Introduced Version
HOUSE BILL No. 1218
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-26; IC 3-8-1-28; IC 3-13; IC 5-1-4-4;
IC 5-11; IC 6-1.1; IC 7.1-3-9-7; IC 8-1.5; IC 8-22-3-30; IC 9-22-1-27;
IC 10-18-4; IC 11-13-1-1; IC 32-21-2-3; IC 32-24-2-1; IC 33-35-3;
IC 36.
Synopsis: Local government matters. Allows a third class city that
adopts second class city status to elect a city clerk-treasurer instead of
electing a city clerk and appointing a city controller. Allows the
northwestern Indiana regional planning commission to pay a claim or
purchase order without obtaining a vendor's signature. Requires a
county, city, or township fiscal body to approve travel expenses of
officials and certain deputies that attend a conference conducted by the
state board of accounts. Allows a municipality with a department of
storm water management to collect delinquent rates and charges by
obtaining a lien on real property within the storm water district.
Eliminates the requirement that a city legislative body hold its first
regular meeting at 7:30 p.m. on a Monday. Increases the maximum
term of a loan that a city or town may enter into from five to ten years.
Eliminates the requirement that a city legislative body publish an
ordinance that fixes the annual compensation of elected officials.
Provides that the compensation of an incumbent elected city officer
may not be changed in the year for which it is fixed or reduced below
the amount fixed for the previous year. Allows a city or a town to pay
meal expenses of city or town employees traveling on official business
before the expenses are allowed by the board that has jurisdiction over
allowance of the claims. Eliminates the annual requirement for a city
to set a proposed property tax rate. Requires the county board of tax
adjustment or the county auditor to set the rate, subject to review by the
department of local government finance. Establishes a deadline of
September 30 for a municipality to address property tax and budget
matters and to set employee compensation for the following year.
Removes a reference to a repealed statute.
Effective: July 1, 2005.
Ayres, Stevenson, Hinkle
January 6, 2005, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1218
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-5-2-26; (05)IN1218.1.1. -->
SECTION 1. IC 3-5-2-26 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 26. "Fiscal officer" means the:
(1) the city controller or clerk-treasurer of a second class city;
or
(2) the clerk-treasurer of a town; or
(3) clerk-treasurer of a third class city.
SOURCE: IC 3-8-1-28; (05)IN1218.1.2. -->
SECTION 2. IC 3-8-1-28 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 28. A candidate for the office of
city clerk of a second class city, or city clerk- treasurer of a second
class city, or city clerk -treasurer of a third class city must have resided
in the city for at least one (1) year before the election.
SOURCE: IC 3-13-8-5; (05)IN1218.1.3. -->
SECTION 3. IC 3-13-8-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A vacancy in the office of
mayor of a second class city not covered by section 1 of this chapter
shall be filled as follows:
(1) If the city has a deputy mayor, the deputy mayor assumes the
office for the remainder of the unexpired term.
(2) If the city does not have a deputy mayor, the city controller or
city clerk-treasurer assumes the office for the remainder of the
unexpired term.
(3) If the city does not have a deputy mayor and the office of city
controller or city clerk-treasurer is vacant, the common council
shall fill the vacancy at a regular or special meeting.
(b) The city clerk or president of the common council shall give
notice of the meeting required under subsection (a)(3), which shall be
held within thirty (30) days after the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
(c) Until the vacancy is filled, the council shall designate one (1) of
its members to serve as acting mayor.
SOURCE: IC 3-13-8-6; (05)IN1218.1.4. -->
SECTION 4. IC 3-13-8-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) A vacancy in the office of city
clerk of a second class city or city clerk- treasurer of a second class
city not covered by section 1 of this chapter shall be filled by the mayor
or acting mayor, subject to the approval of the common council.
(b) The common council shall vote on the question of approving the
mayor or acting mayor's appointment at a regular or special meeting.
The president of the common council shall give notice of the meeting,
which shall be held within thirty (30) days after the appointment is
made. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
SOURCE: IC 3-13-8-7; (05)IN1218.1.5. -->
SECTION 5. IC 3-13-8-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 7. A vacancy in the common
council of a second class city not covered by section 1 of this chapter
shall be filled by the remaining members of the council at a regular or
special meeting. The city clerk
or city clerk-
treasurer shall give
notice of the meeting, which shall be held within thirty (30) days after
the vacancy occurs. The notice must:
(1) be in writing;
(2) state the purpose of the meeting;
(3) state the date, time, and place of the meeting; and
(4) be sent by first class mail to each council member at least ten
(10) days before the meeting.
SOURCE: IC 3-13-11-14; (05)IN1218.1.6. -->
SECTION 6. IC 3-13-11-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. In accordance with
section 12 of this chapter, if the position of deputy mayor is not
established by ordinance in a first class or second class city, the city
controller or city clerk-treasurer assumes the duties of mayor until
the office is filled under this chapter.
SOURCE: IC 5-1-4-4; (05)IN1218.1.7. -->
SECTION 7. IC 5-1-4-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The legislative body of any
county, second or third class city, or town in which is located one (1)
or more participating hospitals, upon request in writing by the board of
trustees or other governing board of any such participating hospital,
may adopt a resolution for the creation of an authority under this
chapter.
(b) Upon the adoption of the resolution, there is created an authority
which shall be a body corporate and politic for the purpose of
financing, acquiring, constructing, equipping, and leasing a project or
projects to participating hospitals located in the county, city, or town
or refunding outstanding indebtedness of participating hospitals located
in the county, city, or town as authorized by this chapter, or both.
(c) If the authority is created by a resolution of the legislative body
of a county, it shall be known as the "Hospital Authority of
__________ County" (include the name of the county).
(d) If the authority is created by resolution of the legislative body of
a second or third class city or town, it shall be known as the "Hospital
Authority of __________" (include the name of the city or town).
(e) The county auditor, the city clerk, the city clerk- treasurer, or
the town clerk -treasurer, as the case may be, shall file a certified copy
of the resolution with the executive of the county, city, or town, as the
case may be, in which the authority is created.
SOURCE: IC 5-11-10-1; (05)IN1218.1.8. -->
SECTION 8. IC 5-11-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) This section
applies to the state and its political subdivisions. However, this section
does not apply to the following:
(1) The state universities.
(2) Ivy Tech State College.
(3) A municipality (as defined in IC 36-1-2-11).
(4) A county.
(5) An airport authority operating in a consolidated city.
(6) A capital improvements board of managers operating in a
consolidated city.
(7) A board of directors of a public transportation corporation
operating in a consolidated city.
(8) A municipal corporation organized under IC 16-22-8-6.
(9) A public library.
(10) A library services authority.
(11) A hospital organized under IC 16-22 or a hospital organized
under IC 16-23.
(12) A school corporation (as defined in IC 36-1-2-17).
(13) A regional water or sewer district organized under IC 13-26
or under IC 13-3-2 (before its repeal).
(14) A municipally owned utility (as defined in IC 8-1-2-1).
(15) A board of an airport authority under IC 8-22-3.
(16) A conservancy district.
(17) A board of aviation commissioners under IC 8-22-2.
(18) A public transportation corporation under IC 36-9-4.
(19) A commuter transportation district under IC 8-5-15.
(20) A solid waste management district established under
IC 13-21 or IC 13-9.5 (before its repeal).
(21) A county building authority under IC 36-9-13.
(22) A soil and water conservation district established under
IC 14-32.
(23) The northwestern Indiana regional planning commission
established by IC 36-7-7.6-3.
(b) No warrant or check shall be drawn by a disbursing officer in
payment of any claim unless the same has been fully itemized and its
correctness properly certified to by the claimant or some authorized
person in the claimant's behalf, and filed and allowed as provided by
law.
(c) The certificate provided for in subsection (b) is not required for:
(1) claims rendered by a public utility for electric, gas, steam,
water, or telephone services, the charges for which are regulated
by a governmental body;
(2) a warrant issued by the auditor of state under IC 4-13-2-7(b);
(3) a check issued by a special disbursing officer under
IC 4-13-2-20(g); or
(4) a payment of fees under IC 36-7-11.2-49(b) or
IC 36-7-11.3-43(b).
