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DEPARTMENT OF WATERWORKS
(A) General. The town will own and operate a waterworks, and the Council hereby adopts the provisions of IC 8-1.5-4 with passage and adoption of this section.
(B) Board of Directors. The Town Council, pursuant to IC 8-1.5-4-2 establishes a Department of Waterworks to be known the Town of Cedar Lake Department of Waterworks (the Department). The Department shall be governed by a body to be known as the Board of Directors of the Town of Cedar Lake Department of Waterworks (the Board). The Board shall consist of three directors (the Directors) who shall be appointed by the President of the Town Council. Not more than two Directors may be of the same political party. The term of the first Director shall end of December 31, 200 ; the term of the second Director shall end on December 31, 200 ; and the term of the third Director shall end on December 31, 200 . Thereafter all terms will be for a period of four years. The Directors shall be compensated for their services as set forth annually in the salary ordinance of the town. In the event that a vacancy occurs on the Board, that vacancy shall be filled by a majority of the Council within 60 days from the date the vacancy occurred. Each Director shall give a bond, which shall be fixed by the Clerk-Treasurer in a form subject to approval of the Clerk-Treasurer in conformance with the rules and regulations of the State Board of Accounts. The majority of the Council may remove a Director at any time when, in the judgment of the Council, it is for the best interests of the Department.
(C) Waterworks District. The Department has jurisdiction over a special taxing district to be known as the Town of Cedar Lake Department of Waterworks Special Taxing District (the District), which consists of all territory within the municipal corporate boundaries, or territory served or to be served by the town’s waterworks.
(D) Powers and duties. The Board created herein shall have all of the powers and duties prescribed by IC 8-1.5-4-4, as such exists on the date of passage and adoption of this section, and as amended hereafter.
(E) Compliance. The Department and Board shall comply with all provisions of IC 8-1-5-4, as existing, or as may be hereafter amended.
(F) Revenue bonds. The Board shall take no actions which shall impair or impede the rights of holders or revenue bonds as long as the same are outstanding. The town shall retain all its authority and right to issue waterworks revenue bonds in accordance with IC 8-1.5, notwithstanding the adoption of this section or the establishment of the Department and Board.
(Ord. 1010, passed 7-10-07)
TOWN UTILITY BOARD
(A) The Town Council, as legislative body of the town, hereby provides for the control of the municipal waste water utility and collection system, as well as the municipally owned water utility and distribution systems, in accordance with the provisions of IC 8-1.5-3-3, as amended from time to time, by establishment herein of a Town Utility Board pursuant to applicable state laws.
(B) The established Board shall consist of the members of the Town Council, as town legislative body, in conformance with the provisions of IC 8-1.5-3-3(a)(2), as amended from time to time.
(C) The established Board has and retains general supervisory powers over the municipally owned utilities under its control, consistent with the provisions of IC 8-1.5-3-4, as it states presently, and as the same may be amended hereafter from time to time.
(D) The established Board shall further have all authorized powers, duties and responsibilities as set forth generally in IC 8-1.5-3-1 et seq., as the same presently exists, or as the same may be amended hereafter from time to time, related to the operation of municipally owned utilities, and all other applicable law.
(Ord. 1333, passed 3-19-19)
BOARD OF SAFETY
(A) Subject to the provisions set forth herein, there is hereby established a Board of Safety for the town.
(B) All provisions now or hereafter provided by applicable state law, as amended from time to time, for the appointment, term, oath and bond of a Commissioner of the Board of Metropolitan Police Commissioners of the town, shall apply to the appointment, term, oath and bond of a Commissioner of the Board of Safety. Hereafter, the Board of Metropolitan Police Commissioners shall act as the Board of Safety for the town.
(Ord. 1353, passed 6-16-20)
(A) The Commissioners of the Board of Safety shall have every power and shall comply with every responsibility in the policymaking and management oversight of the operation, management and control of the Departments of Police and Fire, including emergency medical services conducted by the Municipal Fire Department, as is now, or may hereafter in the future be provided, under applicable state law, as amended from time to time.
(B) Each Commissioner of the Board of Safety, in appointing, disciplining or dismissing a member of any department under its control, shall do so without regard to the political affiliation of the person, and without regard to any other cause or reason other than fitness or unfitness of the person, under applicable rules, regulations, policies and procedures of each department.
(C) (1) The Board of Safety shall consist of five appointed Commissioners. Each shall be appointed in accordance with applicable state law, as amended from time to time. The Town Council shall appoint each Commissioner. A designated Town Administrator shall receive notice of and have the right to attend all meetings, including regular, special, and executive, and shall be allowed to participate in discussions at all such meetings, and shall be allowed to submit reports and writings to the Commissioners; but in no event shall the designated Town Administrator, in the liaison capacity, have any right to vote or have any other right, power or duty reserved to a Commissioner.
(2) Two Commissioners shall be initially appointed for one year terms. Two Commissioners shall be initially appointed for two year terms. One Commissioner shall be initially appointed for a three year term. Each term thereafter shall be for three years. The term of each Commissioner expires on January 1 of the third year after the appointment of the Commissioner. The appointments of the current members of the Town Board of Metropolitan Police Commissioners are ratified as to said appointments and term(s) of appointment for each.
(D) Each Commissioner of the Board of Safety is subject to removal for any cause deemed sufficient by the Town Council.
(E) A majority of the appointed and acting Board of Safety shall constitute a quorum. The Board of Safety shall adopt rules concerning the time of holding regular and special meetings and of giving notices of them in accordance with applicable state law, as amended from time to time. The Board of Safety shall elect one of its Commissioners as Chairperson, one as Vice Chairperson, and one as Secretary, and each Commissioner shall hold the position as long as prescribed by the rules of the Board of Safety. The Board shall record its proceedings in accordance with applicable state law, as amended from time to time, and same shall be considered public records to be filed and maintained in the Office of the Clerk-Treasurer.
(F) The Commissioners of the Board of Safety may act only as a board. No individual member may bind the Board of Safety or the town except through a resolution entered in the records of the Board of Safety authorizing such Commissioner to act in its behalf as its authorized agent for the purpose set forth therein, and no individual member can otherwise act unilaterally.
(G) The Commissioners of the Board of Safety may appoint, subject to qualifications for employment determined by the Board of Safety, and approved by the Town Council, the following:
(1) The members and other employees of the Metropolitan Police Department; and
(2) The members and other employees of the Municipal Fire Department.
(H) Compensation.
(1) The annual compensation of all members and employees of the Police and Fire Departments, and other appointees, shall be fixed by the town’s Annual Salary Ordinance.
(2) The salary of the Commissioners shall be fixed from time to time by the Town Council and payable out of the General Fund of the town under the provisions of the annual Town Salary Ordinance.
(Ord. 1353, passed 6-16-20)
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