HomeMy WebLinkAboutS-7 Establish Sanitory BoardORDinANCE $-7
AN ORDINANCE ESTABLISHING AND CREATING A SANITARY BOARD
WHICH SHALL ASSUME SUPERVISION AND CONTROL OVER THE
SEWAGE SYSTEM AND FACILITIES OF THE TOWN OF CARMEL,
INDIANA WITH POWER TO ENLARGE, EXTEND AND ADD TO SUCH
SEWAGE SYSTEM AND FACILITY, ENUMERATING POWERS OF SUCH
SANITARY BOARD, FIXING TERMS OF OFFICE, AUTHORIZING
SAEARY FOR BOARD MEMBERS, DIRECTING TERRITORY AND AREA
IN WHICH SANITARY BOARD IS EMPOWERED TO EXPAND AND OPERATE
SAID SEWAGE FACILITY AND OTHER MATTERS CONNECTED THEREWITH
AND FIXING TIME WHEN ORDINANCE SHALL TAKE EFFECT.
WHEREAS, the Town of Carmel, Indiana now operates, supervises,
maintains and administers sewage treatment facilities including a sewage
treatment plant located in the Town of Carmel, Indiana together with
intercepting sewers, main sewers, submain sewers, outfall sewers, force
mains, lift and pumping stations and many other appurtenances necessary,
useful and convenient for the collection, treatment and purification as
well as the disposal of liquid and solid waste, sewage and industrial
waste; and
WHEREAS,
gift, grant,
the Town of Carmel, Indiana now has authority to acquire by
purchase, condemnation all necessary lands, rights of way
and property for the proper maintenance, expansion and operation of said
sewage system, both inside and outside the Town of Carmel, Indiana with
jurisdiction for ten (10) miles outside the corporate limits of said
Town of Carmel, Indiana, and
WHEREAS, it has become apparent to the Board of Trustees of the Town
of Carmel, Indiana that it has become necessary for the public health,
safety and general welfare that said sewage treatment facility as now
operational and existing be improved, enlarged, extended and added to so
as to provide sewage treatment services and facilities throughout Clay
Township, Hamilton County, Indiana due to the rapid growth throughout
tional area of which is all of Clay Township, Hamilton County, Indiana,
and
WHEREAS, it is to the best interests of the citizens of said Clay
Township, Hamilton County, Indiana, including the Town of Carmel, Ind.
that said sewage facility be operated and maintained by the Town of
Carmel, Indiana by and through a Sanitary Board, consisting of the
President of the Board of Trustees of the Town of Carmel, Indiana, a
registered professional engineer and a third member to be appointed by
the Board of Trustees of said Town of Carmel, Indiana all as provided
by law, and
WHEREAS, it is to the best interests of the citizens of the Town
of Carmel, Indiana and Clay Township that there ultimately be created
and established a uniform, coordinated and single sewage system in Clay
Township, Indiana because of it's unity of growth, cohesiveness in
interest and general solidarity in economic growth and interest and that
if such facility is operated, supervised and maintained under the
direction of a Sanitary Board established and existing by virtue of
the Board of Trustees of the Town of Carmel, Ihdiana the citizens of
said Clay Township will eventually acquire a single sewage system which
operates not-for-profit under the guidance and assistance of elected
officials who live in Clay Township, Indiana, and
WHEREAS, the Board of Trustees of the Town of Carmel, Indiana has
received the unanimous endorsement and support for such plan from the
zoning and planning authorities for Clay Township, Indiana, the Township
Trustee for Clay Township and his advisory board, representatives of
the Metropolitan School Board for Clay Township, the County Surveyor and
other interested citizens in the township,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF CARMEL, INDIANA:
Sec. 1, p.672; 1961, ch. 127, Sec. 1, p. 274 and all acts amendatory
thereof or supplemental thereto.
(2) Said Sanitary Board shall be composed of the President of the
Board of Trustees of the Town of Carmel, Indiana and two (2) other
persons to be appointed by the Board of Trustees of the Town of Carmel,
Indiana, one of whom shall be a registered professional engineer and
no officer or employee of the Town of Carmel shall be eligible to
appointment to said Sanitary Board.
