Chapter 2.65
WATERWORKS DEPARTMENT
Sections:
2.65.010 Department of Waterworks – Establishment.
2.65.040 Continuance of present members.
2.65.070 Budget and accounting.
2.65.080 Management personnel.
2.65.010 Department of Waterworks – Establishment.
Pursuant to IC 8-1.5-4-2, the Department of Waterworks of the City is hereby established. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(1); 1982 Code § 30.470; 1983 Code § 3.30.470.]
2.65.020 Board of Directors.
The department shall be under the control and direction of the Board of Directors of the Department of Waterworks of the City, hereinafter referred to as the Water and Sewer Utility Board. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(2); 1982 Code § 30.471; 1983 Code § 3.30.471.]
2.65.030 Membership.
The Board of Directors of the Department of Waterworks shall be comprised of five members, who shall be appointed by the Mayor. Members shall serve for a term of four years each in staggered terms, and shall be eligible for reappointment upon the expiration of their term. Not more than three of these members shall be of the same political party. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(3); 1982 Code § 30.472; 1983 Code § 3.30.472.]
2.65.040 Continuance of present members.
Those persons heretofore appointed as members of the Board of Directors of the Department of Waterworks of the City who shall be serving as such at the time the ordinance codified in this chapter takes effect shall be continued in office without reappointment for the respective terms for which they were appointed. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(4); 1982 Code § 30.473; 1983 Code § 3.30.473.]
2.65.050 Powers and duties.
(A) The Utility Board shall have the responsibility for the operation of the Water Utility and for the operation of the Sewer Utility of the City.
(B) In the discharge of these functions, the Utility Board has all the powers, functions, and duties granted and imposed by law, including, but not limited to, the following:
(1) The Utility Board may hold hearings following public notice and make findings and determinations.
(2) The Utility Board may award contracts for the purchase of capital equipment or other property or for the construction of capital improvements.
(3) The Utility Board may employ persons or firms.
(4) The Utility Board may sue and be sued.
(5) The Utility Board may enter into such contracts, including labor contracts, which are necessary for the operation and maintenance of the utilities.
(6) The Utility Board may appropriate, lease, rent, purchase, and hold any real estate, rights-of-way, materials, or personal property within the district for pumping stations, filtration plants, reservoirs, water wells, pipelines, water mains, or any other structures built or operated in connection with the waterworks or necessary for their use and operation.
(7) The Utility Board may enter upon any lands for the purpose of surveying or examining the land to determine the location of any plant or appurtenances.
(8) The Utility Board may design, order, contract for, or construct pumping plants or stations, filtration plants, reservoirs, water mains, hydrants and other equipment, structures, and appurtenances and rebuild, equip, improve, extend, and repair plants, equipment, and structures.
(9) The Utility Board may build or have built all roads, levees, walls, or other structures that may be necessary or desirable improvements of the grounds and premises under its control.
(10) The Utility Board may take charge of all waterworks plants and systems, real estate, structures and equipment, or other property appurtenant or used in connection therewith, belonging to the City or Board of Waterworks Trustees under authority of IC 19-3-6-5.
(11) The Utility Board may take charge of and expend all funds, including accounts for service, of the municipal waterworks of the City or Board of Trustees, held under authority of IC 19-3-6.5-1 et seq.
(12) The Utility Board may establish rules and regulations concerning the facilities and operations of the department.
(C) In addition to the above, the Utility Board may merge selected functions of the Sewer Utility and the Water Utility when, in the opinion of the board, it will provide better service to the users, make for more efficient operation, and/or reduce expenses.
(D) The Sewer Utility shall be responsible for collecting, processing, and disposing of waste substances and domestic or sanitary sewage, and may establish, maintain, and operate sewers, sewage disposal systems, and systems to collect and dispose of waste substances. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(5); 1982 Code § 30.474; 1983 Code § 3.30.474.]
2.65.060 Rates and charges.
(A) Water. The Utility Board may fix the rates to be charged for water or other services furnished by the department, collect the charges, and establish and enforce rules governing the furnishing of water or other services and their payment. All rates, rules, and regulations are subject to the approval of the Public Service Commission or any other regulatory body having jurisdiction over such matters.
(B) Sewer Rates and Charges. Sewer and refuse collection rates and charges shall be governed by ordinance. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(6); 1982 Code § 30.475; 1983 Code § 3.30.475.]
2.65.070 Budget and accounting.
(A) Sewer Department. The board shall submit a budget of the financial needs of the Sewer Department for each fiscal year in the detail required by the Common Council.
(B) Waterworks Department. The board shall submit to the Common Council an annual review of the revenues and expenditures relating to the Water Department operation, and a comparison to revenues and expenditures for the prior year. Any allocations, if any, shall be noted therein.
(C) Accounting. Separate accounting for the water and sewer utilities shall be maintained consistent with applicable regulatory authority and to satisfy requirements related to outstanding bonded indebtedness. Costs identifiable as a direct charge to either the water or sewer operations shall be recorded directly to the appropriate utility. All other costs shall be allocated and apportioned to the respective utility on the basis of cost/benefit analysis and consistent with generally accepted accounting principles. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(7); 1982 Code § 30.476; 1983 Code § 3.30.476.]
2.65.080 Management personnel.
The board shall appoint the necessary management personnel who shall have the responsibility for the detailed supervision of the respective utilities and who shall be responsible to the board for the business and technical operation of the utilities. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(8); 1982 Code § 30.477; 1983 Code § 3.30.477.]
2.65.090 Jurisdiction.
(A) Water. The Water Utility has jurisdiction of the territory comprised of Vanderburgh County, which constitutes a special taxing district pursuant to IC 8-1.5-4-3 for providing water service for territory within the district.
(B) Sewer. The Sewer Utility has jurisdiction of the territory comprised of the City of Evansville, and for the area outside the City limits as prescribed by IC 36-9-2-18, 36-9-2-19, and 36-9-23-36. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 2(9); 1982 Code § 30.478; 1983 Code § 3.30.478.]
2.65.100 Effective date.
The ordinance codified in this chapter shall be in full force and effect on January 1, 1983, after its passage by the Common Council and signing by the Mayor, and publication, if any, as required by law. [Ord. G-82-53, passed 12-13-82. 1962 Code, Art. 3, Ch. 38, § 3; 1982 Code § 30.479; 1983 Code § 3.30.479.]