§ 34.04  DEPARTMENT OF STORM WATER MANAGEMENT.
   (A)   I.C. 8-1.5-5 addressing the matter of storm water management is hereby adopted, making that chapter and any and all amendments thereto effective and operative as to the town. The Council shall have the authority to exercise all powers provided by I.C. 8-1.5-5-1 et seq.
   (B)   Pursuant to I.C. 8-1.5-5, a Department of Storm Water Management shall be and hereby is created for the purpose of providing for the collection, disposal and drainage of storm and surface water and relieving of sanitary sewers of such water in the special taxing district that is also hereby created pursuant to that chapter. The Department shall be administered with the town municipal utilities. Three Directors to be appointed by the Town Council President, pursuant to I.C. 8-1.5-5, shall govern the Board.
   (C)   The territory initially included in the special taxing district shall be and is all of the territory now and hereafter included within the corporate limits of the town.
   (D)   The Board of Directors of the Department of Storm Water Management shall consist of three members, who shall be appointed by the President of the Town Council. Not more than two members may be of the same political party. Members must either be adult citizens of the town or adult individuals residing within the extraterritorial planning jurisdiction of the town. Each Director shall serve a term of three years; however, the initial terms shall be staggered such that one Director shall serve an initial term of two years, one Director shall serve an initial term of three years and one Director shall serve an initial term of one year. The President of the Town Council may remove a Director at any time, when, in the judgment of the President of the Town Council, the removal is in the best interest of the Department. A member of the Board of Directors is not entitled to a salary, compensation, remuneration or per diem for serving as a Director. However, a Director shall be reimbursed for necessary expenses incurred by the Director in the performance of official duties.
   (E)   The acquisition, construction, installation, operation and maintenance of facilities and land for the storm water system may be financed through the proceeds of special taxing district bonds of the storm water district; the assumption of liability incurred to construct the storm water system being acquired; service rates; revenue bonds; or any other available funds. The Board, after approval by the Town Council, may assess and collect user fees from all of the property of the storm water district for the operation and maintenance of the storm water system.
(Prior Code, § 34.04)  (Ord. 2003-06, passed 11-11-2003; Ord. 2018-07, passed 7-3-2018)