ORDINANCE 1599
AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.04, OF THE CODE OF ORDINANCES OF THE CITY OF BLUFFTON, INDIANA
WHEREAS, the Common Council (“Council”) of the City of Bluffton, Indiana (“City”) has authority under the Acts of the Indiana General Assembly to make all necessary regulations for the preservation of the rights, property, health, safety and welfare of its citizens;
WHEREAS, the Council has discussed changing the meeting dates for the Council to schedule regular meetings on the first and third Tuesdays of each month, to commence at 5:30 p.m., as well as other provisions of Title 2, Chapter 2.04 of the City’s Municipal Code in order to bring the Code up to date;
WHEREAS, the Council now finds that the interests of the citizens of the City would be best served by amending Title 2, Chapter 2.04 of the City’s Municipal Code, to, among other items therein addressed, schedule regular meetings of the Council on the first and third Tuesdays of each month to begin at 5:30 p.m.
WHEREAS, Exhibit A attached to this Ordinance depicts the amendments and changes to be made to Title 2, Chapter 2.04.
WHEREAS, the Council desires that the changes made by this Ordinance as to the time for the regular Council meetings not begin until January 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BLUFFTON, INDIANA, AS FOLLOWS:
Section 1: Title 2, Chapter 2.04 of the City’s Municipal Code of Ordinances is hereby amended and replaced in its entirety with “Exhibit A” attached to this Ordinance.
Section 2: All prior Ordinances which conflict with this Ordinance are hereby repealed.
Section 3: This Ordinance shall take effect immediately upon adoption by the Common Council, approved by the Mayor and publication as required by law. Provided, however, the change in the meeting time for regular meetings of the Council shall not take effect until January 1, 2024.
Adopted by the Common Council of the City of Bluffton, Indiana, 17th day of October, 2023, by the following vote:
AYES 4, to-wit: NAYS 0, to-wit:
Rick Elwell
Scott Menzer
Janella Stronczek
Josh Hunt
ABSENT 1, to-wit:
Chandler Gerber
Mayor John S. Whicker,
Presiding Officer
ATTEST:
Tamara D. Runyon,
IAMC, MMC, CPFA
City Clerk-Treasurer
Presented by me to the Mayor of the City of Bluffton, Indiana, at 6:30 o’clock p.m. on the 17th day of October, 2023.
Tamara D. Runyon,
IAMC, MMC, CPFA
City Clerk-Treasurer
Approved by me on the 17th day of October, 2023.
Mayor John S. Whicker
EXHIBIT A
To Ordinance No. 1599
CHAPTER 2.04 ADMINISTRATIVE ORGANIZATION OF CITY
2.04.010 ORGANIZATION
The Government of the City of Bluffton shall consist of five (5) branches, as follows:
A. Executive Branch, LC. § 36-4-5;
B. Legislative Branch, LC. § 36-4-6;
C. Fiscal Branch, LC. § 36-4-10;
D. Judicial Branch, LC.§ 33-10.1-1.3; and
E. Statutory Boards and Commissions.
2.04.20 EXECUTIVE BRANCH
The City Executive Branch is hereby established and shall consist of the Mayor, the Board of Public Works and Safety, the Department of Law, and any other boards or commissions established by ordinance or resolution, each with the appropriate powers and duties as designated in this Code, the enabling ordinance or resolution, or by the State Legislature.
2.04.21 MAYOR
The Mayor is the City executive and the head of the Executive Branch. He or she shall faithfully perform the duties and responsibilities as set out in LC. § 36-4-5 as well as all other applicable statutes of the State of Indiana.
2.04.22 BOARD OF PUBLIC WORKS AND SAFETY
There is hereby established a Board of Public Works and Safety within the Executive Branch. The 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. Utilities Department (consisting of the acquisition of electrical power and the maintenance of a distribution system, sewage collection and disposal system, the waterworks system, and storm water maintenance and control),
D. Street Department, and
E. Building Department.
2.04.23 DEPARTMENT OF LAW
There is hereby established a Department of Law pursuant to I.C. § 36-4-9-11 and 12, consisting of the City Attorney. The City Attorney shall represent all departments, boards and commissions operating on behalf of the City and he or she shall be a licensed, practicing attorney, admitted to and in good standing with the Indiana Bar, and a resident of Wells County. Deputy attorneys shall be employed as needed. The appointed City Attorney may be an employee of the City or an independent contractor, as determined by the Mayor under Section 2.04.025.
2.04.24 POWERS AND DUTIES
Subject to the appropriation power of the Common Council, the above and foregoing departments shall have the ability to hire such employees, and purchase or contract for such materials or services, as the Board of Public Works and Safety or other governing board or commission deems necessary to perform their public functions.
