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HomeMy Public PortalAbout076-1990-STRICKEN- ORDINANCE TO ESTABLISH A DEPT OF STORM WATERORDINANCE NO. 76 - 1990 AN ORDINANCE TO ESTABLISH A DEPARTMENT OF STORM WATER MANAGEMENT WHEREAS, the City of Richmond is without centralized management and planning of storm water drainage, and WHEREAS, the City has no comprehensive plan for storm water drainage, and WHEREAS, the future growth and development of the City of Richmond depend on an efficient and coordinated storm water drainage system, and, WHEREAS, the Comprehensive Plan that was adopted on May 21, 1990 recommends the constitution of a storm -water management authority, NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: SECTION I. There is established a Department of Storm Water Management pursuant to the provisions of Indiana Code Section 8-1.5-5-1 et. seq. There is established a storm water district, which shall operate as a special taxing district. The District includes all territory within the corporate boundaries of the City of Richmond. The Department of Storm Water Management shall have jurisdiction and control over the storm water district. 61*"1(OWN I! The Department of Storm Water Management shall be controlled by a board of three (3) directors, who shall be appointed by the Mayor, not more than two (2) of whom may be of the same political party. Terms of the directors shall be three (3) years, and shall be staggered so that the term of one director expires every year. The terms of the directors shall commence on January 1, of the year in which the term begins. The Board shall utilize the services of the Richmond Sanitary district for operation and maintenance of the system, and the services of the Office of the City Engineer for technical assistance, To the extent these services are unavailable, the Board of directors may hire such employees as they deem necessary to carry out the functions of the department. SECTION III. The Department of Storm Water Management and its Board of Directors shall have all powers conferred upon it by Indiana Code Section 8-1.5-5-1 et. seq. The Board may assess and collect user fees from all of the property of the storm water district for the operation and maintenance of the storm water system, but only after holding hearings and filing public notice in accordance with Indiana Code Section 5-3-1. SECTION IV. Storm water systems currently under the jurisdiction and/or control of the Richmond Sanitary District and the Board of Public Works and Safety of the City of Richmond shall be placed under the control and jurisdiction of the Department of Storm Water Management. "Storm water systems" shall mean all ditches, channels, conduits, retention -detention systems, tiles, swales, sewers, and other natural or artificial means of managing storm water. The Department of Storm Water Management may acquire other storm water systems, but only in accordance with the provisions of Indiana Code Section 8-1.5-5-12 and other relevant provisions of the Indiana Code. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this day of ,1990. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana ,this day of . 1990. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this _ day of 1990. Mayor ATTEST: City Clerk INTER -OFFICE MEMO CITY OF RICHMOND SO NORTH FIFTH ST - RICHMOND, INDIANA. 47374 DATE: October 8, 1990 TO Mary Merchanthouse, City Clerk FROM: Bruce Metzger, City Attorney SUBJECT: Storm Water Management Ordinance COPY TO: File This ordinance forms a storm water district that operates as a special taxing district. The storm water district would be controlled by a board of three (3) directors, who would be appointed by the Mayor. No more than two (2) of the directors may be of the same political party. The storm water authority has the power to assess user fees and taxes, and may issue bonds. All storm water systems would be placed under the control of this board. As envisioned by the City staff, this new department would not hire any employees or create any additional expenditures upon the City budget in the beginning. The Sanitary District would manage the operation and maintenance of the system, and the Engineer's office would provide the technical advice and assistance to the Board. As the Board creates a comprehensive plan and performs improvements on the storm water system, a user fee system may be established to pay for the improvements and to hire employees, funded through the user fees, if that should become necessary. In any instance, the storm water management district would be a self-supporting entity. jbs