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Cedar Lake, IN Code of Ordinance
TOWN OF CEDAR LAKE, INDIANA CODE OF ORDINANCES
TOWN OFFICIALS
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 34.120 MEANS OF FINANCING.
   (A)   Taxing district.
      (1)   This subchapter creates a special taxing district, including all territory within the municipal corporate boundaries of the town, for the purpose of providing for the collection and disposal of stormwater of the district in a manner that protects the public health and welfare and for the purpose of levying special benefit taxes for purposes of stormwater collection and disposal.
      (2)   Any area added to the district hereunder is considered to have received a special benefit from the stormwater collection and disposal facilities of the district equal to or greater than the special taxes imposed on the area by this subchapter or any other authority or legislative act in order to pay all or part of the costs of such facilities.
   (B)   Municipal assessment.
      (1)   The reasonable cost and value of any service rendered to the town by the stormwater system by furnishing stormwater collection and disposal shall be:
         (a)   Charged against the town; and
         (b)   Paid for in monthly installments as the service accrues out of the:
            1.   Current revenues of the town, collected or in process of collection; and
            2.   Tax levy of the town made by it to raise money to meet its necessary current expenses.
      (2)   Compensation for the service provided to the town shall, in the manner prescribed herein, be treated as revenues of the system and paid into the funds created under this subchapter.
   (C)   Bonding.
      (1)   The Board shall have the power to issue and sell bonds of the district in the name of the town 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 town.
      (2)   The bonds of the district are:
         (a)   A valid claim of the holders only against the bond and interest redemption account and the revenues of the stormwater system;
         (b)   Exempt from taxation in the state as provided IC 6-8-5, as amended from time to time;
         (c)   Bonds which may be issued either as registered bonds or as coupon bonds payable to the bearer;
         (d)   Except as provided in this subchapter or IC 5-1-3, as amended from time to time, bonds which are to be in accordance with IC 5-1-11, as amended from time to time. The registration of bonds does not affect negotiability.
      (3)   All monies received from bonds issued under this subchapter shall be applied solely to the acquisition, construction, repair, and maintenance of the stormwater system, the cost of the issuance of the bonds, and the creation of any reserve for the bonds.
      (4)   Any holder of the bonds may bring a civil action to compel performance of all duties required by this subchapter of the Board issuing the bonds or of any officer of the Board, including the following:
         (a)   Making and collecting reasonable and sufficient user fees lawfully established for service rendered by the stormwater system.
         (b)   Segregating the income and revenues of the Department.
         (c)   Applying the respective funds created under this subchapter.
      (5)   In the event there is any default in the payment of the principal or interest of any of the bonds, a court of competent jurisdiction may:
         (a)   Appoint an administrator or receiver to administer
the stormwater system on behalf of the town and the bondholders, with power to:
            1.   Charge and collect user fees lawfully established sufficient to provide for the payment of the operating expenses and also to pay any bonds or obligations outstanding against the stormwater system; and
            2.   Apply the income and revenues in conformity with the provisions of this subchapter.
         (b)   Declare the whole amount of the bonds due and payable and direct the sale of the stormwater system.
   (D)   Taxing district bonds.
      (1)   In order to procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the Board may issue, in the name of the town, special taxing district bonds of the stormwater district. The bonds may not exceed the total estimated cost of the work and property to be acquired as provided for in the resolution, including:
         (a)   All expenses necessarily incurred for supervision and inspection during the period of construction; and
         (b)   Expenses actually incurred preliminary to the acquiring of the necessary property, and the construction of the work, including the cost of records, engineering expenses, publication of notices, salaries and other expenses incurred, before and in connection with the acquiring of the property, the letting of the contract, and the sale of bonds.
      (2)   After adopting a resolution authorizing the bands, the Board shall certify a copy of the resolution to the Clerk-Treasurer, who shall then prepare the bonds. The Town Council, by its designated representative, shall execute the bonds, and the Clerk-Treasurer shall attest the bonds.
