Title III: Administration

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="3" width=174 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52eaac70.jpg" border=0 width="170" height="199" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <a href="http://www.amberalertindiana.com" target="_blank"><img src="http://www.amberalertindiana.com/showbutton.php" width="155" height="50" border="0"></a></div> <div> <A HREF="id31.htm" TARGET="_top" TITLE="Special Bulletins"><U><IMG SRC="0558c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id19.htm" TARGET="_top" TITLE="Services"><U><IMG SRC="0578c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id20.htm" TARGET="_top" TITLE="Government"><U><IMG SRC="0598c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="05b8c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <bR> </td> <td valign="top" colspan=2 height=157 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52503780.jpg" border=0 width="771" height="120" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Welcome Home"><U><IMG SRC="52676230.jpg" border=0 width="118" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id18.htm" TARGET="_top" TITLE="About Us"><U><IMG SRC="52c6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id29.htm" TARGET="_top" TITLE="Local News"><U><IMG SRC="52b69230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id30.htm" TARGET="_top" TITLE="Local Weather"><U><IMG SRC="52a6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id21.htm" TARGET="_top" TITLE="Local Links"><U><IMG SRC="5296f230.jpg" border=0 width="111" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="52869230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><IMG SRC="52772230.jpg" border=0 width="114" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> </div> </td> </tr><tr> <td valign="top" height=303 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> Title III: Administration: Administration</div> <div> <B>TITLE III:  ADMINISTRATION</B></div> <div> Chapter</div> <bR> <div> <B>30.     CITY GOVERNMENT</B></div> <bR> <div> APPENDIX: AMENDING ORDINANCE FORM</div> <div> 31.     CITY OFFICES AND DEPARTMENTS</div> <div> 32.     BOARDS AND COMMISSIONS</div> <div> 33.     CITY FUNDS</div> <div> 34.     CITY EMPLOYEES</div> <div> 35.     CITY POLICY</div> <bR> <div> <B>CHAPTER 30:  CITY GOVERNMENT</B></div> <div> Section</div> <bR> <div> Administrative Organization</div> <div> 30.01     Branches of city government</div> <bR> <div> Executive Branch; Mayor</div> <div> 30.10     Mayor; election and term</div> <div> 30.11     Powers and duties of Mayor</div> <div> 30.12     Deputy Mayor</div> <bR> <div> Legislative Branch; Common Council</div> <div> 30.25     Composition</div> <div> 30.26     Council election districts</div> <div> 30.27     Council meetings</div> <div> 30.28     Powers and duties of Council</div> <div> 30.29     Amendments</div> <div> 30.30     Recording and publication of ordinances</div> <div> 30.31     Compensation</div> <div> 30.32     Procedure to vacate public ways</div> <bR> <div> Fiscal Branch</div> <div> 30.45     Clerk-Treasurer; election and term</div> <div> 30.46     Powers and duties of Clerk-Treasurer</div> <div> 30.47     Payment of invoices and bills in advance of Common Council approval</div> <div> Appendix: Amending Ordinance Form</div> <div> Statutory reference:</div> <div> Judicial Branch, see I.C. 33-10.1-1-3, et seq.</div> <div> Economic revitalization; real and personal tax abatement procedures, see I.C. 6-1.1-12.1-1 et seq.</div> <bR> <div> <B>ADMINISTRATIVE ORGANIZATION</B></div> <div> § <B>30.01  BRANCHES OF CITY GOVERNMENT.</B></div> <div> The city government shall consist of the following branches.</div> <div> (A)     Executive Branch;</div> <div> (B)     Legislative Branch; and</div> <div> (C)     Fiscal Branch.</div> <div> (D)     Statutory Boards and Commissions.</div> <div> (`84 Code, §2-1)</div> <div> Statutory reference:</div> <div> Executive branch, see I.C. 36-4-5-1 et seq.</div> <div> Legislative branch, see I.C. 36-4-6-1 et seq.</div> <div> Fiscal branch, see I.C. 36-4-10-1 et seq.</div> <bR> <div> <B>EXECUTIVE BRANCH; MAYOR</B></div> <div> § <B>30.10  MAYOR; ELECTION AND TERM.</B></div> <div> (A)     City elections shall be held pursuant to I.C. Title 3, Elections as it may be amended from time to time.  (`84 Code, §2-4)</div> <div> (B)     The Mayor shall take office at 12:00 noon on the first day of January following his election and shall serve for four years and until a successor is elected and qualified.  (`84 Code, §2-5)</div> <div> Statutory reference:</div> <div> Vacancy of the office of the Executive defined, see  I.C. 36-4-5-9</div> <bR> <div> § <B>30.11  POWERS AND DUTIES OF MAYOR.</B></div> <div> (A)     The Mayor is the City Executive and the head of the Executive Branch of the city. He shall perform all the duties as prescribed by law that pertain to this office, including but not limited to the following</div> <div> (1)     Enforce the ordinances of the city and the statutes of the state.</div> <div> (2)     Provide a statement of the finances and general condition of the city to the Common Council at least once a year.</div> <div> (3)     Provide any information regarding city affairs that the Common Council requests.</div> <div> (4)     Recommend, in writing, to the Common Council, actions that he considers proper.</div> <div> (5)     Call special meetings of the Common Council when necessary.</div> <div> (6)     Supervise subordinate officers.</div> <div> (7)     Ensure efficient government of the city.</div> <div> (8)     Fill vacancies in city offices when required by I.C. 3-13-8 as it may be amended from time to time.</div> <div> (9)     Sign all bonds, deeds, and contracts of the city and all licenses issued by the city.</div> <div> (10) Approve or veto ordinances, orders, and resolutions of the Common Council under I.C. 36-4-6-15.</div> <div> (B)     The Mayor shall make all appointments as prescribed by law.</div> <div> (C)     The Mayor or his designee shall hear any complaint against a person to whom the city has issued a license.</div> <div> (D)     The Mayor shall meet with officers in charge of city departments on a monthly basis.</div> <div> (`84 Code, §2-6)</div> <div> Statutory reference:</div> <div> Powers and duties of the Mayor, see I.C.  36-4-5-3</div> <div> Mayor defined as the Executive of the City, see  I.C. 36-1-2-5</div> <div> Absence or illness of the Mayor or his inability to discharge his powers and duties, see I.C.  36-4-5-8</div> <div> Mayor authorized to make appointments  prescribed by law, see I.C. 36-4-9-2 and 36-4-9-8</div> <div> License hearing procedure, see I.C. 36-4-5-5</div> <div> Mayor authorized to meet monthly with department heads, see I.C. 36-4-5-6</div> <bR> <div> § <B>30.12  DEPUTY MAYOR.</B></div> <div> The Common Council may by ordinance establish the position of Deputy Mayor, who serves as the City Executive's Deputy.</div> <div> (`84 Code, §2-7)</div> <div> Statutory reference:</div> <div> Establishment of a Deputy Mayor position, see I.C. 36-4-9-7</div> <bR> <div> <B>LEGISLATIVE BRANCH; COMMON COUNCIL</B></div> <div> § <B>30.25  COMPOSITION.</B></div> <div> (A)     The Common Council is the legislative body of the city.</div> <div> (B)     The Common Council is composed of four members elected from the districts established and one at-large member. Each voter of the city may vote for one candidate for at-large membership and one candidate from each of the districts established. The at-large candidate and the candidate from each district receiving the most votes from the whole city shall be elected to the Common Council.</div> <div> (`84 Code, §3-1)</div> <bR> <div> § <B>30.26  COUNCIL ELECTION DISTRICTS.</B></div> <div> (A)     First District.  The First District shall consist of all that territory lying north of Main Street and east of a line running down the middle of Columbia Street, Columbia Drive and Harrison Street running from the intersection of Columbia Drive and Parr Road to U. S. Highway 27 and U. S. Highway 27.</div> <div> (B)     Second District.  The Second District shall consist of all that territory lying north of Main Street and west of the line running down the middle of Columbia Street, Columbia Drive and Harrison Street running from the intersection of Columbia Drive and Parr Road to U.S. Highway 27 and U.S. Highway 27.</div> <div> (C)     Third District.  The Third District shall consist of all that territory lying south of Main Street and west of U.S. Highway 27.</div> <div> (D)     Fourth District.  The Fourth District shall consist of all that territory lying south of Main Street and east of U.S. Highway 27.</div> <div> (Ord. 403, passed 12-14-92; Am. Ord. 521, passed 9-9-02)</div> <div> Statutory reference:</div> <div> Common Councils of third class cities, see I.C. 36-4-6-1 and I.C. 36-4-6-2</div> <div> Division of the city into four districts, see I.C. 36-4-6-5</div> <bR> <div> § <B>30.27  COUNCIL MEETINGS.</B></div> <div> (A)     Regular meetings.  The regular meetings of the Common Council shall be on the second and fourth Tuesdays of each month.  (`84 Code, §3-3)</div> <div> (B)     Special meetings.  Special meetings shall be held on the call of the Mayor, or upon the request of any three members of the Common Council.  (`84 Code, §3-4)</div> <div> (C)     Presiding officer.  The Mayor shall preside at all meetings of the Common Council, but may vote only in order to break a tie. The Council shall choose from its members a president pro tempore to preside whenever the Mayor is absent.  (`84 Code, §3-5)</div> <div> (D)     Quorum and votes to pass.</div> <div> (1)     A majority of all elected members of the Common Council constitutes a quorum.