(A) Authority. Pursuant to authority granted by I.C. 36-9-23-4, the New Albany Sewer Board shall henceforth be established as a sanitary board in accordance with the provisions of I.C. 36-9-23-4. The board established by this section may hereinafter be referred to as either the "New Albany Sanitary Board" or the "New Albany Sewer Board".
(B) Ratification of previous actions and determinations. All of the actions and determinations previously taken or made by the New Albany Sewer Board in administering the city wastewater collection, treatment and disposal system are hereby ratified.
(C) Jurisdiction. The New Albany Sewer Board shall henceforth have exclusive jurisdiction over the construction, acquisition, improvement, operation and maintenance of sewage works within the city.
(D) Membership. The membership of the New Albany Sewer Board shall hereinafter consist of the following:
(1) The Mayor of New Albany, or the Mayor's designee, who shall serve as chairperson at all times during his or her tenure in such office;
(2) Two members, appointed by majority vote of the members of the Common Council, provided that one such member shall be the City Engineer or a registered professional engineer, and further provided that such non City Engineer person shall not be a paid or unpaid official or employee of the city.
(3) The New Albany Sewer Board shall select a vice chairperson.
(E) Quorum. A quorum at any properly convened regular or special meeting of the New Albany Sewer Board shall consist of at least two members.
(F) Terms. The Common Council shall designate one of its appointees to serve an initial term of two years, and the other appointee to serve an initial term of three years.
(G) Compensation. The members of the New Albany Sewer Board shall be entitled to such compensation as is fixed by the Mayor of New Albany, subject to the approval of this Common Council. Each of the members of the New Albany Sewer Board shall further be entitled to the payment for reasonable expenses incurred in the performance of their duties, but such compensation shall not exceed the sum of $1,200 annually per person ($100 per month) annually unless approved by the Council before being incurred.
(H) Secretary and Treasurer. The New Albany Sewer Board shall select a secretary and a treasurer, who need not be members of the Board. However, the Board may combine the offices of the secretary and treasurer into a single office of secretary-treasurer. The secretary, treasurer, or secretary-treasurer of the New Albany Sewer Board shall be entitled to compensation as fixed by the Mayor of New Albany, subject to the approval of this Common Council. This Common Council understands that the New Albany City Clerk as its secretary and the New Albany City Controller as its Treasurer.
(I) Bond.
(1) This Common Council hereby determines that no bond shall be required of the Mayor as chairperson of the New Albany Sewer Board.
(2) This Common Council hereby further hereby fixes the bond required of the Mayor's designee and appointed members of the New Albany Sewer Board in the amount of $5,000 each.
(3) This Common Council further hereby fixes the bond required of the treasurer of the New Albany Sewer Board in the amount of $20,000, provided that the requirement of such bond shall be waived if the treasurer appointed by the New Albany Sewer Board is the City Controller.
(4) The City Clerk shall file all such bonds with the County Recorder, as provided by I.C. 5-4-1-5.1.
(J) Rules, bylaws and regular meetings.
(1) The New Albany Sewer Board may establish rules and bylaws for its own governance.
(2) The New Albany Sewer Board shall hold regular meetings at least twice monthly, pursuant to schedule adopted by the New Albany Sewer Board.
(K) Sanitary district not created. It is the specific finding and intent of the Common Council that, notwithstanding the provisions of Ord. G-96-105, the city be determined as not having created, either previously or presently, a sanitary district under the control of a board of sanitary commissioners pursuant to the provisions of I.C. 36-9-25 et seq.
(Ord. G-96-105, passed 3-13-1996; Ord. G-99-366, passed 12-16-1999; Ord. A-04-07, passed 2-19-2004; Ord. G-08-03, passed 1-23-2008)