(d) The disbursing officer shall issue checks or warrants for all
claims which meet all of the requirements of this section. The
disbursing officer does not incur personal liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(e) The certificate provided for in subsection (b) must be in the
following form:
I hereby certify that the foregoing account is just and correct, that
the amount claimed is legally due, after allowing all just credits,
and that no part of the same has been paid.
SOURCE: IC 5-11-10-1.6; (05)IN1218.1.9. -->
SECTION 9. IC 5-11-10-1.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.6. (a) As used in this
section, "governmental entity" refers to any of the following:
(1) A municipality (as defined in IC 36-1-2-11).
(2) A school corporation (as defined in IC 36-1-2-17), including
a school extracurricular account.
(3) A county.
(4) A regional water or sewer district organized under IC 13-26
or under IC 13-3-2 (before its repeal).
(5) A municipally owned utility that is subject to IC 8-1.5-3 or
IC 8-1.5-4.
(6) A board of an airport authority under IC 8-22-3.
(7) A board of aviation commissioners under IC 8-22-2.
(8) A conservancy district.
(9) A public transportation corporation under IC 36-9-4.
(10) A commuter transportation district under IC 8-5-15.
(11) The state.
(12) A solid waste management district established under
IC 13-21 or IC 13-9.5 (before its repeal).
(13) A levee authority established under IC 14-27-6.
(14) A county building authority under IC 36-9-13.
(15) A soil and water conservation district established under
IC 14-32.
(16) The northwestern Indiana regional planning commission
established by IC 36-7-7.6-3.
(b) As used in this section, "claim" means a bill or an invoice
submitted to a governmental entity for goods or services.
(c) The fiscal officer of a governmental entity may not draw a
warrant or check for payment of a claim unless:
(1) there is a fully itemized invoice or bill for the claim;
(2) the invoice or bill is approved by the officer or person
receiving the goods and services;
(3) the invoice or bill is filed with the governmental entity's fiscal
officer;
(4) the fiscal officer audits and certifies before payment that the
invoice or bill is true and correct; and
(5) payment of the claim is allowed by the governmental entity's
legislative body or the board or official having jurisdiction over
allowance of payment of the claim.
This subsection does not prohibit a school corporation, with prior
approval of the board having jurisdiction over allowance of payment of
the claim, from making payment in advance of receipt of services as
allowed by guidelines developed under IC 20-10.1-25-3.
(d) The fiscal officer of a governmental entity shall issue checks or
warrants for claims by the governmental entity that meet all of the
requirements of this section. The fiscal officer does not incur personal
liability for disbursements:
(1) processed in accordance with this section; and
(2) for which funds are appropriated and available.
(e) The certification provided for in subsection (c)(4) must be on a
form prescribed by the state board of accounts.
SOURCE: IC 5-11-14-1; (05)IN1218.1.10. -->
SECTION 10. IC 5-11-14-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) As used in this
section, "official" includes the following:
(1) An elected official who is entitled to attend a conference
under this section.
(2) An individual elected to an office who is entitled to attend a
conference under this section.
(3) A deputy or an assistant to an elected official who is entitled
to attend a conference under this section.
(b) The state board of accounts shall annually call a conference of
each of the following:
(1) County auditors and auditors elect.
(2) County treasurers and treasurers elect.
(3) Circuit court clerks and circuit court clerks elect.
(c) Each of the conferences called under subsection (b):
(1) must be held at a time and place fixed by the state examiner;
(2) may be held statewide or by district; and
(3) may not continue for longer than three (3) days in any one (1)
year.
(d) The following training must be provided at each conference
called under subsection (b):
(1) The proper use of forms prescribed by the state board of
accounts.
(2) The keeping of the records of the respective offices.
(3) At the conference for county treasurers and treasurers elect,
investment training by the following:
(A) The treasurer of state.
(B) The board for depositories.
(C) Any other person the state examiner considers to be
competent in providing investment training.
(4) Any other training that, in the judgment of the state examiner,
will result in the better conduct of the public business.
(e) The state examiner may hold other conferences for:
(1) the officials described in subsection (b); or
(2) other county, city, or township officers;
whenever in the judgment of the state examiner conferences are
necessary.
(f) Whenever a conference is called by the state board of accounts
under this section, an elected official, at the direction of the state
examiner, may require the attendance of:
(1) each of the elected official's appointed and acting chief
deputies or chief assistants; and
(2) if the number of deputies or assistants employed:
(A) does not exceed three (3), one (1) of the elected official's
appointed and acting deputies or assistants; or
(B) exceeds three (3), two (2) of the elected official's duly
appointed and acting deputies or assistants.
(g) The fiscal body of a unit shall approve the following
expenditures for each official representing the unit and attending
any conference under this section: shall be allowed,
(1) A sum for mileage at a rate determined by the fiscal body
of the unit the official represents for each mile necessarily
traveled in going to and returning from the conference by the
most expeditious route. a sum for mileage at a rate determined by
the fiscal body of the unit the official represents. Regardless of
the duration of the conference, only one (1) mileage
reimbursement shall be allowed to the official furnishing the
conveyance although the official transports more than one (1)
person.
(2) Each official shall also be allowed, while attending a
conference called under this section, An allowance for lodging for
each night preceding conference attendance in an amount equal
to the single room rate. However, lodging expense, in the case of
a one (1) day conference, shall only be allowed for persons who
reside fifty (50) miles or farther from the conference location.
(3) Each official shall be reimbursed, Reimbursement of an
official in an amount determined by the fiscal body of the unit the
official represents, for meals purchased while attending a
conference called under this section. Regardless of the duration
of the conference, only one (1) mileage reimbursement shall be
allowed to the official furnishing the conveyance although the
official transports more than one (1) person.
(h) The state board of accounts shall certify the number of days of
attendance and the mileage for each conference to each official
attending any conference under this section.
(i) All payments of mileage and lodging shall be made by the proper
disbursing officer in the manner provided by law on a duly verified
claim or voucher to which shall be attached the certificate of the state
board of accounts showing the number of days attended and the
number of miles traveled. All payments shall be made from the general
fund from any money not otherwise appropriated and without any
previous appropriation being made therefor.
SOURCE: IC 6-1.1-17-3; (05)IN1218.1.11. -->
SECTION 11. IC 6-1.1-17-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) As used in this
section, "city" has the meaning set forth in IC 36-1-2-3.
(a) (b) Except as provided in subsection (e), the proper officers of
a political subdivision shall formulate its estimated budget and its
proposed tax rate and tax levy on the form prescribed by the
department of local government finance and approved by the state
board of accounts. The political subdivision shall give notice by
publication to taxpayers of:
(1) the estimated budget;
(2) the estimated maximum permissible levy;
(3) the current and proposed tax levies of each fund; and
(4) the amounts of excessive levy appeals to be requested.
In the notice, the political subdivision shall also state the time and
place at which a public hearing will be held on these items. The notice
shall be published twice in accordance with IC 5-3-1 with the first
publication at least ten (10) days before the date fixed for the public
hearing.
(b) (c) The board of directors of a solid waste management district
established under IC 13-21 or IC 13-9.5-2 (before its repeal) may
conduct the public hearing required under subsection (a): (b):
(1) in any county of the solid waste management district; and
(2) in accordance with the annual notice of meetings published
under IC 13-21-5-2.
(c) (d) The trustee of each township in the county shall estimate the
amount necessary to meet the cost of poor relief township assistance
in the township for the ensuing calendar year. The township board shall
adopt with the township budget a tax rate sufficient to meet the
estimated cost of poor relief. township assistance. The taxes collected
as a result of the tax rate adopted under this subsection are credited to
the township poor relief assistance fund.
(e) The officers of a city:
(1) are not required to formulate a proposed tax rate for the
city; and
(2) shall comply with subsection (b), except for the
requirement to formulate a proposed tax rate.
SOURCE: IC 6-1.1-17-5; (05)IN1218.1.12. -->
SECTION 12. IC 6-1.1-17-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The officers of
political subdivisions shall meet each year to fix the budget, tax rate (if
the political subdivision is required by law to fix the tax rate), and
tax levy of their respective subdivisions for the ensuing budget year as
follows:
(1) The fiscal body of a consolidated city and county, not later
than the last meeting of the fiscal body in September.
(2) The fiscal body of a second class city, municipality, not later
than September 30.