</div> <div> (2)     Passage of ordinances, orders, and resolutions shall be governed by applicable state statutes.</div> <div> (`84 Code, §3-6)</div> <div> Statutory reference:</div> <div> Regular and special Council meetings, see I.C.  36-4-6-7.</div> <div> Indiana Open Door Law, see I.C. 5-14-1.5-1 through I.C. 5-14-1.5-7</div> <div> Presiding officer, see I.C. 36-4-6-8</div> <div> Quorum requirements, see I.C. 36-4-6-10</div> <div> Passage of ordinances, resolutions, and orders, see I.C. 36-4-6-12 through I.C. 36-4-6-18</div> <bR> <div> § <B>30.28  POWERS AND DUTIES OF COUNCIL.</B></div> <div> (A)     Powers and duties.</div> <div> (1)     The Common Council may pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money.</div> <div> (2)     The Common Council may, by ordinance, make loans of money and issue bonds for the purpose of refunding loans.</div> <div> (3)     The Common Council may investigate departments, officers, and employees of the city, any charge against a department, officer, or employee of the city, and the affairs of a person with whom the city has entered or is about to enter into a contract.</div> <div> (4)     The Common Council may hire or contract their own legal counsel.</div> <div> (5)     The Common Council shall, by ordinance, fix the annual compensation of all elected city officers.</div> <div> (6)     The Common Council shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an ordinance making appropriations for the estimated department budgets and other city purposes during the ensuing budget year.</div> <div> (`84 Code, §3-7)</div> <div> (B)     Authority over the Berne Community Auditorium Building.  The Common Council, in consultation with the Board of Public Works and Safety, shall oversee the Berne Community Auditorium, a municipal building, subject to all state law provisions governing the management and operation of municipal buildings.  (`84 Code, §3-12)</div> <div> (C)     Authority to enter into interlocal cooperation agreements.  The city may enter into agreements with other political subdivisions and all state agencies for the purchase, sale, or exchange of services, supplies, or equipment pursuant to I.C. 36-1-7-1 et seq. as it may be amended from time to time.  (`84 Code, §3-13)</div> <div> (Ord. 91, passed 12-12-60)</div> <div> Statutory reference:</div> <div> Powers of the Common Council, see I.C. 36-4-6-18</div> <div> Procedure required to authorize loans by ordinance, see I.C. 36-4-6-19</div> <div> Council's investigatory powers, see I.C. 36-4-6-21</div> <div> Common Council authorized to hire their own attorney, see I.C. 36-4-6-24</div> <div> Procedure for setting the salaries of elected City officers, see I.C. 36-4-7-2</div> <div> Preparation and passage of the ordinance fixing a tax rate and making annual appropriations, see I.C. 36-4-7-7</div> <bR> <div> § <B>30.29  AMENDMENTS.</B></div> <div> (A)     All ordinances which are of a general and permanent nature, and which would amend the city Code, shall be in the form found in the Appendix: Amending Ordinance Form, at the end of this chapter.</div> <div> (`84 Code, §3-8)</div> <bR> <div> § <B>30.30  RECORDING AND PUBLICATION OF ORDINANCES.</B></div> <div> (A)     All ordinances, within a reasonable time after their passage, shall be recorded in a book kept for that purpose by the Clerk-Treasurer, and shall be maintained in the office of the Clerk-Treasurer and available for public inspection.</div> <div> (B)     Any adopted ordinance, order, or resolution which must be promulgated or published before it takes effect shall be done pursuant to applicable state statute.</div> <div> Statutory reference:</div> <div> Publication of ordinances and the maintenance of  a City Code, see I.C. 36-4-6-14</div> <div> Publication requirements when penalties or forfeiture for a violation are involved, see I.C. 5-3-1-1 et seq.</div> <bR> <div> § <B>30.31  COMPENSATION.</B></div> <div> (A)     The Common Council shall, by ordinance, fix the compensation of its own members, as well as other city employees and officers.</div> <div> (B)     The compensation of an elected city officer may not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the year 1980.</div> <div> (`84 Code, §3-11)</div> <div> Statutory reference:</div> <div> Compensation of elected officers, see I.C. 36-4-7-2</div> <bR> <div> § <B>30.32  PROCEDURE TO VACATE PUBLIC WAYS.</B></div> <div> Vacations of all or part of a public way or public place shall be done pursuant to I.C. 36-7-3-12 et seq. as it may be amended from time to time, which requires a proper petition and public hearing on each vacation ordinance before the Common Council.</div> <div> (`84 Code, §3-14)</div> <bR> <div> <B>FISCAL BRANCH</B></div> <div> § <B>30.45  CLERK-TREASURER; ELECTION AND TERM.</B></div> <div> (A)     The Clerk-Treasurer shall be elected in the same manner as the Mayor.</div> <div> (B)     The Clerk-Treasurer shall take office at 12:00 noon on the first day of January following his or her election, and shall serve for four years and until a successor is elected and qualified.</div> <div> (`84 Code, §2-10)</div> <bR> <div> § <B>30.46  POWERS AND DUTIES OF CLERK-TREASURER.</B></div> <div> (A)     Powers and duties.</div> <div> (1)     The Clerk-Treasurer is the Clerk and Fiscal Officer of the city and the head of the Fiscal Branch. He or she shall perform all of the duties as prescribed by law that pertain to this office.</div> <div> (2)     The Clerk-Treasurer shall serve as Clerk to the Common Council under I.C. 36-4-6-9 as it may be amended from time to time.</div> <div> (3)     The Clerk-Treasurer shall maintain and preserve all papers and property of the city in his/her  keeping, and, on going out of office, deliver the same to his successor.</div> <div> (4)     The Clerk-Treasurer shall keep the City Seal.</div> <div> (5)     The Clerk-Treasurer shall issue city licenses upon qualification of the applicant and payment of the license fee.</div> <div> (6)     The Clerk-Treasurer shall collect fees and fines as fixed by ordinance.</div> <div> (7)     The Clerk-Treasurer shall submit under oath to the Common Council a report of the accounts of the city showing the revenues, receipts, expenditures and sources of revenue.</div> <div> (8)     The Clerk-Treasurer shall perform all other duties prescribed for the Clerk and Fiscal Officer.</div> <div> (`84 Code, §2-11)</div> <div> (B)     Clerk-Treasurer's employees.  The Clerk- Treasurer is authorized to appoint any employees as are deemed necessary. Those employees serve at the pleasure of the Clerk-Treasurer.</div> <div> Statutory reference:</div> <div> Clerk-Treasurer defined as the fiscal officer of a third-class city, see I.C. 36-1-2-7</div> <div> General powers of the Clerk-Treasurer, see I.C. 36-4-10-4 and 36-4-10-5</div> <div> Employees of the Clerk-Treasurer, see I.C. 36-4-11-4</div> <bR> <div> § <B>30.47  PAYMENT OF INVOICES AND BILLS IN ADVANCE OF COMMON COUNCIL APPROVAL.</B></div> <div> (A)     Pursuant to and in accordance with I.C. 36-4-8-14, and notwithstanding I.C. 5-11-10, the Common Council authorizes that certain claim payments may be made and money disbursed, in advance of Common Council's prior allowance, for the following kinds of expenses as more particularly set out division (B).</div> <div> (B)     The Clerk-Treasurer is hereby authorized to disburse money for lawful city purposes before board allowance of the claim for the following specific kinds of expenses:</div> <div> (1)     Utility payments or utility connection charges, pursuant to I.C. 36-4-8-14(b)(4);</div> <div> (2)     Expenses that must be paid because of emergency circumstances, pursuant to I.C. 36-48-14(b)(12).</div> <div> (C)     Each such prepayment of expense must be supported by a fully itemized invoice or bill and certification by the Clerk-Treasurer as the fiscal officer of the city.</div> <div> (D)     The Common Council, as the legislative body having jurisdiction over the allowance of claims, shall review and allow the prepaid claims at its next regular or special meeting following the preapproved payment of the expense.</div> <div> (Ord. 495, passed 1-22-01)</div> <bR> <div> <B>APPENDIX:  AMENDING ORDINANCE FORM</B></div> <div> Ordinance No.</div> <div> (Short Title)</div> <div> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY</div> <div> OF BERNE, INDIANA, AMENDING CHAPTER______________</div> <div> ARTICLE____________________SECTION(S)__________OF THE</div> <div> BERNE CITY CODE BY THE INCLUSION/DELETION OF</div> <div> SECTION(S)____________ENTITLED_______________________</div> <div> WHEREAS,     (background statements setting forth the purpose or background of the ordinance)</div> <div> WHEREAS,</div> <div> WHEREAS,</div> <div> NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BERNE, INDIANA, AS FOLLOWS:</div> <div> SECTION I. Chapter_____,Article_______,Section(s)_______. of the Berne City Code, is/are hereby amended to read as follows:</div> <div> (set forth the exact language of the new ordinance)</div> <div> SECTION______. This Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and due publication.</div> <div> ADOPTED by the Common Council of the City of Berne, Adams County, Indiana, on this______day of _____, 20__.</div> <div> _______________________________________</div> <div> Name Presiding Officer</div> <div> ATTEST:</div> <div> _________________________________</div> <div> (Name) Clerk-Treasurer</div> <div> Approved by the Mayor this____day of_______,20___.