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HomeMy Public PortalAbout001-1984 - ORDINANCE AMENDING ORDINANCE 28-1983 AS AMENDEDESTABLISHING EXECUTIVE DEPARTMENTS AND ADMINISTRATIVE PROVISIONSAMENDED ORDINANCE NO. 1-1984 AN ORDINANCE AMENDING ORDINANCE NO. 28-1983 AS AMENDED (AN ORDINANCE AMENDING TITLE III, ADMINISTRATION OF THE MUNICIPAL CODE OF THE CITY OF RICHMOND, INDIANA), ESTABLISHING EXECUTIVE DEPARTMENTS AND ADMINISTRATIVE PROVISIONS. WHEREAS, Indiana Code 36-4-9-4 requires that the Common Council by ordinance passed upon recommendation of the Mayor establish executive departments it considers necessary to perform efficiently the administrative functions required to fulfill the needs of the City's citizens; and, WHEREAS, portions of Ordinance No. 28-1983, as amended, upon the recommendation of the Mayor, require amendment in order to provide for the establishment of executive departments necessary to perform the administrative functions required to fulfill the needs of the City's citizens; and, WHEREAS, Ordinance No. 28-1983, as amended, is herein being amended in its entirety to incorporate needed amendments to provide for clarity. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that: SECTION 1. 1. Ordinance No. 28--1983, as amended, is hereby repealed in its entirety. 2. The following chapters and sections of the Richmond Municipal Code shall be repealed: a. Chapter 31, entitled "Departments". Sections 31.01 through 31.04 entitled "Department of Community Development"; b. Chapter 31, entitled "Departments", Section 31.01 entitled "Department of Economic Development"; C. Chapter 31, entitled "Departments", Sections 31.15 through 31.22 entitled "Department of Parks and Recreation"; d. Chapter 31, entitled "Departments", Section 31.30 entitled "Department of Public Sanitation"; e. Chapter 31, entitled "Departments", Section 31.35 entitled "Department of Redevelopment"; f. Chapter 32, entitled "Boards, Commissions, and Authorities," Section 32.01 entitled "City Plan Commission"; g. Chapter 34, entitled "City Officers". Sections 34.01 and 34.02 entitled "Administrative and Financial Assistant to the Mayor"; h. Chapter 34, entitled "City Officers", Sections 34.101 through 34.13 entitled "Director of Public Safety"; i. Chapter 34, entitled "City Officers", Sections 34.201 through 34.22 entitled "Director of Transportation"; j. Chapter 34, entitled "City Officers", Section 34.25 entitled "City Traffic Engineer". SECTION 2. EXECUTIVE BRANCH 1. Mayor - The mayor is the chief executive and head of the Executive Branch. He or she shall faithfully perform the duties and responsibilities contained in I.C. 36-4-5 and other Statutes of the State of Indiana. 2. Appointments - All department heads shall be appointed by the Mayor, subject to commission or board approval when required by statute, and serve at the pleasure of the Mayor. Department heads shall appoint deputies and other employees within their departments with the approval of the Mayor. 3. Economic Development Director's Office - There is hereby established pursuant to I.C. 36-7-2-7 an Economic Development Director's Office within the executive Branch. This executive department shall be appointed by the Mayor, or the Mayor may so designate such authority as he sees fit in the best interest of the City. 4. Board of Public Works and Safety - There is hereby established a Board of Public Works and Safety within the executive branch. Such board shall be the chief administrative body of the city and shall have control of the day-to-day operations of the following executive departments, which are hereby established pursuant to I.C. 36-4-9-4; without, however, diminishing the control of such deprtments vested in the Statutory boards established in connection with them: a. Police Department b. Fire Department c. Weights and Measures Department d. Department of Law e. Department of Finance i. The controller -internal auditor is the fiscal officer of the city and the head of the Financial Department. He or she shall perform the duties assigned by I.C. 36-4-10-5 and such other duties as the Common Council may, by ordinance, require. ii. The controller -internal auditor is hereby authorized pursuant to I.C. 36-4-11-5 to appoint one (1) deputy controller. f. Purchasing Department g. Department of Public Works, which shall be administered by the Public Works Director, who is appointed by and serves at the pleasure of the Mayor; and