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