</div> <div> _______________________________</div> <div> Mayor</div> <div> ATTEST</div> <div> _________________________________</div> <div> (Name) Clerk-Treasurer</div> <div> (`84 Code, §3-8)</div> <bR> <div> <B>CHAPTER 31:  CITY OFFICES AND DEPARTMENTS</B></div> <div> Section</div> <bR> <div> 31.01     Establishment of city departments</div> <div> 31.02     Department of Law</div> <div> 31.03     Fire Department</div> <div> 31.04     Police Department</div> <div> 31.05     Police Reserve Unit</div> <div> 31.06     Street and Sanitation Department</div> <div> 31.07     Waterworks Department</div> <div> 31.08     Department of Development</div> <div> 31.09     Department of Redevelopment</div> <bR> <div> § <B>31.01  ESTABLISHMENT OF CITY DEPARTMENTS.</B></div> <div> (A)     The following departments are established in the which are considered necessary to efficiently perform the administrative functions required to fulfill the needs of the city's citizens.</div> <div> Department of Law</div> <div> Fire Department</div> <div> Police Department</div> <div> Street and Sanitation Department</div> <div> Waterworks Department</div> <div> Department of Parks and Recreation</div> <div> Department of Development</div> <div> Sewage Utility Department</div> <div> Planning Department</div> <div> (B)     The departments established by this section shall perform all administrative functions assigned by statute and ordinance.</div> <div> (`84 Code, § 2-27)  (Ord. 221, passed 9-28-76; Ord. 265, passed 6-10-80)</div> <div> Statutory reference:</div> <div> Establishment of City Departments, see I.C.  36-4-9-4</div> <bR> <div> § <B>31.02  DEPARTMENT OF LAW.</B></div> <div> (A)     Department established.  The City Attorney is the head of the Department of Law.</div> <div> (B)     City Attorney.  The City Attorney shall perform all of the duties prescribed to him by statute and ordinance.</div> <div> (`84 Code, § 2-28)</div> <div> Statutory reference:</div> <div> City Attorney in third class cities, see I.C.  36-4-9-11(b) and (c)</div> <div> Powers and duties of the City Attorney, see I.C. 36-4-9-12</div> <bR> <div> § <B>31.03  FIRE DEPARTMENT.</B></div> <div> (A)     Department established. The Fire Department is established to operate a firefighting and fire prevention system, and may provide facilities and equipment for the system.</div> <div> (B)     Powers and duties.  The Fire Department shall perform all of the duties prescribed to it by law.</div> <div> (C)     Fire Chief.  The Department shall be headed by a Fire Chief.</div> <div> (`84 Code, § 2-29)</div> <div> Statutory reference:</div> <div> Authority to establish a Fire Department, see I.C 36-8-2-3</div> <bR> <div> § <B>31.04  POLICE DEPARTMENT.</B></div> <div> (A)     Department established. The Police Department is established to preserve public peace and order within the city.</div> <div> (B)     Powers and duties.  The Police Department shall perform all of the duties prescribed to it by law.</div> <div> (C)     The Department shall be headed by a Chief of Police.</div> <div> (`84 Code, § 2-30)</div> <div> Statutory reference:</div> <div> Authority to establish a Police Department, see  I.C. 36-8-2-2</div> <div> Powers and Duties of Police Departments, see  I.C. 36-8-3-10</div> <bR> <div> § <B>31.05  POLICE RESERVE UNIT.</B></div> <div> (A)     Creation, appointments, terms, qualifications.  A Police Reserve Unit is created, with the membership consisting of not more than 12 persons. The Police Reserve Unit shall be made up of persons who, at the time of their appointment, shall be residents of the city, and who have been actual residents thereof for at least one year prior to their appointment. Each member shall be in good physical condition and of good character and not less than 21 years of age. Appointments to the Police Reserve Unit shall be made by the Mayor, by and with the advice and counsel of the Common Council for a term of two years. Any member of the Police Reserve Unit may be discharged at any time with or without cause and without a hearing by the Mayor with the advice and consent of the Common Council. The Chief of Police may make recommendations to the Mayor concerning the appointment to the Police Reserve Unit and the discharging from the Police Reserve Unit of any person. Regular full-time members of the Police Department shall not be eligible for membership in the Police Reserve Unit.</div> <div> (B)     Oath, commissions, powers, duties.  The Police Reserve Unit shall function under the immediate direction of the Chief of Police, or in his absence, the senior officer on duty. Before entering upon his duties, each member shall take and subscribe to the same oath or affirmation as provided by the statutes to be taken and subscribed by all municipal police officers. Members of the Police Reserve shall have all the powers and authority and shall be subject to all the duties of members of the regularly constituted Police Department, and shall be subject to the rules and regulations governing the Police Department, provided, however, that membership in the Police Reserve Unit shall not constitute membership of the regularly constituted Police Department, nor shall any member of the Police Reserve Unit be entitled to any right or privilege of members of the regularly constituted Police Department, nor to any other prerequisite or emolument attaching to membership in the regularly constituted Police Department.</div> <div> (C)     Training and by-laws.  The Chief of Police shall determine the program for training members of the Police Reserve Unit in police work. The Police Reserve Unit may adopt its own by-laws and rules or regulations, and any and all amendments thereof shall at all times be subject to approval by the Mayor and Common Council, and shall not conflict with any provisions of this section and shall be subordinate at all times to the ordinances of the city and to rules and regulations of the Police Department and to the orders of the Chief of Police.</div> <div> (D)     Compensation.  No member of the Police Reserve Unit shall receive any compensation from the city for his services as a member of the Police Reserve Unit, except as may be provided from time to time by resolution of the Mayor and Common Council.</div> <div> (E)     Uniforms. The members of the Police Reserve Unit shall furnish their own uniforms and other necessary equipment without reimbursement from the city, excepting only to the extent, if any, specifically provided for in the annual appropriation ordinance of the city.</div> <div> (F)     Officers, election and terms.  The officers of the Police Reserve Unit shall consist of those officers as shall be provided for in its by-laws.</div> <div> (G)     Financial accounts.  The financial accounts of the Police Reserve Unit shall be subject to audit at any time the Mayor and Common Council may designate. Any audit may be made by the Clerk-Treasurer or other accountant or auditor appointed by the Mayor and Common Council for this purposes. The fiscal officer of the Police Reserve Unit shall present all records and books of account of the Police Reserve Unit for audit when requested to do so by the Common Council.</div> <div> (H)     Waiver of liability.  Each present member of the Police Reserve Unit shall promptly, after being appointed as a member of the Unit, prior to taking his oath of office, execute and deliver to the Clerk-Treasurer an instrument in form to be approved by the City Attorney, releasing the city from all liability for any injury or death of the member in the line of duty as a member of the unit, excepting only liability, if any, as shall be attributed to gross negligence on the part of the city.</div> <div> (`84 Code, § 2-31)  (Ord. 235, passed 10-25-77)</div> <div> Statutory reference:</div> <div> Authority to establish Police Reserves, see I.C. 36-8-3-20</div> <bR> <div> § <B>31.06  STREET AND SANITATION DEPARTMENT.</B></div> <div> (A)     Department established.  The Department of Streets and Sanitation is created and established with full power and authority to act as provided by law.</div> <div> (B)     Superintendent. The operation of the Department of Streets and Sanitation shall be directed by a Superintendent, who shall receive for his services compensation fixed by ordinance.</div> <div> (C)     Duties of Superintendent. The Superintendent shall have the power and the following shall be the duties of the Superintendent, within the general and fiscal policies prescribed by the Common Council.</div> <div> (1)     Exercise general supervision of and make regulations for the administration of the affairs of the department.</div> <div> (2)     Maintain and keep in repair all streets, alleys, crosswalks, public parking areas and public sewers, within the city.</div> <div> (3)     Maintain and keep in repair all drains within the radius of the corporate limits of the city as prescribed by law and which drains afford outlets for storm waters or sanitary sewage for property within the city.</div> <div> (4)     Erect, maintain, and keep in repair all street name signs, traffic signs, and regulatory signs and street or pavement markings as have been or shall be ordered installed by the Board of Public and Safety Works or the Common Council.</div> <div> (5)     Provide for regular refuse collection within the city.</div> <div> (6)     Operate and maintain the Street and Sanitation Department Building.</div> <div> (7)     Keep all trucks, tractors, loaders, graders, sweepers, machinery and equipment of the department in good repair.</div> <div> (8)     Designate, in the absence of the Superintendent while on vacation, sick leave, or out of the city on official business, the employee of the department who shall serve in the absence of the Superintendent.</div> <div> (9)     Employ any necessary workmen at rates prescribed by the Common Council, set up work schedules and assign duties, keep accurate records of the hours of employment on forms to be furnished by the Clerk-Treasurer, and supervise employees under his control.