HomeMy Public PortalAbout020-1978 - Appropriations - Law Department - Cash OperatingORDINANCE NO. 20-1978
AN ORDINANCE TO APPROPRIATE WITHIN THE GENERAL FUND.
WHEREAS, it has been determined that it is now necessary to appropriate more money
than was appropriated in the annual budget,
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, WAYNE
COUNTY, INDIANAi
SECTION 1. That for the expenses of said municipal c^rporation the following
additional sums of money are hereby appropriated and ordered set apart out of the
several appropriations herein named and for the purposes herein specified, subject
to the laws governing the same:
GENERAL FUND
Department of Law
01-01-08-2-0-002690
Other Contractual Services
AMOUNT
AMOUNT
REQUESTED
APPROPRIATED
$9,000.00
$9,000.00
Total $9,000.00
$9,000.00
SECTION 2. WHEREAS, it has been shown that certain existing appropriations now have
unobligated balances which will not be needed for the purposes for which appropriated,
it is further ordained that the following existing appropriations be reduced in the
following amounts.
r_TWWPBr. FTTNn
Cash Operating
AMOUNT
REQUESTED
$9,000.00
AMOUNT
REDUCED
$9,000.00
Total $9,000.00 $9,000.00
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and approval by the Mayor and is subject to the laws of the State of Indiana
governing emergency appropriations.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this
day of 1978.
L l
\n�u P esident o Common Council
ATTEST: 4\ �"��''�— �-�
City Clerk
PRESENTED by me, JoEllen Trimble, City Clerk, to the Mayor of the City of Richmond,
Indiana, this day of 1978.
Ci lerk
APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this
ay of , 1978.
Mayor
ATTEST;
C ty Clerk
CLIFFORD J. DICKMAN
MAYOR
50 N. FIFTH STREET • RICHMOND. INDIANA 47374 • (317) 966-5561
March 30, 1978
Mr. Thomas Austerman, President
Members of Common Council
Mrs. Jo Ellen Trimble, City Clerk
Municipal Building
50 North 5th Street
Richmond, IN 47374
EDWARD N.ANDERSON
CITY ATTORNEY
Re: Ordinance No. 20-1978 (an Ordinance to Appropriate within the General Fund).
Dear Mr. Austerman, Members of the Council and Mrs. Trimble:
The following reasons are given for this appropriation:
1. The City Attorney has the management, charge and control of the law
business of the City and for each branch of its government;
2. The branches of its government are the Common Council; the office of the
Mayor; the office of the City Clerk; the office of City Controller;
3. The City Attorney is the legal adviser of all its departments and officers;
4. The City of Richmond, Indiana has seven (7) departments, including
(1) Department of Community Development; (2) Department of Engineering; (3) De-
partment of Parks and Recreation; (4) Department of Public Safety; (5) Department
of Public Sanitation; (6) Department of Transportation; and (7) Department of
Economic Development;
5. Most of these departments have boards, committees and commissions which
govern their activities, such as the Richmond City Plan Commission, Richmond Board
of Zoning Appeals and Sanitary District Commission; all of which the City Attorney
advises and attends its meetings;
6. Many of these departments have several divisions of City Planning; the
Bureau of Buildings; Division of City Planning; Police Division; Fire Division;
Weights and Measures Division; all of which the City Attorney is the attorney and
counsel;
7. The City Attorney by statute (IC 18-1-6-13) is to draw up ordinances,
leases, deeds, contracts or other legal papers for the City and its various de-
partments;
Page 2.
8. The City Attorney is to prosecute all violators of city ordinances with
over 50 ordinances in the Municipal Code of Richmond, Indiana and over 30 ordinances
passed since the revision of the Code in 1972;
9. The City Attorney is to conduct all legal proceedings and all appeals of
every nature whatsoever in which the City or the public has an interest and
commence all proceedings necessary or advisable for the protection or enforcement
of the rights of the city or of the public;
10. The City Attorney is to make all searches and examine all abstracts of
title required in opening, widening or changing any street, alley or public place,
or required in any public work of any kind;
11. The City of Richmond, Indiana owns and operates a Richmond Municipal Air-
port governed by a Board of Aviation Commissioners which, as such, is a branch and
department of its goverment for which the City Attorney serves as legal adviser;
12. The operation, management and control of the Richmond Power and Light is
under the authority of the City of Richmond and as such is a branch of its govern-
ment again for which the City Attorney is its legal adviser and counsel;
13. There are over 30 suits pending against the City of Richmond seeking
judgments in excess of 5 1/2 million;
14. In many of these cases, the City's comprehensive general liability carrier
denies coverage under an exclusion form number 619 (4-72) which excludes "miles of
streets or sidewalks" and as a result, the city must prepare its own defense and
investigation; such investigation being done by a private investigator and at a
cost to the City of Richmond;
15. There are several suits pending involving Annexation proceedings and the
Massage Parlor Ordinance taking much Court time as well as responsive pleadings
and also pending are tax assessment hearings;
16. The City Attorney, by virtue of his office is a member of the Board of
Public Works and Safety (IC 18-2-1-4.2 (b)), and has the many added administrative
duties as prescribed by law (IC 18-1-6-15) including attendance weekly at these
meetings;
17. The duties of the "board of public works" and the duties of the "board
of public safety" are performed by the one board (IC 18-2-1-4.2) and the duties of
the "board of public safety" are those prescribed by law for boards of public safety
(IC 18-1-11-1) which include the care, management, supervision and exclusive control
of all matters and property relating to or connected with the fire and police forces
including labor negotiations;
18. The Municipal Code of Richmond, Indiana needs revision, restatement and
recodification pursuant to IC 18-5-12-1 which will require much legal research
prior to any restatement or reenactment.
