|TITLE III: ADMINISTRATION|
CHAPTER 30: TOWN COUNCIL
|30.01||Members, terms, and duties|
|Rules of Order; Ordinances|
|30.15||Rules of order|
|30.16||Decorum and debate|
|30.23||Determination of results of voting|
|30.24||Roll call votes|
|30.26||Recordation; proof of recordation|
|30.30||Introduction of ordinances|
|Town Council Elections|
|30.51||Terms of members|
|30.53||Town elections not coinciding with general elections|
|30.54||Adoption of ordinance under I.C. 3-10-6-2.5|
|30.55||Term and time of election of municipal officers; requirement; repeal|
|30.56||Conduct of elections|
|30.57||Dates of elections; when election not required|
|30.58||Town election board|
|30.59||Deputy election commissioners|
|30.60||Election materials, supplies, and equipment|
|30.61||Precinct election boards|
|30.62||Poll clerks; assistant poll clerks|
|30.65||Nominations for judge, election sheriff, poll clerk, and assistant poll clerk|
|30.67||Challengers; pollbook holders|
|30.68||Registered voter lists|
|30.69||Furnishing of election equipment by county election board|
|30.71||Canvassing of votes|
|30.72||Certificates of election|
|30.73||Appeal of election decisions|
|Ord. 2002-06, Primary Elections|
§ 30.01 MEMBERS, TERMS, AND DUTIES.
(A) The legislative body for the town shall be elected at large and shall be referred to in this code as the “Town Council” or “Council.”
(B) The term of office of each Council member shall be four years, beginning at noon on January 1 after the election on which the Council member is elected to office, and shall continue until a successor is elected and qualified.
(C) At the first meeting of the Town Council, for each calendar year, the Council shall select one of its members to serve as its President for a term of one year, commencing on the date of that meeting and running until the date of the first Council meeting on the following calendar year.
(D) The Town Council shall:
(1) Adopt ordinances and resolutions for the performance of functions of the town;
(2) Conduct public hearings, at least one time per month, or as necessary to carry out the business of the town or to perform the functions of the town;
(3) Enter into agreements or contracts on behalf of the town with any other local government or government agency, state government or government agency, federal government or government agency, foreign government or private entity unless otherwise prohibited by state or federal law;
(4) Create departments, boards or committees, appoint persons to those departments, boards or committees and hire employees as necessary to carry out the ordinances and resolutions enacted by the Council, maintain town property or otherwise assist the Council in performing the functions of the town as needed;
(5) Purchase, hold and convey any interest in property for the use of the town; and
(6) Oversee, direct and regulate the public utilities, if any, owned by the town.
(E) The President of the Council shall perform the following duties:
(1) Preside over all meetings, preserve order and decorum and decide all questions of order subject to appeal to the Council;
(2) Call all necessary special or emergency meetings of the Council; and
(3) Sign all ordinances and resolutions passed by the Council before submitting the ordinance or resolution to the Clerk/Treasurer for publication in the code.
(`96 Code, § 2.0-1) (Am. Ord. 2000-12-1, passed 12-5-00)
§ 30.02 MEETINGS; NOTICE.
(A) (1) Any regular meeting of the Town Council is subject to the State Open Door Law (I.C. 5-14-1.5). All meetings, except executive sessions, are open to the public, and must be held in a forum conducive to public observation and participation. An open Town Council meeting cannot be recessed to go into executive session and then be reconvened.
(2) Public notice will be published that the Council will meet in regular session at 7:00 p.m. once per month on the first Tuesday of each month.
(3) If a regularly scheduled meeting falls on a holiday, the meeting shall be held at another time as shall be determined by the Council at the immediately preceding meeting. If a meeting is canceled due to weather conditions or other emergencies, the meeting shall be held on the next available Tuesday or Thursday evening of the month.
(4) Special meetings shall be held upon the call of any Council member. However:
(a) It is the duty of the person calling the meeting to notify the Clerk/Treasurer in writing in time to reasonably permit the Clerk/Treasurer to prepare and serve public notice of the meeting and to serve notice to all Council members to allow them to be present at the meeting.
(b) Only matters as are specifically stated in the written call for the meeting will be addressed, considered or acted upon at the meeting.
(c) In addition to the notice specified herein, notice of any special meeting must be posted at the normal meeting place at least 48 hours before the meeting indicating the time and place of the special meeting.
(`96 Code, § 2.1-1)
(B) (1) Each year, no later than 48 hours before the first meeting of that year, the Clerk/Treasurer shall:
(a) Publish in a newspaper of general circulation in the town a notice of all regularly scheduled meetings for the coming year;
(b) This shall include:
1. The date of each meeting;
2. The time of each meeting; and
3. The location of each meeting.
(2) Any meeting of the Town Council is subject to the State Open Door Law (I.C. 5-14-1.5). The Open Door Law requires that a written agenda be posted at a conspicuous location.
(3) If a meeting is to be changed after the date of the publication, it shall not be necessary to publish notice of the new date of the meeting but the Clerk/Treasurer is to post the change of the meeting at the regular meeting place at least 48 hours before the change indicating the date, time and place of the change.
(4) In the case of a bona fide emergency, the 48-hour period specified herein may be waived. However, notice must be posted at the meeting place as soon as possible.
(`96 Code, § 2.1-2)
§ 30.03 EXECUTIVE SESSIONS.
(A) The Council may hold executive sessions, as set forth in I.C. 5-14-1.5.
(B) That section is hereby incorporated by reference into this code as if fully set forth herein.
(C) Since the Town Council exercises both legislative and executive powers, there will be an exception to the notice requirement. The Town Council need not give notice for meetings held solely for administrative purposes. The meetings cannot involve awarding contracts or make any commitment creating a town obligation.
(D) The Open Door Law shall not apply to executive sessions.
(`96 Code, § 2.1-3)
RULES OF ORDER; ORDINANCES
§ 30.15 RULES OF ORDER.
The following order of business shall normally be observed by the Town Council at its regular meetings:
(A) Call to order;
(B) Roll call of members;
(C) Minutes; (The Clerk/Treasurer will read the minutes of the preceding Council meeting. The presiding officer will ask for corrections and if none, approval.)
(D) Agenda; and (An agenda of topics to be discussed will be prepared by the Clerk/Treasurer to be used at each meeting. A copy of the agenda is to be posted in clear view before the start of each meeting. Only items on the agenda will be discussed. This is to assure a time limitation to each meeting and so as not to disrupt the orderly function of the meeting. Any item not on the agenda can be immediately reviewed and discussed if the discussion of the item is approved by the majority of Council members. Any item not on the agenda and not approved for immediate discussion will be submitted to the Clerk/Treasurer orally or in writing, at the Clerk/Treasurer’s discretion, to be placed on a future agenda. The party or parties requesting an item be placed on a future agenda will be notified at least 48 hours in advance of the date of placement of when the item will be on the agenda.)
(E) Communications will be in the following order:
(1) From members of the public, including petitions;
(2) From other officers, boards or commissions;
(3) From the Town Attorney;
(4) From the Clerk/Treasurer;
(5) Reports from Council members or committees;
(6) Unfinished business;
(7) Introduction of ordinances and resolutions;
(8) Miscellaneous business, any item not already considered;
(9) Claims; and (The Clerk/Treasurer will present any claims against the town for approval or disapproval. No claim may be processed without the written approval of the presiding Council member.)
(`96 Code, § 2.1-4)
§ 30.16 DECORUM AND DEBATE.
(A) When a Council member is about to speak or present any matter to the Town Council, he or she shall respectfully address himself or herself to the presiding officer, and on being recognized, may address the Council, and shall confine himself or herself to the question in debate and shall avoid references to personalities.
(B) No Council member shall speak more than twice on the same question without leave of the Council, and no more than once until every Council member choosing to speak shall have spoken. All speeches shall be limited to five minutes, unless further time is granted by the Council. Time consumed in answering questions shall not be considered as part of the speaker’s time.
(C) When two or more Council members request to be heard at the same time, the presiding officer shall decide which shall speak first.
(D) During regular sessions, while the presiding officer is putting a question or addressing the Council, or when any member is speaking, no member shall engage in any private conversation or walk across or leave the room without the permission of the presiding officer.
(E) No Council member shall impugn the motive of any other.
(F) Any Council member may change his or her vote before the announcement of the result by the presiding officer.
(G) If any Council member fails to follow these rules of decorum on debate, he or she shall be subject to a point of order addressed to the presiding officer.
(`96 Code, § 2.1-6)
§ 30.17 MOTIONS.
(A) When any motion is made, it shall be stated by the presiding officer, be in writing and it shall be handed to the Clerk/Treasurer and read aloud, after which debate thereon shall be in order, and it shall be entered upon the journal with the name of the Council member(s) making it, unless it is withdrawn at the same meeting.
(B) Every motion shall be reduced to writing, except the following: motions for the previous question, to adjourn, to adjourn to a day certain, to recess, to reconsider at the same meeting, to lay on the table, to hold to a day certain, to commit, to suspend the rules, to concur, to approve, to make a matter of record, to place on file, to refer to committee and to place on passage. Every other motion not so reduced to writing shall be out of order.
(C) Any ordinance or resolution held to a day certain shall automatically be placed on the agenda for that date.
(D) Any motion or resolution which in effect contemplates a violation of law, or is in conflict with any ordinance, shall be out of order.
(E) A motion to adjourn cannot be reconsidered.
(F) Any matter laid on the table may be taken from the table by a vote of the Council at any meeting after the meeting at which it is tabled.
(G) Motions to “reconsider” and “that when the Council adjourn, it adjourn to meet on a day certain” are privileged questions and are debatable.
(H) Any business which by law or necessity must or should be transacted within or by a certain time will be considered a question of privilege.
(I) A motion to “suspend the rules” is a privileged question is not debatable and cannot be amended, except to the acceptance of the mover, and shall require the affirmative vote of a majority of the members of the Council being present and voting.
(J) All motions will need to be seconded. The presiding Council member will:
(1) Restate the motion;
(2) Call for comments;
(3) Put the question;
(4) Take the vote; and
(5) State the results.
(`96 Code, § 2.1-7)
§ 30.18 QUESTIONS.
The motion for a “previous question” shall preclude all other motions or amendments, except to adjourn. If the motion is sustained, the President shall at once put the question, first upon the pending amendments in their order, then upon the main question.
(`96 Code, § 2.1-8)
§ 30.19 RECONSIDERATION.
When any question has once been decided, any Council member voting with the prevailing side may move for a reconsideration of the issue at the same or next regular meeting. No motion shall be introduced at the next regular meeting unless the Council member intending to make the motion shall give written notice of the intention to the other Council members and to the Clerk/Treasurer prior to the next scheduled meeting.
