HomeMy WebLinkAboutAdopting the Provisions of the Indiana Code Addressing the Establishment of a Department of Storm Water Management ORDINANCE No. 7966-89
Passed by the Common Council of the City of South Bend,Indiana_
February 27, �9 89
Attest: f- -Q-w-e lr
City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 28, 89
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4u, < City Clerk
IRENE K. GAMMON
Approved and signed by me March 2 ig 89
Mayor
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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.
(c) The provisions of the Indiana Code Sections 8-1. 5-
5-1 through 8-1.5-5-26 addressing "Department of Storm Water
Management" are adopted.
(d) A special taxing district consisting of all of the
territory included within the corporate boundaries of the
City of South Bend is established. This district is
established for the purpose of providing for the collection
and disposal of storm water in a manner that protects the
public health and welfare and for the purpose of levying
special benefit taxes for the purposes of storm water
collection and disposal.
SECTION II. This ordinance shall be in full force and
effect from and after its passage by the Common Counicl and
approval by the Mayor.
Member of the Common Council
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/l` `� Joseph E. Kernan, Mayor
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South Bend Common Council
John Voorde Ann Puzzello Thomas Zakrzewski
President Vice-President Chairman, Committee of
the Whole
January 18, 1989
Members of the Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Dear Council Members:
The attached Bill would establish a Department of Storm
Water Management for the City of South Bend. A State law
passed in 1987 authorizes the establishment of such a
department.
Although I do not like creating new departments or boards
which have bonding authority, I believe that the collection
and disposal of storm water will be one of the major
challenges facing not only our city but many other
communities throughout the next decade.
I plan to recommend that this Bill be sent to the proper
committee of the Council so that the Council, the City
Administration, and the public may have ample opportunities
to review this proposed legislation.
I look forward to discussing this Bill with you. Thank you.
Since ly,
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Linas Slavinskas
LS: srk
Attachment
County-City Building • South Bend. Indiana 46601 • 219/284-9321
Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas
First District Second District Third District Fourth District Fifth District
Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand
Sixth District At Large At Large At Large Council Attorney
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Your Committee of the Whole
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to whom was referred
BILL NO.
7-89 A BILL ADOPTING THE PROVISIONS OF THE INDIANA CODE
ADDRESSING THE ESTABLISHMENT OF A DEPARTMENT OF STORM WATER
MANAGEMENT.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Steve Luecke
Chairman