A continuation of the editions of 1881 and 1888: containing all ..., Volume 3 online

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as evidence in any proceeding, and for which the said clerk shall receive

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317 City of 100,000— Charter. §8 7231-7232

like fees as paid to the county clerks for similar services. Said city clerk
shall also be the clerk of the police court. Said clerk shall deliver over to
his successor, as soon as the same shall have qualified for office, all docu-
ments, books and belongings of his office. The city clerk may be authorized
by the common council to employ a deputy at a salary not to exceed twelve
hundred ($1,200) dollars per year: Provided, that it is shown to the satis
faction of the council that such clerk is necessary.


7231. Executive departments established — Chiefs, appoint-
ment of — Powers of — Bond. § 48. The following executive depart-
ments are hereby established in such city: •

<z. Department of finance.

b. Department of law.

c. Department of public works.

d. Department of public safety.

e. Department of assessment and collection.
/. Department of public health and charities.

No other executive or administrative departments shall be established in
such city. Subordinate officers and employes not herein provided for shall
be appointed by the heads of their respective departments. Each depart-
ment shall have power to prescribe rules and regulations, not inconsistent
with any statute or ordinance or regulation established pursuant to section
45 of this act, for its own government, regulating the conduct of its officers,
clerks and employes, the distribution and performance of its business, and
preservation of books, records, paper and property under its control.
Each department shall promptly furnish to the mayor or the common
council, any information which may be called for in relation to its affairs.
The heads of said departments, except the department of assessment and
collection, shall be appointed by the mayor. Each of said departments
shall have power to designate and appoint, and at pleasure remove a per-
son in such department as deputy or first assistant All official business
of the several departments shall be transacted at the offices thereof, and a
continuous record or minute shall be kept at said offices respectively of
such business. The officer or officers at the head of any department may
appoint and remove any of his or their clerks and assistants, subject to any
regulations adopted pursuant to section 45 of this act, and, unless other-
wise fixed by ordinance, may fix their salaries : Provided, that after the
expiration of thirty (30) days from the time when a new officer or officers
shall have been appointed to the head of a department, he or they may re-
move clerks or assistants only upon filing in writing with the city clerk,
the reasons for any such removal, except that foremen, inspectors, and labor-
ers temporarily employed under the department of public works, may be
removed at anytime at the pleasure of the department. All officers shall
give bond as required by ordinance, except when otherwise provided herein.

7232. Department head — Qualification — Fees, perquisites
etc. to treasury. § 49. No person shall be appointed as the head of
any department, or as a member of any board herein provided for, unless
he shall have been a resident and elector of such city for three years im-
mediately prior thereto. No person who is paid a salary for his services

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7233 § Corporations— Cities. 318

from the city treasury shall receive to or for his own use, directly or indi-
rectly, any fees, perquisites of office, commissions, percentages, or money
paid to him in his official capacity, unless specifically authorized in
this act ; but, all fees, perquisites, commissions, percentages, and moneys
so paid and received by or for any such officer or person shall be the
property of the city, and shall be paid by him in to the city treasury ; and
all moneys received for licenses or permits shall be paid in to the treasury
weekly without deduction by the officer or department receiving them, and
every such officer or person who shall receive any fees, perquisites, per-
centages, or other moneys which belong to the city, and should be so paid
in to its treasury, shall, before he shall be entitled to receive or be paid his
salary, make, under oath, a detailed statement and return to the head of
the department of finance, in such form as he may prescribe, showing the
aggregate amount of all such moneys received by him since the last pre-
ceding statement and return, and shall produce a receipt showing the pay-
ment of such sum to the treasurer. The comptroller may require any such
officer or person to make such statement and return to him, if it be not
made as herein provided, and examine such officer or person under oath
touching the matter herein provided for.

7233. Department duties— Comptroller's annual estimates. —
Finance committee's duty — Appropriations. § 50. It shall be the
duty of each executive department, before the commencement of each fis-
cal year, to submit to the joint meeting of the heads of the departments
and of the various boards, hereinbefore provided for in section 45, an esti-
mate of the amount of money required for their respective departments for
the ensuing fiscal year, stating with as great particularity as possible each
item thereof. The comptroller shall at the same time submit a statement
or estimate of city expenditures for other purposes, for the ensuing year,
over and above the moneys proposed to be used by the various executive
departments, giving with as great particularity as possible each item
thereof. After such meeting, and reports and consultation, the city comp-
troller shall thereupon proceed to revise such estimates for the ensuing
year, and the comptroller shall then prepare a report to the mayor of the
various estimated amounts required, in said comptroller's opinion, for each
executive department and for other city expenses, together with an esti-
mate of the necessary per cent, of taxes to be levied. The mayor shall at
the next meeting of the common council present such report with such
recommendations as he may see fit. It shall be the duty of the committee
of finance of said common council thereupon to prepare an ordinance fix-
ing the rate of taxation for the ensuing year and also an ordinance making
appropriations by items for the use of the various executive departments
and other city purposes for the ensuing year. Said ordinance may reduce
any estimated item for any executive department, from the figure submitted
in the report of the city comptroller, but shall not increase the same unless
recommended by the mayor. Such appropriation ordinance shall there-
after be promptly acted upon by the common council. If at any time after
the passage of such ordinance an emergency shall arise for further appro-
priations for the use of any department as certified by such department as
hereinbefore provided, or other purposes during the year, such additional
appropriation may be made on the recommendation of the comptroller, by
a two-thirds vote of the council.

