CHAPTER 50: GENERAL PROVISIONS
Section
General Provisions
   50.01   Town Engineer to set standards for utility permits
   50.02   Wellhead protection
Utility Rate Advisory Board
   50.20   Utility Rate Advisory Board established
   50.21   Advisory Board membership
   50.22   Officers and meetings
   50.23   Powers of the Advisory Board
   50.24   Investigations
   50.25   No compensation for Board
   50.26   Removal of Board members
Cross-reference:
   Garbage, trash, and junk, see Ch. 97
   Yard waste regulations, see Ch. 93
GENERAL PROVISIONS
§ 50.01 TOWN ENGINEER TO SET STANDARDS FOR UTILITY PERMITS.
   It shall become the responsibility of the Town Engineer to set standards and to establish and administer a system of utility permits which will assure the following:
   (A)   Each utility performing work within the limits of the town’s jurisdiction shall be monetarily and legally responsible for any damages which it or its contractors may cause to public improvements;
   (B)   To improve and clarify legal and financial responsibilities of the utilities, the Town Engineer shall institute a permit program, utilizing a system of “performance” bonds, which bonds are assigned directly to the town and which may be invoked by the town if the conditions of the permits are not fulfilled;
   (C)   The system of fees required for the permits shall be large enough to reimburse the town for its expenses in administering the program, such that the program will not constitute a burden upon the taxpayers of the town; and
   (D)   The town shall, at the recommendation of the Town Engineer and as duly approved by the Town Council, establish certain standards for repair or replacement of public facilities; the standards being at least as stringent as those currently required of developers of residential subdivisions within the limits of the town’s jurisdiction.
(1992 Code, § 7-126) (Res. 11-27-84-1, passed 11-27-1984)
§ 50.02 WELLHEAD PROTECTION.
   (A)   The town adopts the St. Joseph County Health Department Wellhead Protection Ordinance, Ord. 103-98, and requests the St. Joseph County Health Department to administer the Wellhead Protection Program for the benefit of the community public water system utilized by the town.
   (B)   The community public water system (CPWS) identified as New Carlisle municipal water utility shall designate and delineate the wellhead protection area (WHPA) in accordance with criteria established in 327 I.A.C. 8-4-1-5, all as set forth under Ord. 103-98, St. Joseph County Code subchapter entitled “Wellhead Protection.”
   (C)   Property owners not exempt under Ord. 103-98, utilities or local units of government with multiple facilities on several properties shall apply for and obtain a wellhead protection area permit issued by the St. Joseph County Health Department in accordance with the terms and provisions of the wellhead protection area permit holders, as described in Ord. 103-98, and shall comply with the requirements applicable to all wellhead protection area permit holders, as described in Ord. 103-98.
   (D)   Upon its passage and approval as required by law, this section shall be in full force and effect on April 23, 2002, and thereafter.
(Ord. 1094, passed 4-23-2002)
UTILITY RATE ADVISORY BOARD
§ 50.20 UTILITY RATE ADVISORY BOARD ESTABLISHED.
   There is created an advisory board to be known as the “Utility Rate Advisory Board.”
(1992 Code, § 9-68.4) (Ord. 715, § 6, passed 9-22-1988)
§ 50.21 ADVISORY BOARD MEMBERSHIP.
   (A)   The Advisory Board shall consist of 5 members to be appointed by the Town Council. Members shall meet at least quarterly and as directed by the Town Council. All members shall be utility users of the town’s utilities.
   (B)   Members shall serve for 4-year terms each; provided, that of the individuals first selected to serve, 2 members will serve an initial term of 1 year, 2 members will serve an initial term of 2 years, 1 member will serve an initial term of 4 years. Any vacancy occurring shall be filled for the remainder of the term of the Town Council. The terms will run from January 1, 1989.
(1992 Code, § 9-68.5) (Ord. 715, § 7, passed 9-22-1988)
§ 50.22 OFFICERS AND MEETINGS.
   The Advisory Board shall select 1 of its members as Chair and 1 of its members as Secretary. The Board shall meet upon the call of the Chair or upon the call of any 3 of its members. Meetings shall be open to the public, and notice of all meetings shall be given in strict compliance with the Indiana Open Door Law, I.C. 5-14-1.5-1 et seq.
(1992 Code, § 9-68.6) (Ord. 715, § 8, passed 9-22-1988)
§ 50.23 POWERS OF THE ADVISORY BOARD.
   The Board shall have the responsibility of investigating, gathering information, deliberating, and advising the Town Council with regard to any future proposed changes to the general rates and charges for the use of and services rendered by the municipally owned electric and water utilities, and with regard to any future proposed capital improvements, the costs of which would be required to be financed by the issuance of debt instrument by the town. The Board’s capacity shall be advisory only, and the Town Council shall not be bound by any recommendations or advice received from the Board. The Board shall not be required to investigate, deliberate, or advise the Town Council in regard to any rate increases or decreases in the cost of electricity, or water from the town’s wholesale suppliers.
(1992 Code, § 9-68.7) (Ord. 715, § 9, passed 9-22-1988)
§ 50.24 INVESTIGATIONS.
   The Board shall, in its investigation, deliberation and advice, strive to advise the Town Council on rates and charges for use of and services rendered by the municipally owned electric and water utilities, which are nondiscriminatory, reasonable, and just, and which will produce sufficient revenue to maintain the utility property in a sound physical and financial condition to render adequate and efficient service, all in accordance with the standards as set out in I.C. 8-1.5-3-8. The Board shall have access to all books, records, financial statements, accounting reports, operating reports, and other documents which are relevant to their investigation, deliberation, and advice as to rates and charges meeting the foregoing standards.
(1992 Code, § 9-68.8) (Ord. 715, § 10, passed 9-22-1988)
§ 50.25 NO COMPENSATION FOR BOARD.
   Members of the Utility Rate Advisory Board shall receive no compensation for their services and shall receive no compensation for their time expended nor for time lost from work.
(1992 Code, § 9-68.9) (Ord. 715, § 11, passed 9-22-1988)
§ 50.26 REMOVAL OF BOARD MEMBERS.
   The members of the Board may be removed at any time by the Town Council for cause, with the approval of the majority of the Town Council.
(1992 Code, § 9-68.10) (Ord. 715, § 12, passed 9-22-1988)