(1) The municipal governing authorities of any municipality shall have the power to make regulations to secure the general health of the municipality; to prevent, remove, and abate nuisances; to regulate or prohibit the construction of privy vaults and cesspools, and to regulate or suppress those already constructed; to compel and regulate the connection of all property with sewers and drains; to suppress hog pens, slaughterhouses and stockyards, or to regulate the same and prescribe and enforce regulations for cleaning and keeping the same in order; to regulate and prescribe and enforce regulations for the cleaning and keeping in order of warehouses, stables, alleys, yards, private ways, outhouses, and other places where offensive matter is kept or permitted to accumulate; and to compel and regulate the removal of garbage and filth beyond the corporate limits. The municipal governing authorities are further authorized to adopt and enforce regulations governing the disposal of garbage and rubbish in sanitary landfills owned or leased by the municipality, whether located within or outside of the corporate limits of the municipality, to the extent that such regulations are not in conflict with or prohibited by regulations of the Commission on Environmental Quality adopted under Section 17-17-27.
(2) After December 31, 1992, the governing body of any municipality in the state shall provide for the collection and disposal of garbage and the disposal of rubbish, and for that purpose the governing body shall have the power to:(a) Establish, operate and maintain a garbage and/or rubbish collection and disposal system or systems;(b) Acquire property, real or personal, by contract, gift or purchase, necessary or proper for the maintenance and operation of such system;(c) Make all necessary rules and regulations for the collection and disposal of garbage and/or rubbish not in conflict with or prohibited by rules and regulations of the Commission on Environmental Quality adopted under Section 17-17-27 and, if it so desires, establish, maintain and collect rates, fees and charges for collecting and disposing of such garbage and/or rubbish; and(d) In its discretion, enter into contracts, in the manner required by law, with individuals, associations or corporations for the establishment, operation and maintenance of a garbage or rubbish disposal system or systems, and/or enter into contracts on such terms as the municipal governing body thinks proper with any other municipality, county or region enabling the municipality to use jointly with such other municipality, county or region any authorized rubbish landfill or permitted sanitary landfill operated by the other municipality, other county or region.
(a) Establish, operate and maintain a garbage and/or rubbish collection and disposal system or systems;
(b) Acquire property, real or personal, by contract, gift or purchase, necessary or proper for the maintenance and operation of such system;
(c) Make all necessary rules and regulations for the collection and disposal of garbage and/or rubbish not in conflict with or prohibited by rules and regulations of the Commission on Environmental Quality adopted under Section 17-17-27 and, if it so desires, establish, maintain and collect rates, fees and charges for collecting and disposing of such garbage and/or rubbish; and
(d) In its discretion, enter into contracts, in the manner required by law, with individuals, associations or corporations for the establishment, operation and maintenance of a garbage or rubbish disposal system or systems, and/or enter into contracts on such terms as the municipal governing body thinks proper with any other municipality, county or region enabling the municipality to use jointly with such other municipality, county or region any authorized rubbish landfill or permitted sanitary landfill operated by the other municipality, other county or region.
(3) Notwithstanding the provisions of any other law, charter or ordinance to the contrary, this subsection (3) shall control.(a) The governing authorities of any municipality having a population of one hundred thousand (100,000) or more, are hereby authorized and empowered to dedicate a portion of the rates, fees and charges for collecting and disposing of garbage and/or rubbish to the payment of principal of and interest on bonds or notes issued by a public authority to which the power and authority to operate, maintain or finance costs associated with the water, sewer and/or drainage systems of any municipality shall have been delegated. Any such public authority may issue bonds or notes that are secured by a pledge of and lien on, and may be payable from, the rates, fees and charges dedicated pursuant to this subsection (3). The governing authorities of a municipality may also enter into agreements as may be necessary or desirable in connection with the issuance of bonds or notes by such public authority. Such agreements may include such reasonable provisions as the governing body of the public authority shall determine to be appropriate to provide security for the holders of bonds or notes issued or to be issued by such public authority and, as applicable, for the payment of obligations due providers of credit enhancement with respect to any bonds or notes issued. The governing authorities of such municipality shall covenant to maintain and collect rates, fees and charges for collecting and disposing of garbage and/or rubbish in amounts at least equal to the portion dedicated pursuant to this subsection (3) until such time as the bonds or notes issued by such public authority that are secured by and payable from such dedicated amounts shall have been paid in full, and such covenant shall be set forth in the document authorizing the bonds or notes and shall constitute a covenant of the municipality with the owners and, as applicable, the providers of credit enhancement with respect to such bonds or notes for so long as any such bonds or notes remain outstanding.(b) In addition to any contractual lien granted to holders of bonds or notes issued by such public authority, to secure the full and timely payment of all bonds or notes issued by such public authority, in accordance with their respective terms, all such bonds or notes are and shall be secured by a statutory lien on all such rates, fees, charges or other amounts. The lien shall arise solely by force of this provision specifically upon the issuance of any such bonds or notes, and shall automatically attach without further action or authorization by the municipality or the public authority. The lien shall be valid and binding from the time any such amounts are paid by any person obligated to pay such amount, and the lien shall immediately attach to such amounts and be effective, binding and enforceable against any such county, municipality or public authority or other designated recipient or depository of such amounts, as applicable, their respective successors, transferees, or creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. The municipality is hereby authorized and directed to covenant and agree for the benefit of the holders of the bonds or notes outstanding from time to time that for so long as any bonds or notes remain unpaid, the municipality shall (i) defend, preserve and protect such statutory lien against all claims and demands of third parties, and (ii) not attempt to revoke, terminate or amend such statutory lien in any way that materially adversely affects the rights of any holder of bonds.