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319 City of 100,000 — Charter. §§ 7234-7237

7234. Contracting liability — Limit of power. § 51. No execu-
tive department, officer or employe thereof shall have power to bind such
city by any contract, agreement, or in any other way, to any extent beyond
the amount of money at the time already appropriated by ordinance for
the purpose of such department, and all contracts and agreements, express
or implied, and all obligations of any and every sort, beyond such existing
appropriations, are declared to be absolutely void. .

7235. Evidence of debt — Unlawful issue of— Liability — Pen-
alty* § S 2 ' Any city official who shall issue any bond, certificate or war-
rant for the payment of money which shall purport to be an obligation of
such city, and be beyond the unexpended balance of any appropriation
made for such purpose, or who shall attempt to bind such city by any oon-
tract, agreement, or in any other way, to any extent beyond the amount of
money at the time already appropriated by ordinance for such purpose, and
remaining at the time unexpended, shall be liable on his official bond to
any person injured thereby, and shall be fined in any sum not more than
one thousand dollars ( $1,000) and imprisoned in the county jail not more
than six months, either, or both.


7236. Comptroller— Appointment— Salary. §53. The city comp-
troller shall be at the head of the department of finance, and shall have an
appropriate seal. He shall be appointed by the mayor. His salary shall
be two thousand dollars ($2,000), which may be increased by ordinance to
a sum not exceeding three thousand dollars ($3,000) per year.

7237. Duties — Warrants, how drawn — Liabilities — Admin-
ister oaths — Licenses — Fees — Tax warrants. § 54. It shall be
the duty of the comptroller:

To prescribe the form of reports and accounts to be rendered to his de-
partment, and to have the inspection and revision of the accounts of all
other departments and trusts.

To audit the accounts of the several departments and trusts, and all
other accounts in which the city is concerned, and submit annually to the
council at the end of each fiscal year a report of the accounts of the city,
under his oath, exhibiting the revenues, receipts and expenditures, the
sources from which the revenues and funds are derived; which report shall
be published in pamphlet form. «

To keep separate accounts for each specific item or appropriation made
by the council to each department, and require all warrants to state spe-
cifically against which of said items the warrant is drawn. Each account
shall be accompanied by a statement in detail in separate columns of the
several appropriations, the amount drawn on each appropriation, the unpaid
contracts charged against it, and the balance standing to the credit of the
same. He shall not suffer any appropriation to be overdrawn or the appro-
priation for one item of expense to be drawn upon for any other purpose,
or by any department other than that for which the appropriation was spe-
cifically made, except on transfers authorized by ordinances. He shall sign
and issue all orders for money upon the city treasury, and no moneys
shall be paid out by the treasurer except upon such order. In case of
stated salaries fixed by law or ordinance, said comptroller shall issue

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7237 § Corporations — Cities. 320

orders therefor, but in all other cases he shall require a warrant to be
presented to him from the head of the department under whose super-
vision the obligation has been incurred, or if not so incurred, then such
warrant shall be drawn by the mayor. In no case shall the comptroller
draw an order on the treasury unless there be at the time money in the
treasury properly applicable to the payment thereof. The expenditures
of the comptroller must be approved in writing by the mayor before any
order is drawn therefor.'

To have charge of all books or papers pertaining to his department or
intrusted to the same, and to turn the same over to his successor. If any
warrant presented to the comptroller contain an item for which no appro-
priation has been made, or there shall not be a sufficient balance of the
proper fund for the payment thereof, or which for any other cause should
not be approved, he shall not approve the same, and shall notify the
proper department of the facts. And, if the comptroller shall approve
any warrant contrary to the provisions hereof, he shall be individually
liable for the amount of the same to the holder thereof, and to the extent
of his bond ; his sureties shall also be liable. Whenever a warrant shall
be presented to him, he shall have power to require evidence that the
amount claimed is justly due, and for that purpose may summon before
him any officer, agent or employe of any department of the city, or any
other person, and examine him upon oath relative to such warrant or
claim. Such pefsons so summoned shall be subject to the provisions of
this act, touching the examination of persons by the council, said comp-
troller having the same power as such body.