Page 3.
For the above reasons legal assistance in the Department of
by the passage of this ordinance for additional funds in the
contractual services" the Corporation counsel of the City c
competent attorney on a part time basis for legal assistance
for investigative vices.
L
ly bmitted
ward N. Anderson
City Attorney
�;
Law is needed and
budget item "other
n contract with a
and can contract
Form Preserlbed by State Hoard of Aecounts General Form No. 9B P (Rev. 1967)
..........^.f:[ :.C.1,^r?c- I,Cp. nf.^Swh lcnr...... ...... To..Pa1.adiurnPublishing Corporation......
Dr.
(Governmental Unit) 1175 North A Street
............................ Wayne........ County, Indiana - .....$fG11 ?oAd,. 144iaaAa. 17374..:... .
PUBLISHER'S CLAIM
LINE COUNT
Display Matter (Must not exceed two actual lines, neither of which shall total
more than four solid lines of the type in which the body of the advertisement
is set) number of equivalent lines
Head —number of lines
Body —number of lines
Tail —number of lines
Total number of lines in notice
COMPUTATION OF CHARGES
. .(k...........lines, P.1............columns wide tie equals ............... equivalent
o-
lines at ...... r..:'. cents per line
Additional charge for notices containing rule or tabular work
(50 oer cent of above amount)
Charge for extra proofs of publication
(50 cents for each proof in excess of two)
TOTAL AMOUNT OF CLAIM
DATA FOR COMPUTING COST
Width of single column .. l.l...ems
Number of insertions .. z... .
Size of type 5 .1/'Z. .point
Size of quad upon which type is cast ........
12,67........
..............
id.67
$................
Pursuant to the provisions and penalties of Ch. 155, Acts 1953,
f hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all
just credits, and that no part of the same has been paid. )
Date: ................... .... Title ..... Gaahier
.................................
Fipl�.^E lL7 ;A1;P AY ERS
�F PROPOSED
i:%"JAL APP ROPRIS.T ION$
Noii. nerebV given the TaXpfv'Jrs
ct the crtv of Rtcnmond. \YaY nc cfir
ihUI the oraoer 1e9o�cn
t dM�r:e 119e loe-o 7'30I
', q n the ]71h daY of A""' i
i 7`i6. win consider thq following rod..)
ceproerwtlonf`'in l"e"S at the
'G�,d9ei the ��•Ir>"�ear.,-
r;ENr::AL FLINU _
Other '..or.truc�uol Serv'.ce.$. i.10`FO R'i EHICL. -.......
8 9•000no
"p, imetof Lew
TO'AL 9000OU
fAY FUNDE HIGH'
Ofner cc.,irgciuol
,......1'•Z.C39. 00
TOTAL•.....
LWULA
I +,sPROvFMENT FUND
,.CIGAR TXF TAX)
F .9 Ing'St dY f }f2e%t nslan
of 1. d sisal IYo d .... . 300,00
rmo1l, 00
OTAL .......... Y such eef
Ta XCWYeYS aOUCorl Llggg• df
,y 1he.1010onalg000li4P,Iiltionslasfe
�nl!V„de will he rRletTed to!he $late
P,oerd Ot Ta} Corn
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'Yf n'-C.ipt I held I
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JO Eller T�'imble,
Cit•i CI,•: fi API, 4; l: •�
PUBLISHER'S AFFIDAVIT
State of Indiana ) as
..... Wayne........ County)
Personally appeared before me, a notary public in and for said county and state,
' Gary E. Mullins
the undersi
gned ......................:..................... ........................who,
being duly sworn, says that ...he is..Cr.1aAkfifd.AdvOrtlsizg.Mama ger..
of the....... ............... a ..... DailY..... I........
newspaper of general circulation printed and published in the English language in the
(city) (town] of ............ Richmond,. Ind iana...............in state and county
aforesaid, and that the printed matter attached hereto is a true copy, which was duly
published in said paper for..tnf)...... time...g, the dates of publication being as follows:
4 & Ape. 11, Z47
....... ... ......... .. ........ .... ... .. .. .......... .. ...