      (3)   The Board may not issue bonds of the stormwater district, payable by a special benefit property tax, when the total of the outstanding bonds of the district that are payable from a special benefit property tax, including the bonds already issued and to be issued, exceeds 8% of the total assessed valuation, after deducting all exemptions, of the property within the district. For purposes of this section, bonds are not considered to be outstanding bonds if the payment has been provided for by an irrevocable deposit in escrow of government obligations sufficient to pay the bonds when due or called for redemption.
      (4)   The bonds are not a corporate obligation or indebtedness of the town but are an indebtedness of the stormwater district. The bonds and interest are payable:
         (a)   Out of a special benefit tax levied upon all of the property of the stormwater district; or
         (b)   By any other means including revenues, cash on hand, and cash in depreciation or reserve accounts.
      (5)   The bonds must recite the terms upon their face, together with the purpose for which they are issued.
      (6)   In order to raise the necessary revenues to pay for the bonds issued and the interest on the bonds, the Board:
         (a)   After approval by the town Council, shall levy a special benefit tax upon all the property of the stormwater district in the amount necessary to meet and pay the principal of the bonds as they severally mature, together with all accruing interest; and
         (b)   Shall certify the tax levied each year to the fiscal officers of the town and of the county, at the same time the levy of the town is certified.
      (7)   The tax levied and certified shall be estimated and entered upon the tax duplicate and shall be collected and enforced in the same manner as state and county taxes are estimated, entered and enforced.
      (8)   In fixing the amount of the necessary levy, the Board:
         (a)   Shall consider the amount of the revenues derived by the Board from the operation of the stormwater system under its jurisdiction above the amount of revenues required to pay the cost of operation and maintenance of the stormwater system; and
         (b)   May, in lieu of making the levy as described in this section, set aside by resolution a specific amount of the surplus revenues to be collected before maturity of the principal and interest of the bonds payable in the following calendar year.
      (9)   The special tax collected shall be deposited in the bond and interest redemption account.
      (10)   The Board may not issue any bonds authorized by this subchapter until it has secured the approval for the issuance of the bonds from the Town Council.
      (11)   IC 6-1.1-20, as amended from time to time, applies to the issuance of bonds under this subchapter which are or may be payable from the special benefit property tax.
      (12)   Revenues received by the Department may be used to pay for bonds issued to acquire, construct, install, operate, and maintain facilities and land for stormwater collection and disposal systems.
      (13)   In the event there are bonds outstanding for which user fees were pledged, the Board may not rescind user fees or reduce them below a rate that would produce 125% of the highest annual debt service on the bonds issued under this subchapter to their final maturity, based on an average of the immediately preceding three years of user fee collections. In the event the user fees have been levied for the preceding three years, the Board may not reduce user fees below a rate that would produce 125% of the highest debt service, based upon a study by a qualified public accountant or financial adviser.
      (14)   With respect to bonds for which a pledge has been made under division (D)(11) of this section, the Indiana General Assembly covenants with the holders of these bonds that:
         (a)   This statutory provision will not be repealed or amended in a manner that will adversely affect the imposition or collection of the user fees under this subchapter; and
         (b)   This statutory provision will not be amended in a manner that will change the purpose for which revenues from the user fees imposed under this subchapter may be used, as long as those bonds are outstanding.
(Ord. 560, passed 9-1-92)
§ 34.121 PREREQUISITES TO ACQUISITION, CONSTRUCTION, REPAIR, EXTENSION, OR IMPROVEMENT OF STORMWATER SYSTEM.
