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Home My Public Portal About028-1983 - Amending Title III - Administration of the Municipal CodeAMENDED ORDINANCE NO. 28-1983 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 pass 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 Title III of the Municipal Code of the City of Richmond, Indiana require updating to bring them into compliance with current needs and with recent changes in State law. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA THAT: Section I. 1. The following chapters and sections of the Richmond Municipal Code shall be repealed: (a) Chapter 31, entitled "Departments", Sections 31.01 through 31.04 entitled "Department of Community Develop- ment"; (b) Chapter 31, entitled "Departments". Section 31.10 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 34.10 through 34.13 entitled "Director of Public Safety"; (i) Chapter 34, entitled "City Officers", Sections 34.20 through 34.22 entitled "Director of Transportation"; (j) Chapter 34, entitled "City Officers", Section 34.25 entitled "City Traffic Engineer" and Chapter 70, Section 70.05 entitled "City Traffic Engineer. Section II. 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 IC 36-4-5 and other Statutes of the State of Indiana. - 2 - 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• 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: (a) Police Department (b) Fire Department (c) Transportation Department (d) Weights and Measures 4. Department of Law. There is hereby established a Department of Law pursuant to IC 36-4-9-4. 5. Department of Finance. There is hereby established a Department of Finance pursuant to IC 36-4-9-4. (a) The controller is the fiscal officer of the city and the head of the Financial Department. He or she shall perform the duties assigned by IC 36-4-10 and such other duties as the Common Council may, by ordinance, require. (b) The controller is hereby authorized pursuant to IC 36-4-11-4 to appoint one (1) deputy controller. 6. Engineering Department. There is hereby established a Department of Engineering pursuant to IC 36-4-9-4(c)(7). The engineering department shall be administered by the city engineer who is appointed by and serves at the pleasure of the mayor. The department is responsible for all engineering activities of the city. 7. Planning and Economic Development Department. There is hereby established a Department of Planning and Economic Development pursuant to IC 36-4-9-4 and shall consist of three (3) divisions as follows: (a) Planning Division organized under IC 36-7; and (b) Economic Development Commission organized under IC 36-7; and (c) Bureau of Buildings which shall be responsible for the enforcement of all building, electrical, plumbing, construction and housing codes applicable in the City of Richmond. 8. Airport. There is hereby established a Department of Aviation pursuant to IC 36-9-2-3 to maintain and operate the Richmond Municipal Airport. 9. Parks and Recreation. There is hereby established a Department of Parks and Recreation pursuant to IC 36-10. 10. Department of Public Sanitation. There is hereby established a Department of Public Sanitation organized under IC 36-9-25-1. The Sanitation Department shall be administered by a director of sanitation who is appointed by and serves at the pleasure of the mayor and the budget of said department shall be reviewed and approved by the Common Council of the City of Richmond, Indiana as said budgets of all other depart- ments created hereunder. - 3 - 11. Statutory Boards and Commissions. The following statutory boards and commissions are hereby established under the executive branch pursuant to IC 36-4-9-2: (a) Park and Recreation Board (b) City Plan Commission (c) Economic Development Commission (d) Redevelopment Commission (e) Board of Sanitary Commissioners (f) Board of Aviation Commissioners (g) Board of Zoning Appeals Section III. LEGISLATIVE BRANCH I. 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 (IC 36-4-6). 2. The Clerk of the City of Richmond shall be the Clerk of the Council and shall perform the duties prescribed by IC 36-4-6-9 and such other duties as the council may direct. 