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SEWER BOARD
§ 51.115 ESTABLISHMENT.
   (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)
§ 51.116 DISPUTED CUSTOMER ACCOUNTS.
   (A)   The New Albany Sewer Board is hereby granted authority to consider, determine and resolve disputes regarding the bills sent to the city's sanitary sewer utility customers.
   (B)   Customers wishing to have a dispute determined shall first contact the billing office staff of the New Albany Sewer Utility to determine whether an administrative or clerical error has been made on the subject bill(s) by IAWC or otherwise. In that event, the billing office staff is authorized to take the actions reasonably necessary to correct the administrative or clerical error.
   (C)   In the event that the billing office staff determines that the disputed billing is not the result of any clerical or administrative error by IAWC or otherwise, but the customer continues to demand adjustment to the subject bill(s), the billing office staff shall have authority to consider, determine and resolve the dispute as further authorized by the Board pursuant to its adopted rules and procedures; provided, however, that, no adjustment shall be granted by the billing office staff in excess of $200 in the aggregate.
   (D)   In the event that the customer seeks an adjustment of his or her bill in excess of the aggregate amount set forth in division (C) above for any reason not related to clerical or administrative error, that request shall be forwarded to the New Albany Sewer Board for its consideration. The customer shall be given an opportunity to address the merits of his or her contention at a regular or special meeting of the Board, and the subject billing(s) may be affirmed or modified as determined by majority vote of the Board.
   (E)   The Board shall within its reasonable discretion be entitled to adopt such rules, regulations and procedures for addressing repeated adjustments to the bills of sanitary sewer customers as it deems appropriate; provided, however, that, no adjustment to a sanitary sewer bill shall be granted on the basis that the water usage used to calculate the bill resulted from water used to operate an irrigation system or swimming pool that was first installed after April 1, 2005, unless the owner of the property on which the irrigation system or swimming pool is installed causes a separate meter to be installed solely for the purpose of measuring the water utilized by the irrigation system or swimming pool. Furthermore, no adjustment shall be granted on the basis that the water usage used to calculate the bill resulted from water used to operate an irrigation system or swimming pool after April 1, 2006, regardless of the date on which the irrigation system or swimming pool was installed. After that date, any property owner seeking relief from its sanitary sewer bill on account of water used by an irrigation system or swimming pool shall obtain the relief solely by installation of a separate meter.
   (F)   Nothing in this section shall affect the manner in which the Common Council or the New Albany Sewer Board administers any summer watering program by which sanitary sewer use rates or bills may be reduced for residential customers.
   (G)   The Clerk shall provide an executed copy of Ord. G-05-10 to each of the following:
      (1)   John E. Eckart, President, Indiana-American Water Company, Inc., P.O. Box 570, Greenwood, Indiana 46142;
      (2)   The Office of the New Albany Building Commissioner, which office shall take all steps deemed reasonably necessary to advise applicants for building permits of the restriction on sewer bill adjustments set forth in division (E) above;
      (3)   Silver Creek Water Corporation;
      (4)   Borden Tri-County Water Corporation;
      (5)   Edwardsville Water Corporation;
      (6)   Floyds Knobs Water Company; and
      (7)   All irrigation and swimming pool companies listed in the yellow pages for New Albany and surrounding areas.
(Ord. G-05-10, passed 3-8-2005)
§ 51.117 OPERATING RESERVE ACCOUNT.
   (A)   The Sewer Board is hereby granted authority to open and maintain an operating reserve account into which the Controller shall initially deposit the sum of $550,000 from the Sewer Utility's revenues. This account shall be administered by, and under the control of, the Controller, subject to the further terms, conditions and instructions established herein.
   (B)   The Controller shall open and maintain the operating reserve account in an interest bearing account at a financial institution designated by the Sewer Board; provided, however, that, institution must maintain an office within the boundaries of the City or New Albany, Floyd County, Indiana.
   (C)   The Sewer Board may, from time to time as necessary, direct the Controller to deposit additional Sewer Utility revenues into the operating reserve account as deemed necessary to satisfy any and all conditions of the previously issued bonds. The Sewer Board shall further be authorized to allocate, transfer or expend amounts from the operating reserve account by written approval of claims or transfers by the Sewer Board in the manner and form prescribed by Indiana law; provided, however, that, the balance within this account shall not be reduced below the amount required to comply with any then existing bond covenants. The Controller shall disburse funds from the operating reserve account except in compliance with the terms of this section.
(Ord. G-05-25, passed 6-6-2005)
§ 51.118 REPORTING REQUIREMENTS.
   (A)   Pursuant to authority granted by I.C. 36-4-6-18, the Sewer Board will submit an annual itemized budget for review to the Common Council no later than July 15 of each calendar year. All operational and project expenses will be included in presented budget.
   (B)   Pursuant to authority granted by I.C. 36-4-6-18 the Sewer Board will prepare and present detailed plans and preparations to the Common Council for planned sewer project work to be initiated and completed inside the county 30 days before start up. All emergency projects and costs will be reported to the Council meeting immediately following the emergency. Contractor selection and finalized construction cost will be included in reports.
   (C)   Pursuant to I.C. 36-4-6-21 the Sewer Board will provide bi-annual documented progress reports to the Common Council regarding agreements with the Environmental Protection Agency (EPA) and all amended "consent" regulation. These reports will be presented to the Common Council on July 15 and December 15 respectively.
(Ord. G-06-39, passed 9-21-2006)
SANITARY SEWER CONNECTIONS
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