   (A)   The Board may investigate and make the following findings:
      (1)   The stormwater system is insufficient to furnish the necessary collection and disposal of stormwater to properly protect the public health and welfare and safeguard the property within the district; and
      (2)   It is necessary to acquire, construct, rebuild, repair, extend, and improve the stormwater system and equipment; to acquire lands; or to construct, erect, or acquire other systems and other structures and equipment appurtenant to them;
   (B)   Upon making findings set forth in division (A) of this section, the Board shall prepare maps, plans, specifications, and drawings with full details and descriptions for the proposed work, together with an estimate of the cost. The Board shall also prepare a description of all property rights necessary to be acquired in connection with the proposed work and the manner in which the rights are to be acquired, whether by purchase or appropriation, along with a description of any other property that may be injuriously affected, together with the estimated cost.
   (C)   Upon completion of the aforesaid requirements, the Board shall then adopt a resolution approving the project by:
      (1)   Declaring that the project is necessary for the protection of the public health and welfare of the inhabitants and
residents of the stormwater district and for the safeguarding of the property within the district;
      (2)   Declaring that the project is of public utility and benefit;
      (3)   Appropriating the property described in the resolution;
      (4)   Stating the maximum proposed cost of any land to be purchased; and
      (5)   Adopting plans, maps, specifications, drawings, details, descriptions, and estimates.
   (D)   In the event a resolution as described above is adopted, the Board shall publish a notice in accordance with IC 5-3-1, as amended from time to time, of the adoption of the resolution and of the fact that plans, specifications, and estimates have been prepared and can be inspected. The notice must also name a date, not less than ten days after the date of the last publication, when the Board will receive or hear remonstrances from the persons interested in or affected by the resolution, and when it will determine the public utility and benefit of the project. Notice shall be mailed to the owners of all property appropriated by the resolution. In the event a landowner is a nonresident and the landowner’s place of residence is known, a notice shall be mailed to the nonresident owner. In the event the nonresident owner’s residence is unknown to the Board, then the owner is considered notified of the pendency of the proceedings by the publication of notice.
   (E)   Separate descriptions of each piece or parcel of land are not required in the resolution and notice, but it is a sufficient description of the property purchased or to be purchased, or to be appropriated or damaged, to give a description of the entire tract, whether it is one or more lots or parcels, and whether it is owned by one or more persons.
   (F)   All persons affected by the proceedings, including all taxpayers in the stormwater district, are considered to be notified of the proceedings and all subsequent acts, hearings, adjournments, and orders of the Board by the original publication of notice.
   (G)   The Board may, before adoption of the resolution, obtain from the owners of the property an option for its purchase, or may enter into a contract or agreement for its purchase after an appraisal by two qualified land appraisers. An option or contract is subject to the final action of the Board confirming, modifying, or rescinding the resolution.
(Ord. 560, passed 9-1-92)
§ 34.122 HEARING AND APPEAL.
   (A)   At the time fixed for the hearing, or before the hearing, the following persons may file a written remonstrance with the Board:
      (1)   The owner of real property, rights-of-way, or other property to be appropriated under the resolution;
      (2)   A person injuriously affected by the appropriation.
      (3)   A person owning real or personal property within the stormwater district.
   (B)   At the time of the hearing, the Board shall:
      (1)   Hear all persons interested in the proceedings;
      (2)   Hear all the remonstrances that have been filed; and
      (3)   Take action to confirm, modify, or reject the resolution.
   (C)   Any person who has remonstrated in writing and is aggrieved by the decision of the Board may, within 30 days, take an appeal to the circuit or superior courts of the county in which the stormwater district is located.
   (D)   A remonstrator desiring to appeal the action of the Board shall, within 30 days after the final action of the Board, file in the office of the clerk of the circuit or superior courts, a copy of the order of the Board, and the remonstrance, together with a bond conditioned to pay the costs of the appeal, should the appeal be determined against the remonstrator.
   (E)   A court may hear the appeal only if the issue is whether the Board acted arbitrarily or capriciously in adopting the resolution.
   (F)   The cause shall be tried by the court without a jury.
   (G)   All remonstrances upon which appeals are taken may be consolidated and heard as one claim for relief by the court.