</div> <div> (10) Maintain maps and other permanent records of all sewer repairs, installations, and cleaning operations.</div> <div> (11)     Prepare and submit an annual budget, accompanied by a complete inventory of the equipment and supplies of the department, giving age and condition of the major items.</div> <div> (12)     Advise the Common Council from time to time as to the operation of the Department and of its needs and requirements, and cooperate with other departments, boards and agencies of the city.</div> <div> (`84 Code, § 2-32)</div> <bR> <div> § <B>31.07  WATERWORKS DEPARTMENT.</B></div> <div> (A)     Department established.  The Waterworks Department is established with full power and authority to act as provided by law.</div> <div> (B)     Superintendent.  The operation of the Waterworks Department shall be directed by a Superintendent, who shall receive for his services compensation fixed by ordinance of the Common Council.</div> <div> (C)     Duties of the Superintendent. The Superintendent shall have the power and the following shall be the duties of the Superintendent within the general and fiscal policies prescribed by the Common Council.</div> <div> (1)     Exercise general supervision of and make rules and regulations for the operation and administration of the affairs of the department.</div> <div> (2)     Maintain and keep in good repair the waterworks operation of the city, as well as all of its machinery and equipment.</div> <div> (3)     Designate, in the absence of the Superintendent while on vacation, sick leave, or out of the city on official business, the employee of the department who shall serve in the absence of the Superintendent.</div> <div> (4)     Employ any necessary employees at rates prescribed by the Common Council, set up work schedules, assign duties, keep accurate records of hours of employment on forms furnished by the Clerk-Treasurer, and supervise employees under his control.</div> <div> (5)     Maintain maps and other pertinent records of all water line repairs and installations.</div> <div> (6)     Prepare and submit an annual budget, accompanied by a complete inventory of the equipment and supplied of the department, giving the age and condition of major items.</div> <div> (7)     Advise the Common Council from time to time as to the operation of the department and of its needs and requirements, and cooperate with other departments, boards, and agencies of the city.</div> <div> (`84 Code, § 2-33)</div> <bR> <div> § <B>31.08  DEPARTMENT OF DEVELOPMENT.</B></div> <div> (A)     Department established.  The Department of Development is established with full power and authority to act as provided by law.</div> <div> (B)     Purpose.  The Department is created to help meet the need for the financing of economic development facilities and pollution control facilities as defined in I.C. 36-7-12-2, as it may be amended from time to time.</div> <div> (C)     Powers and duties.  The appointment of members, terms of office and the powers and duties shall be governed by applicable state law.</div> <div> (`84 Code, § 2-35)  (Ord. 265, passed 6-10-80)</div> <div> Statutory reference:</div> <div> State law provisions governing Economic Development and Pollution control, see I.C. 36-7-12-1 et seq.</div> <bR> <div> § <B>31.09  DEPARTMENT OF REDEVELOPMENT.</B></div> <div> (A)     The Common Council of the city now deems it to be in the best interest of the city and its citizens to afford a maximum opportunity for rehabilitation, redevelopment or economic development of areas by private enterprise and the city by establishing a department of redevelopment.</div> <div> (B)     The Common Council hereby establishes the Department of Redevelopment of the city. The Department will be controlled by a board of five members known as the Berne Redevelopment Commission.</div> <div> (C)     Pursuant to the IC 36-7-14 and 36-7-25 (collectively "Act"), all the territory within the corporate boundaries of the city will be a special taxing district to be known as the Berne Redevelopment District for the purpose of levying and collecting special benefit taxes for redevelopment and City Offices and Depareconomic development purposes as provided in the Act. The Common Council finds and determines that all of the taxable property within this special taxing district will be considered to be benefitted by the redevelopment projects and economic development projects carried out under the Act to the extent of the special taxes levied under the Act.</div> <div> (4)     (a)     The Mayor of the city shall appoint three of the five members of the Berne Redevelopment Commission.</div> <div> (b)     The term of office of the members of the Berne Redevelopment Commission shall  commence from the date of their appointment and expire on January 1, 2005.</div> <div> (Ord. 525, passed 4-28-03)</div> <bR> <div> <B>CHAPTER 32:  BOARDS AND COMMISSIONS</B></div> <div> Section</div> <bR> <div> 32.01     Economic Development Commission</div> <div> 32.02     Plan Commission</div> <div> 32.03     Park Board</div> <div> 32.04     Police Pension Board of Trustees</div> <div> 32.05     Tree Board</div> <div> 32.06     Board of Public works and Safety</div> <bR> <div> § <B>32.01  ECONOMIC DEVELOPMENT COMMISSION.</B></div> <div> (A)     The Department of Development shall be under the control of the Economic Development Commission.</div> <div> (B)     The Commission shall consist of three members, one nominated by the Mayor, one nominated by the Common Council, and one nominated by the Adams County Council, with each to be appointed by the Mayor.</div> <div> (C)     The Commission shall carry out all of the powers and duties assigned to it by I.C. 36-7-12-1 through I.C. 36-7-12-37 as it may be amended from time to time.</div> <div> (`84 Code, § 2-38)  (Ord. 265, passed 6-10-80)</div> <bR> <div> § <B>32.02  PLAN COMMISSION.</B></div> <div> (A)     Established.  A Plan Commission is established, consisting of nine members, which members of the Plan Commission shall be appointed as follows: the Common Council shall appoint three persons in the City Government as members. The Mayor shall appoint four citizen members, not more than two of whom shall be members of the same political party; and the County Circuit Court Judge shall appoint two members.</div> <div> (B)     Membership.  The members of the Plan Commission appointed by the Common Council shall have terms coextensive with the term of office or position to which they had been elected or appointed. The citizen members of the Plan Commission shall be appointed for the following terms: two for a term of three years; two for a term of four years. The terms shall expire on the first day of January of the second, third, or fourth year respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years.</div> <div> (C)     Meetings.  The Plan Commission shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July and October. The citizen and fringe area members of the Plan Commission shall be paid, for each meeting attended, a reasonable sum established.</div> <div> (D)     Powers and duties.  The Plan Commission may formulate policies for the development of public ways, public places, public structures, and public and private utilities, may formulate policies for the issuance of improvement location permits on platted and unplatted lands, may formulate policies of the laying out and development of public ways and services to platted and unplatted lands, and shall have other powers and duties as specified in applicable state law, and specifically adopts the “Advisory Planning Law” as set forth in I.C. 36-7-4-100 et seq.</div> <div> (E)     Purposes.  The purpose of the Commission is to plan for future development of the city, to plan for the orderly use and growth of highway, utility, health, educational, and recreational facilities, and to maintain and improve the present health, safety, convenience, and welfare of the citizens.</div> <div> (`84 Code, § 2-39)  (Ord. 94, passed 6-12-61)</div> <div> Statutory reference:</div> <div> City Plan Commission defined as a Municipal Plan Commission, see I.C. 36-7-1-12</div> <div> Advisory Plan Commission defined as a Municipal Plan Commission, see I.C. 36-7-1-2</div> <div> Authority of a Plan Commission to adopt a comprehensive plan for any part of the contiguous unincorporated area within two miles from</div> <div> the corporate boundaries of the municipality, see I.C. 36-7-4-205</div> <bR> <div> § <B>32.03  PARK BOARD.</B></div> <div> (A)     Establishment.  The Park Board shall be composed of seven members, as follows.</div> <div> (1)     Four citizen members, of whom no more than two may be of the same political party.</div> <div> (2)     One member who shall be a member of the Common Council.</div> <div> (3)     One member who shall be a member of the Tree Board.</div> <div> (4)     One member who shall be an officer of the Berne Little League.</div> <div> (B)     Selection of members.</div> <div> (1)     The Mayor shall select all members of the Park Board. Each appointment shall be made for a four-year term. All terms shall expire on the first Monday of January, but an appointee shall continue in office until a successor is appointed. If a vacancy on the Board occurs, the Mayor shall appoint a member for the unexpired term.</div> <div> (2)     Notwithstanding anything to the contrary, upon the initial establishment of a seven-member Park Board, the citizen members shall initially be appointed for the following terms of office.</div> <div> (a)     One for a term of one year to the first Monday of January, 1994.</div> <div> (b)     One for a term of two years to the first Monday of January, 1995.