(a) The governing authorities of any municipality having a population of one hundred thousand (100,000) or more, are hereby authorized and empowered to dedicate a portion of the rates, fees and charges for collecting and disposing of garbage and/or rubbish to the payment of principal of and interest on bonds or notes issued by a public authority to which the power and authority to operate, maintain or finance costs associated with the water, sewer and/or drainage systems of any municipality shall have been delegated. Any such public authority may issue bonds or notes that are secured by a pledge of and lien on, and may be payable from, the rates, fees and charges dedicated pursuant to this subsection (3). The governing authorities of a municipality may also enter into agreements as may be necessary or desirable in connection with the issuance of bonds or notes by such public authority. Such agreements may include such reasonable provisions as the governing body of the public authority shall determine to be appropriate to provide security for the holders of bonds or notes issued or to be issued by such public authority and, as applicable, for the payment of obligations due providers of credit enhancement with respect to any bonds or notes issued. The governing authorities of such municipality shall covenant to maintain and collect rates, fees and charges for collecting and disposing of garbage and/or rubbish in amounts at least equal to the portion dedicated pursuant to this subsection (3) until such time as the bonds or notes issued by such public authority that are secured by and payable from such dedicated amounts shall have been paid in full, and such covenant shall be set forth in the document authorizing the bonds or notes and shall constitute a covenant of the municipality with the owners and, as applicable, the providers of credit enhancement with respect to such bonds or notes for so long as any such bonds or notes remain outstanding.
(b) In addition to any contractual lien granted to holders of bonds or notes issued by such public authority, to secure the full and timely payment of all bonds or notes issued by such public authority, in accordance with their respective terms, all such bonds or notes are and shall be secured by a statutory lien on all such rates, fees, charges or other amounts. The lien shall arise solely by force of this provision specifically upon the issuance of any such bonds or notes, and shall automatically attach without further action or authorization by the municipality or the public authority. The lien shall be valid and binding from the time any such amounts are paid by any person obligated to pay such amount, and the lien shall immediately attach to such amounts and be effective, binding and enforceable against any such county, municipality or public authority or other designated recipient or depository of such amounts, as applicable, their respective successors, transferees, or creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. The municipality is hereby authorized and directed to covenant and agree for the benefit of the holders of the bonds or notes outstanding from time to time that for so long as any bonds or notes remain unpaid, the municipality shall (i) defend, preserve and protect such statutory lien against all claims and demands of third parties, and (ii) not attempt to revoke, terminate or amend such statutory lien in any way that materially adversely affects the rights of any holder of bonds.
(4) As a necessary incident to such municipal governing authority’s power and authority to establish, maintain and collect such rates, fees and charges for collecting and disposing of such garbage and/or rubbish, and as a necessary incident to such municipal governing authority’s power and authority to establish, operate and maintain a garbage and/or rubbish disposal system or systems, the municipal governing authority of such municipality shall have the authority to initiate a civil action to recover any delinquent fees and charges for collecting and disposing of such rubbish, and all administrative and legal costs associated with collecting such fees and charges, in the event any person, firm or corporation, including any municipal corporation, shall fail or refuse to pay such fees and charges for collecting and disposing of garbage and/or rubbish; provided that such municipal governing authority may initiate such a civil action to recover such delinquent fees and charges whether or not such municipality has previously entered into a contract with such individual, firm or corporation, relating to the establishment, operation and maintenance of such garbage and/or rubbish disposal system or systems; provided further, that in a civil action to recover such delinquent fees and charges for collecting and disposing of such garbage and/or rubbish, and all administrative and legal costs associated with collecting such fees and charges, the municipality shall in all respects be a proper party to such suit as plaintiff and shall have the power to sue for and recover such unpaid fees and charges, and all administrative and legal costs associated with collecting such fees and charges from any person, firm or corporation, as may fail, refuse or default in the payment of such fees and charges.