(Ord. 560, passed 9-1-92)
§ 34.123 ACQUISITION OF STORMWATER SYSTEMS.
   (A)   In the event the Board acquires a stormwater system and assumes the liability incurred by the seller to construct the stormwater system, the principal and interest on the liability so assumed shall be paid from the bond and interest redemption account in the same manner as bonds of the district would be paid, and the Board shall set aside sufficient revenues to comply with the requirements of the instrument creating the liability.
   (B)   The town, in acquiring a stormwater system, may not assume any liability for the payment of a secured debt or charge other than the obligation to apply the revenues in the manner prescribed in this subchapter. The Board may issue bonds in exchange for, or satisfaction of, the liability assumed in the acquisition of a stormwater system. The bonds so issued may not be issued thereof in exchange for, or
satisfaction of, the liability. Notwithstanding other provisions and terms of this subchapter, bonds issued in exchange for, or in satisfaction of, the liability need not be sold in accordance with IC 5-1-11, as amended from time to time. However, the interest rate on such bonds may not exceed the average yield on municipal revenue bonds of comparable credit rating and maturity as of the end of the week immediately preceding the issuance of the bonds.
   (C)   In the event the Board acquires a stormwater system and pays for it and for extensions and betterments authorized at the time of acquisition, it may provide for the combined costs in one issue of bonds. The Board shall issue and secure the bonds in the manner provided in this subchapter to provide funds for the original construction of a stormwater system.
(Ord. 560, passed 9-1-92)
§ 34.124 JOINT IMPROVEMENTS OR REPAIRS TO STORMWATER SYSTEM AND SANITARY SEWER SYSTEM.
   (A)   Whenever work on a stormwater system that is combined with a sanitary sewer system necessitates the repair or replacement of all or part of a sanitary sewer system, the entity that owns or maintains the sanitary sewer system shall assume a proportionate share of the cost of repairing or replacing the sanitary sewer system.
   (B)   The Board and the entity that owns or manages the sanitary sewer system shall negotiate the division of the costs described in division (A) above.
   (C)   In the event the parties cannot agree to a division of the costs, they shall petition the circuit or superior courts of the county where the majority of the systems are located to divide the costs. The court shall hold a hearing on the division of costs within 60 days after receiving the petition. The court shall publish notice of the hearing in accordance with IC 5-3-1, as amended from time to time. The decision of the court shall be binding on both parties.
(Ord. 560, passed 9-1-92)
§ 34.125 HOW PROPERTY TO BE HELD.
   All real property, rights-of-way, or other property acquired by purchase or appropriation shall be taken and held in the name of the town.
(Ord. 560, passed 9-1-92)
§ 34.126 INTERIM SCHEDULE OF RATES AND CHARGES.
   (A)   For the services rendered by the Department of Stormwater Management, interim rates, charges and fees shall be collected from the owners of each and every lot or parcel of real estate with buildings or other structures located thereon, that are within the Town of Cedar Lake Jurisdictional Corporate Municipal limits, which interim rates, charges and fees shall be payable as hereinafter provided and shall be an amount determinable as follows:
      (1)   If the lot or parcel of real estate above is a customer of the Town Sanitary Sewer Utility, the interim Stormwater Management rate shall be 10% of the monthly Sanitary Sewer Utility user charge.
      (2)   If the lot or parcel of real estate above is not a customer of the Town Sanitary Sewer Utility, the interim Stormwater Management rate shall be as follows:
User Classifications
Monthly Stormwater Rate
User Classifications
Monthly Stormwater Rate
Residences, apartments and other dwelling quarters, mobile home courts
$3.00 per dwelling unit
Professional offices, governmental offices, banks, utilities
3.20 for the first 2 employees & $1 for each employee over 2
Nursing home
1 per patient bed available for occupancy
Churches & other religious bodies.
Also lodges & veterans organizations without eating and/or drinking facilities.
