Resolution 2014-8

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        
John Clendenen
President

                                     
Tim Richards
Council Member

  Kevin Veatch             
Kevin Veatch
Council Member

  Paul Steffens            
Paul Steffens
Council Member

  Ted Garton               
Ted Garton
Council Member

      ATTEST: John Eastes                
John Eastes
Clerk-Treasurer