3. The meeting of the council shall be conducted pursuant to the applicable statutes (IC 36-4-6-10 through 17) and in accordance with the Rules of the Common Council as previously adopted by Ordinance No. 3178-1977 which rules are hereby re -affirmed and adopted as part of this ordinance and made a part hereof by reference. Section IV. PENSION BOARDS 1. There is hereby created a Police Pension Board of Trustees to perform duties prescribed by IC 36-8-6 (1925 fund) and IC 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 prescribed by IC 36-8-7 (1925 fund) and IC 36-8-8 (1977 fund) and shall bear such duties and responsibilities as are therein set out. Section V. 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 codification 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 or 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 VI. EFFECT 1. This ordinance shall be in effect from and after its passage by the Common Council and compliance with IC 36-3-4-14. - 4 - PASSED and ADOPTED by the Common Council of the City of Richmond, Indiana this tt' day of i.Cw<i� �x� , 1983. 7— President of Common Council ATTEST: (.1 JoEl,Ten Trimble, City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana this .:`'.r _ day of , 1983. r^. Cityj Clerk APPROVED by the MayorleFf the City of Richmond, Indiana this day of �}✓� , 1983. i C if d J ickman, Mayor ATTEST: JoEl e-n Trimble, City Clerk �HDIANP SO N. FIFTH STREET • RICHMOND, INDIANA 47374 • (317) 966-5561 CLIFFORD J. DICKMAN MAYOR July 14, 1983 Mr. Kenneth Mills, President, Members of Common Council and Ms. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 28-1983 Dear Mr. Mills, Members of Common Council and Ms. Trimble: The following attached amendments to Ordinance No. 28-1983 were suggested and discussed at the Committee of the Whole meeting of the Common Council on July 11, 1983. These amendments are submitted merely for your convenience in your decision to make such changes, if desired, in the second reading of this ordinance. ince el , Edward N. Anderson, Attorney for the City of Richmond ENA:er attach (1) e AMENDMENTS 1. Section II. EXECUTIVE BRANCH Paragraph 9. Parks and Recreation. Delete the words "to be controlled and operated by the Park and Recreation Board established." Section, as amended, will read: "There is hereby established a Department of Parks and Recreation pursuant to IC 36-10." 2. Section II. EXECUTIVE BRANCH Paragraph 10. Department of Public Sanitation. The following words will be added to this section: "and the budget of said department shall be reviewed and approved by the Common Council of the City of Richmond, Indiana as said budgets of all other departments created hereunder." The section will now read: "There is hereby established a Department of Public Sanitation organized under IC 36-9-25-1. The Sanitation Department shall be administered by a director of sanitation who is appointed by and serves at the pleasure of the mayor and the budget of said department shall be reviewed and approved by the Common Council of the City of Richmond, Indiana as said budgets of all other departments created hereunder." 3. Section II. EXECUTIVE BRANCH Paragraph 11. Statutory Boards and Commissions. Strike the word "board" and substitute the word "branch". 4. Section III. LEGISLATIVE BRANCH Paragraph 3. Strike "Ordinance No. 3178-1971" and replace with "Ordinance No. 3178-1977". 5. Add a new section: Section V. SAVINGS CLAUSE "This ordinance shall not impair, abrogate or affect any of the existing outstanding obligations, notes, bonds or indebtedness of the City of Richmond, Indiana or any of its special taxing districts." 6. Change Section V. EFFECT to read "Section VI. EFFECT" of RICK, �O lil* t��yrR � * ��/•f eC/�l/C� /NDIANp- 50 N. FIFTH STREET • RICHMOND, INDIANA 47374 • (317) 966-5561 CLIFFORD J. DICKMAN MAYOR June 17, 1983 Mr. Kenneth Mills, President and Members of Common Council Municipal Building Richmond, Indiana 47374 Re: City Reorganization (Home Rule) Dear Mr. Mills and Members of Common Council: Indiana Code 36-4-9-4 requires that the mayor recommend an organization plan for the executive departments and that the legislative body pass an ordinance establishing those departments. No particular structure or departments are required. The ordinance must be adopted before September 1, 1983. The local government statutes have all been revised or recodified and relocated to a new Title 36 of the Indiana Code. Attached is a list of the pertinent provisions of the Indiana Code as they might affect Home Rule and the enact- ment of any such ordinance. Attachedaa, Lo sed ordinance on Home Rule. nc re Edward N,y for the City of Richmond ENA:er attach (2)