Adopting the Provisions of the Indiana Code Addressing the Establishment of a Department of Storm Water Management

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• • Bill No. c Ordinance No. 7q(06"8 7 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE PROVISIONS OF THE INDIANA CODE ADDRESSING THE ESTABLISHMENT OF A DEPARTMENT OF STORM WATER MANAGEMENT STATEMENT OF PURPOSE AND INTENT In 1987, the Indiana State Legislature passed Public Law 125 addressing the establishment of a "Department of Storm Water Management" . This State law which is located at Indiana Code Sections 8-1.5-5-1 through 8-1.5-5-26 applies to each municipality which specifically adopts the provisions of the State law by ordinance. If the legislative body of the municipality adopts the provisions of the State law by ordinance, a Department of Storm Water Management is established and is controlled by a Board of Directors. The Board consists of three Directors. The Mayor appoints all three Directors with not more than two being from the same political party. The legislative body is required to set the terms of the Directors. Directors may be removed by the Mayor at any time when in the judgment of the Mayor it is in the best interests of the department. The legislative body is required to create a "special taxing district" that initially includes all territory within the corporate boundaries of the municipality. " This taxing district is created for the purpose of "providing for the collection and disposal of storm water of the district 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. " (I.C. 8- 1. 5-5-5) The State law also addresses powers of the board, financing of facilities and user fees, the establishment of maintenance accounts, depreciation accounts, district bonds, and charges for services. It is believed that this Ordinance is in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article 4, of the Municipal Code of the City of South Bend, Indiana, is amended by the inclusion of new section 2-14 which shall read in its entirety as follows: Sec. 2-14 . Department of Storm Water Management (a) A Department of Storm Water Management is established and shall be controlled by a Board of Directors.