To perform the duties elsewhere defined by this act with regard to the
negotiation and sale of city securities, and to keep a register of all bonds
of the city and of the transfers thereof and an account of all outstanding

To manage and direct the finances and accounts of the city and to
make investments of city funds, subject to the ordinances of the common

To issue all city licenses of every nature whatever upon the presentation
and surrender of the receipt of the treasurer showing the payment of the
license fee and to collect comptroller's fees as fixed by ordinance. Said
comptroller shall once each week pay to the treasurer the amounts col-
lected by his department for the preceding week, specifying the source
from which they have been derived, and the comptroller shall relinquish,
in writing, to such city all fees which have been or may be collected.

To prescribe the forms and methods of keeping and rendering all city
accounts, the form of accounts and pay rolls to be used in the several de-
partments and offices, the manner in which all salaries shall be drawn and
the mode by which all creditors, officers and employes shall be paid. All
salaries shall be payable once in three months.

To furnish the treasurer statements of all appropriations made by the
council before any warrant shall be drawn on account of the same, and to
notify the mayor in case of any neglect or failure on the part of any officer
or officers authorized to collect any moneys for or on account of the city,
in the performance of such duty or in depositing their collections in the
treasury; and thereupon the mayor shall suspend such officer or officers,

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321 City of 100,000— Charter. §§ 7238-7239

and proceed against them by an action upon their official bond or other-
wise, as he may deem best

To carefully examine tax duplicates in the hands of the county auditor
and county treasurer and see that they are properly made out so far as the
same relate to city taxes, and to see that the assessment of property is prop-
erly made out by the assessor so far as the same relates to city taxes, and
to notify the treasurer of any omitted property that may come to his

To examine the accounts of the treasurer and make an annual settle-
ment with him, charging to such treasurer the amount of all taxes and
other assessments, entered on said duplicate, in favor of such city, together
with all penalties, interest and other sums in addition to the amount of
such tax, which it may be the duty, according to law, of such treasurer to
collect in behalf of the city, and to credit him with all disbursements made
on account of lawful orders drawn on him by such comptroller.

To draw orders on the treasury for miscellaneous city expenditures, not
made under the direction of any executive department nor specifically fixed
by law, as in the case of salaries: Provided, that no such order shall be
drawn by such comptroller, unless the money properly applicable thereto
has been appropriated by ordinance, and remains unexpended, and no lia-
bility shall accrue against such city, nor can any officer, agent or employe
of such city bind the same directly or indirectly for any such miscellaneous
expense without the written approval of the comptroller previously obtained
and filed in the comptroller's office, nor in any case beyond the appropria-
tion* already made and remaining unexpended available for such purpose.
All obligations in contravention of the preceding provision are declared to
be void for all purposes.

7238. Deputy — Salary. § 55. The comptroller may appoint a dep-
uty, for whose acts he shall be responsible, having an annual salary of one
thousand dollars, which may be increased by ordinance to a sum not ex-
ceeding twelve hundred dollars ($1,200).


7239. Attorney and counsel— Appointment — Bond — Duties —
Salary — Fees— Deputy and assistants— Mandamus. § 56. The

head of the department of law shall be the attorney and counsel of such
city. He shall be appointed by the mayor, shall hold office as hereinbefore
provided, and give bond with surety in the sum of five thousand dollars
($5,000), to be approved by the comptroller. He shall have the manage-
ment, charge and control of the law business of such city and for each
branch of its government, and prosecute all violators of city ordinances,
shall be the legal adviser of all its departments and officers, shall draw up
ordinances, leases, deeds, contracts or other legal papers for such city and
its various departments when requested to do so by the proper officer,
shall be the custodian of the papers properly appertaining to his office, and
shall turn the same over to his successor in office. He shall conduct all
legal proceedings authorized by this act, and all appeals of every nature
whatsoever in which such city or the public shall have an interest, shall
make all searches and abstracts of title required in opening, widening or
changing any street, alley or public place, or required in any public work

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7240-7242 §§ Corporations — Cities. 322

of any kind. He shall receive an annual salary of three thousand dollars
($3,000) in full of all his services. All fees, perquisites, or other emolu-
ments received by him, or payable to him, except for prosecuting violators
of city ordinances, shall be collected by him for and in behalf of such city,
a careful account kept thereof, and the same paid in to the city treasury once
a week, said payment to be made under oath as to the amount received.
Such attorney shall use all diligence to collect costs due such city, and att
other fees or recoveries falling within the purview of his official duties. He
shall employ a deputy, and also such other assistants as he may be author-
ized to do by ordinance, and no other, and shall promptly commence all
proceedings necessary or advisable for the protection or enforcement of the
rights of such city or of the public He shall report to the mayor, in writ-
ing, all such matters as he may deem important, and to the department of
finance all judgments for which such city shall be liable. No judgment
against such city shall be enforceable except out of moneys appropriated
for that purpose, but the common council and mayor may be compelled by
mandamus proceedings to levy, collect and appropriate the necessary sum
for the payment of any judgment; in which case such legislative bodies may
be sued collectively by their legal name, service of process being had oa
any member thereof, and all members shall be bound by such judgment


