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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.