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HomeMy WebLinkAbout2013-OR-42ORDINANCE NO. 2013 -OR- 4 AN ORDINANCE AMENDING ORDINANCE NO. 2011 -OR -73, WHICH SAID ORDINANCE AMENDED ORDINANCES 97 -OR -73, 2007 -OR -1 AND 2008 -OR -16 CREATING AN ADVISORY DRAINAGE BOARD WHEREAS, the Common Council for the City of Jeffersonville, Clark County Indiana (hereinafter the "Council"), is City's statutory Fiscal and Legislative Bodies pursuant to Indiana Code; WHEREAS, the Council previously passed and adopted Ordinance No. 2011 -OR -73 (attached hereto as Exhibit "A"), said which said Ordinance amended Ordinances 97 -OR -73, 2007 -OR -1 and 2008--OR-16, which said Ordinances created and established the Drainage Board, and said Ordinances are incorporated herein by reference; WHEREAS, the Council finds that it is necessary to amend Ordinance 2011 -OR -76; NOW, THEREFORE, BE IT ORDAINED by the Common Council: 1. That in numbered Paragraph One (1) of Ordinance 2011 -OR -76, the words "Board of Public Works and Safety" are hereby deleted and shall be replaced with the words "Sanitary Sewer Board". 2. That a new sub -paragraph (e) is hereby added to numbered Paragraph One (1) of Ordinance 2011 -OR -76 and shall read as follows: "Recommending to the Sanitary Sewer Board the approval of contracts concerning drainage matters". 3. That in numbered Paragraph Eight (8) of Ordinance 2011 -OR -76, the words "Board of Public Works and Safety" are hereby deleted and shall be replaced with the words "Sanitary Sewer Board". 4. That a new numbered Paragraph (9) is hereby added to Ordinance 2011 -OR -76 and shall read as follows: "The City Engineer shall supervise and oversee any city employees utilized for drainage matters". That all other terms and provisions of Ordinance 2011 -OR -76 that are not amended by this Ordinance shall remain in full force and effect and that any past actions, approvals, contracts, or any other matters taken by the Drainage Board prior to this Ordinance shall not be affected and shall not be invalidated in any manner. This Ordinance shall be in lull force and effect beginning from and after its passage and approval. 1 Voted For: Voted Against: APPROVED AND ORDAINED by the Co^� mon Council of the City of Jeffersonville, Clark County, Indiana, upon this /l� day of November—, 2013. / 1 Connie Sellers, President Jeffersonville Common Council ATTEST: Act(A9 Vicki Conlin, Clerk City of Jeffersonville PRESENTED by me to the Mayor of the City of Jeffersonville Clark County, Indiana upon this /' day of JIir ..Q lei,,, 2013. Ada. Vicki Conlin, Clerk City of Jeffersonville SIGNED and APPROVED by me upon this '1 ! day of 2013. 2 Mike Mo•r ayor Exhb- r Ordinance 2011 -OR- j4f' AN ORDINANCE AMENDING 07-0R-73, 2007-0R-1 AND ZOOS -0R46 CREATING AN ADVISORY DRAINAGE BOARD WHEREAS, the City of Jeffersonville, through its Sewer Board, operates a wastewater sewage utility known as the Jefkrsonvilk Sewage Utity; WHEREAS, the Common Council of the City ofietkrsonville (hereinafter 'the Comer), in 1997, by and through Orditianoe 97-0R-73 created. and Advisory Drainage Board. WHEREAS, over the years the Council has amended different sections ottaid ordinance nectssalY; WHEREAS, th pice n approach bas fragmented tbe applieihk sections as to the creation, duty and authority of the Advisor), Drainage Board and should be combined into a singled comprehensive ordinance; WHEREAS, the body of Advisory Manage Board has been made up of in pan, sewn (7) mewl= who were appointed indivld,‘ailly by each oldie seven (7) members of the Common Cowell °fete City of Jet:mom/ilia; WHEREAS, on January 1,20.12 the Cly of Jeffersonville becomes a rd class City in the State enflame' and will have nine (9) Council Members representing its citizens; WHEREAS, the Council befieves that every member of its body siould have repiesemtation an the Advisory Drainage Board and should be expanded n accordance with the Council's evansion; WHEREAS, the