(3) The board of school trustees of a school corporation that is
located in a city having a population of more than one hundred
five thousand (105,000) but less than one hundred twenty
thousand (120,000), not later than:
(A) the time required in section 5.6(b) of this chapter; or
(B) September 20 if a resolution adopted under section 5.6(d)
of this chapter is in effect.
(4) The proper officers of all other political subdivisions, not later
than September 20.
Except in a consolidated city and county and in a second class city, the
public hearing required by section 3 of this chapter must be completed
at least ten (10) days before the proper officers of the political
subdivision meet to fix the budget, tax rate (if the political subdivision
is required by law to fix the tax rate), and tax levy. In a consolidated
city and county and in a second class city, that public hearing, by any
committee or by the entire fiscal body, may be held at any time after
introduction of the budget.
(b) Ten (10) or more taxpayers may object to a budget, tax rate, or
tax levy of a political subdivision fixed under subsection (a) by filing
an objection petition with the proper officers of the political
subdivision not more than seven (7) days after the hearing. The
objection petition must specifically identify the provisions of the
budget, tax rate, and tax levy to which the taxpayers object.
(c) If a petition is filed under subsection (b), the fiscal body of the
political subdivision shall adopt with its budget a finding concerning
the objections in the petition and any testimony presented at the
adoption hearing.
(d) This subsection does not apply to a school corporation. Each
year at least two (2) days before the first meeting of the county board
of tax adjustment held under IC 6-1.1-29-4, a political subdivision shall
file with the county auditor:
(1) a statement of the tax rate (if the political subdivision is
required by law to fix the tax rate) and levy fixed by the
political subdivision for the ensuing budget year;
(2) two (2) copies of the budget adopted by the political
subdivision for the ensuing budget year; and
(3) two (2) copies of any findings adopted under subsection (c).
Each year the county auditor shall present these items to the county
board of tax adjustment at the board's first meeting.
(e) In a consolidated city and county and in a second class city, the
clerk of the fiscal body shall, notwithstanding subsection (d), file the
adopted budget and tax ordinances with the county board of tax
adjustment within two (2) days after the ordinances are signed by the
executive, or within two (2) days after action is taken by the fiscal body
to override a veto of the ordinances, whichever is later.
(f) If a fiscal body does not fix the budget, tax rate (if the fiscal
body is required by law to fix a tax rate), and tax levy of the political
subdivisions for the ensuing budget year as required under this section,
the most recent annual appropriations and annual tax levy are
continued for the ensuing budget year.
SOURCE: IC 6-1.1-17-6; (05)IN1218.1.13. -->
SECTION 13. IC 6-1.1-17-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The county board
of tax adjustment shall review the budget, tax rate, and tax levy of each
political subdivision filed with the county auditor under section 5 or 5.6
of this chapter. The board shall revise or reduce, but not increase, any
budget, tax rate, or tax levy in order:
(1) to limit the tax rate to the maximum amount permitted under
IC 6-1.1-18; and
(2) to limit the budget to the amount of revenue to be available in
the ensuing budget year for the political subdivision.
The board shall set the tax rate for each city that files a budget and
tax levy with the county auditor under section 5 of this chapter.
(b) The county board of tax adjustment shall make a revision or
reduction in a political subdivision's budget only with respect to the
total amounts budgeted for each office or department within each of the
major budget classifications prescribed by the state board of accounts.
(c) When the county board of tax adjustment:
(1) sets the tax rate of a city under subsection (a); or
(2) makes a revision or reduction in a budget, tax rate, or tax levy;
it the board shall file with the county auditor a written order which
indicates the action taken. If the board reduces the budget, it shall also
indicate the reason for the reduction in the order. The chairman of the
county board shall sign the order.
SOURCE: IC 6-1.1-17-7; (05)IN1218.1.14. -->
SECTION 14. IC 6-1.1-17-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. If the boundaries of
a political subdivision cross one (1) or more county lines, the political
subdivision shall file the budget, tax levy, and tax rate (if the political
subdivision is required by law to fix the tax rate) fixed by the
political subdivision shall be filed with the county auditor of each
affected county in the manner prescribed in section 5 or 5.6 of this
chapter. The board of tax adjustment of the county which contains the
largest portion of the value of property taxable by the political
subdivision, as determined from the abstracts of taxable values last
filed with the auditor of state, has jurisdiction over the budget, tax rate,
and tax levy to the same extent as if the property taxable by the
political subdivision were wholly within the county. The secretary of
the county board of tax adjustment shall notify the county auditor of
each affected county of the action of the board. Appeals from actions
of the county board of tax adjustment may be initiated in any affected
county.
SOURCE: IC 6-1.1-18-1; (05)IN1218.1.15. -->
SECTION 15. IC 6-1.1-18-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. When fixing a
budget, tax rate (if the political subdivision is required by law to fix
a tax rate), and tax levy under IC 6-1.1-17-5, the officers of a political
subdivision may not fix a budget or tax levy which exceeds the amount
published by the political subdivision. The portion of a budget or tax
levy which exceeds the published amount is void.
SOURCE: IC 6-1.1-18-3; (05)IN1218.1.16. -->
SECTION 16. IC 6-1.1-18-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Except as
provided in subsection (b), the sum of all tax rates for all political
subdivisions imposed on tangible property within a political
subdivision may not exceed:
(1) forty-one and sixty-seven hundredths cents ($0.4167) on each
one hundred dollars ($100) of assessed valuation in territory
outside the corporate limits of a city or town; or
(2) sixty-six and sixty-seven hundredths cents ($0.6667) on each
one hundred dollars ($100) of assessed valuation in territory
inside the corporate limits of a city or town.
(b) The proper officers of a political subdivision shall fix tax rates
which (if the political subdivision is required by law to fix tax rates)
that are sufficient to provide funds for the purposes itemized in this
subsection. The portion of a tax rate fixed by a political subdivision
shall not be considered in computing the tax rate limits prescribed in
subsection (a) if that portion is to be used for one (1) of the following
purposes:
(1) To pay the principal or interest on a funding, refunding, or
judgment funding obligation of the political subdivision.
(2) To pay the principal or interest on an outstanding obligation
issued by the political subdivision if notice of the sale of the
obligation was published before March 9, 1937.
(3) To pay the principal or interest upon:
(A) an obligation issued by the political subdivision to meet an
emergency which results from a flood, fire, pestilence, war, or
any other major disaster; or
(B) a note issued under IC 36-2-6-18, IC 36-3-4-22,
IC 36-4-6-20, or IC 36-5-2-11 to enable a city, town, or county
to acquire necessary equipment or facilities for municipal or
county government.
(4) To pay the principal or interest upon an obligation issued in
the manner provided in IC 6-1.1-20-3 (before its repeal) or
IC 6-1.1-20-3.1 through IC 6-1.1-20-3.2.
(5) To pay a judgment rendered against the political subdivision.
(6) To meet the requirements of the family and children's fund for
child services (as defined in IC 12-19-7-1).
(7) To meet the requirements of the county hospital care for the
indigent fund.
(8) To meet the requirements of the children's psychiatric
residential treatment services fund for children's psychiatric
residential treatment services (as defined in IC 12-19-7.5-1).
(c) Except as otherwise provided in IC 6-1.1-19 or IC 6-1.1-18.5, a
county board of tax adjustment, a county auditor, or the department of
local government finance may review the portion of a tax rate
described in subsection (b) only to determine if it exceeds the portion
actually needed to provide for one (1) of the purposes itemized in that
subsection.
SOURCE: IC 6-1.1-37-1; (05)IN1218.1.17. -->
SECTION 17. IC 6-1.1-37-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. An officer of state or
local government who recklessly violates or fails to perform a duty
imposed on him the officer under:
(1) IC 6-1.1-10-1(b);
(2) IC 6-1.1-12-6;
(3) IC 6-1.1-12-7;
(4) IC 6-1.1-12-8;
(5) (4) IC 6-1.1-17-1;
(6) IC 6-1.1-17-3(a);
(5) IC 6-1.1-17-3(b);
(7) (6) IC 6-1.1-17-5(d)(1);
(8) (7) IC 6-1.1-18-1;
(9) (8) IC 6-1.1-18-5;
(10) (9) IC 6-1.1-18-6;
(11) (10) IC 6-1.1-20-5;
(12) (11) IC 6-1.1-20-6;
(13) (12) IC 6-1.1-20-7;
(14) (13) IC 6-1.1-30-14; or
(15) (14) IC 6-1.1-36-13;
commits a Class A misdemeanor. In addition, the officer is liable for
the damages sustained by a person as a result of the officer's violation
of the provision or the officer's failure to perform the duty.
