(A) A Department of Stormwater Management is hereby established for the town, to be controlled by a Board of Directors consisting on three Directors. Said Directors shall be appointed by the Executive of the town, and not more than two of said Directors may be of the same political party.
(B) The terms of office of the Directors shall be staggered so that one of the Directors shall serve an initial term of one year; one of the Directors shall serve an initial term of two years; and one of said Directors shall serve an initial term of three years. All of said initial terms shall begin effective as of January 1, 1997. The Executive, when making the appointment of Directors, shall specify which Director shall serve which initial term. From and after the initial term, each Director so appointed shall serve a term of three years. The Executive of the town may remove a Director at any time when, in the judgment of the Executive, it is in the best interest of the Department.
(C) The Board created pursuant to the terms of this section shall have those powers provided for under I.C. 8-1.5-3-4(a), as the same may be amended from time to time, which are as follows.
(1) The Board has general supervisory powers over the utilities under its control, with responsibility for the detailed supervision of each utility vested in its superintendent, who is responsible to the Board for the business and technical operation of the utility.
(2) The Board shall:
(a) Fix the number and compensation of employees;
(b) Adopt rules governing the appointment of employees including making proper classifications and rules to:
1. Determine the eligibility of applicants;
2. Determine by competitive examination the relative fitness of applicants for positions;
3. Establish eligible lists arranged according to the ratings secured;
4. Provide for the appointment of those having the highest ratings; and
5. Provide for the promotion of employees.
(3) Subject to I.C. 36-4-9-2, appoint a superintendent or manager of each utility under its control who is responsible to the Board for the business and technical operation of the utility; the Board shall make the appointment on the basis of fitness to manage the particular utility to which he or she is to be assigned, taking into account his or her executive ability and his or her knowledge of the utility industry.
(4) Subject to I.C. 36-4-9-12, hire attorneys when required for the operation of the utility.
(5) Hire professional or expert personnel when required for the operation of the utility.
(6) Submit a budget of its financial needs for the next year in detail required by the municipal legislative body.
(7) Recommend to the legislative body reasonable and just rates and charges for services to the patrons of each utility.
(8) Appropriate, lease, rent, purchase, and hold all real and personal property of the utility.
(9) Enter upon lands for the purpose of surveying or examining the land to determine the location of any plant or appurtenances.
(10) Award contracts for:
1. The purchase of capital equipment;
2. The construction of capital improvements; and/or
3. Other property or purposes that are necessary for the full and efficient construction, management, and operation of each utility.
(11) Adopt rules for the safe, economical, and efficient management and protection of each utility.
(12) Deposit at least weekly with the Municipal Fiscal Officer all money collected from each utility to be kept in a separate fund subject to the order of the Board.
(13) Make monthly reports to the Fiscal Officer of each of the receipts and disbursements of money belonging to each utility and an annual report of the condition of the utility. In addition thereto, the Board shall have the powers and duties set for in I.C. 8-1.5-5-6 as the same may be amended from time to time, as follows:
(a) Hold hearings following public notice;
(b) Make findings and determinations;
(c) Install, maintain, and operate a stormwater collection and disposal system;
(d) Make all necessary or desirable improvements of the grounds; and
(5) Issue and sell bonds of the district in the name of the municipality for the acquisition, construction, alteration, addition, or extension of the stormwater collection and disposal system or for the refunding of any bonds issued by the Board.
(Prior Code, § 2.20) (Ord. 1996-7, passed 10-15-1996)