</div> <div> (c)     One for a term of three years to the first Monday of January, 1996.</div> <div> (d)     One for a term of four years to the first Monday of January, 1997.</div> <div> (3)     The remaining members shall initially be appointed until the first Monday of January, 1996.</div> <div> (C)     Organization of Board.  At its first regular meeting in each year, the Board shall select a President and Vice-President. The Vice-President shall have authority to act as the President of the Board during the absence or disability of the President. The Board may select a Secretary either from within or without its own membership.</div> <div> (D)     Meetings of the Board.  All meetings of the Board shall be public meetings. The Board shall fix the time and place of its meetings, the meetings being held at least quarterly. Special meetings may be called by the President of the Board or by any three Board members.</div> <div> (E)     Quorum.  A majority of members shall constitute a quorum. Action of the Park Board is not official unless it is authorized at a regular special meeting by a majority of the entire membership of the Board.</div> <div> (F)     Powers and duties of the Board.  The Park Board shall serve the Common Council in an advisory capacity. In its advisory capacity the Park Board may exercise the following powers and duties.</div> <div> (1)     To exercise general supervision of and recommend rules governing the use of Park and Recreational facilities by the public to the Common Council.</div> <div> (2)     To make recommendations and file an annual report to the Common Council concerning the operation of Park and Recreation Programs.</div> <div> (3)     To interview prospective custodians for Lehman Park and to recommend to the Common Council an appropriate contract for the custodian's services.</div> <div> (4)     To exercise any other powers and duties as authorized or directed by the Common Council.</div> <div> (Ord. 405, passed 4-26-93)</div> <bR> <div> § <B>32.04  POLICE PENSION BOARD OF TRUSTEES.</B></div> <div> (A)     Purpose.  The Board of Trustees shall administer the Police Pension Fund.</div> <div> (B)     Compensation.  The Board of Trustees shall be composed of three members: the Mayor, the Clerk-Treasurer, and the Chief of Police.</div> <div> (C)     Quorum.  A majority of the Trustees shall constitute a quorum for the transaction of business pertaining to the Police Pension Fund.</div> <div> (D)     Compensation.  The Trustees shall receive no pay for their services and shall be paid only their necessary expenses; provided that the Trustees, the Secretary, and each member of the police force so selected by the Board of Trustees shall be paid out of the fund their necessary traveling expenses when acting upon matters pertaining to the fund.</div> <div> (E)     By-laws.  The Board shall have the power to make all necessary by-laws for meetings of the Trustees and all matters connected with the care, preservation and disbursement of the fund.</div> <div> (F)     Officers.  The Mayor shall be the President of the Board, and the Clerk-Treasurer shall be its Treasurer. The Board shall select one of its members to act as Secretary, and the Secretary shall be paid out of the funds, the sum for his or her services as may be fixed by the Board of Trustees.</div> <div> (G)     Reports.  The Secretary and Treasurer shall make full, true and accurate reports of their trust to the Board of Trustees on the first Monday in February of each year, copies of which report shall be filed with the Clerk-Treasurer.</div> <div> (H)     Deductions.  The Board of Trustees shall have full charge and control of the Police Pension Fund and shall deduct from the salary of each patrolman 3% of the annual salary, which sum shall be deducted each month from the pay of each member of the Police Department. This percentage may be modified in conformity with any amendment to applicable Indiana laws.</div> <div> (I)     Insufficient funds.  If, in the judgment of the Board of Trustees, the amount of money available for any year will be insufficient to pay benefits provided by law, the Trustees shall, prior to the date on which the budget of the city is adopted, prepare an itemized estimate in a form as shall be prescribed by the State Board of Accounts of the amount of money which will be receipted into and disbursed from the Police Pension find during the fiscal year next ensuing. Monies shall then be levied for those insufficient amounts to pay the benefits required by statute.</div> <div> (J)     Investments.  The Board of Trustees shall determine how much of the fund may be safely invested and how much shall be retained for the needs, demands, and exigencies of the fund. Investments shall be made in interest bearing bonds of the United States of America, or the State of Indiana, or any municipal corporation of the State of Indiana, or any street, sewer or other improvement bonds of any city or town in this state. Investments shall be according to those investments permitted by statute.</div> <div> (K)     Benefits.  The Board of Trustees shall pay benefits to disabled and retired policemen as provided by state statute as amended from time to time.</div> <div> (L)     State law. This section is enacted in conformity with applicable state law which may be amended from time to time.</div> <div> (`84 Code, § 2-45)  (Ord. 127, passed 6-14-65)</div> <bR> <div> § <B>32.05  TREE BOARD.</B></div> <div> (A)     Establishment.  There is hereby created and established a City Tree Board, which shall be composed of seven members, citizens and residents of this city, who shall be appointed by the Mayor. The Board shall function with the approval and guidance of the Mayor and the Common Council. Members of the Board shall serve without compensation.</div> <div> (B)     Term of office.</div> <div> (1)     Each appointment to the Tree Board shall be made for a three-year term. Appointees may serve 2 three-year terms of office on the Board. If a vacancy occurs during the term of any appointee, his or her successor shall be appointed for the unexpired term. The appointee would thereafter be eligible for 2 three-year terms on the Board after serving the unexpired portion of the term caused by the vacancy.</div> <div> Notwithstanding anything to the contrary, upon the initial establishment of the Tree Board, the appointees shall initially be appointed for the following terms.</div> <div> (a)     One appointee for a term expiring on the first Monday of January, 1994.</div> <div> (b)     Two appointees for a term expiring on the first Monday of January, 1995.</div> <div> (c)     Two appointees for a term expiring on the first Monday of January, 1996.</div> <div> (d)     Two appointees for a term expiring on the first Monday of January, 1997.</div> <div> (C)     Organization.  At its first regular meeting of each year, the Board shall select a President and Vice-President. The Vice-President shall have authority to act as the President of the Board during the absence or disability of the President. The Board may select a Secretary either from within or without its own membership.</div> <div> (D)     Meetings.  All meetings of the Board shall be public meetings. The Board shall fix the time and place of its meetings, the meetings being held at least quarterly. Special meetings may be called by the President of the Board or by three members.</div> <div> (E)     Quorum.  A majority of members shall constitute a quorum. Action of the Tree Board is not official unless it is authorized at a regular or special meeting by a majority of the entire membership of the Board.</div> <div> (F)     Powers and duties of the Board.  The Tree Board is granted the following powers and duties by the Common Council as follows.</div> <div> (1)     Tree inventory. To establish and maintain a tree inventory for all trees on street rights-of-way, public parks and other public places.</div> <div> (2)     Planting of trees.  To exercise general supervision over the planting of all trees located within street rights-of-way, public parks and other public places of the city. In exercising this supervision, the Board shall make certain that newly planted trees are watered, staked and mulched for at least three years. The Tree Board shall prepare and submit an annual report to the Common Council concerning any tree plantings and obtain approvals for plantings as the Council may require. In its supervision over the planting of trees, the Board shall be bound by the following specifications and requirements.</div> <div> (a)     Tree species.  The Board shall develop and maintain a list of desirable trees for planting along streets in three size classes: small, medium and large. A list of trees not suitable for planting will also be created and enforced by the Board.</div> <div> (b)     Spacing.  The spacing of street trees will be in accordance with the three species size classes listed above, and no trees will be planted closer together than the following: small trees, 25 feet; medium trees, 35 feet; and large trees, 45 feet; except in special plantings designed by a landscape architect.</div> <div> (c)     Utilities.  No street trees may be planted within ten feet of any underground water line, sewer line, transmission line, fire hydrant, or other utility.</div> <div> (d)     Distance from curb and sidewalk. No trees may be planted closer to any curb or sidewalk than the following: small trees, 1½ feet; medium trees, 2½ feet; and large trees, 3 feet.</div> <div> (e)     Site selection.  Trees shall not be planted within 30 feet of an intersection or 15 feet of driveways and alleys.</div> <div> (f)     Lehman Park.  