SOURCE: IC 7.1-3-9-7; (05)IN1218.1.18. -->
SECTION 18. IC 7.1-3-9-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. Ordinance Sent to
Commission. The city clerk , city clerk-treasurer, or town clerk
clerk-treasurer of a city or town in which an ordinance proscribed by
IC 1971, 7.1-3-9-6, IC 7.1-3-9-6 has been enacted, shall, immediately
upon the enactment, certify a copy of the ordinance and mail it by
registered mail to the commission. The commission, out of its
expenses, shall pay the clerk one dollar ($1.00), ($1) for his the clerk's
services in the matter.
SOURCE: IC 8-1.5-1-6; (05)IN1218.1.19. -->
SECTION 19. IC 8-1.5-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. "Fiscal officer"
means:
(1) controller or clerk-treasurer, for a second class city;
(2) clerk-treasurer, for a third class city; or
(3) clerk-treasurer, for a town.
SOURCE: IC 8-1.5-5-7; (05)IN1218.1.20. -->
SECTION 20. IC 8-1.5-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The acquisition,
construction, installation, operation, and maintenance of facilities and
land for storm water systems may be financed through:
(1) proceeds of special taxing district bonds of the storm water
district;
(2) the assumption of liability incurred to construct the storm
water system being acquired;
(3) service rates;
(4) revenue bonds; or
(5) any other available funds.
(b) The board, after holding a public hearing with notice given
under IC 5-3-1 and obtaining the approval of the fiscal body of the unit
served by the department, may assess and collect user fees from all of
the property of the storm water district for the operation and
maintenance of the storm water system. The amount of the user fees
must be the minimum amount necessary for the operation and
maintenance of the storm water system. The assessment and collection
of user fees under this subsection by the board of a county must also be
approved by the county executive.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
(d) This subsection applies only to a municipality. In the same
manner as provided by IC 36-9-23, the rates or charges made,
assessed, or established by the municipality are a lien on a lot,
parcel of land, or building within the storm water district. The
liens:
(1) attach;
(2) are recorded;
(3) are subject to the same penalties, interest, and reasonable
attorney's fees on recovery; and
(4) shall be collected and enforced;
in substantially the same manner as provided in IC 36-9-23-31
through IC 36-9-23-34.
(d) (e) The board shall use one (1) or more of the following factors
to establish the fees authorized by this section:
(1) A flat charge for each lot, parcel of property, or building.
(2) The amount of impervious surface on the property.
(3) The number and size of storm water outlets on the property.
(4) The amount, strength, or character of storm water discharged.
(5) The existence of improvements on the property that address
storm water quality and quantity issues.
(6) The degree to which storm water discharged from the property
affects water quality in the storm water district.
(7) Any other factors the board considers necessary.
(e) (f) The board may exercise reasonable discretion in adopting
different schedules of fees or making classifications in schedules of
fees based on:
(1) variations in the costs, including capital expenditures, of
furnishing services to various classes of users or to various
locations;
(2) variations in the number of users in various locations; and
(3) whether the property is used primarily for residential,
commercial, or agricultural purposes.
SOURCE: IC 8-22-3-30; (05)IN1218.1.21. -->
SECTION 21. IC 8-22-3-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 30. (a) All expenses
incurred by the board that must be paid prior to the collection of taxes
levied under this chapter shall be met and paid in the following
manner. The board shall from time to time certify the items of expense
to the city controller, of the city, city clerk-treasurer, town
clerk-treasurer, of the town, or county auditor of the county in which
the district is located, directing him the city controller, city
clerk-treasurer, town clerk-treasurer, or county auditor to pay the
amounts. and The fiscal officer shall draw his a warrant or warrants
upon the treasurer of the city, town, or county, as applicable, which
warrant or warrants shall be paid out of the general funds of the city,
town, or county not already appropriated, without special
appropriations being made by the fiscal body or approval by any other
body.
(b) In case there are no unappropriated general funds of the city,
town, or county, the fiscal officer shall recommend to the fiscal body
the temporary transfer, from other funds of the city, town, or county, of
a sufficient amount to meet the items of expense or the making of a
temporary loan for the purpose. The fiscal body affected shall
immediately make the transfer of funds or authorize the temporary
loans in the same manner that other transfers and temporary loans are
made by the city, town, or county. The total amount to be advanced
may not exceed fifty thousand dollars ($50,000) and the fund or funds
of the city, town, county, or other entity from which the advancement
is made shall be fully reimbursed and repaid by the authority out of the
first proceeds of the special taxes levied under this chapter. No part of
the funds advanced may be used in the acquisition of real property.
SOURCE: IC 9-22-1-27; (05)IN1218.1.22. -->
SECTION 22. IC 9-22-1-27 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 27. (a) This section
applies to sales of abandoned vehicles or parts by local units.
(b) The proceeds from the sale of abandoned vehicles or parts,
including:
(1) charges for bills of sale; and
(2) money received from persons who own or hold liens on
vehicles for the cost of removal or storage of vehicles;
shall be deposited with the county treasurer, or the city controller, or
the city clerk-treasurer of a second class city, and placed by the
county treasurer, or city controller, or city clerk-treasurer in the
unit's abandoned vehicle fund.
(c) The costs incurred by a public agency in administering this
chapter shall be paid from the abandoned vehicle fund.
(d) The fiscal body shall annually appropriate sufficient money to
the fund to carry out this chapter. Money remaining in the fund at the
end of a year remains in the fund and does not revert to the general
fund.
(e) Notwithstanding subsection (d), the fiscal body of a consolidated
city may transfer money from the fund.
SOURCE: IC 10-18-4-3; (05)IN1218.1.23. -->
SECTION 23. IC 10-18-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) The legislative
body of a city may, upon recommendation of the mayor and city
controller or city clerk-treasurer, if applicable, by ordinance adopted
and approved as provided in section 22 of this chapter, appropriate for
the use of the board of public works of the city money of the city for
World War memorial and other public purposes.
(b) Any money and the total of all money appropriated under this
chapter may not exceed six-tenths of one percent (0.6%) of the adjusted
value of the taxable property of the city as determined under
IC 36-1-15.
(c) The board of public works, with the approval of the mayor, may
use the funds so appropriated for any of the purposes described in
section 2 of this chapter.
SOURCE: IC 10-18-4-5; (05)IN1218.1.24. -->
SECTION 24. IC 10-18-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A city may
appropriate money for use of the board of public works of the city for
any of the purposes provided in this chapter, either out of the general
funds of the city or from the proceeds of a bond issue for those
purposes.
(b) A city may sell bonds for the purpose of raising funds to comply
with this chapter.
(c) Except as provided in this chapter, the appropriation of money
and the sale of bonds by a city is governed by the law relating to the
appropriation of money and the sale of bonds by the city for other city
purposes.
(d) The legislative body of a city may, by ordinance adopted and
approved as provided in section 22 of this chapter, do any of the
following:
(1) Authorize the city controller
or city clerk-treasurer, if
applicable, and the mayor, in the name of the city, to make
permanent loans of money for any of the purposes of this chapter
of any amount not more than six-tenths of one percent (0.6%) of
the adjusted value of taxable property of the city as determined
under IC 36-1-15.
(2) Authorize the city controller or city clerk-treasurer, if
applicable, and mayor of the city to issue bonds for the purpose of
funding or refunding loans made by the city under this chapter.
Except as provided in this chapter, any loans must be made and
governed by the law concerning permanent loans by cities. Any
bonds must satisfy all of the following:
(A) The bonds may be issued in any denomination of not more
than one thousand dollars ($1,000) each and in not less than
twenty (20) or more than fifty (50) series. Each series must be
for the amount as provided by the ordinance.
(B) The bonds must be payable one (1) series each year,
beginning on July 1 of the fifth year after the issue of the
bonds.
(C) The bonds must be negotiable as inland bills of exchange.
