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Home My WebLink AboutD-2265-16 Stormwater Board Membershipto BPWSponsors: Councilor Carter Councilor Finkam Councilor Kimball ORDINANCE D-2265-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 6, ARTICLE 7, SECTION 6-210 OF THE CARMEL CITY CODE i WHEREAS, the City of Carmel, Indiana ("the City") established its Department of Storm Water Management (the "Department") under Ordinance D-2154-13, enacted on July 22, 2014 and codified under Carmel City Code Section 6-210; and WHEREAS, the Department provides for and manages the collection, treatment, drainage, and disposal of City storm and surface water; and WHEREAS, pursuant to Indiana Code Section 8-1.5-3-3(a)(2) and Ordinance D-2154- 13, the current membership for the Department's Board of Directors (the `Board") consists of the members of the Common Council of the City of Carmel, Indiana (the "Council"); and WHEREAS, Indiana Code Section 8-1.5-3-3(a)(1) provides that the Council.may, by ordinance, provide for the control of a city's storm water facilities by a board consisting of the members of the municipal works board; and WHEREAS, in the best interest of the City, the Council now desires to adopt an ordinance under the provisions of Indiana Code Section 8-1.5-3-3(a)(1) to establish the membership of the Board to consist of and be coextensive with the membership of the Carmel Board of Public Works and Safety. NOW, THEREFORE, BE IT ORDAINED by the Common Council of 'the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 6, Article 7, Section 6-210 is hereby amended to read as follows: "Sec. 6-210. Department of Storm Water Management. (a) Definitions. Board. The Board of Directors of the Department of Storm Water Management, the membership of which consists of and is coextensive with the members of the Board of Public Works and Safety of the City of Carmel, Indiana (`BPW"), pursuant to I.C. 8-1.5-3-3(a)(1); Council. The Common Council of the City of Carmel, Indiana; Department head. A person appointed by the Mayor of the City of Carmel pursuant to Indiana Code Section 36-4-972; This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 12:22 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. VAshared\2016 Ordinance Project\Ordinance D-2265-16.docx12/21/2015 5:31:58 PM Sponsors: Councilor Carter Councilor Finkam Councilor Kimball Effective date. The date upon which this Ordinance is passed and approved; Fiscal body. Defined for this Ordinance by Indiana Code Section 36-1-2-6 and specifically means the Common Council of the City of Carmel, Indiana; Legislative body. Defined for this Ordinance by Indiana Code Section 8-1.5- 1-7 and specifically means the Common Council of the City of Carmel, Indiana; Operations date. That date upon which the Department of Storm Water Management commences providing services to the City and is currently established as November 1, 2014, or upon such other date as the Board directs; Superintendent. A person appointed by the Board pursuant to Indiana Code Section 8-1.5-34(a)(3) whose powers and duties are described therein; (b) The provisions of Indiana Code 8-1.5-5, as the same may be amended from time to time, are hereby adopted by the Common Council of the City of Carmel, Indiana ("Council"), when referring to the legislative and fiscal body of the City) and are hereby effective and operative within the city; (c) Pursuant to Indiana Code 8-1.5-5, a Department of Storm Water Management ("Department"), consisting of a department head recommended by the Mayor and approved by the Board, one or more superintendents appointed by the Board, and designated staff, is hereby created for the purpose of providing for the collection, treatment, drainage, and disposal of storm surface water in the City. (d) Pursuant to Indiana Code 8-1.5-3-3(a) BPW shall act as the board of directors for the Department of Storm Water Management ("Board", when referring to controlling body of the Department of Storm Water Management) and is hereby directed to control the City's storm water facilities and shall have all of the, powers and responsibilities set forth in Indiana Code 8-1.5-3-4(a) and 8- 1,5-5-6, and as otherwise provided by law or in equity. (e) Pursuant to Indiana Code 8-1.5-3-3(a)(1), the membership of the Board shall be coextensive with. the membership of the BPW. Ordinance D-2265-16 Page Two of Five This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 12:22 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. VAshazed\2016 Ordinance Project\Ordinance D-2265-16.docxl2/21/2015 5:31:58 PM Sponsors: Councilor Carter Councilor Finkam Councilor Kimball (f) Pursuant to Indiana Code 8-1.5-5; there is hereby created a special . taxing district, known