All new plantings of trees in Lehman Park shall be in coordination with the Park Board.</div> <div> (g)     Other new plantings.  All new plantings of trees along street rights-of-way in cooperation with adjacent private property owners' suggestions and desires.</div> <div> (3)     Inspection of trees and written recommendations.  To inspect all trees on street rights- of-way, public parks and other public places as often as necessary, to determine if they are subject to any infectious disease or insect problem, are dead or dying, obstruct street lights or street signs, interfere with the free passage of pedestrians or vehicles, or pose a threat to safety. To make recommendations at least annually to the Common Council and Street Department concerning trees on street rights-of-way, public parks and other public places which should be cut, trimmed, removed, sprayed, topped or otherwise treated.</div> <div> (4)     Advisory body to private developers on voluntary basis.  To work with private developers in existing or new subdivisions and other property owners upon request of those individuals to review landscaping plans and to encourage and promote the planting of trees on public rights-of-way in the developments and subdivisions in accordance with the specifications and requirements set out in this section.</div> <div> (5)     Other duties and powers.  To exercise other duties and powers as authorized or directed by the Common Council.</div> <div> (Ord. 413, passed 8-16-93)</div> <bR> <div> § <B>32.06  BOARD OF PUBLIC WORKS AND SAFETY.</B></div> <div> (A)     Composition.</div> <div> (1)     The Board of Public Works and Safety shall be composed of the Mayor and two Mayoral appointees, and is within the Executive Branch of the city.</div> <div> (2)     The Clerk-Treasurer shall be the Clerk to the Board.</div> <div> (3)     The Board shall be the Chief Administrative body of the city, shall have control of the day-to-day operations of its executive departments, and shall perform all duties prescribed to it by law.</div> <div> (`84 Code, § 2-15)</div> <div> (B)     Function.</div> <div> (1)     Role of Board.  The Board is authorized to collect and dispose of all garbage and rubbish within the city.</div> <div> (2)     Definitions.  For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> GARBAGE.  Shall include rejected food wastes, and every waste accumulation of animal, fruit or vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables.</div> <div> RUBBISH.  Shall include such matter as ashes, cans, metal ware, broken glass, crockery, dirt, sweepings, boxes, lumber, wood, grass, weeds, or litter or any kind.</div> <div> (3)     Rules and regulations.  The Board is authorized, subject to the approval of the Common Council, to prescribe and promulgate regulations providing methods to be used in the storage, collection and disposal of all garbage and rubbish.</div> <div> (4)     Superintendent. The Board is authorized to appoint a Superintendent of Garbage and Rubbish Collection and disposal to supervise the collection and disposal. The Board is further authorized to employ all necessary labor and to procure all necessary vehicles and equipment and to purchase, lease, contract or rent real estate to properly administer the provisions of this section.</div> <div> (5)     Private contractors.  In its discretion, the Board may ask for and accept bids from a private contractor for the handling of the service described in this section with bids to be advertised for and accepted in the manner now provided by law. In the event a contract is entered into, a contractor shall be subject to the regulations of the Board as to the manner and method of collection and disposal of garbage and rubbish, and no other private person, firm or corporation shall be permitted to furnish the service to the city.</div> <div> (6)     Charges.  If the Board shall undertake to perform the service provided herein or to provide for service by contract with a private contractor, it is authorized to determine and fix a fair and reasonable charge to be made against owners, occupants or lessees, subject to the approval of the Common Council, and, by regulation, to establish a method of collection of charges.</div> <div> (`84 Code, § 6-5)  (Ord. 36, passed 8-24-53)</div> <div> Statutory reference:</div> <div> Board of Public Works and Safety in Third Class Cities, see I.C. 36-4-9-8</div> <div> Specific powers of the City Works Board, see I.C. 36-9-6-1 through I.C. 36-9-6-24</div> <bR> <div> <B>CHAPTER 33:  CITY FUNDS</B></div> <div> Section</div> <bR> <div> 33.01     Cumulative capital improvement fund</div> <div> 33.02     Water utility cash reserve fund</div> <div> 33.03     Park and recreation fund</div> <div> 33.04     Police pension fund</div> <div> 33.05     Accident report account</div> <div> 33.06     Firearms training fund</div> <div> 33.07     Economic development income tax fund</div> <div> 33.08     Gifts and donations fund</div> <div> 33.09     Sidewalk matching funds partnership program and fund</div> <div> 33.10     Payment of membership dues from general fund</div> <bR> <div> § <B>33.01  CUMULATIVE CAPITAL IMPROVEMENT FUND.</B></div> <div> (A)     Establishment.  A special fund is established to be known as the Cumulative Capital Improvement Fund, into which the state cigarette taxes allotted to the city shall be deposited. The fund shall be a cumulative fund and all of the monies deposited into it shall be appropriated and used solely for capital improvements as hereinafter defined, and none of the monies shall revert to the general fund or be used for any purposes other than capital improvements.</div> <div> (B)     Definition. The term CAPITAL IMPROVEMENTS means the construction or improvement of any property owned by the city, including but not limited to streets, thoroughfares and sewers, and the retirement of general obligation bonds of the city, issued, and proceeds used for the purposes of constructing capital improvements. The term CAPITAL IMPROVEMENT shall not include salaries of any public officials or employees, except those which are directly chargeable to a capital improvement.</div> <div> (`84 Code, § 2-50)</div> <div> (C)     Levy rate.  The maximum rate of shall not exceed $0.15 per $100 assessed valuation each year for the years 1994, 1995, and 1996.</div> <div> (D)     Use of funds.</div> <div> (1)     The funds accumulated in the Cumulative Capital Development Fund will be used for all purposes authorized and described in I.C. 36-9-16-2, 36-9-16-3, 36-8-14, 36-9-16.5, 36-9-17, 36-9-26, 36-10-3-21 and 36-10-4-36.</div> <div> (2)     Notwithstanding subdivision (D)(1) above, funds accumulated in the Cumulative Capital Development Fund may be spent for purposes other than the purposes stated if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Mayor issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund.</div> <div> (Ord. 129, passed 8-9-98; Am. Ord. 338, passed 6-8-87; Am. Ord. 374, passed 5-14-90; Am. Ord. 408, passed 6-14-93)</div> <bR> <div> § <B>33.02  WATER UTILITY CASH RESERVE FUND.</B></div> <div> (A)     Establishment.  There is established a Cash Reserve Fund within and on the records of the City Water Utility, into which fund may be transferred or contributed surplus earnings of that utility from and after June 26, 1989.</div> <div> (B)     Definition.  SURPLUS EARNINGS are defined as those cash earnings remaining after provision has been made to take care of current obligations, including operating expenses, depreciation or replacement fund, bond and interest sinking fund, retirement fund, and any other priority fund requirements fixed by law.</div> <div> (C)     Deposit of funds.  Surplus earnings from the Water Utility may be deposited in the Cash Reserve Fund by resolution of the Common Council at a time or times as is determined to be proper. Provided, however, that all transfers or contributions from the water utility to the Cash Reserve Fund shall be made after compliance with City Ordinance No. 269, adopted November 18, 1980, and all amendments and supplements thereto.</div> <div> (D)     Use of funds.  The Cash Reserve Fund may be used to make loans to other utilities owned by the city, for periods not to exceed five years, at any interest rate. and interest, if any, shall be returned to the Cash Reserve Fund. All loans shall be evidenced by a written promissory note setting out the terms and conditions of the loan. It is the intent of this ordinance to adopt the provisions of I.C. 8-1.5-3-11(F).</div> <div> (Ord. 360, passed 7-10-89)</div> <bR> <div> § <B>33.03  PARK AND RECREATION FUND.</B></div> <div> (A)     Establishment.  Effective January 1, 1977, a fund to be known as the Park and Recreation Fund is established.</div> <div> (B)     Deposits.  All appropriations of the existing Park Fund of the general fund shall be transferred to the Park and Recreation Fund on January 1, 1977. Appropriated but unspent monies of the Park Fund for 1976 shall also be transferred to the Recreation Fund. Balances transferred under this section shall be those existing as of December 31, 1976.</div> <div> (C)     Transfers.  The Recreation Fund from and after January 1, 1977, shall be known as the Park and Recreation Fund. All appropriations of the Recreation Fund, including all tax draw monies transferred from the Park Fund of the general fund as well as appropriated by unspent monies of 1976 of the fund existing on December 31, 1976, shall automatically be transferred into the Park and Recreation Fund.</div> <div> (D)     Appropriations.  All appropriations and funds budgeted for the Park Fund of the general fund and the Recreation Fund for the fiscal year of 1977 shall be transferred into the Park and Recreation Fund on January 1, 1977.