2.04.25 APPOINTMENT TO BOARD OF PUBLIC WORKS AND SAFETY OR DEPARTMENT HEAD
The members of the Board of Public Works and Safety are the Mayor and two persons who shall be chosen by the Mayor in accordance with the law of Indiana and who shall serve at his or her pleasure. The Chiefs of Police, the Chief of the Fire Department, and the heads of the Department of Law, Utilities, Building Department, Street Department are appointed by the Mayor and serve at his or her pleasure.
2.04.30 LEGISLATIVE BRANCH
The Legislative Branch of the City of Bluffton is the Common Council. The Common Council shall have exclusive authority to adopt ordinances and resolutions, appropriate tax monies received by the City, and to perform other necessary and desirable legislative functions.
2.04.31 CLERK OF THE COUNCIL
The Clerk-Treasurer shall be the Clerk of the Council and shall perform the duties prescribed by I.C. § 36-4-6-9 and such other duties as the Council may direct, and shall prepare the memorandum of the Council meeting pursuant to the requirements of IC 5-14-1.5-4.
2.04.32 REGULAR MEETING DATE, TIME AND PLACE; SPECIAL MEETINGS
The Common Council shall hold its first meeting of the year on the first Tuesday in January. Thereafter, the regular meeting date, time and place for the Common Council shall be at 5:30 o’clock P.M. on the first and third Tuesday of each month in the Common Council Chambers in the City Building, unless proper notice of a regular meeting provides for a different time and/or location. Provided, however, if the immediately preceding meeting of the Board of Public Works and Safety is not concluded by 5:30 p.m., the regular meeting of the Common Council shall commence upon the conclusion of the meeting of the Board of Public Works and Safety. Special meetings of the Common Council shall be held when called by the Mayor or as provided by the rules of the Common Council.
2.04.33 PRESIDING OFFICER OF THE COUNCIL
The Mayor or, in the absence of the Mayor, the president pro tempore of the Council shall be the presiding officer of the Council pursuant to I.C. § 36-4:6-8 and meetings shall be conducted pursuant to the applicable statutes: I.C. §§ 36-4-6-10 through 36-4-6-17, and in accordance with the following rules:
A. Order of Business: The order of business to be followed at the meeting of the Common Council shall be as follows:
1. Call to order and roll call,
2. Invocation,
3. Reading, if not previously circulated among the Council members, and approval of minutes of the previous meeting,
4. Unfinished business,
5. New business, including introduction of ordinances and resolutions,
6. Comments from Council members or citizens,
7. Adjournment.
B. Contempt and Disorder in Council Room: No person shall use violent or contemptuous language, behave in a disorderly, disrespectful or boisterous manner, or otherwise refuse to obey the orders of the Mayor or presiding officer in the Council room while the Council is in session. The Mayor or presiding officer may order the removal from the Council room anyone who disturbs the decorum of a Council meeting.
C. Introduction and Adoption of Ordinances and Resolutions:
1. All proposed ordinances shall be delivered to Council members, together with a copy of the agenda for the meeting at which the ordinance is to be introduced at least seventy-two (72) hours prior to the meeting, except in situations in which an emergency exists or other circumstances prevent delivery prior to the meeting. The failure to deliver a proposed ordinance to the Council seventy- two (72) hours prior to the meeting does not, by itself, void the ordinance if the Council adopts the proposed ordinance at the meeting at which the ordinance was introduced following the procedure required by the following Subsection 2.
2. A majority of all elected Council members constitutes a quorum. To be considered, all ordinances must be introduced at a meeting of the Council. If the ordinance was not presented to the Council members at least seventy-two (72) hours prior to the meeting, the ordinance must be read not less than one time before being considered for final passage. This reading must take place at the meeting at which the ordinance was introduced. A majority vote of the elected Council members at a meeting at which a quorum exists is required to pass an ordinance, unless a greater vote is required by Indiana law. An ordinance may be introduced and passed on the same day if the following procedure as provided in LC. §36-4-6-13 is followed: A quorum of the Council is present; Council members present must unanimously consent to consider the ordinance; and two-thirds (2h) of all elected Council members must vote to adopt the ordinance.
3. Resolutions shall be subject to the same rule in the method of introduction as ordinances, but may be considered and adopted at the meeting at which the resolution was introduced upon one vote receiving the approval of a majority of the Council members present at a meeting at which a quorum of Council members are present.