Subscribed and sworn to before me tbis..........12"day of..,...Anr..:.,.il 1978.
. ......... ... ./•. ... .... ...........
Notary Public
My commission expires... r{-1:4...r? . a.a. :'.
EXCERPTS OF TlfE MEETING OF ITIE COMMON -
COUNCIL OF THE CITY OF RICHMOND, INDIANA
The Common Council of the City of Richmond, Indiana, met in regular session in the.
Council Chambers in the Municipal Building of said City May 1st ,
at the hour of 7:30 p.m.
Councilman Austerman presided with the following members present:
Messrs. Ahaus Carter Elstro
Merchanthouse Mills Paust
Welch Williams
Absent: None
The following business was had to -wit:
(OTHER .BUSINESS HAD)
The Clerk presented proof of publication of Notice to Taxpayers printed in the
Richmond Palladium Item, a newspaper of general circulation in the City of
Richmond, Indiana, on the dates of April 4th and April llth
Said notices stated that a public hearing would be held on the lst day of
May, 1978 by the Common Council to consider additional appropria-
tions as provided for in Ordinance No. 20-1978 , within the City of
Richmond, Indiana. The proof of publication and posting of notices were examined
and found to be correct and in order. Councilman Ahaus moved the
proof of publication and posting of notices be received and ordered filed,
seconded by Councilman Paust and on voice vote the motion was
carried.
The Clerk read on second reading Ordinance No. 20-1978
After hearing all persons present, Ordinance No. 20-1978 was placed on
final passage: or rejection and on a cal I of tlic. roll the following was recorded:
Ayes: Ahaus Austerman Carter Mills
Paust Welch Williams
Nocs:_ Elstro — Merchant ouse ,
Absen t: None
The vote being 7 _-Cow- _gin favor. of passage of Ordinance No. - . 8
(0'1'1ll?I: BusLNI;SS HAD)
'!'hare being no further business on motion duly made, seconded and passed, the
mcaLing was adjourned.
/s/ Thomas L. Austerman
(resident of Common Council
A'IT FST: JoEllen Trimble
City Clerk
NOTICE TO TAXPAYUS 01
PROPOSE? ADDITIONAL APPROPRIATIONS
Not -ice is hereby given the taxpayers of th C=Gy of Richmond, Wayne County,
Indiana, that the proper le��al officers of said ^',�;n-icipal Corporation at
their regular meeting placo at 7:30 o'clock `:'.i"., on llth day of
Anril i9;'8 , will consider the following additional
appropriations 'in excess of��—,e—budget for 'he current year.
(jEiLUL Fu:iD
Other Contractual services
Department of Law $ 9,000.00
`1101., L � 9,300.00
1`10TOIZ VL,7!!CL.'.
0tiier Cuatractual Services
a 12 , 03) . 00
GLitli.�`i_:ivi (::a'i'ii�3. `!1'U�_ .:v t'C.v� (CIGARETTE TAX)
is 1�;3I1E'�=`_IEo st:-,,dj Ui the O—tL:`_1sii)il
of Industrial Road
i axpayerrs appear ng at :u •-i mpe -.Ia`, iave a to be �earc] -i,
The adu' lioi?al �_plro;P,s as ray !Iw re?erred to SCa-e
Board of Tax Gom'i'!>>sl0nCY's., whiC;1 B;-yard, U-CM rc
iaearir:g vrithii! fitctie? days ai _v4tr, :t�uii�y ",uai said C nty,
or Lit such otner I) : ace its !':!ay be des i qff ited. 1 C `,ucn ',,ear-inq te, { ),','v` rs
objecting -cc any of Such additional i-,Jy bi, hC ty'' r1,E,- ePit�r,
taxpayers may inquire -,)f the CM,11ty AL!,'] tM- sjch hearina
will be held.
Pub 1-11sh:
April 4 and ll, 1978 Del i v` . -, , .. y - ---
rlecei v ')y
Date e i ved:
�� `�
STATE OF INDIANA )
COUNTY OF WAYNE
oath, disposes and says-,
SS PROOF OF POSTING OF ADDITIONAL APPROPRIATIONS
, City Clerk being first duly sworn upon her
That she did, on the 4thday of April , 1978 , post in three
public places in the City of Richmond, Indiana, a copy of the Notice
to Taxpayers of a publ i c hearing to be held on May 1st 19 78
on the matter of additional appropriations. Said notice was in the
form attached hereto, and was posted in the following places.
1. City Hall
2. Wayne County Courthouse
3. Promenade
' 3'�"
'-
City -Clerk
Subscribed and sworn to before me, a Notary Public, this _
day of !A c _, 19 ?�.
ot, Public
My commission expires: