(A) The provisions of I.C. 8-1.5-5 are hereby adopted in their entirety and incorporated as part of this code of ordinances as fully as if set out at length herein, and the following entities established:
(1) Department of Stormwater Management within the Town Utilities;
(2) Board of Directors of the Department of Stormwater Management shall consist of three directors appointed by the Town Council President, pursuant to I.C. 8-1.5-5-4(c). Directors shall serve terms of four years, however, the initial term shall be staggered pursuant to I.C. 8-1.55-4(d); and
(3) (a) A Stormwater Management District, extending to the corporate boundaries of the town, is hereby established for the purpose of providing for the collection and disposal of stormwater of the town in a manner which protects the public health and welfare, and for the purpose of levying special benefit taxes to pay for the cost of stormwater facilities and services.
(b) As the corporate boundaries of the town change, whether through annexation or otherwise, so shall the boundaries of the Stormwater Management District change.
(B) The Board of Directors of the Department of Stormwater Management shall have exclusive jurisdiction over the collection and disposal of stormwater within the District, and shall possess all the powers and duties set forth in I.C. 8-1.5-3-4 and 8-1.5-5-6 including, but not limited to, the power to:
(1) Establish and enforce the rules and regulations governing the Department of Stormwater Management;
(2) Hold hearings following public notice;
(3) Make findings and determinations;
(4) Install, maintain, and operate a stormwater collection and disposal system; and
(5) Make all necessary or desirable improvements of the grounds and premises under its control.
(C) (1) A stormwater user fee is hereby adopted and established as follows:
(a) The monthly stormwater user fee for all single-family residential properties located in the Stormwater Management District shall be $5.01; and
(b) The monthly stormwater user fee for all multi-unit residential properties and nonresidential properties located in the Stormwater Management District shall be $10.02.
(2) The Board of Directors of the Department of Stormwater Management shall revisit the rate structure used to determined the stormwater user fees every five years and may adjust it accordingly to meet the needs of the Department of Stormwater Management.
(3) The Department of Stormwater Management shall be responsible for calculating and assessing all monthly stormwater user fees, for establishing billing and collection procedures for the same in accordance with I.C. 8-1.5-5, and for taking all other lawful actions, including, but not limited to, those set forth in Ordinance 95-3, as are necessary or convenient in order to implement the Stormwater Management District's user fee system.
(4) If the monthly stormwater user fee is not paid by its due date, as stated on the fee invoice provided by the Department of Stormwater Management, the Board of Directors of the Department of Stormwater Management shall proceed to collect the unpaid fees and/or place a lien on the affected property in accordance with I.C. 8-1.5-5-29 and 8-1.5-5-30.
(Ord. 95-3, passed 9-18-1995; Ord. 2019-12, passed 11-18-2019; Res. 2019-1, passed 12-2-2019)