7240. Board of public works — Appointment — Removal — Sal-
aries — Bonds — Powers, exercise of — Record. §57. The depart-
ment of public works shall have for its head a board of three members, to
be appointed by the mayor, not more than two of whom shall be of the
same political party. The mayor shall have the power at any time to re-
move any member of said board and to fill, by appointment, any vacancy
occurring in said office. The person appointed to fill a vacancy shall hold
the office, subject to removal by the mayor, until his successor is appointed
by the mayor. Each member of said board shall receive a salary at the
rate of fifteen hundred dollars ($1,500) per year, which may be increased
by ordinance to a rate not exceeding two thousand dollars ($2,000), and
give bonds with sureties in the sum of $5,000, to be approved by the comp-
troller. Said board shall choose a chairman from its own number. No
member of said board shall have any authority to act on behalf of the same,
except pursuant to an order of the board, regularly made at a meeting of
the same, at which meeting a majority of said board shall have been pres-
ent. All actions of the board shall be recorded by the clerk thereof, to-
gether with a record of the vote of each member, where the vote is not
unanimous. The board shall make rules governing the time and place for
holding regular and called meetings, and for giving notice thereof.

7241. Clerk — Engineer — Appointment— Salaries. §58. Said
board shall appoint a clerk at a salary of eight hundred dollars ($800),
which may be increased by ordinance to a rate not exceeding one thousand
dollars ($i,ooo). The mayor shall also appoint a city civil engineer, who
shall be subject to the discretion of said board, and receive a salary of
twenty-five [hundred] ($2,500) dollars.

7242. Powers — Ordinances required, when — Plats, city; re-
cording of. § 59. The board of public works shall have power to con-

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323 City of 100,000 — Charter. § 7242

deran, hire or purchase any real estate or personal property needed by such
city for any public purpose, except when a different provision for purchase
is made by this act : Provided, that when a sum of more than two thousand
dollars ($2,000) is recjuired to be paid for the condemnation, hire or pur-
chase of any real estate or personal property, the same shall not take place
unless the condemnation, hire or purchase is specifically authorized by or-

To have charge of all property, real and personal, belonging to such city
and to care for the same, except where the custody of such property is by
this act placed under different control.

To design, order, contract for, and execute the improvement or repair
of any property, real or personal, belonging to or used by such city, and
the erection of all buildings for public purposes, together with all fire
cisterns, pounds and all other structures of any nature, needed for any
public purpose.

To approve the platting of all streets and alleys in any addition to such
city, or within the corporate limits thereof ; to require the same to corre-
spond in width, and be co-terminous with adjoining streets and alleys. No
plat shall be entitled to record in the recorder's office in the county in
which such city is located without such written approval indorsed thereon.

To lay out, open, change, vacate, and to fix or change the grade of any
street, alley, or public place within such city, and to design, order, con-
tract for, and execute the improvement or repair of any street, alley or
public place within such city.

To repair, clean, light and sprinkle any street, alley or public place
within such city which requires the same, in the opinion of such board,
said work to be done either by contract or otherwise, and to cause lamp
posts or other lighting apparatus to be erected in the streets, alleys or pub-
lic places of such city.

To lay out, design, order, contract for and execute the construction,
alteration and maintenance of all public drains or sewers within such city,
and all drains or sewers without such city and within four miles there*,
which may be necessary to carry off the drainage of such city.

To purchase or erect, by contract or otherwise, and operate water works,
gas works, electric light works, street car and other lines for the convey-
ance of passengers and freight, natural gas lines, telegraph and telephone
lines, steam and power houses and lines, for the purpose of supplying such
city and the suburbs thereof, or to purchase or hold a majority of the
stock in corporations organized for either of the above purposes : Pro-
vided, that none of the powers conferred by this paragraph shall be exer-
cised except pursuant to an ordinance specifically directing the same.

To contract for the furnishing of gas, either natural or artificial, water,
steam or electricity, .light or power, to said city or the citizens thereof, by
any company or individual, and in such contract to fan the prices to be
charged for the same in such city, subject to ordinances of such city in
relation to consumption by private consumers.

To design, order, contract for and execute the erection of any culvert,
bridge, way, viaduct, tunnel or aqueduct within such city, or to enter into
a contract with any company or individual for the joint erection and % main-
tenance by such company or individual and such city, of any substruc-

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7243-7244 §§ Corporations — Cities. 324

To authorize and empower by contract, telegraph, telephone, electric

Online LibraryIndianaA continuation of the editions of 1881 and 1888: containing all ..., Volume 3 → online text (page 52 of 134)