which shall consits of the following divisional functions and responsibilities: i. Transportation Department ii. Engineering Division, which is respon- sible for all engineering activities of the City. iii. Public Sanitation Division (established pursuant to and organized under I.C. 36-9-25. h. Planning and Economic Development Department which shall consist of the following divi- sional functions and responsibilities: i. Building Division which shall be responsible for the enforcement of all building, electrical, plumbing, mechanical, construction and housing codes applicable in the City of Richmond, Indiana. ii. Planning Division (established and organized under I.C. 36-7-4). iii. Economic Development Commission .(established and organized under I.C. 36-7-12-4). iv. Redevelopment Commission (establish under I.C. 36-7-14-3). i. Parks and Recreation whih is organized, controlled and operated by the Park and Recreation Board pursuant to I.C. 36-10. j. Airport. There is hereby established a Department of Aviation pursuant to I.C. 36-9-2-3 to maintain and operate the Richmond Municipal Airport. This is also pursuant to I.C. 8-22-2-1. k. Housing Authority. (Established, controlled and operated by the Housing Authority Board pursuant to I.C. 36-7-18-4. 1. Energy Department. 5. Statutory Boards and Commissions - The following statutory boards and commissions are hereby established under the executive branch: a. Park and Recreation Board pursuant to I.C. 36-10-3 b. City Plan Commission pursuant to I.C. 36-7-4-200 et. seq. c. Economic Development Commission pursuant to I.C. 36-7-12-4.5 d. Redevelopment Commission pursuant to I.C. 36-7-14-6.1 e. Board of Sanitary Commissioners pursuant to I.C. 36-9-25-3 f. Board of Aviation Commissioners pursuant to I.C. 8-22-2-1 g. Board of Zoning Appeals pursuant to I.C. 36-7-4-900 et.seq. h. Housing Authority pursuant to I.C. 36-7-18-4 SECTION 3. LEGISLATIVE BRANCH 1. The Legislative Branch of the City of Richmond is the Common Council. The Council shall have exclusive authority to adopt ordinances and appropriate tax monies received by the City, and to perform other necessary and desirable legislative functions (I.C. 36-4-6). 2. The Clerk of the City of Richmond, Indiana shall be the Clerk of the Council and the Board of Public Works and Safety and shall perform the duties pre- scribed by I.C. 36-4-6-9 and such other duties ad the council may direct. The meetings of the council shall be conducted pursuant to the applicable statutes (I.C. 36-4-6-10 through 17) and in accordance with the Rules of the Common Council as previously adopted by Ordinance No. 3178-1971 which rules are hereby re -affirmed and adopted as part of this ordinance and made a part hereby by reference. SECTION 4. Pension Boards 1. There is hereby created a Police Pension Board of Trustees to perform duties prescribed by I.C. 36-8-6 (1925 fund) and I.C. 36-8-8 (1977 fund) and shall bear such duties and responsibilities as are therein set out. 2. There is hereby created a Firefighter's Pension Board of Trustees to perform certain duties pre- scribed by I.C. 36-8-7 (1937 fund) and I.C. 36- 8-8 (1977 fund) and shall bear such duties and responsibilities as are therein set out. SECTION 5. Savings Clause 1. Nothing in this ordinance shall be construed to terminate departments or boards established under prior law if the General Assembly of the State of Indiana has indicated that the act repealing the prior law was intended to be a codi- fication or a restatement thereof and that the substantive operation and effect of that prior law continues uninterrupted. 2. Nothing in this ordinance shall be construed to impair the rights and remedies of the holders of any outstanding bonds of the City of any of its departments or boards or to impair the obligations of the City or any of its departments or boards to fulfill the terms of any agreements with the holders of said bonds. SECTION 6. Effect 1. This ordinance shall be in effect from and after its passage by the Common Council of the City of Richmond, Indiana and compliance with I.C. 36- 3-4-14. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this day of 1984. PtegicTent of C0 on Council ATTEST: Mary M rchanthouse City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana this G 1�e day of !,rAi�s_� 1- , 1984. APPROVED by the Mayor of the City of Richmond, Indiana this day of , 1984. Frank H. 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