(A) The Board shall have the authority and responsibility to operate and maintain the City Ditch Stormwater System to the extent permitted by I.C. 36-9-23. Such authority shall include, but not be limited to, planning, designing, financing, purchasing, constructing, maintaining, repairing, inspecting and managing now existing and hereafter purchased or constructed stormwater facilities. The Board shall annually prepare a budget for expenditures to be made for the City Ditch Stormwater System. The City Common Council shall consider that budget when its adopts or amends a stormwater service fee ordinance.
(B) The Board shall, whenever practical, use the Sewer Department personnel, equipment and facilities to operate and maintain the City Ditch Stormwater System. Those costs of the Sewer Department attributable to the operation and maintenance of the City Ditch Stormwater System shall be paid from stormwater service fees collected pursuant to this subchapter (described in § 51.093). The Board shall approve all requests for reimbursement of any costs incurred by the Sewer Department attributable to the City Ditch Stormwater System.
(C) Subject to the specific limitations of this subchapter, and of state law, the Board has the power to establish rules and regulations for use of public stormwater facilities, the collection of stormwater service charges and any other matters pertaining to the interpretation and enforcement of this subchapter.
(D) A new commission is hereby created and named the City Ditch Stormwater Service Commission. This commission shall be responsible for advising the Board on matters pertaining to the operation and maintenance of the City Ditch Stormwater System. This commission shall consist of six members who are landowners served by the City Ditch Stormwater System. Of the six, three shall be owners of land in the City appointed by the Mayor; with at least one to represent residential landowners and at least one to represent commercial, industrial or institutional landowners. The other three shall be owners of land outside the City appointed by the County Commissioners; two to represent owners of lands being used for agricultural purposes and one representing owners of land being primarily used for residential or other non-agricultural purposes. The term of all appointees is one calendar year. Commission meetings shall be scheduled by the Board.
(Ord. 9-95, passed 4-25-95)