Council heves that such a group should include representatives 0 each of the six geographic Council districts ill the City as well as the represent*** from the &lige ares over which the Jeffersonville Plan Commission and Board of Zoning Appeals exercise zoning powers. NOW LET IT BE ORDAINED BY THE COMMON COUNCIL THAT; 1) The Coimeil hereby creates the Jeffersonville Drainage Board to advise and assist the Jeffersonville Board of Public Works and Safety for the following; a.) Overseeing and fecilitating implementation of drainage plans and/or systems attic city. b.) Periodically reviewing and updating any such plans andicr systems. c.) Seeking limds to finance the implanentation„ creation„ rnaintintance or the like of any Online Cow From City0tdet.nel City C er such plans aniVor systems. d.) Advising other City boards, officers, andlor conoirissions concerning drainage trotters. 2) The Jeffersonville Drainage Board shall be comped of the nine (9) citi7en members appointed by the Common Council of the Chy ofJetTersonville pursuant to this ordinarce as adopted. 3) a.) The Council Members for Districts Onc, Three, Five and six shall appoint one men' the Jefibrsonville Drainage Board. The initial app shall take place on January 9, 2012 and each imit1appointee shall serve until the second Monday ill 't 2013. At the expiration oldie January, 2013 term each Conei Member flr Mtrict One, Three, Five and Six shall appoint one (1) member for the terra of two (2) years Their appointments shall continue to be for two (2) year terms thereafter. b. The Council Members for Districts Two, Four and the Tine (3) Council Manbers At -Large shall appoint one (1) nimbi:r each and mid members shall sem for two (2) years with *ex first term beg:Mali' is January 9, 2012 and ending on the second Monday in January. 2014. Each subsequent Apr•oinuness, made pursuant to this subsection, shell be for two (2) year terms thereafter. c) All Board members serve•;at the pleasure of the Council member that appointed said =tuber. 4) The terms of the nine (9) appointments stall expire on the second Monday ofJanuary at the end of the their trm. 5) At its first regular meeting in each year, the Drainage Board shall elect from its members a President, Vice -President and Secretary. The Vioe-President shall have the authority to a as President of tbc D 'rainage Bawd during the abstract or disability of the President. 6) A majority of the entire membership of the Drainage Board shall constitute a quorum, but To action ofthc Drainage Board is official unkiss authoti2ed by a majorkyof the entire tnemberthip of the Drainage Board at a regular or properly enlivened spm meeting. 7) The Drainage Board shall fix the time for holding. regubr meetings, at' lesst monthly, Special meetings of the Drairsigc Board may be called by its Presitkin or by two of its members upon written request to the Secretary, The Secretary shall :lend to all the int -tubers, at least three days in advance of the special ineetittg, written notiee fixing the time and piece of the meeting. Written notice of a special meeting is not required if the date, time and place of the special meting has been fixed in a regal meeting. 8) In addition to all the powers and duties enumerated by the provisions of dint' subchapters the Drainage Board shall haw other powers and duties as may be provided by the Council Online Copy From City0i-Jeftnet - City Cerk or the Board of Public Works and Safety. This Ontnance Shall be in fail force and etie- et after its passage and approval Passed this 1( day of zeiz......, 201 L \ill as uathgcal Presiding 0ft-1(w Attested: PctW1deT, Cicrk- Treasurer Presented by me as the auk Treasurer to the .Mayor °fax City of Jeffersonville on this _ie.. day of _ti:t1;•f.t.z.Lt.., 201 ..,-, Pe1,4'Velider, Ckrk Treaswer This Ordinance approved and signed by me this. ,.....11day o i. ...,.....- ; 1 y c Tilfmras aalli rk, MaYor Online Copy From City0fJet,r.net - City OW: XI 1.