(`96 Code, § 2.1-9)
§ 30.20 DIVISIONS.
Any Council member may demand the division of a question when the question is capable of division.
(`96 Code, § 2.1-10)
§ 30.21 INTRODUCTION.
No matter or proposition of a subject shall be admitted under cover of an amendment.
(`96 Code, § 2.1-11)
§ 30.22 QUORUM.
A quorum shall consist of a majority of all members or members-elect of the Council. No ordinance, order, amendment, motion or resolution shall take effect until passed by a vote of the majority of the members or members-elect, unless a greater vote is required by statute.
(`96 Code, § 2.1-12)
§ 30.23 DETERMINATION OF RESULTS OF VOTING.
The President of the Council shall decide whether any question is carried by affirmative or negative vote. If in doubt or if a roll call vote be demanded, the Council shall decide by roll call vote.
(`96 Code, § 2.1-13)
§ 30.24 ROLL CALL VOTES.
(A) All votes upon the passage of ordinances, orders, amendments and resolutions, upon motions to suspend the rules or motions to reconsider, shall be by roll call, or by voice vote.
(B) Upon a roll call vote on any question, after any one Council member shall have voted, it shall not be in order for any Council member to offer remarks, except in explanation of his or her vote, which he or she may do simultaneously with the casting of his or her vote.
(C) Any Council member may demand a roll call vote upon any question to be voted upon by the Council. When a demand is made, the Clerk/Treasurer shall call the roll.
(`96 Code, § 2.1-14)
§ 30.25 PUBLIC HEARINGS.
At least one public hearing shall be held on all proposed ordinances and resolutions of general applicability. Due notice of the hearing shall be provided in the manner set forth in this code of ordinances.
(`96 Code, § 2.2-3)
§ 30.26 RECORDATION; PROOF OF RECORDATION.
All ordinances passed by the Town Council shall be recorded by the Clerk/Treasurer. The original shall be filed in the Office of the Clerk/Treasurer and due proof of publication of all ordinances shall be attested by the Clerk/Treasurer upon the face of the ordinance.
(`96 Code, § 2.2-4)
§ 30.27 EFFECTIVE DATE.
(A) Any ordinance, passed by the Town Council, requiring publication shall take effect from and after the due publication thereof in the manner prescribed by I.C. 5-3-1. If the ordinance declares an emergency requiring its immediate effectiveness, it will become effective after it is posted in at lease one public place in each legislative district in the town.
(B) Any ordinance, passed by the Town Council, not requiring publication shall take effect from the date of its signing by the President of the Town Council. Those requiring publication are only those ordinances that include a penalty for violations.
(`96 Code, § 2.2-5)
§ 30.28 PUBLIC RECORDS.
(A) The Town Council shall abide by the Access to Public Records Act (I.C. 5-14-3).
(B) Public records are any writing, paper, study, map, photograph, book, card, tape recording or other material that is created, received, retained, maintained, used or filed by the town. The general public may, with 24-hour notice, inspect and copy any record, except:
(1) Records declared confidential by federal or state statue;
(2) Trade secrets or confidential commercial information;
(3) Work products of the Town Attorney appointed to work for the municipality;
(4) Personal notes, diaries or journals;
(5) Records specifically prepared for discussion in an executive session;
(6) Internal memoranda, which are expressions of opinion or deliberative material generated for the purpose of decision making;
(7) Personnel records of employees;
(8) Administrative or technical information which if released could jeopardize a record keeping or security system;
(9) Law enforcement records; and
(10) Computer files, programs, codes and systems.
(C) Individuals who desire to inspect a public record must identify with reasonable particularity the record requested. Individuals may not check through public records at random.
(D) Any request for inspection of a record must be in writing. Any citizen denied access to a record may file action in circuit or superior court to determine if the denial was warranted. The municipality has 24 hours to reconsider the request before the citizen can file an action. The citizen must inform the Clerk/Treasurer within 24 hours of the impending suit.
(E) If a person requests a public record by mail, the municipality has seven days from the date of receipt of the request to respond. If there is no response from the Clerk/Treasurer in seven days, the request is considered denied. The town is not responsible for lost, stolen or misdirected mail.
(F) If the request is made in writing and submitted personally, the denial must also be in writing and must contain the specific reason for the denial and the name and title of the official making the denial.
(`96 Code, § 2.2-6)
§ 30.29 ORDINANCE CLASSES.
Ordinances shall be of four distinct classifications:
(A) Town ordinances limited to the government of the town;
(B) Appropriation ordinances limited to the appropriation of funds;
(C) Special ordinances limited to contracts and business affairs of the town; and
(D) Zoning map ordinances limited to amendments of the town zoning map.
(`96 Code, § 2.2-1)
§ 30.30 INTRODUCTION OF ORDINANCES.
(A) A Council member may introduce a proposed ordinance, order, amendment, motion or resolution for consideration at a meeting, provided that the member provides a written copy of the proposed ordinance, order, amendment, motion or resolution to the Clerk/Treasurer no later than 48 hours before the meeting.
(B) The Clerk/Treasurer shall distribute a copy of the proposal to the other Council members at least 24 hours before the meeting.
(`96 Code, § 2.2-2)
(C) The Town of Leo-Cedarville hereby adopts the following procedures that said Council must follow before it may adopt any proposed ordinance:
(1) Every proposed ordinance must be introduced in writing.
(2) Any required public notice shall include an appropriate notice in the “East Allen Courier” newspaper.
(3) The introducing Council member of an ordinance must make every proposed ordinance available to each Council member no less than seven (7) days prior to its placement on the next meeting agenda for a ratification vote and final adoption. The timely placement of a draft copy, in final form, appropriately placed in each Council member’s assigned mailbox in the Town Hall shall serve to meet this communication requirement.
(4) The Council, or its designee, must publish a copy of every proposed ordinance on the town’s Internet site no less than seven (7) days prior to its placement on the next meeting agenda for a ratification vote and final adoption.
(5) A Council member, or Council designee, must read every proposed ordinance aloud in its entirety on both its first and final readings, unless all present Council members unanimously consent to the waiver of a complete reading. A final reading of a proposed ordinance shall occur immediately prior to Council voting to ratify and adopt an ordinance.
(Am. Ord. 2008-1, passed 2-5-08).
TOWN COUNCIL ELECTIONS
§ 30.50 LEGISLATIVE AUTHORITY.
The Town Council elected under I.C. 3-10-7 is the town legislative body. The President of the Town Council selected under I.C. 36-5-2-7 of this chapter is the town executive.
§ 30.51 TERMS OF MEMBERS.
(A) Except as provided in divisions (B), (C), (D), (E), or (F), the term of office of a member of the Town Council is four years, beginning at noon January 1 after the member’s election and continuing until the member’s successor is elected and qualified.
(B) The term of office of a member of the Town Council appointed to fill a vacancy resulting from an increase in the number of Town Council members under I.C. 36-5-2-4.2:
(1) Begins when the ordinance increasing the number of Town Council members takes effect, or when the member is appointed under I.C. 3-13-9-4, if the appointment is made after the ordinance takes effect; and
(2) Continues until noon January 1 following the next municipal election scheduled under I.C. 3-10-6-5 or I.C. 3-10-7-6 (§ 30.57(A) and (B) of this chapter) and until the member’s successor is elected and qualified.
(C) The term of office of a Town Council member elected under IC 36-5-1-10.1 following the incorporation of the town:
(1) Begins at noon November 30 following the election; and
(2) Continues until noon January 1 following the next municipal election scheduled under I.C. 3-10-6-5 or I.C. 3-10-7-6 and until the member’s successor is elected and qualified.
(D) The term of office of a Town Council member subject to I.C. 3-10-6-2.5(d)(1) is three years, beginning at noon January 1 after the member’s election and continuing until the member’s successor is elected and qualified.
(E) The term of office of a Town Council member subject to an ordinance described by I.C. 3-10-6-2.6 is one year, beginning at noon January 1 after the member’s election and continuing until the member’s successor is elected and qualified.
(F) The term of office of a Town Council member subject to an ordinance described by I.C. 3-10-7-2.7 (§ 30.55 of this chapter) is three years if the member is elected at the next municipal election not conducted in a general election year; and four years for the successors of a Town Council member described in subdivision (B)(1); beginning noon January 1 after election and continuing until a successor is elected and qualified.
§ 30.52 DEFINITION.
For the purpose of this sub chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
APPOINTED MEMBER. The member of a town election board who is also the town chairman of a major political party appointed under I.C. 3-8-5-3.
§ 30.53 TOWN ELECTIONS NOT COINCIDING WITH GENERAL ELECTIONS.
Except as provided in I.C. 3-10-7-4 (§ 30.56(B) of this chapter), the town election board established under this chapter shall conduct elections for town offices that do not coincide with a general election.
§ 30.54 ADOPTION OF ORDINANCE UNDER I.C. 3-10-6-2.5.
The town may adopt an ordinance under I.C. 3-10-6-2.5, if the town has not adopted an ordinance under I.C. 18-3-1-16(b) (before its repeal on September 1, 1981) or P.L.13-1982, Section 3 (before its expiration on January 1, 1988).
§ 30.55 TERM AND TIME OF ELECTION OF MUNICIPAL OFFICERS; REQUIREMENT; REPEAL.
(A) The town may adopt an ordinance during the year preceding a municipal election conducted under I.C. 3-10-7-2 (§ 30.53 of this chapter) prescribing the length of the term of office for municipal officers and changing the time municipal elections are held.
(B) The ordinance described in division (A) of this section must provide all of the following:
(1) The Town Council members, Clerk-Treasurer, or judge elected at the next municipal election not conducted in a general election year serve a term of three years.
(2) The successors of the Town Council members, Clerk-Treasurer, or judge described in subdivision (B)(1) shall be chosen at the second general election following the municipal election and serve a term of four years.
(3) The municipal elections for town offices shall be held during a general election.
(C) The town may repeal an ordinance adopted under division (A) of this section subject to both of the following:
(1) The ordinance may not be repealed earlier than 12 years after the ordinance was adopted.
(2) The ordinance may be repealed only in a year preceding a municipal election held at the time described in I.C. 3-10-6-5.
§ 30.56 CONDUCT OF ELECTIONS.
(A) Town Council elections coinciding with general elections. If the town has established staggered terms for its town council, or has adopted an ordinance under I.C. 3-10-7-2.7 (§ 30.55 of this chapter), the county election board shall conduct a municipal election in the town that coincides with a general election.
(B) Town and county election board agreements. The county election board and the town may enter into a written agreement providing that the county election board will conduct a municipal election in the town. However, the town shall continue to nominate candidates by convention conducted under I.C. 3-8-5 or by petition filed under I.C. 3-8-6. An agreement may not be entered into after July 1 of a year in which a municipal election is to be held in the town.