(D) The bonds must bear interest at the rate of not more than
six percent (6%) a year, payable semiannually on July 1 and
January 1 of each year.
(3) Authorize the city controller or the city clerk-treasurer, if
applicable, and mayor, in advertising for the sale of bonds, to ask
for competitive bids on the bonds on any series of not less than
twenty (20) nor more than fifty (50). The city controller or the
city clerk-treasurer, if applicable, and mayor may accept the bid
that, in their judgment, is the most advantageous bid to the city.
(e) Bonds issued under this chapter are exempt from taxation for all
purposes.
(f) A series of bonds issued under this chapter may not be for less
than two percent (2%) of the total amount of bonds issued.
(g) The proceeds of bonds sold under this chapter by the city,
including any premium on the bonds, must be kept as a separate and
specific fund, to be known as the World War memorial fund. Money in
the fund may be used only for any of the purposes described in section
2 of this chapter.
(h) The city legislative body may, by ordinance, transfer to the
World War memorial bond fund any surplus finally remaining in the
World War memorial fund, after all the demands on the city for money
in the World War memorial fund have been paid and discharged.
(i) A suit to question the validity of any bond issued under this
chapter may not be instituted after the date set for the sale of the bonds.
All bonds, beginning on the date set for the sale of the bonds, are
incontestable for any cause.
SOURCE: IC 10-18-4-18; (05)IN1218.1.25. -->
SECTION 25. IC 10-18-4-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 18. (a) The legislative
body of a city may, upon the recommendation of the mayor and city
controller or city clerk-treasurer, if applicable, of the city, instead of
selling bonds as provided in section 5 of this chapter, sell bonds:
(1) with a maturity of not more than ten (10) years;
(2) for any of the purposes authorized by this chapter;
(3) at a rate of interest not more than six percent (6%) a year,
payable semiannually; and
(4) payable at their maturity, but not later than ten (10) years after
the date of the issuance of the bonds.
If the bonds are issued for a period longer than five (5) years, at least
two percent (2%) of the total issue of the bonds must mature each year
after the fifth year, and the balance must mature and be paid or
refunded not later than ten (10) years after the date of issuance.
(b) Bonds issued under this section, the taxes to pay the bonds as
they mature, and interest accruing on the bonds must be levied in
accordance with sections 5 and 6 of this chapter.
(c) The city's legislative body may refund bonds sold under this
section with other bond issues in accordance with section 5 and other
provisions of this chapter relating to the sale of bonds. The city's
legislative body may name the date when the first series of refunding
bonds is due. However, the due date of the first series due may not be
more than five (5) years from the date of issue.
SOURCE: IC 11-13-1-1; (05)IN1218.1.26. -->
SECTION 26. IC 11-13-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A court or
division of a court authorized to impose probation shall appoint one (1)
or more probation officers, depending on the needs of the court, except
that two (2) or more divisions within a court, two (2) or more courts
within a county, or two (2) or more courts not in the same county may
jointly appoint and employ one (1) or more probation officers for the
purpose of meeting the requirements of this section.
(b) A person may be appointed as a probation officer after the
effective date established by the judicial conference of Indiana only if
that person meets the minimum employment qualifications adopted by
the conference, except that this requirement does not apply to any
person certified as a qualified probation officer before that effective
date. Any uncertified person appointed as a probation officer after the
effective date who fails to successfully complete the written
examination established under section 8 of this chapter within six (6)
months after the date of the person's appointment is prohibited from
exercising the powers of a probation officer as granted by law.
(c) Probation officers shall serve at the pleasure of the appointing
court and are directly responsible to and subject to the orders of the
court. The amount and time of payment of salaries of probation officers
shall be fixed by the county, city, or town fiscal body in accordance
with the salary schedule adopted by the county, city, or town fiscal
body under IC 36-2-16.5. The salary of a probation officer shall be paid
out of the county, city, or town treasury by the county auditor, or city
controller, or city clerk-treasurer. Probation officers are entitled to
their actual expenses necessarily incurred in the performance of their
duties. Probation officers shall give a bond if the court so directs in a
sum to be fixed by the court.
(d) A court, or two (2) or more courts acting jointly, may designate
a probation officer to direct and supervise the work of the probation
department.
SOURCE: IC 32-21-2-3; (05)IN1218.1.27. -->
SECTION 27. IC 32-21-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. For a conveyance, a
mortgage, or an instrument of writing to be recorded, it must be:
(1) acknowledged by the grantor; or
(2) proved before a:
(A) judge;
(B) clerk of a court of record;
(C) county auditor;
(D) county recorder;
(E) notary public;
(F) mayor of a city in Indiana or any other state;
(G) commissioner appointed in a state other than Indiana by
the governor of Indiana;
(H) minister, charge d'affaires, or consul of the United States
in any foreign country;
(I) clerk of the city county council for a consolidated city, city
clerk or clerk-treasurer for a second class city, or
clerk-treasurer for a third class city;
(J) clerk-treasurer for a town; or
(K) person authorized under IC 2-3-4-1.
SOURCE: IC 32-24-2-1; (05)IN1218.1.28. -->
SECTION 28. IC 32-24-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter, "fiscal officer" means:
(1) the city controller of a consolidated city; or
(2) the city controller or the city clerk-treasurer of a second
class city;
(2) (3) the city clerk-treasurer of a third class city; or
(3) (4) the town clerk-treasurer of a town.
SOURCE: IC 33-35-3-1; (05)IN1218.1.29. -->
SECTION 29. IC 33-35-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The officers of a
city court are a:
(1) judge;
(2) clerk; and
(3) bailiff.
However, in third class cities and in second class cities that elect a
clerk-treasurer, the judge may act as clerk and perform all duties of
the clerk of the court or appoint a clerk of the court. If the judge does
not act as clerk of the court or appoint a clerk of the court, the city
clerk-treasurer elected under IC 3-10-6 shall perform the duties of the
clerk of the city court.
(b) The clerk is an officer of a town court. The judge of a town court
may act as clerk and perform all duties of the clerk of the court or
appoint a clerk of the court. If the judge does not act as a clerk of the
court or appoint a clerk of the court, the town clerk-treasurer elected
under IC 3-10-6 or IC 3-10-7 shall perform the duties of the clerk of the
town court.
(c) The clerk and bailiff may not receive any fees or compensation
other than their salaries.
SOURCE: IC 33-35-3-2; (05)IN1218.1.30. -->
SECTION 30. IC 33-35-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) In a second class
cities, city that does not elect a clerk-treasurer, the city clerk is the
clerk of the city court.
(b) In a second class city that is not described in subsection (a)
and the city clerk of in a third class city, the clerk- treasurer is the
clerk of the city court if the judge does not serve as clerk or appoint a
clerk under section 1 of this chapter.
(b) (c) A city clerk or city clerk-treasurer of a second class city,
a city clerk-treasurer of a third class city, or an appointed clerk in a
third class city who serves as the clerk of the city court shall give bond
as prescribed in this chapter.
(c) (d) The clerk may administer oaths.
(d) (e) The clerk of a city or town court shall:
(1) issue all process of the court, affix the seal of the court to the
process, and attest to the process;
(2) keep a complete record and docket of all cases showing:
(A) the name of a person who was arrested and brought before
the court;
(B) the disposition of the case; and
(C) an account of the:
(i) fees;
(ii) fines;
(iii) penalties;
(iv) forfeitures;
(v) judgments;
(vi) executions;
(vii) decrees; and
(viii) orders;
in as near to the same manner as the records are kept by the
clerk of the circuit court; and
(3) collect all:
(A) fees;
(B) fines;
(C) penalties and forfeitures;
(D) judgments;
(E) executions; and
(F) money;
accruing to the city or town from the enforcement of ordinances.
(e) (f) At the close of each week, the clerk shall make and deliver to
the city controller of a second class city, clerk-treasurer of a second
class city, clerk-treasurer of a third class city, or clerk-treasurer of a
town a written report of all cases in which the clerk has received or
collected any fines or forfeitures due the city or town. The clerk shall
then pay over the money to the controller or clerk-treasurer and take a
receipt for the payment.
(f) (g) At the end of each month, the clerk shall make out and
deliver to the county treasurer of the county in which the city or town
is located a written report of all cases in which the clerk has received
or collected any fines or forfeitures due the state during the month and
pay to the county treasurer all fines or forfeitures collected, taking a
receipt for the payment.
