Article 10 - Creation of Allen County Solid Waste District 

1-10-1 Chapter 1: Title

It is hereby established that Allen County be established as a single county Solid Waste Management District including all incorporated and unincorporated territory with Allen County.

1-10-2 Chapter 2: Purpose

The 1990 Indiana General Assembly enacted H.E.A. 1240/Public Law 10 which requires each county executive to either joint with one or more counties or designate itself as a single county district. The Board of Commissioners for the County of Allen have determined that it would be in the best interest for the citizens of Allen County to establish itself a single county solid waste district.

1-10-3 Chapter 3: Establishment of Single County Solid Waste

Management District

Pursuant to IC 13-9.5-2 there is hereby established the Allen County Solid Waste Management District (ACSWMD). The ACSWMD shall consist of the entire area located within the legal boundaries of Allen County including incorporated and unincorporated territory.

1-10-4 Chapter 4: Organization

The ACSWMD shall be managed by a Board of Directors consisting of the following members:

1. Three (3) members appointed by the Board of Commissioners from its membership.
2. One (1) member appointed by the Allen County Council from its membership.
3. The Mayor of the City of Fort Wayne.
4. One (1) member appointed by the Common Council for the City of Fort Wayne from its membership.
5. One (1) member appointed by the Board of Commissioners of Allen County, who is a member of a Town Board of the incorporated towns within the boundaries of Allen County.

The term of office of a member of the Board of Directors of a district who is appointed from the membership of an executive, legislative, or fiscal body under this chapter is coextensive with the member's term of office on that body. All board members serve at the pleasure of the appointing authority. Upon formation, the board shall meet and elect:

(1) A chairperson and vice chairperson from the board's membership; and

(2) A fiscal officer who is the fiscal officer of the county or municipality located within the district.

1-10-5 Chapter 5: Powers

The Allen County Solid Waste Management Board shall have the following powers:

1. The power to develop and implement a district solid waste management plan under IC 13-9.5-4.
2. The power to impose district fees on the final disposal of solid waste within the district under IC 13-9.5-6-1.
3. The power to receive and disburse funds.
4. The power to sue and be sued.
5. The power to borrow money from the district planning revolving load fund under IC 13-9.5-10.
6. The power to plan, design, construct, finance, manage, own, lease, operate and maintain facilities for solid waste management.
7. The power to enter with any person into a contract or agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for:
1. the design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person.
2. the managing or disposal of solid waste; or
3. the sale of other disposition of materials or products generated by a facility.

   Notwithstanding any other statute, the maximum term of a contract or agreement described in the subdivision may not exceed forty (40) years.

8. The power to enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30.
9. The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste.
10. The power to sell or lease any facility or part of a facility to any person.
11. The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste.
12. The power to enter upon property to make surveys, soundings, borings, and examinations.
13. The power to accept gifts, grants, or loans of money, other property, or services from any source, public or private, and to comply with the terms of the gift, grant, or loan.
14. The power to levy a tax within the district to pay costs or operation in connection with solid waste management, subject to regular budget and tax levy procedures.
15. The power to borrow in anticipation of taxes.
16. The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services.
17. The power to otherwise do all things necessary for the reduction, management, and disposal of solid waste and the recovery of waste products from the solid waste stream.
18. The power to adopt resolutions that have the force of law.

1-10-6 Chapter 6: Delegation of Power

1. The board of a district may delegate any of the board's authority to any board or legislative body of a municipality by resolution. However:

(1) an exercise by a municipality of the taxing power of the district must be ratified by the board of the district; and

(2) if the board of a municipality has been delegated authority under this subsection, the legislative body of the municipality must approve an action of the board of the municipality that involves:

(a) an exercise of the taxing power of the district;

(b) the issuance of bonds under this article;

(c) the setting of fees, rates, and charges under this article.

2. The board may delegate authority to the board's officers to carry out the directions of the board.
3. A resolution delegating powers of the board under this section must contain reasonable standard and parameters within which the delegated powers may be exercised.

1-10-7 Chapter 7: Citizens Advisory Committee

1. The board of directors of each district shall appoint and convene a solid waste management advisory committee of citizens, including representatives of the solid waste management industry operating in the district, who are knowledgeable about and interested in environmental issues. All members of the committee must be residents of the district. In the resolution establishing an advisory committee, the board shall specify the terms of the members and the purposes of the committee. Each advisory committee shall do the following:
1. Study the subjects and problems specified by the board and recommend to the board additional problems in need of study and discussion.
2. If invited by the board to do so, participate, without the right to vote, in the deliberations of the board.
2. A committee shall report only to the board and shall make inquires and reports only on the subject and problems specified by the board's resolution establishing the committee.

1-10-8 Chapter 8: Severability

Should any portion of the ordinance be deemed invalid for any reason, the same shall be considered severable and the remaining sections shall be remaining in full force and effect.

Disclaimer

This version of the Allen County Code is an unofficial copy of the Code converted from a paper copy provided by the Allen County Attorney. Updates are added by IPFW Helmke library as received. Contact the issuing agency or the county attorney for the definitive edition.