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HomeMy WebLinkAbout2001-OR-05 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2001-OR-5 AN ORDINANCE AMENDING ORDINANCE NO. 2000-OR-04 WHEREAS, Indiana law~ authorizes the Common Coundil of the City of Jeffersonville (the "Council") to adopt an ordinance transferring the supervision and control of the construction, acquisition, improvement, operation, and maintenance of the murdcipa[ sewage works from the Jeffersonville Board of Public Works and Safety to a Sanitary Board; and WHEREAS, the Council exercised its statutory authority to establish a Sanitary Board to perform duties and responsibilities as allowed under Indiana law through passage of Ordinance No. 2000-OR-04 establishing the Jeffersonville Sanitary Board (the "Board") effective July 1,2000; and WHEREAS, the Council wishes to amend and clarify the operations of the Board; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, that the Board will monitor the operation of the municipal sewage works. IT IS FURTHER ORDAINED that the Board will monitor any and all construction, acquisition, improvement, operation, and maintenance of sewage works under the present and future jurisdiction of the City of Jeffersonville through approving contract documents for sewage works projects, advertising for bids and accepting or rejecting bids for sewage works projects, approving the purchase of equipment, buildings or land for sewage works projects, and approving claims for sewage works projects. IT IS FURTHER ORDAINED that the Mayor will control and oversee the day to day management of the sewage works. IT IS FURTHER ORDAINED that the Board will consist of: 1) the Mayor; 2) one (1) person appointed by the Council, who must either be a resident of the City of Jeffersonville or a customer of the sewage works; and 3) one (1) person jointly nominated by the Mayor and the Council appointee and appointed by the Council, who must be a registered professional engineer. If the Mayor and the Council appointee are unable to agree on a suitable engineer within thirty (30) days after the expiration of the engineer's term, the Council may unilaterally appoint the engineer. IT IS FURTHER ORDAINED that in consideration for the Mayor having a greater role in the selection of the engineer to the Board than is required under Indiana law the Jeffersonville Board ~Currently I.C. 36-9-23-3 (as amended) of Public Works and Safety shall consists of the following: 1) the Mayor; 2) one (1) member of the Council chosen by the Council subject to the Mayor's ratification and confirmation; and 3) one (1) member appointed by the Mayor. The Council member will serve for a term of one (1) year. IT IS FURTHER ORDAINED that the original engineer appointee to the Board will serve for an initial term of two (2) years, and the non-engineer appointee will serve an iniitial term of three (3) years. IT IS FURTHER ORDAINED that when a Board member's term expires, a successor will be appointed for a term of three (3) years consistent with the aforementioned procedures. IT IS FURTHER ORDAINED that the Mayor shall serve as chairman of the Sanitary Board. IT IS FURTHER ORDAINED that the Sanitary Board shall select a vice chairman from its members who serves at the pleasure of the board, and shall appoint the Jeffersonville Clerk- Treasurer as the Board's Secretary-Treasurer. IT IS FURTHER ORDAINED that the Common Council of the City of Jeffersonville may compensate each member of the Sanitary Board in an mount not to exceed $1,000.00 per month as a salary or as payment for meetings attended provided that said compensation is fixed by the Mayor upon the approval of the Common Council. Each member of the Sanitary Board is also entitled to payment for reasonable expenses incurred in the' performance of his or her duties. The aforementioned compensation and expenses may be adjusted annually by the Common Council. IT IS FURTHER ORDAINED that the Common Council of the City of Jeffersonville may also compensate the Secretary-Treasurer of the Sanitary Board provided that said compensation is fixed by the Mayor upon the approval of the Common Council. IT IS FURTHER ORDAINED that the Council will fix the bond required of each member of the Board and of the Treasurer of the board. These bonds will be filed with the county recorder under I.C. 5-4-1-5.1. IT IS FURTHER ORDAINED that the Board must provide the Council with reports and updates as to the status of the sewage works in the form and at the intervals that the Council requests. IT IS FURTHER ORDAINED that the Sanitary Board may establish rules, and by-laws necessary for conduct of its business consistent with Indiana law and this ordinance. IT IS FURTHER ORDAINED that the Council may remove its non-engineer Board appointment for cause, and the Mayor and the Council, mayj ointly remove the engineer appointment for cause. However the Board member must be given notice of the proposed removal and a reasonable opportunity to request a public hearing before the Council on the proposed removal. IT IS FURTHER ORDAINED that this amendment shall become effective immediately. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED on this ~ day of ,2001. ATTEST: COMMON COUNCIL OF Tho~nas R. Galliga[n,~Pre~di~ (/fficer Pegg~ ~,~v~i-"d~r Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville on this day of ~,k(ts'z,Je,~ ,2001. 2001. Pe~'gy Clerk and Treasurer This ordinance approved and signed by me this . day of ~