§ 30.57 DATES OF ELECTIONS; WHEN ELECTION NOT REQUIRED.
(A) A municipal election conducted under this chapter shall be held at the time prescribed by I.C. 3-10-6.
(B) An election may not be held for a municipal office if:
(1) There is only one nominee for the office; and
(2) No person has filed a declaration of intent to be a write-in candidate for the office under I.C. 3-8-2-2.5.
(C) An election may not be held for a municipal office if:
(1) An election is not required under I.C. 3-10-7-6 (division (A) of this section); and
(2) The approval or rejection of a public question is the only other vote that may be cast on the ballot at the municipal election.
§ 30.58 TOWN ELECTION BOARD.
(A) Establishment; membership.
(1) A town election board consisting of three members is established by statute in the town unless the town has entered into an agreement with the county election board under I.C. 3-10-7-4 (§ 30.56(B) of this chapter);
(2) The town election board consists of the following three members:
(a) The town chairman of each of the major political parties appointed under IC 3-8-5-3.
(b) The Town Clerk-Treasurer.
(B) Officers. The members of the town election board shall select one of the appointed members to serve as chairman. The Town Clerk-Treasurer shall serve as secretary of the board.
(C) Call of meetings. The town election board shall hold meetings on call of the chairman whenever necessary to perform its duties. If the chairman refuses, fails, or is unable to call a meeting, the two remaining members may meet to perform the duties of the board.
(D) Minutes; voting records. Minutes of all town election board meetings and a record of the aye and nay vote of each member on all questions coming before the board shall be kept.
(E) Supervision of elections. The town election board shall conduct all elections for town offices that do not coincide with general elections and administer the election laws at those elections.
(F) Clerks, custodians, and other employees. The town election board may appoint and at its pleasure remove clerks, custodians, and other employees that are necessary to execute its powers. The board may prescribe the duties, fix the rank, and fix the salaries of its appointees.
(G) Audits of books. The books of the town election board shall be audited as are those of other town officials.
(H) Duties of Town Marshal. The town marshal, whenever called upon by the town election board, shall assist the board in the enforcement of the election laws and the discharge of its duties.
(I) Compensation of members. The Town Council shall determine the compensation of each appointed member of the town election board. The Town Council shall fix the compensation in the same manner as it fixes salaries.
(J) Powers and duties. Except as otherwise provided in this chapter, the town election board conducting a municipal election under this chapter, the Town Executive, the Town Clerk-Treasurer, and members of political parties in each town in which a municipal election is conducted under this chapter have the same rights and powers, shall perform the same duties, and are subject to the same qualifications and penalties as a county election board that is conducting a general election, or the county executive, circuit court clerk, or member of a political party in a town in which a general election is conducted by the county election board.
§ 30.59 DEPUTY ELECTION COMMISSIONERS.
(A) The town election board may appoint and at its pleasure remove deputy election commissioners. A deputy election commissioner appointed under this section must reside in the town. If a deputy election commissioner ceases to be a resident of the town, the person may not continue to serve as a deputy election commissioner of the town.
(B) The county chairman of each major political party who appointed the chairman of that political party’s town committee under IC 3-8-5-3 shall designate one-half of the deputy commissioners. Deputy election commissioners may assist the town election board in carrying out its duties in accordance with the rules adopted by the board.
§ 30.60 ELECTION MATERIALS, SUPPLIES, AND EQUIPMENT.
(A) All materials, supplies, and equipment that are to be paid for out of the town treasury shall be purchased as provided by statute and paid upon claims filed with the Town Clerk-Treasurer. The town election board must verify and approve the claims.
§ 30.61 PRECINCT ELECTION BOARDS.
(1) The town election board shall appoint a precinct election board for each precinct in the town.
(2) If a precinct is wholly or partly in the town, the town election board may designate the polls for the precinct to be at the polls for an adjoining precinct, using the precinct election board of the adjoining precinct.
(3) Each precinct election board consists of:
(a) One inspector; and
(b) Two judges of opposite political parties.
(4) The members of a precinct election board must be voters who reside in the town.
(B) Powers and duties. Except as otherwise provided in this chapter, a precinct election board for a municipal election has the same powers and duties, and is subject to the same qualifications and penalties, as a precinct election board appointed for a general election under IC 3-6-6-1.
§ 30.62 POLL CLERKS; ASSISTANT POLL CLERKS.
The town election board shall appoint two poll clerks, and may appoint two assistant poll clerks, of opposite political parties for each precinct in the town. Except as otherwise provided in this subchapter, the poll clerks and assistant poll clerks have the same powers and duties, and are subject to the same qualifications and penalties, as poll clerks and assistant poll clerks appointed for a general election under I.C. 3-6-6-2 and I.C. 3-6-6-3.
§ 30.63 ELECTION SHERIFFS.
(A) The town election board shall appoint two election sheriffs of opposite political parties for each precinct in the town. Except as otherwise provided in this chapter, the election sheriffs have the same powers and duties, and are subject to the same qualifications and penalties, as election sheriffs appointed for a general election under I.C. 3-6-6-5.
(B) The town election board may adopt a resolution providing that the judges of each precinct that is located wholly or partially in the town and that will contain no more than 250 registered voters on municipal election day shall perform the duties and have the rights of the election sheriffs of the precinct. This resolution remains in effect until repealed by the town election board.
§ 30.64 PRECINCT INSPECTORS.
The appointed member of the town election board who represents the major political party whose nominee received the highest number of votes in the county for Secretary of State at the last election may nominate one person to serve as inspector for each precinct in the town.
§ 30.65 NOMINATIONS FOR JUDGE, ELECTION SHERIFF, POLL CLERK, AND ASSISTANT POLL CLERK.
Each of the appointed members of the town election board may nominate one person to serve as a judge; one person to serve as an election sheriff, except in a precinct subject to a resolution adopted under I.C. 3-10-7-25 (§ 30.63 of this chapter); one person to serve as a poll clerk; and one person to serve as an assistant poll clerk, if assistant poll clerks are to be appointed for each precinct in the town.
§ 30.66 VACANCIES.
The town election board shall appoint the persons who are nominated under I.C. 3-10-7-26 and 3-10-7-27 (§§ 30.64 and 30.65 of this chapter). A vacancy in an office shall be filled by an appointment made upon the recommendation of the board member who nominated the original officer.
§ 30.67 CHALLENGERS; POLLBOOK HOLDERS.
Each political party that has a candidate on the ballot in a municipal election under this subchapter may appoint one challenger and one pollbook holder for each precinct in the town. These persons have the same powers and duties and are subject to the same qualifications and penalties as challengers and pollbook holders appointed under I.C. 3-6-7-1.
§ 30.68 REGISTERED VOTER LISTS.
(A) The circuit court clerk or board of registration of the county shall prepare copies of the list of registered voters for each precinct in the town at least ten days before a municipal election under this subchapter. The lists must include the full name, address, and assigned identification number of each voter. Two copies of the list shall be presented to the town election board for use at the polls on election day.
(B) Not later than 24 days before election day, the circuit court clerk or board of registration shall provide a list of registered voters in the town to the town election board to permit the board to conduct absentee ballot voting.
§ 30.69 FURNISHING OF ELECTION EQUIPMENT BY COUNTY ELECTION BOARD.
Upon request of the town election board, the county election board of each county in which the town is located shall furnish any available equipment that is necessary for a municipal election, including voting machines, ballot card voting systems, and electronic voting systems. The town shall pay the expense of moving the equipment to and from the polls and for any loss of or damage to the equipment.
§ 30.70 VOTING METHODS.
(A) The town election board shall determine what voting method will be used in a municipal election.
(B) The town election board and its precinct election officers shall perform the duties of the county election board and its precinct election officers under I.C. 3-11 for each voting method used.
(C) The town election board shall prepare the ballots in the form prescribed by I.C. 3-11-2 and distribute them to the precincts in the town.
(D) Notwithstanding division (C) of this section, the town election board, by unanimous consent of the board’s entire membership, may authorize the printing or reproduction of ballots on equipment under the control of the Town Clerk-Treasurer. If the town election board acts under this subsection, the ballots are not required to conform to the precise dimensions concerning the size of political party devices under I.C. 3-11-2-9 or the placement of a candidate’s name under I.C. 3-11-2-10(e). However, the ballots must otherwise substantially conform with I.C. 3-11-2.
§ 30.71 CANVASSING OF VOTES.
The town election board shall canvass the votes from a municipal election in the manner prescribed by I.C. 3-12-4.
§ 30.72 CERTIFICATES OF ELECTION.
(A) After completing the canvass of votes under I.C. 3-10-7-33 (§ 30.71 of this chapter), the town election board shall make out a certificate:
(1) Designating each office and public question;
(2) Stating the number of votes each candidate has received and cast for or against each public question; and
(3) Declaring the candidate receiving the highest number of votes for each office to be elected and the local public question approved or rejected if the question was placed on the ballot by the town election board.
(B) The town election board shall present the certificate to the Town Clerk-Treasurer, who may, upon the request of the candidate or a person entitled to request a recount of the votes cast on a public question, issue a:
(1) Certificate of election to each person elected; or
(2) Certificate declaring the local public question approved or rejected.
§ 30.73 APPEAL OF ELECTION DECISIONS.
(A) Any voter of the town who disagrees with a decision of the Town Clerk-Treasurer or the town election board under this chapter may appeal the decision to the county election board of the county containing the greatest percentage of population of the town before a municipal election under this chapter.
(B) The appeal must be in the form of a brief written statement setting forth the grounds of the appeal, together with any documents relevant to the matter.
(C) The county election board shall render a decision on the appeal within ten days after the board receives the statement.
CHAPTER 31: TOWN OFFICIALS AND EMPLOYEES
|31.03||Salaries and compensation|
|31.04||Vacancies in office|
|Ord. 2006-01, Town Maintenance Position|
|Ord. 2006-07, Personnel Policies|
§ 31.01 TOWN ADMINISTRATOR.
Editor’s Note: See Ordinance 2014-3, adopted 9/23/2014. The term “Town Administrator” shall be read to mean “Town Manager”.
A. Pursuant to I.C. 36-5-5-1 et. seq., the Town Council for the Town of Leo-Cedarville, Indiana hereby establishes the office of Town Administrator.
B. The Town Administrator shall be appointed by the Town Council and shall serve at the pleasure of the Town Council, and may be discharged by the Town Council at-will. The Town Administrator shall have no policy-making authority, and the position is not a “lucrative office” as Article 2, Section 9 of the Indiana Constitution, uses that term.