</div> <div> (`84 Code, § 2-52)  (Ord. 225, passed 12-21-76)</div> <bR> <div> § <B>33.04  POLICE PENSION FUND.</B></div> <div> The Police Pension Fund is established and shall be administered pursuant to the terms of § 32.04 of this Code.</div> <div> (`84 Code, § 2-53)</div> <bR> <div> § <B>33.05  ACCIDENT REPORT ACCOUNT.</B></div> <div> (A)     (1)     There is created an Accident Report Account for the Police Department.</div> <div> (2)     The source of funds which are to be deposited into the fund are the fees received for accident reports and information under I.C. 9-29-11-1.</div> <div> (3)     The fund may be expended at the discretion of the Chief Administrative Officer of the Police Department, for any department purpose reasonably related to the keeping of accident reports and records or the prevention of street and highway accidents.</div> <div> (4)     The rules for proper accounting and expenditure of monies collected and deposited into the fund shall be those established by the State Board of Accounts.</div> <div> (`84 Code, § 2-54)</div> <div> (B)     (1)     The Police Department is authorized to charge a fee of $3 for each photocopy of an accident report furnished upon request to all interested person, firms or corporations.</div> <div> (2)     Monies collected shall become a part of the accident report account as set forth in division (A) of this section, pursuant to I.C. 9-29-11-1.</div> <div> (`84 Code, § 4-9)</div> <div> Statutory reference:</div> <div> Police Department authorized to charge a fee fixed by ordinance in an amount of not less than $3 for each written report, see I.C. 9-29-11-1</div> <bR> <div> § <B>33.06  FIREARMS TRAINING FUND.</B></div> <div> (A)     A Firearms Training Fund is established for the Police Department.</div> <div> (B)     The source of funds which are to be deposited into the fund are the application fees collected for licenses to carry handguns under I.C. 35-47-2-3.</div> <div> (C)     The fund is to be used by the Police Department and used exclusively for the purpose of training law enforcement officers in the proper use of firearms or other law enforcement duties.</div> <div> (D)     The rules for proper accounting and expenditure of monies collected and deposited into the fund shall be those established by the State Board of Accounts.</div> <div> (`84 Code, § 2-55)</div> <bR> <div> § <B>33.07  ECONOMIC DEVELOPMENT INCOME TAX FUND.</B></div> <div> (A)     There is established the city Economic Development Income Tax Fund.</div> <div> (B)     The Clerk-Treasurer is directed to deposit any revenues received from the County Economic Development Income Tax into this fund.</div> <div> (C)     Moneys deposited in the fund shall be used only as provided in I.C. 6-3.5-7-13.1.</div> <div> (Ord. 421, passed 4- -94)</div> <bR> <div> § <B>33.08  GIFTS AND DONATIONS FUND.</B></div> <div> (A)     There is established the City Gifts and Donations Fund.</div> <div> (B)     The Clerk-Treasurer is directed to deposit all gifts and donations which have been accepted by the city into this fund.</div> <div> (C)     Moneys accepted and deposited into the fund shall be used and expended for any lawful purposes granted by the Indiana Code to municipalities in the State of Indiana. All expenditures and disbursements from the fund may be made without further appropriation, but shall receive due authorization of the Common Council.</div> <div> (Ord. 462, passed 1-26-98)</div> <bR> <div> § <B>33.09  SIDEWALK MATCHING FUNDS PARTNERSHIP PROGRAM AND FUND.</B></div> <div> (A)     There is established the Sidewalk Matching Funds Partnership Program and Fund.</div> <div> (B)     The Clerk-Treasurer is directed to deposit general tax revenues which have been received and appropriated into this fund, which shall be known as the City of Berne Residential Sidewalk Matching Funds Partnership Fund.</div> <div> (C)     Moneys appropriated into the fund shall be used and expended as matching funds for the reconstruction of sidewalks and curbs abutting city streets in the city, pursuant to the program requirements as hereafter set out. The matching fund grant of the city shall not exceed 50% of the total material and labor costs for the removal, excavation and reconstruction of the sidewalk, curb and driveway. This matching fund limitation shall not, however, be applicable for any additional improvements beyond the lot lines of the property owner and located on city rights-of-way. No sidewalks, curbs or driveways shall qualify for this program, and matching funds that are used primarily for commercial, business or industrial purposes. Property owners shall be eligible for this program only to replace, repair and reconstruct existing sidewalks, benefitting residential real estate.</div> <div> (D)     To qualify for a matching fund award, a property owner of residential real estate shall apply to the Street Department on forms made available by the Street Department. All work done and materials furnished under the Sidewalk Matching Funds Partnership Program shall be done and furnished by the Street Department and/or the winning bidder on the city's annual curb and sidewalk replacement bid.</div> <div> (Ord. 483, passed 2-28-00)</div> <bR> <div> § <B>33.10  PAYMENT OF MEMBERSHIP DUES FROM GENERAL FUND.</B></div> <div> (A)     The Common Council is authorized to budget and appropriate funds from the general fund or from other funds to provide membership for the city and the elected and appointed officials and members of the municipality's boards, council, department, or agencies in local, regional, state, and national associations of a civic, educational or governmental nature, which have as their purpose the betterment and improvement of municipal operation.</div> <div> (B)     The Common Council is further authorized to budget and appropriate funds to pay the expenses of daily authorized representatives to attend the meetings and functions of organization to which the city belongs.</div> <div> (`84 Code, § 2-56)</div> <bR> <div> <B>CHAPTER 34:  CITY EMPLOYEES</B></div> <div> Section</div> <bR> <div> 34.01     Personnel Policy adopted by reference</div> <div> 34.02     City offices and employees</div> <div> 34.03     Compensation and salaries</div> <div> 34.04     Official surety bonds</div> <bR> <div> § <B>34.01  PERSONNEL POLICY ADOPTED BY REFERENCE.</B></div> <div> The rules and regulations for city employees, which are attached to Ord. 411, are made a part of this code as if set forth in full herein.</div> <div> (Ord. 411, passed 6-28-93; Am. Ord. 451, passed 1-13-97; Am. Ord. 472, passed 4-26-99; Am. Ord. 474, passed 6-28-99)</div> <bR> <div> §<B> 34.02  CITY OFFICES AND EMPLOYEES.</B></div> <div> (A)     The Mayor shall appoint the following.</div> <div> (1)     A City Attorney.</div> <div> (2)     A Chief of the Fire Department.</div> <div> (3)     A Chief of the Police Department.</div> <div> (4)     Sanitation Department Superintendent.</div> <div> (5)     Sewage Department Superintendent.</div> <div> (6)     Street Department Superintendent.</div> <div> (7)     Water Works Department Super- intendent.</div> <div> (8)     Any other officers.</div> <div> (B)     The officers appointed by the Mayor pursuant to this section shall exercise and perform the duties as prescribed by law that pertain to the office.</div> <div> (`84 Code, § 2-16)</div> <div> Statutory reference:</div> <div> Appointment of City officers, see I.C. 36-4-9-8</div> <bR> <div> § <B>34.03  COMPENSATION AND SALARIES.</B></div> <div> The Common Council shall fix the compensation or salary of all city employees and officers by appropriate ordinance. For a complete listing of the salaries of city employees and elected officials the ordinances shall be found in the office of the City Clerk.</div> <div> (`84 Code, § 2-23)</div> <div> Statutory reference:</div> <div> Compensation of elected officers, see I.C. 36-4-7-2</div> <bR> <div> § <B>34.04  OFFICIAL SURETY BONDS.</B></div> <div> Individual official surety bonds required by I.C. 5-4-1-18, as it may be amended from time to time, shall be provided by the city. A blanket bond may be obtained to cover the faithful performance of all other employees, commission members, and persons acting on behalf of the city, so required to be covered.</div> <div> (`84 Code, § 2-25)</div> <bR> <div> <B>CHAPTER 35:  CITY POLICY</B></div> <div> Section</div> <bR> <div> Release of Criminal History Data</div> <div> 35.01     Purpose</div> <div> 35.02     Definitions</div> <div> 35.03     Disposition reports</div> <div> 35.04     Release of data</div> <div> 35.05     Information to accompany data</div> <div> 35.06     Fee schedule</div> <div> 35.07     Exemptions</div> <div> 35.08     Editing of information</div> <div> 35.09     Release of information to subject; challenge</div> <div> 35.10     Application</div> <div> 35.11     Use of funds</div> <div> 35.12     Confidentiality</div> <bR> <div> <B>RELEASE OF CRIMINAL HISTORY DATA</B></div> <div> § <B>35.01  PURPOSE.</B></div> <div> The purpose of this subchapter is to establish procedures for release and/or inspection of a limited criminal history and to establish, collect, use and distribute fees to process requests for inspection and/or release of limited criminal histories.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.02  DEFINITIONS.</B></div> <div> For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> COUNCIL.  The security and privacy council created under I.C. 5-2-5-11.</div> <div> CRIMINAL HISTORY DATA.  Information collected by criminal justice agencies or individuals consisting of identifiable descriptions and notations of arrests, indictments, information, or other formal criminal charges, and any disposition, including sentencing and correctional system intake, transfer, and release. It includes information obtained from a federal department of justice information system.