(A) I.C. 8-1.5-5-1 et seq. authorizing ways and means for municipalities to effectively address storm water management is hereby adopted as the law of the town.
(B) A Department of Storm Water Management is hereby established.
(C) The Department of Storm Water Management shall be controlled by a Board of Directors, consisting of three Directors, each of whom shall be appointed by the Town Executive, and not more than two of whom may be of the same political party. Not more than two of the Directors may be appointed from among the Town Manager, Superintendent of the Wastewater Treatment Plant and duly elected member of the Town Council. The initial terms of the first Directors appointed shall be one year, two years and three years, as fixed by the Town Executive. The term of each appointee commences on the first day of the calendar month following the appointment. All subsequent appointments shall be for a term of three years subject to earlier removal of a Director from office by the Town Executive when, in the judgment of the Executive, such removal is for the best interest of the Department.
(D) (1) The Board of Directors has general supervisory powers over the Department of Storm Water Management and the specific powers prescribed (for a municipally-owned utility board) by I.C. 8-1.5-3-4(a).
(2) In addition to the foregoing, the Board may: hold hearings following public notice; make findings and determinations; install, maintain and operate a storm water collection and disposal system; make all necessary or desirable improvements of the grounds and premises under its control; and issue and sell bonds of the district in the name of the municipality for the acquisition, construction, alteration, addition or extension of the storm water collection and disposal system or for the refunding of any bonds issued by the Board.
(3) The Board has exclusive jurisdiction over the collection and disposal of storm water within the district.
(E) The Superintendent of the Wastewater Treatment Plant shall act as Superintendent of the Storm Water Management Department, and shall have and possess the powers and duties, prescribed by I.C. 8-1.5-3-5(a), as well as the powers specifically set forth in I.C. 8-1.5-5-6; provided, however, compensation of the Superintendent shall be fixed by the Town Council.
(F) There is hereby created a special taxing district for the purpose of providing for the collection and disposal of storm water to the district which includes all territory within the corporate boundaries of the town.
(G) The Fiscal Officer for the Department of Storm Water Management shall be the Clerk-Treasurer of the town, who shall receive and disburse all funds of the Department. The Clerk-Treasurer shall be custodian of all department records and shall designate a Deputy Clerk to act as Secretary for the Board.
(H) The Board may not issue any bonds authorized by I.C. 8-1.5-5 until it has secured the approval for the issuance of the bonds from the Town Council.
(I) All other provisions of I.C. Title 8, Art. 1.5, Ch. 5, not inconsistent with the specific provisions of this section are adopted and incorporated herein by reference.
(Prior Code, Title I, Ch. I, Art. XVII) (Ord. passed 10-7-1992)