C. The Town Administrator, under the direction of the Town Council, is responsible for performing the following duties:
1. The Town Administrator is hereby empowered to receive complaints about alleged violations of Town Ordinances, to take reasonable steps to investigate such complaints and to make reports and recommendation to the Town Council concerning violations. Upon the direction of the Town Council, the Town Administrator shall have the authority to issue notices of violations. The Town Administrator shall not have the authority to issue fines or penalties or to initiate any administrative or judicial proceeding to enforce an ordinance without Town Council Approval.
2. To assist the Town Clerk-Treasurer, as directed by the Clerk-Treasurer in maintaining General Town Ordinances, Resolutions, and Orders, or other official Town records.
3. To perform any clerical or secretarial duties required by the Town Clerk-Treasurer or the Town Council and to manage the day-to-day operations of the Town Office including maintaining office supplies and equipment, operating the phone message answering system, receiving phone calls, receiving mail.
4. The Town Administrator shall have direct day-to-day supervisory authority over the Town Maintenance Person subject to any instructions given by the Town Executive. The Town Executive shall have the right to establish and publish employment policies governing the Maintenance Person, subject to the approval of the Town Council.
5. To assist with scheduling rentals of Leo-Cedarville’s park’s pavilions and the park sign.
6. To coordinate the repair and maintenance of all public ground including the town office, the park, the boat landing, and all public rights of way.
7. To facilitate communication between the Town Council and the general public by accepting comments, concerns and complaints from members of the public and by answering questions of a general nature or providing information to the public regarding town services and events.
D. The Town Administrator shall work out of the Town Office, and shall work no less than twenty (20) hours per week. The Town Administrator may work more than 20 hours in a week if necessary, but may not work more than thirty (30) hours in any one week without prior written authorization of the President of the Town Council. The Town Council may, at its discretion, establish a schedule of regular office hours for the Town Administrator. Otherwise, the Town Administrator may establish his/her own schedule of office hours. The schedule of the regular office hours of the Town Administrator shall be posted on the door of the Town Office for the convenience of the public. The Town Administrator shall keep a record of hours actually worked in each work week, and shall provide that schedule to the Clerk-Treasurer as deemed necessary.
E. At the discretion of the Leo-Cedarville Planning Commission, the Town Administrator may also serve as the Leo-Cedarville Zoning Administrator and/or the Secretary to the Planning Commission. At the discretion of the Leo-Cedarville Board of Zoning Appeals, the Town Administrator may also serve as the secretary to the Board of Zoning Appeals. If so appointed, in addition to the duties set forth above, the Town Administrator shall have any other duties set forth in the Town Zoning Code for the Town Zoning Administrator and/or Secretary of the Planning Commission or Secretary of the Board of Zoning Appeals, and any other duties assigned by the Plan Commission or Board of Zoning Appeals.
F. The Town Administrator’s shall be compensated at a rate set forth by the annual salary ordinance adopted by the Town Council. If the Town Administrator also serves as the Town Zoning Administrator, he/she shall also be entitled to the salary of the Town Zoning Administrator set forth in the annual salary ordinance. The Town Administrator shall be entitled to the employee benefits available to regular, full-time employees that are set forth in the Town’s Personnel Policy Ordinance.
G. The official title of “Town Administrator” shall be used when performing the duties set forth in paragraph B above, or when performing any other duties assigned by the Town Council, or the Town Clerk-Treasurer. The official title of “Town Zoning Administrator” shall be used when performing any of the official duties set forth in Leo-Cedarville Zoning Code or any other duties assigned by the Town Plan Commission or Town Board of Zoning Appeals.
(Ord. 2006-08, 7-18-06)
Previous Contents of Section 31.01
§ 31.02 TOWN CLERK/TREASURER.
(A) The Clerk/Treasurer shall be elected by the voters at large for a term of four years, commencing at noon on the first day of January following the election. The Clerk/Treasurer must reside within the corporate limits of the town, and forfeits his or her office if he or she ceases to be a resident of the town.
(B) The Clerk/Treasurer shall perform the following duties:
(1) Attend all meetings of the Town Council and record the proceedings;
(2) Transcribe the record of the meetings, both regular and special, of the Council and maintain the transcripts in an organized fashion in a binder which shall be labeled “The Journal of the Town Council of the Town of Leo-Cedarville, Indiana;”
(3) Maintain two copies of the town code and any other ordinances or resolutions passed by the Council, for public inspection;
(4) Keep a written file of all original papers, documents, reports and correspondence filed with or submitted to Council;
(5) Keep his or her records open for inspection by the Council or by a person designated by the Council;
(6) Act as custodian of all contracts, agreements, ordinances, resolutions or any other document or paper pertaining to the business of the town, except when the contracts, agreements, ordinances or other documents or papers are, necessarily, in the hands of the Council for consideration thereon;
(7) In the event that a member of the Council cannot be present at a meeting, and the remaining four members vote on an issue and the vote results in a tie, the Clerk/Treasurer shall cast the deciding vote;
(8) Administer oaths, take depositions and take acknowledgments of instruments required by statute to be acknowledged, on behalf of the town;
(9) Issue licenses or certificates authorized by statute;
(10) Receive and care for all town monies;
(11) Upon order of the Council, pay out town money;
(12) Keep accounts showing when and from what sources he or she has received town monies and when and to whom he or she has paid them out;
(13) File, each month, with the Council, a statement showing the receipts and disbursements of the town funds for the preceding month and the balance remaining in each town fund;
(14) Act as agent for receipt of legal service upon the town and notify immediately the President of the Council upon receipt of the service;
(15) Publish all necessary notices of all meetings of the Council;
(16) Obtain all necessary bonds for the officers and employees of the town;
(17) Serve as financial officer for the town under the Barrett Law; and
(18) Serve notice on all Council members of special meetings.
(`96 Code, § 2.0-2)
§ 31.03 SALARIES AND COMPENSATION.
(A) The members of the Town Council shall be paid a salary as set by annual salary ordinance by the Council.
(B) The Clerk/Treasurer shall be paid a salary as set by annual salary ordinance by the Council.
(`96 Code, § 2.0-3)
§ 31.04 VACANCIES IN OFFICE.
Any town office that is vacated shall be filled by the majority vote of the Town Council. If the office vacated is that of a Council member and the vote of the remaining members cannot produce a majority vote, the Clerk/Treasurer shall cast the deciding vote.
(`96 Code, § 2.0-4)
§ 31.05 BONDS.
(A) Pursuant to I.C. 5-4-1-18(c), each year, the Clerk/Treasurer shall obtain and file an individual surety bond with the Office of the County Recorder. This bond shall be in the amount of $15,000 for each $1,000,000 of receipts of the Clerk/Treasurer’s Office for the previous fiscal year. The bond shall insure the faithful performance of the Clerk/Treasurer in his or her official duties.
(B) Pursuant to I.C. 36-10-3-16, each year, the Clerk/Treasurer shall obtain a bond on behalf of all employees of the town who handle money in the performance of duties on behalf of the Town Park Advisory Board.
(`96 Code, § 2.0-5)
§ 31.06 INDEMNIFICATION.
(A) The town shall provide legal services to any officer, employee or agent of the town, and any former officer, employee or agent of the town, who has been sued, or who is hereafter sued, or against whom a claim has been made or may hereafter be made relative to damages or liability arising out of actions or failures to act done in good faith in the performance of duty.
(B) (1) The town shall hold harmless any officer, employee or agent, or former officer, employee or agent, from any liability or damages if it is determined that the act or failure to act which gave rise to liability or damages was done in good faith in the performance of duty.
(2) This section shall have no application to any case where the town or state may bring an action against an officer, employee or agent, or former officer, employee or agent.
(C) Indemnification of Clerk/Treasurer:
(1) Any past or present Clerk/Treasurer of the town named as a defendant in litigation initiated by the state, either through the State Board of Accounts or the State Attorney General, seeking to impose personal liability for the payment of public funds later determined to be inappropriate, shall be entitled to indemnification or reimbursement for all legal fees and expenses incurred in connection with the defense of the suit, subject to the limitations set forth herein.
(2) The indemnification or reimbursement, however, shall be at an hourly rate for legal services that are equal to or less than the hourly rate established by this Council in the annual salary ordinance for extraordinary services provided by the Town Attorney applicable to the year in which the legal services are provided.
(3) In the event that a final judgment is entered against an indemnified Clerk/Treasurer finding fraud, malice, willful misconduct or absence of good faith, the individual indemnified by this provision shall reimburse the town for all fees or expenses previously paid by the town. In addition, the town, by assuming an obligation to pay the cost of defense, does not assume any liability to pay any judgment entered against any indemnified Clerk/Treasurer.
(4) The Clerk-Treasurer indemnified may select the Town Attorney to represent him or her in the proceedings. In such cases, the Town Attorney shall be compensated at the hourly rate for extraordinary legal services provided for in the applicable annual salary ordinance.
(D) Indemnification of Council members:
(1) This division is passed pursuant to I.C. 36-1-3-2 which grants to the town all necessary powers needed for the effective operation of town government. Furthermore, this division is in no way a limitation of civil liability, as prescribed in I.C. 36-1-3-8, but rather, deals with the defense and indemnification of Council members.
(2) It is and shall be the policy of the town to defend and indemnify members of the Town Council with respect to lawsuits brought against them that involve the discretionary performance of legislative duties. The performance of legislative duties, for purposes herein, shall be those legislative duties, as performed from time to time, by Council members pursuant to state law and/or ordinance or resolution of this town. However, defense and indemnification shall not be provided on those situations in which a Council member would have individual and/or personal liability as provided, from time to time, by state law, whether same be statutory or case law.
(3) This division is necessary to ensure that Council members may freely exercise their legislative responsibilities as charged to them by the citizens of this community.
(`96 Code, § 2.0-6)
CHAPTER 32: BOARDS, COMMISSIONS, AND DEPARTMENTS
|32.01||Advisory Plan Commission|
|32.02||Municipal Park Board|
|Appendix: State Statutes Governing the Plan Commission and Board of Zoning Appeals|
|Ord. 2004-06, Stormwater Utility Board|
§ 32.01 ADVISORY PLAN COMMISSION.
(A) There is hereby established an Advisory Plan Commission for the town, pursuant to the authority of I.C. 36-7-2-2.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Town Board of Zoning Appeals.
COMMISSION. The Advisory Plan Commission of the town.
COMPREHENSIVE PLAN. The Comprehensive Long-Range Guide, as adopted by the town.
COUNCIL. The Council of the town.
TOWN. Leo-Cedarville, Indiana.
(C) The Commission shall consist of seven members as follows:
(1) The Council shall appoint three persons who must be elected or appointed town officials or employees in the town as members.
(2) The President of the Town Council shall appoint four citizen members of whom no more than two may be of the same political party.
(3) The Council shall appoint one member of the Commission to serve as an advisory member to the County Plan Commission.
(4) The Council may create and appoint a technical advisory committee or an ad-hoc committee at any time to assist the Commission in the performance of its functions and duties.