(3) The appointees to said Sanitary Board shall initially be appointed
for terms of two (2) years for the registered professional engineer and
three (3) years for the term of the other appointee and upon expiration
of both such initial terms and for each succeeding term thereafter all
appointments shall be made in a like manner but for terms of three (3)
yea-rs for each appointee.
(4) The Sanitary Board for the Town of Carmel, Indiana shall have
power to establish by-laws, rules and regulations for it's own government
and such Sanitary Board, in respect to all matters of custody, operation,
~administration and maintenance of such sewage facility and appurtenances
shall have all the powers and perform all the duties provided for under
the laws of the State of Indiana for such Sanitary Boards with the sole
exception that tke Town of Carmel, Indiana, by and through it's Board
of Trustees, shall receive and disburse all funds of every kind or nature
and the same shall be handled and accounted for by theClerk-Treasurer for
the Town of Carmel, Indiana in the same manner as here and now handled,
including claims of every kind against the sewage funds, including but
not limited to sinking funds, depreciation funds and maintenance funds,
in order that the users and customers of said sewage system may continue
payments in the same manner as they have in the past and can see all
Town of Carmel, Indiana.
(5) Said Sanitary Board shall have the further power to apply for
and receive Federal Fund assistance, State Fund assistance and otherwise
finance the extension, addition and enlargement of said sewage treatment
facility and appurtenances, subject to the assent and approval of the
Board of Trustees of the Town of Carmel, Indiana as provided in Burns
Annot. Stat. sec. 48-4303.
(6) The Board of Trustees of the Town of Carmel, Indiana also
reserves the right to designate the depository for all funds, bonds,
proceeds from sale of bonds, loans or grants received and shall further
retain the right to establish methods of disbursement of any and all
funds used in connection with the operation, construction, acquisition
or maintenance of said sewage system as safeguards and restrictions deemed
to be in the best interests of the people residing in Clay Township,
Indiana and who are or may be customers and users of the facility
hereinabove referred to.
(7) The salary for members of the Sanitary~Board shall be fixed and
established from time to time by the Board of Trustees of the Town of
Carmel, Indiana but such salary may not be in excess of Twenty Five
Dollars ($25.00) per month for each member, but such members shall be
entitled to reimbursement for reasonable expenses incurred in the per-
formance of their duties and during the term of office and unless express-
ly ordered, no bond shall be required from the members of the Sanitary
Board.
(8) Except as herein expressly provided otherwise~ the Sanitary Board
shall have complete authority to supervise and control the sewage facility
and appurtenances and shall have power to make all necessary construction,
reconstruction, repairs, renewals, enlargements, extensions or additions
(9) For all purposes mentioned and authorized by this ordinance,
the Sanitary Board for the Town of Carmel, Indiana shall have jurisdiction
to do any and all things herein provided and to otherwise act according
to their power and authority anywhere within the township limits of
Clay Township, Hamilton County, Indiana as the same is now established.
(1~) This ordinance and the powers, duties and authorities herein
created and established are deemed necessary for the public health,
safety and welfare and the same shall be 'liberally construed in order
to effectuate the purposes and intentions set forth herein.
(11) The powers, duties and authorities herein given to the Sanitary
Board for the Town of Carmel, Indiana shall be in addition to and not
in derogation of any power, right or authority existing on behalf of the
Town of Carmel, Indiana and all rights, powers, duties and authorities
vested and delegated herein by the Board of Trustees of the Town of
Carmel to the Sanitary Board are done pursuant to the Acts of the
General Assembly of Indiana, 1932 (Spec.Sess) ch. 61, sec. 1, p.209
and all Acts amendatory or supplemental thereto excepting as herein
otherwise expressly provided.
(12) The sections and provisions of this ordinance are separable
and if any of the sections or provisions, or parts thereof, are, for
any reason, declared unlawful, it is the express intention that the
remaining sections and provisions or parts of this ordinance shall
be and remain in full force and effect.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY FROM AND AFTER ITS
ADOPTION AND PASSAGE.