(g) (h) In cities in which the county treasurer rather than the city
controller receives city money for deposit, the clerk shall report and
deliver the money to the county treasurer.
(h) (i) The clerk shall deposit all court costs collected by the clerk
in accordance with IC 33-37-7-12. The clerk shall distribute the state
and county share of court costs collected in accordance with
IC 33-37-7-7 or IC 33-37-7-8.
SOURCE: IC 33-35-3-9; (05)IN1218.1.31. -->
SECTION 31. IC 33-35-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) This section
applies after June 30, 2005.
(b) A clerk of a city court in a county having a population of more
than four hundred thousand (400,000) but less than seven hundred
thousand (700,000) shall deposit all court costs collected by the clerk
in accordance with IC 33-37-7-12.
(c) The fees received by the controller from the clerk or the city
clerk-treasurer shall be paid into the city treasury at the time of the
semiannual settlement for city revenue.
(c) (d) If the party instituting an action or a proceeding recovers
judgment, the judgment must also include as costs an amount equal to
the small claims costs fee and the small claims service fee prescribed
under IC 33-37-4-5 or IC 33-37-4-6.
(d) (e) Money paid in advance for costs remaining unexpended at
the time a civil action or proceeding is terminated, whether by reason
of dismissal or otherwise, must be returned to the party or parties
making payment. However, this section does not apply to civil actions
or proceedings instituted by or on behalf of the state or any of the
state's political subdivisions.
SOURCE: IC 36-1-2-4; (05)IN1218.1.32. -->
SECTION 32. IC 36-1-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. "Clerk" means:
(1) clerk of the circuit court, for a county;
(2) county auditor, for a board of county commissioners or county
council;
(3) clerk of the city-county council, for a consolidated city;
(4) city clerk or city clerk- treasurer for a second class city;
(5) clerk-treasurer, for a third class city; or
(6) clerk-treasurer, for a town.
SOURCE: IC 36-1-2-7; (05)IN1218.1.33. -->
SECTION 33. IC 36-1-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. "Fiscal officer"
means:
(1) auditor, for a county;
(2) controller, for a consolidated city; or
(3) controller or clerk- treasurer for a second class city;
(3) (4) clerk -treasurer, for a third class city;
(4) (5) clerk -treasurer, for a town; or
(5) (6) trustee, for a township.
SOURCE: IC 36-4-1-1.1; (05)IN1218.1.34. -->
SECTION 34. IC 36-4-1-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.1. (a) Except as
provided in subsection (b), a third class city remains a third class city
even though the city attains a population of at least thirty-five thousand
(35,000) at a federal decennial census.
(b) The legislative body of a city to which subsection (a) applies
may, by ordinance, adopt second class city status.
(c) After June 30, 2005, a third class city may, in the ordinance
adopting second class status, choose to elect a city clerk-treasurer
of the second class city. A city that adopts an ordinance to elect a
city clerk-treasurer of the second class city under this subsection
may not elect or appoint the following:
(1) A city clerk.
(2) A city controller.
SOURCE: IC 36-4-6-7; (05)IN1218.1.35. -->
SECTION 35. IC 36-4-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The legislative
body shall hold its first regular meeting in its chamber at 7:30 p.m. on
the first Monday in January after its election. In subsequent months, the
legislative body shall hold regular meetings at least once a month,
unless its rules require more frequent meetings.
(b) A special meeting of the legislative body shall be held when
called by the city executive or when called under the rules of the
legislative body.
SOURCE: IC 36-4-6-8; (05)IN1218.1.36. -->
SECTION 36. IC 36-4-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) This subsection
applies only to second class cities. At its first regular meeting under
section 7 of this chapter, and on the first Monday of each succeeding
January, the legislative body shall choose from its members a president
and a vice president.
(b) This subsection applies only to third class cities. The city
executive shall preside at all meetings of the legislative body, but may
vote only in order to break a tie. At its first regular meeting under
section 7 of this chapter, and on the first Monday of each succeeding
January, the legislative body shall choose from its members a president
pro tempore to preside whenever the executive is absent.
SOURCE: IC 36-4-6-20; (05)IN1218.1.37. -->
SECTION 37. IC 36-4-6-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 20. (a) The legislative
body may, by ordinance, make loans of money for not more than five
(5) ten (10) years and issue notes for the purpose of refunding those
loans. The loans may be made only for the purpose of procuring money
to be used in the exercise of the powers of the city, and the total amount
of outstanding loans under this subsection may not exceed five percent
(5%) of the city's total tax levy in the current year (excluding amounts
levied to pay debt service and lease rentals). Loans under this
subsection shall be made in the same manner as loans made under
section 19 of this chapter, except that:
(1) the ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing five
(5) ten (10) years to provide for refunding the loans; and
(2) the loans must be evidenced by notes of the city in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5.
(b) The legislative body may, by ordinance, make loans and issue
notes for the purpose of refunding those loans in anticipation of
revenues of the city that are anticipated to be levied and collected
during the term of the loans. The term of a loan made under this
subsection may not be more than five (5) ten (10) years. Loans under
this subsection shall be made in the same manner as loans made under
section 19 of this chapter, except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to their payment a sufficient amount of the revenues in
anticipation of which they are issued and out of which they are
payable; and
(2) the loans must be evidenced by time warrants of the city in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which they are
issued and out of which they are payable.
(c) An action to contest the validity of a loan made under this
section must be brought within fifteen (15) days from the day on which
the ordinance is adopted.
SOURCE: IC 36-4-7-2; (05)IN1218.1.38. -->
SECTION 38. IC 36-4-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) As used in this
section, "compensation" means the total of all money paid to an elected
city officer for performing duties as a city officer, regardless of the
source of funds from which the money is paid.
(b) The city legislative body shall, by ordinance, fix the annual
compensation of all elected city officers. The ordinance must be
published under IC 5-3-1, with the first publication at least thirty (30)
days before final passage by the legislative body.
(c) The compensation of an incumbent 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 previous year.
SOURCE: IC 36-4-7-3; (05)IN1218.1.39. -->
SECTION 39. IC 36-4-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) This section does
not apply to compensation paid by a city to members of its police and
fire departments.
(b) Subject to the approval of the city legislative body, the city
executive shall fix the compensation of each appointive officer, deputy,
and other employee of the city. The legislative body may reduce but
may not increase any compensation fixed by the executive.
Compensation must be fixed under this section before
(1) September 20 for a third class city; and
(2) September 30 for a second class city;
not later than September 30 of each year for the ensuing budget year.
(c) Compensation fixed under this section may not be increased
during the budget year for which it is fixed, but may be reduced by the
executive.
(d) Notwithstanding subsection (b), the city clerk may, with the
approval of the legislative body, fix the salaries of deputies and
employees appointed under IC 36-4-11-4.
SOURCE: IC 36-4-7-7; (05)IN1218.1.40. -->
SECTION 40. IC 36-4-7-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The fiscal officer
shall present the report of budget estimates to the city legislative body
under IC 6-1.1-17. After reviewing the report, the legislative body 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. The legislative body, in the appropriation ordinance, may reduce
any estimated item from the figure submitted in the report of the fiscal
officer, but it may increase an item only if the executive recommends
an increase. The legislative body shall promptly act on the
appropriation ordinance.
(b) In preparing the ordinances ordinance described in subsection
(a), the legislative body shall make an allowance for the cost of fire
protection to annexed territory described in IC 36-4-3-7(d) for the year
fire protection is first offered to that territory.
SOURCE: IC 36-4-7-11; (05)IN1218.1.41. -->
SECTION 41. IC 36-4-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. If the city
legislative body does not pass the ordinances ordinance required by
section 7 of this chapter on or before
(1) September 20 for a third class city; and
(2) September 30 for a second class city;
before October 1 of each year, the most recent annual appropriations
and annual tax levy are continued for the ensuing budget year.
SOURCE: IC 36-4-8-14; (05)IN1218.1.42. -->
SECTION 42. IC 36-4-8-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14. (a) A city
legislative body may adopt an ordinance allowing money to be
disbursed for lawful city purposes under this section.