(D) The term of office of a member of the Commission shall be as set forth below:
(1) The term of office of a member who is appointed from the membership of a legislative body is co-extensive with the member’s term of office on that body.
(2) Upon the initial appointment, two of the non-elected members shall have a term of three years and two of the non-elected members shall have a term of four years. The terms shall expire on the first Monday in January of the third or fourth year as the case may be. When the initial term of office for a non-elected member expires, each new appointment is for a term of four years. A member serves until his or her successor is appointed and qualified. A member is eligible for reappointment.
(3) A member serves until his or her successor is appointed and is qualified.
(4) If a vacancy occurs among the members of the Commission, the Council shall appoint a member for the unexpired term of the vacating member.
(E) A member of the Advisory Plan Commission may not participate in a hearing or decision of that Commission concerning a matter in which he or she has a direct or indirect financial interest. The Commission shall enter in its records the fact of any disqualification.
(F) The duties and responsibilities of the Commission shall be:
(1) Prepare and recommend to the Council a comprehensive plan;
(2) Prepare and recommend to the Council zoning and subdivision control ordinances;
(3) Receive and render decisions concerning the approval or disapproval of all subdivision
plats or re-plats;
(4) Review all petitions for amendments to the zoning ordinances and zone map and recommend approval or disapproval to the Council;
(5) Conduct public hearings as required by law concerning proposed changes in the comprehensive plan, zoning ordinances or other regulations and provisions to this section;
(6) Review and revise the comprehensive plan, zoning ordinances and other regulations and provisions of title to insure compliance with changing conditions;
(7) Review all proposals of the abandonment or vacation of public thoroughfares and platted
lots and recommend approval or disapproval to the Council;
(8) Appoint and prescribe the duties and fix the compensation to employees as are necessary for the discharge of the duties of the Commission; and
(9) Supervise and make rules for the administration of the affairs of the Commission.
(Ord. 2.3-2, passed 1-5-99)
Statutes establishing Plan Commissions, see Appendix, this chapter
§ 32.02 MUNICIPAL PARK BOARD.
The Town Council for the Town of Leo-Cedarville hereby creates a Municipal Park and Recreation Board under Indiana Code 36-10-3-3 to be known as the Leo-Cedarville Municipal Park Board.
|I)||Board Composition: The Leo-Cedarville Municipal Park Board, hereafter referred to as “the Board”, shall be composed of four (4) members appointed by the Leo-Cedarville Town Council. 36-10-3-4(b). In addition, the Municipal Park Board shall have one (1) ex officio member who is a member of the governing body of the East Allen County School Corporation, as selected by that body. I.C. 3-10-3-4(b). The ex officio member shall have all the rights of the regular board members, including the right to vote. A vacancy in the ex officio position shall be filled by the School Corporation. The Board members selected by the Town Council shall be selected as follows:|
|A.||Board members shall be appointed on the basis of their knowledge and interest of parks and recreation.|
|B.||No more than two (2) members may be affiliated with the same political party except in the situation described in IC 36-10-3-4.1 waiver of requirements and following the prescribed waiver procedure.|
|C.||Members of the board must be residents of the town.|
|D.||Municipal executives or members of the Leo-Cedarville Town Council may not serve on the board. [36-10-3-4(e)]|
|II)||Terms of Appointments|
|A.||Initial appointments to the park board are as follows:|
|1.||Two (s) members for a term of one (1) year.|
|2.||One (1) member for a term of two (2) years.|
|3.||One (1) member for a term of three (3) years.|
|4.||One (1) member for a term of four (4) years.|
|B.||As each term expires, each new appointment is for a four- (4) year term. All terms will expire on the first Monday in January, but a member continues in office until a successor is appointed. [36-10-3-5 (a 1-4)]|
|C.||The Leo-Cedarville Town Council shall make initial appointments within ninety (90) days after the creation of the Leo-Cedarville Municipal Park Board. [36-10-3-5 (c)]|
|D.||If an appointment for any new term is not made by the first Monday in April, the incumbent shall serve another term. [36-10-3-5 (d)]|
|E.||In making initial appointments, the Leo-Cedarville Town Council, in order to provide continuity of experience and programs, shall give special consideration to the appointment of members from previous park or recreation boards. [36-10-3-5 (e)]|
|F.||If a vacancy on the board occurs, the Leo-Cedarville Town Council shall appoint a person to serve for the remainder of the un-expired term. [36-10-3-5 (f)]|
|III)||Leo-Cedarville Municipal Park Board member removal procedure.|
|A.||A member may be removed only for cause, upon specific, written charges filed against them.|
|B.||The charges shall be filed with and heard by the Leo-Cedarville Town Council, unless the Leo-Cedarville Town Council is bringing the charges. If the Leo-Cedarville Town Council is bringing the charges, the Town Council of Leo-Cedarville shall appoint a hearing officer.|
|C.||The person to hear the charges shall fix a date for a public hearing and give public notice at least ten (10) days in advance of the hearing.|
|D.||At the hearing, the member is entitled to present evidence and argument and be represented by counsel. [36-10-3-6]|
|IV)||Regular and special meetings of the Leo-Cedarville Municipal Park Board, election of officers, quorum. [36-10-3-8]|
|1.||All meetings of the board are open to the public.|
|2.||The board shall fix and publicize the time and place of its regular meetings.|
|3.||The board shall meet at least quarterly.|
|4.||Special meetings of the board may be called by the board president or by any two (2) board members by written request to the secretary. The secretary shall send to each member, at least two (2) days before a special meeting, a written notice fixing the time, place, and purpose of the meeting.|
|1.||At its first regular meeting each year the board shall elect a president and a vice president.|
|2.||The vice president may act as president during the absence or disability of the president.|
|3.||The board may select a secretary either from within or outside its membership.|
|1.||A majority of the members constitutes a quorum.|
|2.||Action of the board is not official unless it is authorized by at least three (3) members present and acting.|
|V)||Compensation for the Leo-Cedarville Municipal Park Board [36-10-3-9 (b-d)]|
|A.||Board members will be paid a per diem for each meeting of the board attended. The per diem will be set annually by the salary ordinance for the Town of Leo-Cedarville.(refer to 36-4-7-3)|
|B.||Board members attending conferences dealing with park and recreation problems may submit a claim for actual expenses including registration fees, additional educational materials, accommodations, and mileage so long as there is an appropriation for such expenses in the Board’s annual budget.|
|C.||Membership fees for professional organizations and professional publications specific to park and recreational facility construction, maintenance, operation or management may be paid for so long as there is an appropriation in the annual budget for such expenditures.|
|D.||The Town of Leo-Cedarville will provide suitable quarters for holding meetings and conducting the work of the board.|
|VI)||Duties of the Leo-Cedarville Municipal Park Board [36-10-3-10]|
|A.||The board shall:|
|1.||Exercise general supervision of and make rules for the department;|
|2.||Establish rules governing the use of the park and recreation facilities by the public;|
|3.||Provide police protection for its properties and activities by requesting assistance from the municipal police force;|
|4.||Appoint the necessary administrative officers of the department and fix their duties;|
|5.||Establish standards and qualifications for the appointment of all personnel and recommend approval of their appointments, without regard to politics, to the Town Council;|
|6.||Make recommendations and an annual report to the Town Council concerning the operation of the board and the status of park and recreation programs in the district;|
|7.||Prepare and submit an annual budget to the Town Council;|
|8.||Appoint a member of the board to serve on another kind of board or commission whenever a statute allows a park board to do this.|
|B.||The board shall fix the compensation of officers and personnel appointed under section (A) (4) and (A) (5) above subject to IC 36-4-7-5 and 36-4-7-6.|
|VII)||Powers of the Leo-Cedarville Municipal Park Board [36-10-3-11]|
|A.||The board may:|
|1.||enter into contracts and leases for facilities and services;|
|2.||contract with persons for joint use of facilities for the operation of park and recreation programs and related services;|
|3.||contract with another board, unit, or school corporation for the use of park and recreation facilities or services and a township or school corporation may contract with the board for the use of park and recreation facilities or services;|
|4.||acquire and dispose of real and personal property, either within or outside, Indiana;|
|5.||exercise the power of eminent domain under statutes available to municipalities;|
|6.||sell, lease, or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund of the board;|
|7.||engage in self-supporting activities as prescribed in section XVIII of this ordinance;|
|8.||contract for special and temporary services and for professional assistance;|
|9.||delegate authority to perform ministerial acts in all cases except where final action of the board is necessary;|
|10.||prepare, publish, and distribute reports and other materials relating to activities authorized by this chapter;|
|11.||sue and be sued collectively by its legal name, as the “Leo-Cedarville Municipal Park Board”, with service of process being had upon the president of the board, but costs may not be taxed against the board or its members in any action;|
|12.||invoke any legal, equitable, or special remedy for the enforcement of this chapter, a park or recreation ordinance, or the board’s own action taken under either; and|
|13.||Release and transfer, by resolution a part of the area over which it has jurisdiction for park and recreational purposes to park authorities of another unit for park and recreational purposes upon petition of the park or recreation board of the acquiring unit.|
|B.||The board may also lease any buildings or grounds belonging to the unit and located within a park to a person for a period not to exceed fifty (50) years. The lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks, or other recreational facilities. A lease may be made for more than one (1) year only to the highest and best bidder, after notice that the lease will be made has been given by publication in accordance with IC 5-3-1.|
|C.||Notwithstanding subsection (B), the board may lease building or grounds belonging to the unit for a period of more than one (1) year without soliciting the highest and best bidder or providing notice under IC 5-3-1 if:|
|1.||the buildings or grounds are leased to an Indiana nonprofit corporation;|
|2.||the buildings or grounds are operated as a public golf course; and|
|3.||the golf course remains subject to rules and regulations promulgated by the board.|
|VIII)||Public or private sale of personal property declared to be surplus by the Leo-Cedarville Municipal Park Board[36-10-3-12]|
|A.||The board may sell, or order sold through a designated representative, by public or private sale, any personal property that the board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of five thousand dollars ($5,000) or less. Whenever the board decides to sell at a private sale, the board must employ a qualified appraiser to determine a reasonable selling price for each kind of surplus item and must publish, in the manner provided in IC 5-3-1:|
|1.||the fact that a private sale will be held;|
|2.||the location of the sale;|
|3.||the dates of the beginning and end of the sale;|
|4.||the time of day during which the sale will take place;|
|5.||the kinds of items to be sold at the sale; and|
|6.||the price of each kind of item, which may not be less than the reasonable selling priced determined by a qualified appraiser.|
|7.||If the board decides to sell at a public sale, the board shall conduct the sale in the manner provided by law for the unit.|
|IX)||Superintendent of the Leo-Cedarville Parks, appointment and qualifications [36-10-3-13]|
|A.||The Leo-Cedarville Municipal Park Board may appoint a superintendent of parks and recreation. The board may not consider political affiliation in the selection of the superintendent.|