4. On final passage of any ordinance, the ayes and nays shall be entered in the record, and the ordinance shall be processed in accordance with LC. §§ 36-4-6- 14 through 36- 4-6-17.
5. This shall be the procedure for adoption of ordinances and resolutions by the Council unless Indiana law requires a different procedure.
D. Questions of Order: The Mayor or presiding officer shall decide all questions of order pursuant to the rules set forth in this ordinance, or where this ordinance does not provide for said question of order, according to Robert Rules of Order.
E. Suspension of Rules: The Presiding Officer may change the order of business from that as required in 2.04.033 A.
5. Abstentions: Abstentions from voting, except in situations where the abstention results from a Council member’s determination, made and announced prior to the vote, that he or she will not vote on the question due to a conflict of interest, will be recorded as such, and will not be counted in the tallying of the vote unless it is necessary to break a tie, in which case an abstention will be considered a nay vote. Abstentions resulting from conflicts of interest will not be considered in determining the vote. Abstentions will not affect the determination of a quorum.
2.04.34 COMMON COUNCIL
The Common Council shall be comprised of five (5) members, four (4) of whom are elected from distinct districts and one (1) of whom is elected by the voters of the City at large. Redistricting of council districts shall be done in 1982 and every ten (10) years thereafter in accordance with LC. §§ 36-4-6-4 and 36-4-6-5. Commencing with the election to be held in 2023 for a Common Council to be seated January I, 2024, the Common Council shall be comprised of seven (7) members, five (5) of whom are to be elected from distinct districts and two (2) of whom are to be elected by the voters of the City at large.
2.04.50 FISCAL BRANCH
The Clerk-Treasurer is the fiscal officer of the City and the head of the fiscal branch. He or she shall perform the duties assigned by LC. § 36-4-10 and such other duties as the Common Council may, by ordinance, require.
2.04.51 APPOINTMENT OF CITY CLERK EMPLOYEES
The Clerk-Treasurer is hereby authorized, pursuant to LC. § 36-4-11-4, to appoint deputies and employees as authorized by the Common Council. Such deputies or employees shall work under the exclusive direction of the Clerk-Treasurer and serve at the pleasure of the Clerk-Treasurer.
2.04.52 WORKING RELATIONSHIPS – CITY CLERK
The Clerk-Treasurer shall furnish space within his or her office for the financial, administration and other records of the City. The various deputy clerks or other employees of the Clerk-Treasurer needed to manage the bookkeeping and administrative requirements of the Clerk-Treasurer’s office as authorized by the Council shall be appointed by the Clerk-Treasurer. The deputy clerks serve at the pleasure of the Clerk-Treasurer.
2.04.53 WORKING RELATIONSHIPS- CITY UTILILTIES
The Director of Utilities shall furnish space within his or her office for the administration and records of the City’s utility departments. The various utility clerks needed to manage the bookkeeping and administrative requirements of the utilities department shall be appointed and compensated by the Board of Public Works and Safety. The utility clerks serve at the pleasure of the Board of Public Works and Safety.
2.04.060 JUDICIAL BRANCH
There is hereby established effective January I, 1984, a City Court of Bluffton to be headed and operated by a City Judge elected and seated pursuant to LC. § 33-10.1-1-3.
CHAPTER 2.20 STATUTORY BOARDS AND COMMISSIONS
2.20.010 PARKS AND RECREATION BOARD
There is hereby established a Park and Recreation Board established pursuant to LC. § 36-10-3 and having the power, duties and responsibilities as set forth therein.
2.20.020 DEPARTMENT OF ECONOMIC DEVELOPMENT
There is hereby established a Department of Economic Development consisting of the Economic Development Commission organized under LC. § 36-7-12 and having the powers, duties and responsibilities as set forth therein.
2.20.030 THE DEPARTMENT OF REDEVELOPMENT
The Department of Redevelopment, as established by Ordinance No. 1248, passed August 22, 2006, is hereby confirmed. The Department of Redevelopment shall consist of a Redevelopment Commission to be organized under and shall possess the powers enumerated in LC.§ 36-7-14 and 25.
2.20.040 POLICE PENSION BOARD OF TRUSTEES
There shall be a Police Pension Board of Trustees to perform certain duties prescribed by LC. § 36-8-6 (1925 Fund) and LC. § 36-8-8 (1977 Fund) concerning the statutory pensions of city police.
2.20.050 FIREFIGHTERS PENSION BOARD OF TRUSTEES
There shall be a Firefighters’ Pension Board of Trustees to perform certain duties prescribed by LC. § 36-5-7 (1925 Fund) and LC. § 36-8-5 (1977 Fund) concerning the statutory pensions of city firefighters.
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