</div> <div> CRIMINAL JUSTICE AGENCY.  Any agency or department of any level of government whose principal function is the apprehension, prosecution, adjudication, incarceration, probation, rehabilitation, representation of criminal offenders, or location of parents with child support obligations under 42 USC 653.</div> <div> DEPARTMENT. The Indiana State Police Department.</div> <div> DISPOSITION.  Information disclosing that criminal proceedings have been concluded or indefinitely postponed.</div> <div> INSPECTION.  Visual perusal; includes the right to make memoranda abstracts of the information.</div> <div> LAW ENFORCEMENT AGENCY.  The City Police Department.</div> <div> LIMITED CRIMINAL HISTORY.  Information with respect to any arrest, indictment, information, or other formal criminal charge, which must include a disposition. However, information about any arrest, indictment, information, or other formal criminal charge which occurred less than one year before the date of a request shall be considered a limited criminal history even if no disposition has been entered.</div> <div> RELEASE.  The furnishing of a copy, or edited copy, of criminal history data.</div> <div> REPORTABLE OFFENSES.  All felonies and those Class A misdemeanors which the superintendent may designate.</div> <div> REQUEST.  The asking for release or inspection of a limited criminal history by noncriminal justice organizations or individuals in a manner which:</div> <div> (1)     Reasonably ensures the identification of the subject inquiry; and</div> <div> (2)     Contains a statement of the purpose for which the information is requested.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> §<B> 35.03  DISPOSITION REPORTS.</B></div> <div> The Police Department shall furnish disposition reports on forms provided by the Indiana State Police Department in compliance with I.C. 5-2-5-3.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.04  RELEASE OF DATA.</B></div> <div> (A)     Release of data to criminal justice agencies. The Police Department shall provide criminal history data to any other criminal justice agency, upon request, and may receive criminal history data from any other criminal justice agency. When a request is made by an agency doing a pre-sentence investigation, the information shall be transmitted not later than seven days after the date that the request is received.</div> <div> (B)     Release of data to noncriminal justice organizations or individuals.</div> <div> (1)     (a)     Except as provided in division (B)(2), the Police Department shall, on request, release or allow inspection of a limited criminal history to noncriminal justice organizations or individuals only if the subject of the request:</div> <div> 1.     Has applied for employment with a noncriminal justice organization or individual;</div> <div> 2.     Has applied for a license and criminal history data as required by law to be provided in connection with the license;</div> <div> 3.     Is a candidate for public office or a public official;</div> <div> 4.     Is in the process of being apprehended by a law enforcement agency;</div> <div> 5.     Is placed under arrest for the alleged commission of a crime;</div> <div> 6.     Has charged that his rights have been abused repeatedly by criminal justice agencies;</div> <div> 7.     Is the subject of judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing or probation;</div> <div> 8.     Has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;</div> <div> 9.     Is being investigated for welfare fraud by an investigator of the division of family and children or a county office of family and children; or</div> <div> 10.     Is being sought by the parent locator service of the child support bureau of the division of family and children.</div> <div> (b)     However, limited criminal history information obtained from the National Crime Information Center may not be released under this section except to the extent by the Attorney General of the United States.</div> <div> (2)     The Police Department shall allow inspection of a limited criminal history by and release a limited criminal history to the following noncriminal justice organizations:</div> <div> (a)     Federal chartered or insured banking institutions.</div> <div> (b)     Officials of state and local government for the purpose of employment and licensing.</div> <div> (c)     Segments of the securities industry identified under 15 USC 78q(f)(2).</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.05  INFORMATION TO ACCOMPANY DATA.</B></div> <div> The Police Department, upon receipt of a request for a limited criminal history shall accompany the inspection and release of any limited criminal history with a written statement to the noncriminal justice organization or individual which receives it, that the history may not be utilized for purposes:</div> <div> (A)     Other than those stated in the request; or</div> <div> (B)     Which deny the subject any civil right to which the subject is entitled.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> §<B> 35.06  FEE SCHEDULE.</B></div> <div> On request for release or inspection of a limited criminal history, the Police Department shall assess the following fees to defray the cost of processing requests for inspection and/or release:</div> <div> (A)     Request for inspection:     $3.</div> <div> (B)     Request for release:     $7.</div> <div> (C)     Requests of data to subject person:     $7.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.07  EXEMPTIONS.</B></div> <div> The following shall be exempt from the fees established under section § 35.06.</div> <div> (A)     Requests from the parent locator service of the child support bureau of the division of family and children shall be exempt from the fees herein established, and the Police Department shall supply copies at no cost to the parent locator service.</div> <div> (B)     Requests for the release of a limited criminal history record if the requests are made by a nonprofit organization which:</div> <div> (1)     Has been in existence for at lease ten years; and</div> <div> (2)     Either has a primary purpose of providing an individual relationship for a child with an adult volunteer if the request is made as a part of a background investigation of a perspective adult volunteer for the organization; or is a home health agency licensed under I.C. 16-27-1.</div> <div> (C)     Requests for the release of a limited criminal history record made by the division of family and children, or a county office of family and children if the requests are made as a part of the background investigation of an applicant for a license under I.C. 12-17.2 or I.C. 12-17.4</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.08  EDITING OF INFORMATION.</B></div> <div> The Police Department shall edit information so that the only information released or inspected is information that has been requested and is limited criminal history information.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> §<B> 35.09  RELEASE OF DATA TO SUBJECT; CHALLENGE.</B></div> <div> Unless otherwise prohibited by law, the Police Department, upon request and proper identification of the person about whom criminal history data is maintained, shall provide that person with a copy of his criminal history data for the fee as set out in the Fee Schedule in § 35.06. Any person may challenge the information contained in his criminal history data file. If a person makes a challenge under this section, the Police Department shall:</div> <div> (A)     Make the changes requested, if it determines the data is an error; or</div> <div> (B)     Conduct a hearing under I.C. 4-21.5-3 if requested by the person making the challenge.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.10  APPLICATION.</B></div> <div> This subchapter is not applicable to and does not prevent the release or inspection of information contained in the following.</div> <div> (A)     Wanted person posters or announcements.</div> <div> (B)     An original record of entry, such as a police blotter, maintained by a criminal justice agency.</div> <div> (C)     Published court or administrative opinions or records of public judicial administrative or legislative proceedings.</div> <div> (D)     Records of traffic offenses by the Bureau of Motor Vehicles.</div> <div> (E)     Announcements of pardon or executive clemency.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.11  USE OF FUNDS.</B></div> <div> All revenues collected pursuant to this subchapter shall be deposited in the general fund, to be used for all lawful purposes of that fund as permitted by law.</div> <div> (Ord. 439, passed 2-26-96)</div> <bR> <div> § <B>35.12  CONFIDENTIALITY.</B></div> <div> Nothing herein shall obligate or require the Police Department to release confidential records or protected work product unless the releases are directed pursuant to appropriate court order or authorized by written release, signed by a person who otherwise is entitled to confidentiality which authorizes the Police Department to provide copies or information.</div> <div> (Ord. 439, passed 2-26-96)</div> </td> <td valign="top" rowspan="2" width=40 BGCOLOR="#000000" TEXT="#F7F7FF"> <bR> </td> </tr><tr> <td valign="top" height=20 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <B>©2008 </B><A HREF="http://sparksdesign.googlepages.com/" TARGET="_top" TITLE="http://sparksdesign.googlepages.com/"><U><B>Sparks Design of Berne</B></U></A><B>. 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