ORDINANCE   2004-06   OF THE TOWN COUNCIL OF
LEO-CEDARVILLE, INDIANA

AN ORDINANCE OF THE TOWN OF LEO-CEDARVILLE, INDIANA ADOPTING THE PROVISIONS OF INDIANA CODE 8-1.5-5, ESTABLISHING A DEPARTMENT OF STORM WATER MANAGEMENT

WHEREAS, I.C. 8-1.5-5-1 et. seq. allows municipalities to create a Department of Storm Water Management by adopting the provisions of that chapter; and

WHEREAS, The Town of Leo-Cedarville has considered the advantages and disadvantages of establishing such a Department and desires to create a Department of Storm Water Management.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leo-Cedarville, Indiana:

1.       Adoption of State Law.

Indiana Code Title 8, Article 1.5, Chapter 5 is hereby adopted by the Town Council for the Town of Leo-Cedarville town so as to make that Chapter and all amendments thereto effective and operative as to the Town of Leo-Cedarville.

2.       Special taxing district created; boundaries.

(a)      Pursuant to IC 8-1.5-5-5, there is hereby created a special taxing district which shall include all of the territory within the corporate boundaries of the Town.

(b)      All area in the special taxing district and all area added to the district shall be considered to have received a special benefit from the storm water collection and disposal facilities of the district equal to or greater than the special taxes imposed on the area in order to pay all or part of the costs for such facilities.

State law references: Special taxing district, IC 8-1.5-5-5.

3.       Establishment of Department of Storm Water Management.

A Department of Storm Water Management is hereby established for the Town of Leo-Cedarville, Indiana for the purposes of providing for the collection and disposal of storm water of the special taxing district created above in a manner that protects the public health and welfare and for the purpose of levying special benefit taxes for purposes of storm water collection and disposal.

4.       Board of Directors

(a)      The Department of Storm Water Management shall be controlled by a Board of Directors consisting of three (3) Directors.

(b)      The terms of the Directors shall be staggered so that one of the Directors first appointed shall serve an initial term of one (1) year; one of the Directors shall serve an initial term of two (2) years; and one of the Directors shall serve an initial term of three (3) years. Thereafter all Directors shall serve a term of three (3) years. All directors shall be appointed by the President of the Town Council.

(c)      The President of the Town Council may remove a Director at any time when in the judgment of the President of the Town Council it is in the best interest of the Department.

(d)      The Board of Directors shall have exclusive jurisdiction over the collection and disposal of storm water within the special taxing district.

(e)      The Board of Directors shall have all of the powers provided under I.C. 8-1.5-5-6, which include, but are not limited to, the following:

(i) Hold hearing following public notice;
(ii) Make findings and determinations;
(iii) Install, maintain, and operate a storm water collection and disposal system;
(iv) Make all necessary or desirable improvements of the grounds and premises under its control; and
(v) Issue and sell bonds of the district in the name of the Town 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.

5.       Financing of Facilities

The acquisition, construction, installation, operation, and maintenance of facilities and land for storm water systems may be financed through:

(i) proceeds of special taxing district bonds of the storm water district;
(ii) the assumption of liability incurred to construct the storm water system being acquired;
(iii) service rates;
(iv) revenue bonds; or
(v) other available funds.

6.       User Fees

The Board may assess and collect user fees, after approval by the Leo-Cedarville Town Council from all property of the storm water district for the operation and maintenance of the storm water system. The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semiannual property tax assessment of the affected property owner.

7.       Fixing and Setting Aside Revenues

(a)      The Board may fix and set aside revenue as follows:

(i) As necessary for the reasonable and proper operation and maintenance of the department;
(ii) for a proper and adequate depreciation account; and
(iii) to be applied to the paymont of the principal and interest of authorized bonds.

(b)      If a surplus is accumulated in the operating and maintenance account, the Board may transfer any excess funds to (1) the depreciation account to be used for improvement, extensions, or additions to the storm water system, or (2) to a bond and interest redemption account.

(c)      In all other matters, the Board shall comply with the provisions of I.C. 8-1.55 when managing the revenue of the department.

8.       This ordinance shall become effective upon its passage and upon its execution by the Town Executive (i.e. Town Council President) as attested by the Clerk-Treasurer.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this
  3rd   day of   August  , 2004.

 

  Cindy J. Kimm      
Cindy Kimm
Council member

  Matthew A. Akins  
Matthew Akins
Council Member

  Paul Steffens        
Paul Steffens
Council Member

  Jan Linn              
Jan Linn
Council President

  John Clendenen  
John Clendenen
Council Member

 

 

 

Attestation of Clerk-Treasurer

I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  August 3, 2004   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   August 3, 2004  .

 

  Pam Spannuth    
Pamela Spannuth
Clerk-Treasurer

 

Editor’s Note:   Given the adoption of Ord. 2008-04, 6-17-2008, which incorporates the Allen County Stormwater Management Ordinance, fee schedule, and Technical Standards Manual, it is unclear whether this ordinance is still in force.