Local Government
Chesterton Town Code

Chapter 25
UTILITIES

Art. I. In General, 25-1 - 25-15

Art. II. Utility Service Board, 25-16 - 25-30

Art. III. Sewers and Sewage Disposal, 25-31 - 25-150
Div. 1. Generally, 25-31 - 25-80
Div. 2. Rates and Charges, 25-81 - 25-150

Art. IV. Water, 25-151 - 25- 161
Div. 1. Generally, 25-151 - 25-161

ARTICLE I. IN GENERAL

Sec. 25-1. Management structure.
A. The Town Council hereby re-establishes the Utility Service Board for the Town as the same has operated in the past pursuant to IC 8-1.5-3 et seq.; and hereby establishes the following pattern of organization and administrative arrangements under which said Town will exercise its authority and discharge its responsibility for utility service. For the management and administration of the Town of Chesterton Publicly Owned Treatment Work (POTW) there shall be:

     1.  A Utility Service Board (Board);
     2.  A Utility Superintendent or Manager;
     3.  A Utility Secretary;
     4.  A Utility Attorney.

B.  There may be, as may be provided for in the sewage treatment Utility budget, such other employees as are necessary to operate and maintain the POTW.

Secs. 25-2 - 25-15. Reserved.

ARTICLE II. UTILITY SERVICE BOARD

Sec. 25-16. Composition; qualifications, terms of members; appointments; filling vacancies.

A.  The Board shall consist of five (5) members, who shall be freeholders and residents of the Town, three (3) of which members shall be appointed by the Town Council President and two (2) shall be appointed by the Town Council pursuant to IC 8-1.5-3-3. The appointments by the Town Council President shall be one member for a term of one (1) year, one member for a term of two (2) years, and one member for a term of three (3) years; after the initial appointment, all subsequent terms shall be for three (3) years. The terms of the members appointed by the Town Council shall be an initial appointment for one (1) member for a term of one (1) year, and one member for a term of two (2) years; all subsequent terms shall be for two (2) years pursuant to IC 8-1.5-3-3. Not more than two-thirds (2/3) of the members may be of the same political party.

Any vacancy occurring during a term of office of a member of the Board shall be filled by the appointing authority by a replacement member who shall serve out the term of the member whose office has become vacant.

Sec. 25-17. Compensation.
 Each member of the Board shall be compensated for his services as a member of such Board at a sum to be determined and fixed by the Town Council.

Sec. 25-18. Officers; rules of procedure.
 The Board shall, during the month of January of each year, elect a Chairman, Vice-Chairman, and Secretary who shall serve in such offices until December 31st of the year in which they were elected. TheBoard shall establish its own rules and procedure for the conduct of its meetings.

Sec. 25-19. Meetings.
 The Board shall conduct public meetings at least once each month.

Sec. 25-20. Powers and duties.
A.  The Board has general supervisory powers over the POTW with responsibility for the detailed supervision of the POTW to be vested in its Superintendent or Manager who is responsible to the Board for the business and technical operation of the POTW. The Board may:

     1.  Fix the number and compensation of employees;

     2.  Adopt rules governing the appointment of employees including making proper classifications and rules to:
          a.  Determine the eligibility of applicants;
          b.  Determine by competitive examination the relative fitness of applicants for positions;
          c.  Establish eligible lists arranged according to the ratings secured;
          d.  Provide for the appointment of those having the highest ratings; and
          e.  Provide for the promotion of employees;

     3.  Subject to IC 36-4-9-2, appoint a Superintendent or Manager of the Utility under its control who is responsible to the Board for the business and technical operation of the POTW. The Board shall make the appointment on the basis of fitness to manage the POTW, taking into account his executive ability and his knowledge of the utility industry;

     4.  Subject to IC 36-4-9-12, hire attorneys when required for the operation of the POTW;

     5.  Hire professional or expert personnel when required for the operation of the POTW;

     6.  Submit a budget of its financial needs for the next year in the detail required by the municipal legislative body;

     7.  Recommend to the legislative body reasonable and just rates and charges for services to the patrons of the POTW;

     8.  Appropriate, lease, rent, purchase, and hold all real and personal property of the Utility;

     9.  Enter upon lands for the purpose of surveying or examining the land to determine the location of any plant or appurtenances;

     10.  Award contracts for:
          a.  The purchase of capital equipment; or
          b.  The construction of capital improvements; or
          c.  Other property or purposes that are necessary for the full and efficient construction, management, and operation of the Utility;

     11.  Adopt rules for the safe, economical, and efficient management and protection of the POTW;

     12.  Deposit at least weekly with the municipal fiscal officer all money collected from the Utility to be kept in a separate fund subject to the order of the Board; and

     13.  Make monthly reports to the fiscal officer of the receipts and disbursements of money belonging to the Utility and an annual report of the condition of the Utility.

B.  The Board may purchase by contract electricity, water, gas, power, or any other commodity or service for the purpose of furnishing the commodity or service to the patrons of the municipally-owned POTW or to the municipality itself.

C.  If the Board wants to purchase the commodity or service from a public utility and the parties cannot agree on a rate or charge to be paid for it, either party may apply to the commission or other appropriate State or Federal regulatory agency to establish a fair and reasonable rate or charge to be paid for the commodity or service.

D.  The Board may discontinue water service by a waterworks to (1) a water consumer, or (2) any property, upon failure by the water consumer or the property owner to pay charges legally due for sewer or sewage disposal plant service. However, the water service may not be discontinued for nonpayment of sewer or sewage disposal plant service charges until the charges have been due and unpaid for at least thirty (30) days.

E.  Before water service is discontinued under subsection (D), the Board must give written notice to the water consumer or property owner of its intention to discontinue water service if the unpaid sewer or sewage disposal plant service charges are not paid before a date specified in the notice. The notice must be mailed not less than ten (10) days before water service is to be discontinued and addressed to the water consumer or the property owner at his last known address.

Sec. 25-21. Superintendent of Utility.

A.  The Superintendent of the Utility shall:
     1.  Appoint, supervise, or dismiss all employees of the POTW;
     2.  Employ unskilled labor when needed, without competitive examination;
     3.  Investigate all claims against the Utility;
     4.  Oversee the operation of the POTW and any construction work, repairs, or alterations to the system; and
     5.  Advise the Board in all matters that will bring about an efficient and economical operation and maintenance of the POTW.

B.  The Superintendent is entitled to the compensation for his services that is determined by the Board, subject to final approval by the Chesterton Town Council.

C.  The Superintendent shall give bond in a sum of not less than double to estimated amount of money that may be in his hands at any time. The bond shall be conditioned upon the faithful discharge of his duties and the payment to the proper person of all money in his hands. The bond is subject to the approval of the Executive of the municipality.

D.  The Superintendent may be removed by the Board for cause at any time after notice and a hearing.

E.   Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this ordinance.  Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other POTW personnel.

Secs. 25-22 - 25-29. Reserved.

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