|B.||The superintendent must:|
|1.||be qualified by training or experience in the field of parks and recreation; or|
|2.||have a certification or an advanced degree in the field of parks and recreation.|
|X)||Superintendent of parks and recreation duties [IC 36-10-3-14]|
|A.||Under the direction of the board, the superintendent shall:|
|1)||Propose annually a plan for the operation of the department;|
|2)||Administer the plan as approved by the board;|
|3)||Supervise the general administration of the department;|
|4)||Keep the records of the department and preserve all papers and documents of the department;|
|5)||Recommend persons as appointment as assistants if the board determines there is a need;|
|6)||Appoint the employees of the department subject to the approval of the board and the Town Council, according to the standards and qualifications fixed by the board and the Town Council and without regard to political affiliation;|
|7)||Prepare and present to the board an annual report; and|
|8)||Perform other duties that the board directs.|
|XI)||Assistant superintendent of parks and recreation; appointment, qualifications,|
|A.||If the board determines that the size of the department’s operation requires assistants for the superintendent, the board may appoint, upon recommendation of the superintendent, one (1) or more assistants. The board shall determine their qualifications on a basis similar to that prescribed for the superintendent.|
|B.||Assistants are directly responsible to the Leo-Cedarville Superintendent of Parks and shall perform the duties specified by the superintendent.|
|XII)||Officers’ and employees’ bonds and crime policies for the Leo-Cedarville Municipal Park Board [36-10-3-16]|
|A.||Every officer and employee who handles money in the performance of duties as prescribed by this chapter shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment.|
|B.||The Leo-Cedarville Town Council may under IC 5-4-1-18 authorize the purchase of a blanket bond or crime insurance policy endorsed to include faithful performance to cover all officers’ and employees’ faithful performance of duties. The amount of the bond or crime insurance policy shall be fixed by the Leo-Cedarville Town Council and must be approved by the Leo-Cedarville Town Council President.|
|C.||All official bonds shall be filed and recorded in the office of the county recorder of the county in which the department is located.|
|D.||The commissioner of insurance shall prescribe the forms of the bonds or crime policies required by this section.|
|XIII)||Leo-Cedarville Municipal Park Board Advisory council and special committees; composition; selection; duties; reports [IC 36-10-3-17]|
|A.||The board may create an advisory council and special committees composed of citizens interested in parks and recreation.|
|B.||The board shall give consideration to groups in the community particularly interested in parks and recreation. In a resolution creating an advisory council or special committee, the board shall specify the terms of its members and the purposes for which it is created.|
|C.||The advisory council or special committee shall:|
|1)||Study the subjects and problems specified by the Park Board and recommend to the board additional problems in need of study;|
|2)||Advise the Park Board concerning these subjects, particularly as they relate to different areas and groups in the community; and|
|3)||Upon the invitation of the Park Board, sit with and participate in the deliberations of the board without the right to vote.|
|4)||The advisory council or a special committee shall report only to the Park Board and shall make inquiries and reports only in those areas specified by the board’s resolution creating the council or committee.|
|XIV)||Gifts, donations, and subsidies; approval; disposition (IC 36-10-3-18)|
|A.||The Leo-Cedarville Municipal Park Board may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the board may not be made without its approval.|
|B.||A gift or grant of money shall be deposited in a special non-reverting fund to be available for expenditure by the board for purposes specified by the grantor. The Leo-Cedarville Clerk-Treasurer may draw warrants against the fund only upon vouchers signed by the Park Board President and Secretary of the Park Board.|
|XV)||Special taxing district for purposes of levying special benefit taxes for Parks and Recreation(IC 36-10-3-19)|
|A.||The territory within the boundaries of Leo-Cedarville comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter.|
|B.||The Leo-Cedarville Town Council shall determine and provide the revenues necessary for the operation of the department or for capital expenditures not covered by the issuance of bonds by:|
|1.||A specific levy to be used exclusively for these purposes;|
|2.||A special appropriation; or|
|3.||Both of these methods.|
|XVI)||Special nonreverting capital fund for the Leo-Cedarville Municipal Park Board; purposes and withdrawals [IC 36-10-3-20]|
|A.||Upon the request of the board, the Leo-Cedarville Town Council may establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The Town Council may include in the Park Board’s annual budget an item and an appropriation for these specific purposes.|
|B.||Money placed in the nonreverting capital fund may not be withdrawn except for the purposes for which the fund was created, unless the Town Council repeals the ordinance. The Town Council may not repeal the ordinance under suspension of the rules.|
|XVII)||Cumulative building fund for Leo-Cedarville Municipal Parks; establishment, levy of tax, collection of tax [36-10-3-21]|
|A.||The Leo-Cedarville Municipal Park Board may establish a cumulative building fund under IC 6-1.1-41 to provide money for:|
|1)||Building, remodeling, and repair of park and recreation facilities; or|
|2)||Purchase of land for park and recreation purposes.|
In addition to the requirements of IC 6-1.1-41, before a fund may be established, the proposed action must be approved by the Leo-Cedarville Town Council.
|B.||To provide for the cumulative building fund, the Town Council may levy a tax in compliance with IC 6-1.1-41 not to exceed one and 67 hundredths cents ($0.0167) on each hundred dollars ($100) of assessed valuation of taxable property within the unit.|
|C.||The tax shall be collected and held in a special fund known as the Leo-Cedarville Park and Recreation Cumulative Building Fund.|
|XVIII)||Fees for park and recreation particular activities (36-10-3-22)|
|A.||Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the board may charge a reasonable fee.|
|B.||The Town Council may establish by ordinance, upon request of the board;|
|1.||A special nonreverting operating fund for park purposes from which expenditures may be made as provided by ordinance, either by appropriation by the board or by the Town Council; or;|
|2.||A special nonreverting capital fund for the purpose of acquiring land or making specific capital improvements from which expenditures may be made by appropriation of the Leo-Cedarville Town Council.. The Town Council shall designate the fund or funds into which the Leo-Cedarville Clerk-Treasurer shall deposit fees from golf courses, swimming pools, skating rinks, or other major facilities requiring major expenditures for management and maintenance. Money received from fees other than from major facilities or received from the sale of surplus property shall be deposited by the Clerk-Treasurer either in the special nonreverting operating fund or in the nonreverting capital fund as directed by the Park Board. However, if neither fund has been established, money received from fees or the sale of surplus property shall be deposited in the unit’s general fund. Money from either special fund may be disbursed on approved claims allowed and signed.|
|XIX)||Acquisition of real property by Leo-Cedarville Municipal Park Board; resolution; improvements; notice; option or contract; appraisal; hearing IC 36-10-3-23|
|A.||This section applies only to:|
|1||the acquisition of real property; or|
|2||a work of improvement; that will be financed by the issuance of bonds.|
|B.||If the Park Board decides to:|
|1||acquire land for any of the purposes prescribed in this chapter, either by purchase or improvement authorized by this chapter;|
|2||acquire real property without proceeding at the time with a work of improvement; or|
|3||proceed with a work of improvement where the real property has been already secured;|
|it shall adopt a resolution stating the purpose, describing the land to be acquired, the manner of acquisition, and, in the case of an appropriation, the other land that may be injuriously affected, or describing the lands already acquired and intended to be used in connection with the proposed work of improvement.|
|C.||If a work of improvement is provided for in the resolution, the Park Board shall have preliminary plans and specifications and an estimate of the cost of the proposed work prepared by the engineer selected to do the work. The resolution must be open to inspection by all persons interested in or affected by the appropriation of land or the construction of the work. The Park Board shall have notice of the resolution and its contents published in accordance with IC 5-3-1. The notice must state a date on which the Park Board will receive or hear remonstrance’s from persons interested in or affected by the proceedings and on which it will determine the public utility and benefit.|
|D.||Notice shall be sent by certified mail to each owner of land to be appropriated under the resolution, using the owner’s address as shown on the tax duplicates. In addition, notice of the land to be appropriated shall be published in accordance with IC 5-3-1 in local newspapers. All persons affected in any manner by the proceedings, including all taxpayers in the district, are considered notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the Park Board by the original notice by publication.|
|E.||In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by a platted description or by metes and bounds, whether the land is composed of one (1) or more lots or parcels and whether it is owned by one (1) or more persons. If the land or a part of it is to be acquired by purchase, the resolution must also state the maximum proposed cost.|
|F.||The Park Board may, at any time before the adoption of the resolution:|
|(1)||obtain from the owner or owners of the land an option for its purchase; or|
|(2)||enter into a contract for its purchase upon the terms and conditions that the board considers best.|
|The option or contract is subject to the final action of the Park Board confirming, modifying, or rescinding the resolution and to the condition that the land may be paid for only out of the special fund resulting from the sale of bonds as provided by this chapter.|
|G.||If the board decides to acquire any lots or parcels of land by purchase, the board shall appoint two (2) qualified appraisers to appraise the fair market value of the land. Each appraiser must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1. The appraisers may not be interested directly or indirectly in any land that is to be acquired under the resolution or that may be injured or incur local benefits. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall return the appraisers’ separate appraisals to the Park Board not more than thirty (30) days after the date of their appointment. The appraisals shall be filed with and become a part of the record of the proceeding.|
|H.||The Board may not take an option on the land or enter into a contract to purchase it at a price greater than the average of the two (2) appraisals received under subsection (G). The title to land to be acquired under the resolution, whether by purchase or appropriation, does not vest until the land is paid for out of the special fund established by the sale of bonds as provided in this chapter. Any indebtedness or obligation of any kind incurred by the board due to the acquisition of land or to construction work shall be paid out of the funds under the control of the Park Board and is not an indebtedness or obligation of the Town of Leo-Cedarville.|
|I.||At the time fixed for the hearing, or at any time before the hearing, an owner of land to be appropriated under the resolution or injuriously affected or a person owning real or personal property located in the district may file a written remonstrance with the secretary of the Park Board.|
|J.||At the hearing, which may be adjourned from time to time, the Park Board shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering the evidence, the Park Board shall take final action determining the public utility and benefit of the proposed project by confirming, modifying, or rescinding the resolution. The final action shall be recorded and is final and conclusive upon all persons.|
|XX)||Leo-Cedarville Municipal Park Board Bonds; purpose; denominations; interest exempt from taxation; limitations IC 36-10-3-24|
