In connection with the issuance of drainage permits, or in connection with the powers granted to the Board in Indiana Code, § 8-1.5-5-1, et seq., if the Board finds and determines that new drains should be constructed, or existing drains should be required, maintained or reconfigured, and the Board finds such action would be conducive to the public health, convergence or welfare or of public benefit or utility, such action shall be undertaken by the Board.
Upon approval of the Town Council, the Board may assess and collect user fees from all of the property of the storm water district for such purposes; or upon approval by the Town Council the Board may cause bonds to be issued to pay for such construction, repair, maintenance or reconfiguration.
In all instances wherein a letter of map revision has been issued by Federal Emergency Management Agency (FEMA) after approval by the Indiana Department of Natural Resources (IDNR) the plans and specifications adopted by the Board for constructing, repairing, maintaining, or reconfiguring of any existing drain shall be such as to assure that the channel shape and elevation of such drain will be maintained as stated in the modeling submitted to obtain such letter of map revision. Further, such specifications shall provide for the removal of all bush, low growing trees and thick tall grasses which may have developed on the banks of in the channel of such drains.
Nothing contained herein shall preclude the Board from proceeding under the authority granted in Indiana Code, § 36-9-27-22 as to regulated drains as defined in Indiana Code, § 36-9-27-2 or from proceeding under Indiana Code, § 36-9-27-98 if the Town Council appropriates the funds required to proceed thereunder; provided further, that nothing herein shall be interpreted as limiting the right of the Town Council to levy a tax for drainage purposes the proceeds of which are to be used and administered by the Board. (Ord. No. 92-4, § 38, 2-10-92)