3.20 per establishment
Shop in residence
6.30 per residence & shop
Motels, rooming houses, church camps & similar establishments
1.00 per room available for and not less than $.34 per bed
Retail establishments under 50,000 square feet total space, drive-in establishments, restaurants and organizations with eating and/or drinking facilities and gasoline service stations
3.20 for the first 2
Retail establishments in excess of 50,000 square feet total space, and all theaters, bowling centers, industrial uses, schools, bulk washeterias, car wash facilities, hospitals, hotels, monasteries, religious retreats, taverns, golf courses and resorts
3.20 for the first 2 employees and $1 for each additional employee and a total of not less than $12
 
   (C)   The minimum monthly charge for any service shall in no event be less than $3 or 50% of the largest billing in the preceding 11 months, whichever is the largest, and such rates shall be charge each month, even though the property is not used or occupied year round.
   (D)   The interim rates, charges and fees established by this section, as emended from time to time, shall be billed and collected by the town monthly. The billing shall be issued by the town on or about the first day of each month. The interim rates, charges and fees billed shall be paid by no later than the 20th day of each month. In the event the billing is not paid on or before the 20th day of each month, then a 30% penalty shall be imposed. For purposes of computing time, and particularly for the assessment of the 30% penalty, the 20th day of each month is the last day on which payment of billing without imposition of the 30% penalty may be made. After the 20th day of each month, except as provided hereafter, the 30% penalty to the billing shall be assessed and collected. In the event that the 20th day of the month is a Saturday, a Sunday, a legal holiday as defined in the Town Code, or a day in which the business office of the sewer utility is closed, the next day shall be the last day on which payment of the monthly billing may be made, and the day after such day is the time when imposition of the 30% penalty shall be imposed.
(Ord. 646, passed 3-21-95; Am. Ord. 653, passed 8-15-95; Am. Ord. 672A, passed 5-28-97)
REDEVELOPMENT COMMISSION
§ 34.140 REDEVELOPMENT COMMISSION ESTABLISHED.
   (A)   The Council establishes the Department of Redevelopment. The Department will be controlled by a board of five members, to be known as the Cedar Lake Redevelopment Commission. Three of the members shall be appointed by the Municipal Executive, the President of the Council, and two members shall be appointed by the council.
   (B)   The original members of the Commission appointed shall serve until the first day of January in the second year of their appointment; thereafter, each Commissioner shall serve for one year from the first day of January until a successor is appointed and qualified.
   (C)   In the event that a vacancy occurs, a successor shall be appointed in the same manner as the original member, and the successor shall serve for the remainder of the vacated term.
   (D)   Each member of the Commission, before beginning his duties, shall take and subscribe an oath of office in the usual form, to be endorsed on the certificate of their appointment, which shall be properly filed with the Clerk-Treasurer.
   (E)   Each member of the Commission, before beginning his duties, shall execute a bond payable to the state, with surety to be approved by the council. The bond must be in the penal sum of at least $15,000, and must be conditioned on the faithful performance of the duties of his office in the accounting for all monies and property that may come into his hands, or under his control. The cost of the bond shall be paid by the Special Taxing District.
   (F)   A member of the commission must be at least 18 years of age, and must be a resident of the town.
   (G)   In the event that a Commissioner ceases to be qualified hereunder, that member forfeits his office.
   (H)   Except as provided in sub-section (I), members of the Commission are not entitled to salaries, but are entitled to reimbursement for expenses necessarily incurred in the performance of their duties.
   (I)   A member of the Commission who does not otherwise hold a lucrative office as defined and set forth by Article 2, Section 9, of the Indiana Constitution may receive:   
      (1)   A salary; or
      (2)   A per diem;
      (3)   And is entitled to reimbursement for expenses necessarily incurred in the performance of the Commissioners duties.
(Ord. 738, passed 12-15-98; Am. Ord. 984, passed 1-2-07)
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