(A) The legislative branch of the city is the Council and those municipal agencies and operations exclusively under the control of the Council, as provided by state statute or this subchapter.
(1) The Council shall have exclusive authority to adopt ordinances and appropriate tax monies received by the city and to exercise all other powers necessary or desirable in the conduct of city affairs pursuant to I.C. 36-1-3 et seq. and I.C. 36-4-6 et seq., or other applicable statutes.
(2) Pursuant to I.C. 36-4-7 et seq., the Council shall fix the annual compensation of all elected city officers and members of the City Police and Fire Departments. Pursuant to I.C. 8-1.5-3-4 et seq., the Council, as the Utility Board, shall fix the annual compensation of all employees of the city’s utilities. Any salaries of deputies or employees of the City Clerk-Treasurer shall be approved by the Council. In approving the Mayor’s determination of the annual compensation to be paid other city employees, the Council may reduce the amount of any compensation fixed by the Mayor.
(3) Subject only to exceptions that it expressly creates or statutes requiring otherwise, the Council shall have the exclusive power to authorize the payment of claims made on the city government. No check for the payment of any claim shall be drawn on any account, fund, or monies of the city without the approval of the claim by the officer or person receiving the goods or services and by the Council.
(4) Subject to Council rules, the Mayor shall preside at meetings of the 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.
(5) The Clerk-Treasurer shall be the clerk of the Council and shall perform the duties prescribed by I.C. 36-4-6-9 and any other duties the Council determines that it needs the Clerk-Treasurer to perform.
(6) The Council may employ the services of an attorney without authorization from the head of the Department of Law.
(B) (1) The electric utility and the water utility are a part of the city’s legislative branch under the control of the Utility Board, consisting of all the members of the Council. In this capacity, the Council has all powers and duties provided to a board under I.C. 8-1.5-3.
(2) The Council has the authority to appoint the Superintendent of each utility and has the sole authority to remove the utility Superintendents. The Superintendent of each utility has those powers and duties specified by I.C. 8-1.5-3-5 and those responsibilities delegated by the Council.
(Ord. 3-1996, passed 5-15-1996)