|A.||In order to raise money to pay for land to be acquired for any of the purposes named in this chapter, to pay for an improvement authorized by this chapter, or both, and in anticipation of the special benefit tax to be levied as provided in this chapter, the Park Board shall cause to be issued, in the name of the Town of Leo-Cedarville, the bonds of the district. The bonds may not exceed in amount the total cost of all land to be acquired and all improvements described in the resolution, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction of a work. The expenses to be covered in the bond issue include all expenses of every kind actually incurred preliminary to acquiring the land and the construction of the work, such as the cost of the necessary record, engineering expenses, publication of notices, preparation of bonds, and other necessary expenses. If more than one (1) resolution or proceeding of the Park Board under section XIX of this chapter is confirmed whereby different parcels of land are to be acquired, or more than one (1) contract for work is let by the Park Board at approximately the same time, the cost involved under all of the resolutions and proceedings may be included in one (1) issue of bonds.|
|B.||The bonds may be issued in any denomination not less than one thousand dollars ($1,000) each, in not less than five (5) nor more than forty (40) annual series. The bonds are payable one (1) series each year, beginning at a date after the receipt of taxes from a levy made for that purpose. The bonds are negotiable. The bonds may bear interest at any rate, payable semiannually. After adopting a resolution ordering bonds, the Park Board shall certify a copy of the resolution to the Leo-Cedarville Clerk-Treasurer. The Clerk-Treasurer shall prepare the bonds and the Leo-Cedarville Town Council President shall execute them, attested by the Clerk-Treasurer.|
|C.||The bonds and the interest on them are exempt from taxation as prescribed by IC 6-8-5-1. Bonds issued under this section are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the filing of a petition requesting the issuance of bonds, the right of taxpayers and voters to remonstrate against the issuance of bonds, the appropriation of the proceeds of the bonds and approval by the department of local government finance, and the sale of bonds at public sale for not less than their par value.|
|D.||The Park Board may not have bonds of the district issued under this section that are payable by special taxation when the total issue for that purpose, including the bonds already issued or to be issued, exceeds two percent (2%) of the adjusted value of the taxable property in the district as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void. The bonds are not obligations or indebtedness of the Town of Leo-Cedarville, but constitute an indebtedness of the district as a special taxing district. The bonds and interest are payable only out of a special tax levied upon all the property of the district as prescribed by this chapter. The bonds must recite the terms upon their face, together with the purposes for which they are issued.|
|XXI)||Bonds; notice; hearing; ordinance approving issue IC 36-10-3-25|
|A.||Before bonds may be issued under section XIX of this ordinance, the Park Board shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data.|
|B.||The board shall have published in accordance with IC 5-3-1 a notice of the time, place, and purposes of the hearing.|
|C.||After the public hearing and before additional proceedings on the bond issues, the board must obtain an ordinance approving the bond issue from the Leo-Cedarville Town Council.|
|XXII)||Bonds; disposition of proceeds IC 36-10-3-26|
|A.||All proceeds from the sale of bonds issued under section XX of this chapter shall be kept in a separate fund. The fund shall be used to pay for land and other property acquired and for the construction of a work under the resolution, including all costs and expenses incurred in connection with the project. The fund may not be used for any other purpose. The fund shall be deposited as provided in this chapter. A surplus remaining from the proceeds of the bonds after all costs and expenses are paid shall be paid into and becomes a part of the park district bond fund.|
|XXIII)||Levy of special tax on real and personal property; park district bond fund IC 36-10-3-27|
|A.||In order to raise money to pay all bonds issued under section XX of this chapter, the Park Board shall levy annually a special tax upon all of the real and personal property located in the district sufficient to pay the principal of the bonds as they mature, including accrued interest. The board shall have the tax to be levied each year certified to the auditor of the county in which the district is located at the time for certification of tax levies. The tax shall be collected and enforced by the county treasurer in the same manner as other taxes are collected and enforced.|
|B.||As the tax is collected, it shall be accumulated and kept in a separate fund to be known as the park district bond fund. The tax shall be applied to the payment of the district bonds and interest as they mature and may not be used for another purpose.|
|XXIV)||Primary obligation on bond IC 36-10-3-28|
|A.||If the board or district created under IC 36-10-3-3 is discontinued, the primary obligation on its bonds is not affected, and the Town of Leo-Cedarville assumes liability for the payment of the bonds according to their terms.|
Parks and recreation; regulations, see Chapter 96
§ 32.03 LAW ENFORCEMENT.
(A) Law enforcement will be provided by the County Sheriff and the State Police.
(B) There will be no Town Marshall appointed.
(`96 Code, § 3-0-1)
§ 32.04 BUILDING DEPARTMENT.
The town hereby adopts the county building ordinances adopted under the provisions of I.C. 36-7-8-3, and the standards imposed by state law, and does hereby designate the County Building Department as the town’s agent, pursuant to the provisions of I.C. 36-7-8-7, and grants the Department the authority to enforce those ordinances and standards on behalf of the town, as well as any additional standards set forth by the town ordinance.
(`96 Code, § 7-2-1)
APPENDIX: STATE STATUTES GOVERNING THE PLAN COMMISSION AND BOARD OF ZONING APPEALS
|I.C. 36-7-4-212||Certification of members|
|I.C. 36-7-4-213||Appointment of reciprocal representatives of county and municipal plan commissions|
|I.C. 36-7-4-214||Additional members to municipal plan commission required for unincorporated area|
|I.C. 36-7-4-215||Additional members to town plan commission allowed for unincorporated area|
|I.C. 36-7-4-216||Qualifications of citizen members|
|I.C. 36-7-4-217||Terms of members|
|I.C. 36-7-4-218(a), (b)||Appointment of citizen members; terms; removal|
|Board of Zoning Appeals|
|I.C. 36-7-4-901(a) – (h)||Establishment|
|I.C. 36-7-4-902(a), (g)||Membership; number; appointment|
|I.C. 36-7-4-903||Additional division or designation of citizen member to represent unincorporated area|
|I.C. 36-7-4-905||Restrictions on holding office|
|I.C. 36-7-4-906(a) – (c), (f), (g)||Membership terms|
I.C. 36-7-4-207(b): MEMBERSHIP.
If a city lacks either a park board, or a city civil engineer, or both, subsection (a) does not apply. In such a city, or in any town, the municipal plan commission consists of seven (7) members, as follows:
(1) The municipal legislative body shall appoint three (3) persons, who must be elected or appointed municipal officials or employees in the municipal government, as members.
(2) The municipal executive shall appoint four (4) citizen members, of whom no more than two (2) may be of the same political party.
I.C. 36-7-4-212: CERTIFICATION OF MEMBERS.
The clerk of the municipal legislative body and the secretary of the park board shall certify members appointed by their respective bodies, and the executive shall certify his appointments. The certificates shall be sent to and made a part of the records of the municipal plan commission.
I.C. 36-7-4-213: APPOINTMENT OF RECIPROCAL REPRESENTATIVES OF COUNTY AND MUNICIPAL PLAN COMMISSIONS.
If a municipality having a municipal plan commission is located in a county that has a county plan commission:
(1) A designated representative of the county plan commission shall serve as an advisory member of the municipal plan commission; and
(2) A designated representative of the municipal plan commission shall serve as an advisory member of the county plan commission.
Each advisory member has all the privileges of membership, except the right to vote.
I.C. 36-7-4-214: ADDITIONAL MEMBERS TO MUNICIPAL PLAN COMMISSION REQUIRED FOR UNINCORPORATED AREA.
(a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 [IC. 36-7-4-205] of the advisory planning law, the executive of the county in which the unincorporated area is located shall appoint two (2) additional citizen members to the municipal plan commission. The citizen members must:
(1) Reside in the unincorporated area; and
(2) Not be of the same political party.
(b) Initially, one (1) member under subsection (a) shall be appointed for a term of one (1) year and the other for a term of four (4) years. Thereafter, each appointment is for a term of four (4) years. The additional citizen members are entitled to participate and vote in all deliberations of the municipal plan commission.
(c) If the unincorporated area referred to in subsection (a) lies in two (2) counties, the executive of each of those counties shall appoint one (1) of the additional citizen members. The executive of the county having the larger proportion of the unincorporated area shall appoint its member first, and the executive of the other county shall then appoint its member, who must not be of the same political party.
I.C. 36-7-4-215: ADDITIONAL MEMBERS TO TOWN PLAN COMMISSION ALLOWED FOR UNINCORPORATED AREA.
In addition to the requirements of section 214 [I.C. 36-7-4-214] of this chapter, the executive of the county may also appoint as members of a town plan commission additional representatives from the unincorporated jurisdictional area, if the executive believes the additional representation is justifiable. The number of appointments shall be determined as follows:
(1) Two (2) citizen members, if the population of the jurisdictional area appears to be at least fifty percent (50%) but not more than one hundred percent (100%) of the population of the town itself.
(2) Four (4) citizen members, if the population of the jurisdictional area appears to be greater than that of the town itself.
These additional members must have the same qualifications and are entitled to the same terms and privileges as prescribed for the additional members appointed under section 214 [I.C. 36-7-4-214] of this chapter.
I.C. 36-7-4-216: QUALIFICATIONS OF CITIZEN MEMBERS.
Each citizen member shall be appointed because of the member’s knowledge and experience in community affairs, the member’s awareness of the social, economic, agricultural, and industrial problems of the area, and the member’s interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in municipal, county, or state government, except in the case of an area plan commission membership on the school board, the park board, or the board of directors for public utilities or board of trustees for utilities created under I.C. 8-1-11.1. A citizen member must be a resident of the jurisdictional area of the plan commission.
I.C. 36-7-4-217: TERMS OF MEMBERS.
The term of office of a member (who is appointed from the membership of a legislative body, a park board, or the advisory council on town affairs) is coextensive with the member’s term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative.
I.C. 36-7-4-218(a), (b): APPOINTMENT OF CITIZEN MEMBERS; TERMS; REMOVAL.
(a) When an initial term of office of a citizen member expires, each new appointment of a citizen member is:
(1) For a term of four (4) years (in the case of a municipal, county, or area plan commission);
(2) For a term of three (3) years (in the case of a metropolitan plan commission); or
(3) For a term of one (1), two (2), or three (3) years, as designated by the appointing authority (in the case of the metropolitan development commission).
A member serves until his successor is appointed and qualified. A member is eligible for reappointment.
(b) Upon the establishment of a nine (9) member municipal plan commission, the citizen members shall initially be appointed for the following terms of office:
(1) One (1) for a term of two (2) years.
(2) Two (2) for a term of three (3) years.
(3) Two (2) for a term of four (4) years.
Upon the establishment of a seven (7) member municipal plan commission, two (2) citizen members shall initially be appointed for a term of three (3) years and two (2) shall initially be appointed for a term of four (4) years. Each member’s term expires on the first Monday of January of the second, third, or fourth year, respectively, after the year of the member’s appointment.
I.C. 36-7-4-220: VACANCIES.
