RESOLUTION TO REQUEST THAT THE LEO-CEDARVILLE REGIONAL SEWER DISTRICT (THE “SEWER DISTRICT”) SEEK AN ORDER FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THT WOULD DISSOLVE THE SEWER DISTRICT AND DISTRIBUT THE ASSETS OF THE SEWER DISTRICT TO THE TOWN OF LEO-CEDARVILLE
WHEREAS: Sewer services are crucial to the economic development of the Town of Leo-Cedarville (the “Town”), and
WHEREAS: The Sewer District has no current comprehensive plan that provides for the future economic development of the Town, and
WHEREAS: There has been a ten year or more moratorium on new sewer main extensions and new development, and
WHEREAS: At the time the Sewer District was formed, the Town had not been incorporated, and
WHEREAS: The Sewer District Board is appointed by the City of Fort Wayne, the Allen County Commissioners, the Allen County Council, and the Cedar Creek Trustee, and
WHEREAS: Eighty percent of the Sewer District’s rate payers reside within the corporate boundaries of the Town, and
WHEREAS: The Town’s 1997 and 2014 adopted comprehensive plans along with an independent utility study suggested by the 2014 comprehensive plan recommends the acquisition of the Sewer District, and
WHEREAS: Indiana Code 13-26-6-4 allows the Indiana Department of Environmental Management (“IDEM”) to, under certain circumstances, dissolve a sewer district and direct the distribution of the district’s assets, after the payment of liabilities.
NOW THEREFORE BE IT RESOLVED: The Town of Leo-Cedarville requests the Leo-Cedarville Regional Sewer District to petition IDEM to issue an order dissolving the Sewer District and distributing the assets of the Sewer District to the Town after all liabilities of the Sewer District are paid.
Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana, on this 23rd day of September , 2014.
| John Clendenen
| Paul Steffens