(A) Indiana Code Title 8, Article 1.5, Chapter 5, Department of Storm Water Management, is hereby adopted by the Town Council so as to make that chapter and any and all amendments thereto effective and operative in the Town of Cicero, Indiana.
(B) Pursuant to I.C. 8-1.5-5, a Department of Storm Water Management shall be and is hereby created for the purpose of providing for the collection and disposal of storm and surface water in the town.
(C) Pursuant to I.C.
8-1.5-5-4(c),
the Department of Storm Water Management shall be controlled by a Board of Directors which shall consist of three board directors appointed by the president of the Town Council, no more than two of whom may be of the same political party. The president of the Town Council may remove a board director at any time for cause when, in the judgment of the president of the Town Council, it is for the best interest of the Department. If a board director is removed, the president of the Town Council shall appoint a replacement to fill the unexpired term of the removed board director.
(D) The initial terms of the first directors appointed pursuant to this section shall be staggered so that one board director shall have a one-year term; one board director shall have a two-year term; and one board director shall have a three-year term. Thereafter, the terms of all board directors shall be for a period of three years, and all initial terms shall begin on the first day of the month following adoption of this section.
(E) Pursuant to I.C. 8-1.5-5, there is hereby created a special taxing district which shall include all of the territory within the corporate boundaries of the town.
(F) The Board of Directors shall prepare a budget for the operations of the Department of Storm Water Management on an annual basis, which budget shall be subject to approval by the Town Council, and any issuance of bonds or other methods to finance for capital improvements, shall be approved by the Town Council.
(G) The Board of Directors, its secretary and its attorney will be entitled to a salary and out-of- pocket expenses as determined by the annual budget.
(H) As the Board of Directors will not have a working staff, they will employ the Cicero Utilities, the Cicero Director of Streets and Utilities, and his or her staff to manage and perform the necessary labor to operate the Department of Storm Water Management. The Clerk-Treasurer and its staff will bill and collect storm water service charges as determined by the town rate ordinance.
(I) The Cicero Utilities management and staff will be paid for services rendered for the Department of Storm Water Management as determined in the annual storm water management budget.
(Ord. 10-07-2003-2, passed 10-21-03)