(A) Establishment. The Department of Stormwater Management, a department of the town, is hereby established (the "department"). The department shall be headed by the Town Manager. The Town Manager, together with staff, will be responsible for the day-to-day operations of the department.
(B) Applicable state law. The Department of Stormwater Management shall be subject to IC 8-1.5-5, as amended and in effect from time to time.
(C) Board of Stormwater Management. The department, through the Town Manager, shall report directly to the Board of Stormwater Management.
(D) Town Council. The Town Council shall fulfill the obligations of the department as identified in IC 8-1.5-5. The Town Council shall perform all necessary administrative, employee relations and fiscal policy-making oversight of the department.
(E) Special taxing district. The Department of Stormwater Management is a special taxing district as defined by IC 8-1.5-5-5. The policies of the Board and Town Council shall determine the combination of taxes, user fees, and other revenue sources of the department.
(F) General powers of the department. The department shall have departmental jurisdiction over stormwater within the town and shall possess the following general powers:
(1) Install, maintain and operate the stormwater system of the town.
(2) Make all necessary or desirable improvements to the stormwater collection and conveyance system of the town (including all appropriate actions taken with respect to sewer separation), and, when determined to be in the best interests of the town, to acquire or otherwise assume jurisdiction over any other improvements or facilities relating to the control of stormwater currently owned or under the jurisdiction of other parties.
(3) Establish and enforce the rules, regulations, policies and procedures promulgated by the department.
(4) Hold hearings after proper public notice and make findings and determinations to carry out the policies and procedures of the department with respect to the use of the stormwater system by the users thereof and the proper rates and charges imposed on such users.
(5) Recommend to the town reasonable and just user fees for services to the users of the stormwater collection and conveyance system of the town.
(6) Track revenues and expenses of the Department of Stormwater Management separately using departmental policies, operational procedures and cost accounting methods to adequately determine the equitable allocation of funds to serve the department's and town's needs.
(7) After approval of the Town Council, levy a special benefit tax upon all the property of the stormwater district to pay for the bonds issued and the interest on the bonds, in accordance with IC 8-1.5-5-22.
(8) Issue and sell bonds of the district in the name of the unit served by the department for the acquisition, construction, alteration, addition, or extension of the stormwater collection and disposal system or for the refunding of any bonds issued by the Board.
(Ord. 2021-01, passed 2- -21)