(a) If a vacancy occurs among the plan commission members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member.
(b) If a vacancy occurs in the office of the county surveyor, then the county engineer shall be a member of the plan commission during the time the office of the county surveyor is vacant.
(c) An appointed member who misses three (3) consecutive regular meetings of the metropolitan development commission shall be treated as if the member had resigned, unless the appointing authority reaffirms the member’s appointment.
BOARD OF ZONING APPEALS
I.C. 36-7-4-901(a) – (h): ESTABLISHMENT.
(a) As a part of the zoning ordinance, the legislative body shall establish a board of zoning appeals.
(b) The board of zoning appeals is composed of one (1) division, unless the zoning ordinance is amended under this subsection. Whenever considered desirable, the zoning ordinance may be amended to establish an additional one (1), two (2), or three (3) divisions of the board of zoning appeals.
(c) After January 1, 1984, whenever any divisions of the board of zoning appeals are established or reestablished by the zoning ordinance, the ordinance must provide for each division to consist of five (5) members appointed in accordance with section 902 of this chapter.
(d) The board of zoning appeals shall be known as:
(1) The advisory board of zoning appeals (under the advisory planning law);
(2) The area board of zoning appeals (under the area planning law); or
(3) The metropolitan board of zoning appeals (under the metropolitan development law).
(e) Except as provided in this section, a board of zoning appeals has territorial jurisdiction over all the land subject to the zoning ordinance, and if the board has more than one (1) division, all divisions have concurrent jurisdiction within that territory.
(f) The zoning ordinance may provide that any additional division of the board of zoning appeals, having been established under subsection (b), is to have only limited territorial jurisdiction. The zoning ordinance must describe the limits of that division’s territorial jurisdiction and specify whether that division has exclusive or concurrent jurisdiction within that territory.
(g) [Omitted as inapplicable.]
(h) Any board of zoning appeals that was established under I.C. 18-7-3-11 continues as the board of zoning appeals for that jurisdiction, until otherwise provided by the zoning ordinance.
I.C. 36-7-4-902(a), (g): MEMBERSHIP; NUMBER; APPOINTMENT.
(a) Each division of the advisory board of zoning appeals consists of five (5) members as follows:
(1) Three (3) citizen members appointed by the executive of the municipality or county, of whom one (1) must be a member of the plan commission and two (2) must not be members of the plan commission.
(2) One (1) citizen member appointed by the fiscal body of the municipality or county, who must not be a member of the plan commission.
(3) One (1) member appointed by the plan commission from the plan commission’s membership, who must be a county agricultural agent or a citizen member of the plan commission other than the member appointed under subdivision (1).
(b) through (f) [Omitted as inapplicable.]
(g) Whenever the zoning ordinance provides for a certain division of the board of zoning appeals to have limited territorial jurisdiction, it must also provide for that division to consist of members who are all residents of that limited territory. Those members shall be appointed in the same manner that is prescribed by subsection (a) for divisions of an advisory board of zoning appeals, but if the plan commission is unable to make its appointment in that manner, the appointment shall be made instead by the legislative body.
I.C. 36-7-4-903: ADDITIONAL DIVISION OR DESIGNATION OF CITIZEN MEMBER TO REPRESENT UNINCORPORATED AREA.
(a) When a municipal plan commission exercises jurisdiction outside the incorporated area of the municipality as provided for in section 205 or 1208 [I.C. 36-7-4-205 or 36-7-4-1208] of the advisory planning law, either:
(1) An additional division of the board of zoning appeals shall be established under section 901(b) [36-7-4-901(b)] of this chapter that will have territorial jurisdiction only in the unincorporated area and consist only of residents of the unincorporated area; or
(2) The municipal plan commission shall designate, as its appointment to the municipal board of zoning appeals under section 902(a)(3) [I..C. 36-7-4-902(a)(3)] of this chapter, one (1) of the two (2) citizen members who were appointed under section 214 [I.C. 36-7-4-214] of this chapter to the plan commission to represent the unincorporated area. The citizen member must reside in the unincorporated area. He shall be appointed for a term of four (4) years. He is entitled to participate and vote in all deliberations of the municipal board of zoning appeals.
(b) Notwithstanding section 902(g) [I.C. 36-7-4-902(g)] of this chapter, if the zoning ordinance provides for an additional division of the board of zoning appeals under subsection (a)(1), the ordinance may also provide for the appointment of one (1) or more members of that division by elected officials of the county or township.
I.C. 36-7-4-905: RESTRICTIONS ON HOLDING OFFICE.
None of the members of a board of zoning appeals may hold other elective or appointive office, except as permitted by section 902 [I.C. 36-7-4-902] of this chapter, in municipal, county, or state government. A member must be a resident of the jurisdictional area of the board.
I.C. 36-7-4-906(a) – (c), (f), (g): MEMBERSHIP TERMS.
(a) When an initial term of office expires, each new appointment is for a term of four (4) years.
(b) Upon the establishment of a division of the board of zoning appeals, the members shall initially be appointed as provided in the zoning ordinance for the following terms of office:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) Two (2) for a term of four (4) years.
(c) Under subsection (b), each term expires on the first Monday of January of the first, second, third, or fourth year, respectively, after the year of the member’s appointment.
(d) and (e) [Omitted as inapplicable.]
(f) The appointing authority may remove a member from the board of zoning appeals for cause. The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at his residence address. A member who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the circuit or superior court of the county.
(g) A member of a board of zoning appeals serves until his successor is appointed and qualified. A member is eligible for reappointment.
CHAPTER 33: TOWN POLICIES
|33.02||Business operations startup|
|Res. 2006-03, Local Government Reorganization
Ord. 2006-14, Jurisdiction Regarding Use of Tobacco
Ord. 2007-08, IACT Agreement (Indiana Downtown)
Ord. 2009-06, Adopting National Incident Management System
§ 33.01 CLAIM PAYMENTS.
(A) In accordance with I.C. 36-5-4-12, expenditures may not take place without an appropriation of funds for that purpose.
(B) The Clerk/Treasurer may make claim payments in advance of Council approval for:
(1) Property or services purchased or leased from;
(a) The United States government; or
(b) An agency or a political subdivision of the United States government.
(2) License fees or permit fees;
(3) Insurance premiums;
(4) Utility payments or utility connection charges;
(5) Federal grant programs if:
(a) Advance funding is not prohibited; and
(b) The contracting party provides sufficient security for the amount advanced.
(6) Grants of state funds authorized by statute;
(7) Maintenance agreements or service agreements;
(8) Lease agreements or rental agreements;
(9) Principal and interest payments on bonds;
(11) State, federal or county taxes;
(12) Expenses that must be paid because of emergency circumstances; and/or
(13) Expenses described in an ordinance.
(C) Each payment under this section must be supported by a fully itemized claim. A majority of the Council shall review and allow or disallow the claim at the next regular Town Council meeting.
(Ord. 2.2-7-1, passed – -)
§ 33.02 BUSINESS OPERATIONS STARTUP.
When state tax revenues are received by the town, all expenditures from the Incorporation Fund which were used to start up operations for the town are to be reimbursed to the Incorporation Fund from the town’s General Fund.
(`96 Code, § 2.2-8)
§ 33.03 PURCHASING PROCEDURES.
(A) The Town Council is hereby designated as the Purchasing Agency for the town and shall exercise all of the powers and duties authorized under I.C. 5-22 et seq. The Town Council hereby designates the Clerk/Treasurer as the general purchasing agent for the town. The Clerk/Treasurer shall exercise all of the powers and duties of a purchasing agent authorized under I.C. 5-22 et seq. The Town Council further designates the Zoning Administrator as a purchasing agent only for purposed of purchasing small or emergency items of operating expense necessary to carry out the duties of Zoning Administrator and for operating expense of the Advisory Plan Commission and the Board of Zoning Appeals. The Zoning Administrator may only expend the funds as are available in a Petty Cash Fund specifically designated for the Plan Commission when making the purchases, and shall act as custodian over the Petty Cash Fund as set forth in the ordinance creating the Fund, and shall account to the Clerk/Treasurer for all funds expended on a periodic basis.
(B) The Town Council further designates the President of the Park Advisory Board as a purchasing agent, only for purposed of purchasing, small or emergency items of operating expense necessary to carry out the duties of the Park Advisory Board and to purchase operating supplies for the park pavilion. The President of the Park Advisory Board may only expend the funds as are available in a Petty Cash Fund specifically designated for the Park Advisory Board when making the purchases, and shall act as custodian over the Petty Cash Fund as set forth in the ordinance creating the Fund, and shall account to the Clerk/Treasurer for all funds expended on a periodic basis.
(C) The Town Council retains the right to change this designation or to designate additional purchasing agents as necessary.
(D) The following are the required purchasing rules for the town. The purchasing agent shall purchase only supplies manufactured in the United States unless the Town Council determines that:
(1) The needed supplies are not manufactured in the United States in reasonably available quantities;
(2) The price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere;
(3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
(4) The purchase of supplies manufactured in the United States is not in the public interest.
(E) The purchasing agent(s) may purchase small or emergency supplies of operating expense on behalf of the town at his or her discretion provided that the amount of the purchase does not exceed the amount maintained in a duly created Petty Cash Fund, over which the purchasing agent is a custodian, and which is established for the purpose for which the expenditure is being made. Any purchase which is not for a small or emergency item of operating expense requires prior approval of the Town Council.
(F) (1) Purchases under $25,000. The purchasing agent may purchase supplies with an estimated cost of less than $25,000 on the open market without inviting or receiving quotes or bids.
(2) Purchases between $25,000 and $75,000.
(a) If the purchasing agent expects a purchase to be at least $25,000, but not more than $75,000, the purchasing agent may make the purchase by inviting three quotes from persons known to deal in the types of supplies to be purchased.
(b) The purchasing agent shall mail an invitation to quote to three persons of his or her choice at least seven days before the time fixed for receiving the quotes. If the purchasing agent receives a satisfactory quote, he or she shall award the contract to the lowest responsible and responsive offeror.
(c) The purchasing agent may reject all quotes.
(d) If the purchasing agent does not a receive a quote from a responsible and responsive offeror, he or she may use the special purchasing methods set forth in I. C. 5-22-10-1 et seq. to purchase the necessary supplies.
(3) Purchases over $75,000. If the purchasing agent expects a purchase to be over $75,000, he or she shall use the competitive bidding procedures set forth in I.C. 5-22-7 et seq.
(G) The purchasing agent must obtain approval of the Town Council before purchasing services on behalf of the town. With the approval of the Town Council, the purchasing agent may purchase services, as needed, in whatever manner that the purchasing agent deems reasonable. The purchasing agent may purchase services on the open market without receiving quotes or bids.
(Ord. 2.0-5-1, passed 1-24-00)