(b) Notwithstanding IC 5-11-10, with the prior written approval of
the board having jurisdiction over the allowance of claims, the city
fiscal officer may make claim payments in advance of board allowance
for the following kinds of expenses if the city legislative body has
adopted an ordinance under subsection (a):
(1) Property or services purchased or leased from the United
States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not
prohibited and the contracting party posts sufficient security to
cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(14) Meal expense advances to city employees who will be
traveling on official business of the city.
(c) Each payment of expenses under this section must be supported
by a fully itemized invoice or bill and certification by the fiscal officer.
(d) The city legislative body or the city board having jurisdiction
over the allowance of the claim shall review and allow the claim at its
next regular or special meeting following the preapproved payment of
the expense.
SOURCE: IC 36-4-9-6; (05)IN1218.1.43. -->
SECTION 43. IC 36-4-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) This section
applies only to second class cities.
(b) The city executive shall appoint:
(1) a city controller, if the city does not elect a city
clerk-treasurer;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions required
by statute.
(c) The board of public works and safety may be composed of three
(3) members or five (5) members appointed by the executive. A
member may hold other appointive positions in city government during
the member's tenure. IC 36-4-11-2 applies to board member
appointments under this section. The executive shall appoint a clerk for
the board.
(d) If the board of public works and board of public safety are
established as separate boards, each board may be composed of three
(3) members or five (5) members who are appointed by the executive.
A member may hold other appointive positions in city government
during the member's tenure. The executive shall appoint a clerk for
each board.
SOURCE: IC 36-4-10-2; (05)IN1218.1.44. -->
SECTION 44. IC 36-4-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A city clerk shall
be elected under IC 3-10-6 by the voters of each second class city and
if the city does not elect a city clerk-treasurer. A city clerk-treasurer
shall be elected under IC 3-10-6 by the voters of each:
(1) second class city that establishes the office of city
clerk-treasurer under IC 36-4-1-1.1; and
(2) third class city.
(b) The city clerk or clerk-treasurer is the clerk of each city.
(c) The city controller appointed under IC 36-4-9-6 is the fiscal
officer of each second class city and that does not elect a city
clerk-treasurer. The city clerk-treasurer is the fiscal officer of each:
(1) second class city that establishes the office of
clerk-treasurer under IC 36-4-1-1.1; and
(2) third class city.
(d) The city controller of a second class city is not liable, in an
individual capacity, for any act or omission occurring in connection
with the performance of the city controller's duty as fiscal officer of the
second class city, unless the act or omission constitutes gross
negligence or an intentional disregard of the controller's duty.
(e) The term of office of a city clerk or clerk-treasurer is four (4)
years, beginning at noon on January 1 after election and continuing
until a successor is elected and qualified.
SOURCE: IC 36-4-10-4.5; (05)IN1218.1.45. -->
SECTION 45. IC 36-4-10-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) This section
applies to:
(1) third class cities; and
(2) second class cities that elect a city clerk-treasurer.
(b) The fiscal officer is the head of the city department of finance.
The fiscal officer shall do the following:
(1) Receive and care for all city money and pay the money out
only on order of the approving body.
(2) Keep accounts showing when and from what sources the fiscal
officer has received city money and when and to whom the fiscal
officer has paid out city money.
(3) Prescribe payroll and account forms for all city offices.
(4) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(5) Manage the finances and accounts of the city and make
investments of city money.
(6) Prepare for the legislative body the budget estimates of
miscellaneous revenue and financial statements. and the proposed
tax rate.
(7) Issue all licenses authorized by statute and collect the fees
fixed by ordinance.
(8) Serve as clerk of the board of public works by attending
meetings, preparing agendas, and recording proceedings.
(9) Perform all other duties prescribed by statute.
(c) A fiscal officer is not liable in an individual capacity for an act
or omission occurring in connection with the performance of the duties
prescribed by subsection (b), unless the act or omission constitutes
gross negligence or an intentional disregard of the fiscal officer's
duties.
SOURCE: IC 36-4-10-5; (05)IN1218.1.46. -->
SECTION 46. IC 36-4-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) This section
applies to second class cities. a second class city that has a city
controller.
(b) The fiscal officer is the head of the city department of finance.
The fiscal officer shall do the following:
(1) Prescribe the form of reports and accounts to be submitted to
the department.
(2) Sign and issue all warrants on the city treasury.
(3) Audit and revise all accounts and trusts in which the city is
concerned.
(4) Keep separate accounts for each item of appropriation made
for each city department, including a statement showing the
amount drawn on each appropriation, the unpaid contracts
charged against it, and the balance remaining.
(5) At the end of each fiscal year, submit under oath to the city
legislative body a report of the accounts of the city published in
pamphlet form and showing revenues, receipts, expenditures, and
the sources of revenues.
(6) Maintain custody of the records of the department and turn
them over to the fiscal officer's successor in office.
(7) Perform duties prescribed by statute concerning the
negotiation of city bonds, notes, and warrants.
(8) Keep a register of bonds of the city and of transfers of those
bonds.
(9) Manage the finances and accounts of the city and make
investments of city money, subject to the ordinances of the
legislative body.
(10) Issue city licenses on payment of the license fee.
(11) Collect fees as fixed by ordinance.
(12) Pay into the city treasury, once each week, all fees and other
city money collected by the department during the preceding
week, specifying the source of each item.
(13) Prescribe payroll and account forms for all city offices.
(14) Prescribe the manner in which salaries shall be drawn.
(15) Prescribe the manner in which creditors, officers, and
employees shall be paid.
(16) Provide that all salaries are payable monthly, unless the
legislative body establishes more frequent payments.
(17) Notify the city executive of the failure of any city officer to
collect money due the city or to pay city money into the city
treasury.
(18) Draw warrants on the city treasury for miscellaneous city
expenditures not made under the direction of a department and
not specifically fixed by statute.
SOURCE: IC 36-4-10-7; (05)IN1218.1.47. -->
SECTION 47. IC 36-4-10-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) This section
applies to third class cities and to second class cities that elect a city
clerk-treasurer.
(b) The clerk shall appoint the number of deputies and employees
needed for the effective operation of the office, with the approval of the
city legislative body. The clerk's deputies and employees serve at the
clerk's pleasure.
(c) If a city owns a utility and the clerk is directly responsible for the
billing and collection of that utility's rates and charges, the clerk shall
appoint those employees who are also responsible for that billing and
collection. These employees serve at the clerk's pleasure.
(d) Whenever the city court judge does not serve as clerk of the city
court or appoint a clerk to serve as clerk of the city court under
IC 33-35-3-1, the clerk shall serve as clerk of the city court.
SOURCE: IC 36-5-2-11; (05)IN1218.1.48. -->
SECTION 48. IC 36-5-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) The legislative
body may issue bonds for the purpose of procuring money to be used
in the exercise of the powers of the town and for the payment of town
debts. However, a town may not issue bonds to procure money to pay
current expenses.
(b) Bonds issued under this section are payable in the amounts and
at the times determined by the legislative body.
(c) 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 and giving notice of the petition, the giving of notice
of a hearing on the appropriation of the proceeds of bonds, the right of
taxpayers to appear and be heard on the proposed appropriation, the
approval of the appropriation by the department of local government
finance, the right of taxpayers to remonstrate against the issuance of
bonds, and the sale of bonds at public sale for not less than their par
value.
(d) The legislative body may, by ordinance, make loans of money
for not more than five (5) ten (10) years and issue notes for the purpose
of refunding those loans. The loans may be made only for the purpose
of procuring money to be used in the exercise of the powers of the
town, and the total amount of outstanding loans under this subsection
may not exceed five percent (5%) of the town's total tax levy in the
current year (excluding amounts levied to pay debt service and lease
rentals). Loans under this subsection shall be made as follows:
(1) The ordinance authorizing the loans must pledge to their
payment a sufficient amount of tax revenues over the ensuing five
(5) ten (10) years to provide for refunding the loans.
(2) The loans must be evidenced by notes of the town in terms
designating the nature of the consideration, the time and place
payable, and the revenues out of which they will be payable.
(3) The interest accruing on the notes to the date of maturity may
be added to and included in their face value or be made payable
periodically, as provided in the ordinance.
Notes issued under this subsection are not bonded indebtedness for
purposes of IC 6-1.1-18.5.