as the ``Carmel Storm Water District," which shall include all of the territory within the corporate boundaries of the City of Carmel, Indiana ("District"). (g) The City of Carmel Board of Public Works and Safety has conducted a storm water program and capital improvement budget study ("Study"), a copy of which is attached hereto and incorporated herein as Exhibit B, which Study recommends an initial monthly Storm Water User Fee of $4.95 for each residential property located in the .District based on an average impervious area which has been calculated by the Study to be 4,150 square feet per residential lot. (h) The BPW, acting with the assistance of the Department, shall annually: L Prepare, approve, and implement a budget; 2. Prepare, prioritize, and approve a list of capital projects for the purposes of controlling, mitigating, remediating, and/or otherwise managing storm water and issues related thereto to be systematically undertaken; 3. Develop and implement a "Credit Manual" consistent with the recommendations of the Study and any additional assistance from the Department deemed necessary or helpful that provides credits in the form of adjustments in Storm Water User Fees and/or related charges for landowners and property owners whose properties exhibit characteristics materially different from the calculated ERU value or who have undertaken. demonstrable and objective infrastructure improvements upon the landowners' property which reduce the area of impermeable surface, capture, retain, or detain storm water runoff or otherwise, in the objective determination of the Department as reflected in the Credit Manual, warrant an adjustment in Storm Water User Fees; 4. Manage the finances of the Department with an annual goal .that all administrative expenses and overhead not exceed 20% of the gross total of all Storm Water User Fees collected on an annual basis, thus ensuring that storm water funds are significantly dedicated to capital projects designed to improve storm water management; 5.- Approve any and all indebtedness proposed to be incurred by the Department. No debt may be incurred by the Department without the express authorization and approval of the Board as evidenced by special resolution or annual budget approval; Ordinance D-2265-16 Page Three of Five This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 12:22 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. VAshared\2016 Ordinance Project\Ordinance D-2265-16.docx12/21/2015 5:31:58 PM Sponsors: Councilor Carter Councilor Finkam Councilor Kimball 6. Determine reasonable and just rates and charges for services to utility patrons; 7.. Make monthly. reports to the City's fiscal officer of the Department's receipts and disbursement and an annual report of the condition of the Department, and; S. Take such other actions as are required or permitted by law. (i) The Clerk of the BPW shall function as the Clerk of the Board. Within twenty- four (24) hours of any appropriation made by the Board, the Clerk shall provide notice of said appropriation, in writin4400-Vael}}be fu e Council. If no written objection is made by a Council member to e ler wit In toy4(10) days after the date notice was sent, the appropriation shall be deemed valid. If however, after receiving said notice, any member of the Council objects in writing to the appropriation, the appropriation shall appear on the next Council agenda and shall be approved only if upheld by a majority vote of Council members present at the meeting. Section 3. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional. or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor, and such publication as is required by law. (Remainder of page intentionally left blank) Ordinance D-2265-16 Page Four of Five This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 12:22 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. VAshared\2016 Ordinance Project\Ordinance D-2265-16.docxl2/21/2015 5:31:58 PM Sponsors: Councilor Carter Councilor Finkam Councilor Kimball PASSED by the Common Council of the City of Carmel, Indiana, this �� day of GYM , 2016, by a vote of ayes and '(�D nays. COMMON COUNCIL FOR THE CITY OF CARMEL op Presiding Officer Laura D. Campbell . Christine S. Paulen, Clerk -Treasurer /�. , 1ilI Presented by me to the Mayor of the City o Carmel, Indiana this " I day of 2016, at 39 L M. j Christine S. Pauley, Clerk -Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this "I tV� day of 2016, at I .' K E-3 - ATTE i Christine S. Pauley;,Clerk-Treasurer Ordinance D-2265-16 Page Five of Five This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 12:22 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. 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