(A) The legislative branch of the city is the Common Council. The Council shall have exclusive authority to adopt ordinances and appropriate tax moneys received by the city, and to perform other necessary and desirable legislative functions (I.C. 36-4-6).
(B) The Clerk-Treasurer shall be the Clerk of the Council and shall perform the duties prescribed by I.C. 36-4-6-9 and such others as the Council may direct.
(C) The regular meeting date and time for the Common Council shall be immediately following the Water Utility Board meeting alternating Thursdays which coincide with the regularly scheduled meeting of the Board of Public Works and Safety. A regular meeting may be re-scheduled due to holidays or other conflicts, upon motion and approval of the Council and proper notice under I.C. 5-14. However, at least one regular meeting shall be held each month. Special meetings are to be held on the call of the Mayor, or on call of two or more members of the Council, or on any other call as may be provided for by the rules. In the event a special meeting is called, members of the Council and the Presiding Officer must be provided with actual notice, written or personally, of the special meeting at least 48 hours prior to the special meeting time.
(D) The Mayor shall be the Presiding Officer of the Council pursuant to I.C. 36-4-6-8, and meetings shall be conducted pursuant to the applicable statutes (I.C. 36-4-6-10 through 36-4-6-17) and in accordance with the following rules which are hereby adopted as a part of this chapter. At Council’s first regular meeting of each calendar year held pursuant to I.C. 36-4-6-7, the Council shall choose from its members a President Pro Tempore to preside whenever the Mayor is absent.
(1) Common Council agenda. The order of business to be followed at a meeting of the Common Council shall be as listed below. However, the Council may by an affirmative vote of two-thirds of the members suspend or change the order of business. Failure to adhere to the order of business or agenda shall not invalidate any action of the Council.
(a) Call to order.
(b) Presentation of minutes of previous meeting and approval.
(c) Reports and comments:
1. Superintendents or department heads.
2. Committee reports and discussion.
3. Financial report (first meeting of month).
4. Communications.
(d) Legal (ordinances, resolutions, contracts, and the like).
(e) Presentations from audience and discussion.
(f) Old business.
(g) New business.
(h) District reports and comments.
(i) Mayor’s announcements.
(j) Adjournment.
(2) Contempt and disorder in the Councilroom. No person shall use violent or contemptuous language, behave in a disorderly manner, or refuse to obey the orders of the Mayor or Presiding Officer in the Council room while Council is in session. The Mayor or Presiding Officer shall have the authority to order the removal of any disruptive person.
(3) Introduction and adoption of ordinances and resolutions.
(a) Any ordinance/resolution to be considered by Council shall be filed with the Clerk- Treasurer by noon two business days prior to the day of the Council meeting (i.e. Thursday at noon for a Monday Council meeting). No ordinance/resolution will be entertained for first reading if not timely filed with the Clerk-Treasurer unless the Council determines that an emergency exists requiring immediate action. The Clerk-Treasurer shall provide a copy of any ordinance/resolution filed with him or her to each Council member, the Mayor, and the head of the city department affected by the ordinance/resolution, if any. A proposed ordinance/resolution shall also note on its face the “anticipated fiscal impact” of the ordinance/resolution, if adopted.
(b) All ordinances shall also be available to those members of Council in attendance and shall be read or announced by title or subject matter before submission to Council for a vote.
(c) Each ordinance shall be submitted to vote of the Council at three meetings. However, this rule may be suspended to permit final passage with less than three meetings if Council complies with the provisions of I.C. 36-4-6-13.
(d) Resolutions shall be subject to the same rules and method of introduction as ordinances, except that resolutions may be adopted upon affirmative vote of a majority of the members of Council at the first meeting at which the resolution is presented for a vote.
(e) On the passage or adoption of any ordinance or resolution the yeas and nays shall be taken and entered in the record, and the ordinance shall be processed in accordance with I.C. 36-4-6-14 through 36-4-6-17.
(f) A Councilmember abstaining shall be counted as present for determining a quorum but for all other purposes an abstention shall be treated as if the Councilmember abstaining had not been present for the vote.
(g) An ordinance, order, or resolution passed by the Council is considered adopted when it is signed by the Presiding Officer and either approved by the Mayor or passed over the Mayor’s veto by the Council, under I.C. 36-4-6-16. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
1. An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by I.C. 5-3-1 unless:
a. It is published under division 2. below; or
b. There is an urgent necessity requiring its immediate effectiveness, the Mayor proclaims the urgent necessity, and copies of the ordinance are posted in three public places in each of the districts from which members are elected to the legislative body.
2. If the city publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this division, it takes effect two weeks after the publication of the book or pamphlet. Publication under this division, if authorized by the Council, constitutes presumptive evidence:
a. Of the ordinances in the book or pamphlet;
b. Of the date of adoption of the ordinances; and
c. That the ordinances have been properly signed, attested, recorded and approved.
3. This publication procedure does not apply to a zoning ordinance or amendment to a zoning ordinance or a resolution approving a comprehensive plan that is adopted under I.C. 36-7.
4. An ordinance increasing a building permit fee on new development must:
a. Be published:
(i) One time in accordance with I.C. 5-3-1; and
(ii) Not later than 30 days after the ordinance is adopted by the legislative body in accordance with I.C. 5-3-1.
b. Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division 4.a.
(h) Within a reasonable time after an ordinance of the Council is adopted, the Clerk- Treasurer shall record it in a book kept for that purpose. The record must include the following. The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
1. The signature of the Presiding Officer.
2. The attestation of the Clerk.
3. The Mayor’s approval or veto of the ordinance.
4. If applicable, a memorandum of the passage of the ordinance over the veto.
5. The date of each recorded item.
(4) Questions of order. The Mayor or Presiding Officer shall decide all questions of order. He shall decide whether any question submitted to Council for adoption or rejection is decided in the affirmative or negative.
(5) Parliamentary procedure. For procedural matters not otherwise controlled by terms of this chapter, Council shall conduct its business in accordance with Robert’s Rules of Order.
(E) Council shall be composed of five members, four of whom are elected from districts and one of whom is elected at large. The provisions of Chapter 32 with respect to Councilmanic districts is hereby ratified and confirmed. Redistricting shall hereafter be done in accordance with I.C. 36-4-6-4 and 36-4-6-5, or other applicable statute.
(Ord. 83-23, passed 8-22-83; Am. Ord. 07-05, passed 2-26-07; Am. Ord. 12-12, passed 6-25-12)