SOURCE: IC 36-5-2-12; (05)IN1218.1.49. -->
SECTION 49. IC 36-5-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) The legislative
body may, by ordinance, make loans and issue notes for the purpose of
refunding those loans in anticipation of revenues of the town that are
anticipated to be levied and collected during the term of the loans. The
term of a loan made under this subsection may not be more than five
(5) ten (10) years. Loans under this section shall be made in the same
manner as loans made under section 11(b) and 11(c) of this chapter,
except that:
(1) the ordinance authorizing the loans must appropriate and
pledge to the payment of the loans a sufficient amount of the
revenues in anticipation of which the loans are issued and out of
which the loans are payable; and
(2) the loans must be evidenced by time warrants of the town in
terms designating the nature of the consideration, the time and
place payable, and the revenues in anticipation of which the loans
are issued and out of which the loans are payable.
(b) An action to contest the validity of a loan made under this
section must be brought within fifteen (15) days from the day on which
the ordinance is adopted.
SOURCE: IC 36-5-3-2; (05)IN1218.1.50. -->
SECTION 50. IC 36-5-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) As used in this
section, "compensation" means the total of all money paid to an elected
town officer for performing duties as a town officer, regardless of the
source of funds from which the money is paid.
(b) The town legislative body shall, by ordinance, fix the
compensation of its own members, the town clerk-treasurer, and the
town marshal. The legislative body shall provide reasonable
compensation for other town officers and employees.
(c) The compensation of an elected town officer:
(1) must be fixed under this section not later than September
30 of each year for the ensuing budget year; and
(2) may not be:
(A) changed in the year for which it is fixed; nor may it be or
(B) reduced below the amount fixed for the previous year.
(d) The legislative body may provide that town officers and
employees receive additional compensation for services that:
(1) are performed for the town;
(2) are not governmental in nature; and
(3) are connected with the operation of a municipally owned
utility or function.
Subject to the approval of the legislative body, the administrative
agency operating the utility or function shall fix the amount of the
additional compensation, which shall be paid from the revenues of the
utility or function.
SOURCE: IC 36-5-4-12; (05)IN1218.1.51. -->
SECTION 51. IC 36-5-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) The legislative
body of a town may adopt an ordinance allowing money to be
disbursed under this section for lawful town purposes.
(b) Notwithstanding IC 5-11-10, with the prior written approval of
the board having jurisdiction over allowance of the claim, a town fiscal
officer may make claim payments in advance of a board allowance for
the following types of expenses if the town legislative body has
adopted an ordinance under subsection (a):
(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.
(10) Payroll.
(11) State, federal, or county taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(14) Meal expense advances to town employees who will be
traveling on official business of the town.
(c) Each payment of expenses under this section must be supported
by a fully itemized invoice or bill and certification by the fiscal officer.
(d) The town legislative body or the board having jurisdiction over
the allowance of the claim shall review and allow the claim at the
body's or board's next regular or special meeting following the
preapproved payment of the expense.
SOURCE: IC 36-7-15.1-26.9; (05)IN1218.1.52. -->
SECTION 52. IC 36-7-15.1-26.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 26.9. (a) The
definitions set forth in section 26.5 of this chapter apply to this section.
(b) The fiscal officer of the consolidated city shall publish in the
newspaper in the county with the largest circulation all determinations
made under section 26.5 or 26.7 of this chapter that result in the
allowance or disallowance of credits. The publication of a
determination made under section 26.5 of this chapter shall be made
not later than June 20 of the year in which the determination is made.
The publication of a determination made under section 26.7 of this
chapter shall be made not later than December 5 of the year in which
the determination is made.
(c) If credits are granted under section 26.5(g) or 26.5(h) of this
chapter, whether in whole or in part, property taxes on personal
property (as defined in IC 6-1.1-1-11) that are equal to the aggregate
amounts of the credits for all taxpayers in the allocation area under
section 26.5(g) and 26.5(h) of this chapter shall be:
(1) allocated to the redevelopment district;
(2) paid into the special fund for that allocation area; and
(3) used for the purposes specified in section 26 of this chapter.
(d) The county auditor shall adjust the estimate of assessed
valuation that the auditor certifies under IC 6-1.1-17-1 for all taxing
units in which the allocation area is located. The county auditor may
amend this adjustment at any time before the earliest date a taxing unit
must publish the unit's proposed property tax rate levies under
IC 6-1.1-17-3 in the year preceding the year in which the credits under
section 26.5(g) or 26.5(h) of this chapter are paid. The auditor's
adjustment to the assessed valuation shall be:
(1) calculated to produce an estimated assessed valuation that will
offset the effect that paying personal property taxes into the
allocation area special fund under subsection (c) would otherwise
have on the ability of a taxing unit to achieve the taxing unit's tax
levy in the following year; and
(2) used by the county board of tax adjustment, the department of
local government finance, and each taxing unit in determining
each taxing unit's tax rate and tax levy in the following year.
(e) The amount by which a taxing unit's levy is adjusted as a result
of the county auditor's adjustment of assessed valuation under
subsection (d), and the amount of the levy that is used to make direct
payments to taxpayers under section 26.5(h) of this chapter, is not part
of the total county tax levy under IC 6-1.1-21-2(g) and is not subject to
IC 6-1.1-20.
(f) The ad valorem property tax levy limits imposed by
IC 6-1.1-18.5-3 and IC 6-1.1-19-1.5 do not apply to ad valorem
property taxes imposed that are used to offset the effect of paying
personal property taxes into an allocation area special fund during the
taxable year under subsection (d) or to make direct payments to
taxpayers under section 26.5(h) of this chapter. For purposes of
computing the ad valorem property tax levy limits imposed under
IC 6-1.1-18.5-3 and IC 6-1.1-19-1.5, a taxing unit's ad valorem property
tax levy for a particular calendar year does not include that part of the
levy imposed to offset the effect of paying personal property taxes into
an allocation area special fund under subsection (d) or to make direct
payments to taxpayers under section 26.5(h) of this chapter.
(g) Property taxes on personal property that are deposited in the
allocation area special fund:
(1) are subject to any pledge of allocated property tax proceeds
made by the redevelopment district under section 26(d) of this
chapter, including but not limited to any pledge made to owners
of outstanding bonds of the redevelopment district of allocated
taxes from that area; and
(2) may not be treated as property taxes used to pay interest or
principal due on debt under IC 6-1.1-21-2(g)(1)(D).
SOURCE: IC 36-8-3-3; (05)IN1218.1.53. -->
SECTION 53. IC 36-8-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) A majority of the
members of the safety board constitutes a quorum. The board shall
adopt rules concerning the time of holding regular and special meetings
and of giving notice of them. The board shall elect one (1) of its
members chairman, who holds the position as long as prescribed by the
rules of the board. The board shall record all of its proceedings.
(b) The members of the safety board may act only as a board. No
member may bind the board or the city except by resolution entered in
the records of the board authorizing
him the member to act in its
behalf as its authorized agent.
(c) The safety board shall appoint:
(1) the members and other employees of the police department
other than those in an upper level policymaking position;
(2) the members and other employees of the fire department other
than those in an upper level policymaking position;
(3) a market master; and
(4) other officials that are necessary for public safety purposes.
(d) The annual compensation of all members of the police and fire
departments and other appointees shall be fixed by ordinance of the
legislative body
before
(1) September 20 for a second class city; and
(2) September 20 for a third class city;
not later than September 30 of each year for the ensuing budget year.
The ordinance may grade the members of the departments and regulate
their pay by rank as well as by length of service. If the legislative body
fails to adopt an ordinance fixing the compensation of members of the
police or fire department, the safety board may fix their compensation,
subject to change by ordinance.
(e) The safety board, subject to ordinance, may also fix the number
of members of the police and fire departments and the number of
appointees for other purposes and may, subject to law, adopt rules for
the appointment of members of the departments and for their
government.
(f) The safety board shall divide the city into police precincts and
fire districts.
(g) The police chief has exclusive control of the police department,
and the fire chief has exclusive control of the fire department, subject
to the rules and orders of the safety board. In time of emergency, the
police chief and the fire chief are, for the time being, subordinate to the
city executive and shall obey
his the city executive's orders and
directions, notwithstanding any law or rule to the contrary.