Chapter 2 - City Administration

ARTICLE 1. ESTABLISHMENT OF THE EXECUTIVE, LEGISLATIVE, JUDICIAL, AND ADMINISTRATIVE ORGANIZATION OF THE CITY.

Sec. 2-1	Organization.
Sec. 2-2	Through Sec. 2-5 Reserved for Future Use.


ARTICLE 2. THE EXECUTIVE BRANCH.

Sec. 2-6	The Mayor.
Sec. 2-7	Election of the Mayor.
Sec. 2-8	Term of Office.
Sec. 2-9	Mayor Pro Tempore.
Sec. 2-10	Through Sec. 2-11 Reserved for Future Use.


ARTICLE 3. BOARD OF PUBLIC WORKS AND SAFETY, EXECUTIVE DEPARTMENTS WITHIN THE EXECUTIVE BRANCH.

Sec. 2-12	Establishment of Board of Public Works and Safety.
Sec. 2-13	Clerk of the Board.
Sec. 2-14	Meetings.
Sec. 2-15	Powers of the Board.
Sec. 2-16	Executive Departments Established.
Sec. 2-17	Mayoral Appointments.
Sec. 2-18	Official Surety bonds.
Sec. 2-19	Through Sec. 2-73 Reserved for Future Use.


ARTICLE 4. PERSONNEL POLICIES AND PROCEDURES.

DIVISION I. POLICY ON SEXUAL HARASSMENT.

Sec. 2-74	Policy.
Sec. 2-75	Definitions of Harassment.
Sec. 2-76	Complaint Procedures.
Sec. 2-77	Sanctions for Misconduct.
Sec. 2-78	False Reporting.
Sec. 2-79	Through Sec. 2-84 Reserved for Future Use.


ARTICLE 5. OTHER EMPLOYEE BENEFITS AND REGULATIONS.

DIVISION I. DRUG AND ALCOHOL ABUSE POLICY.

Sec. 2-85	Introduction.
Sec. 2-86	Pre-Employment Screen Policy.
Sec. 2-87	When Drug Screen Testing Will Occur.
Sec. 2-88	Employee Testing Positive or Violating General Policies.
Sec. 2-89	Prescription Drugs.
Sec. 2-90	Cost of Testing.
Sec. 2-91	Employee Acknowledgment of Drug and Alcohol Policy.
Sec. 2-92	Through Sec. 2-94 Reserved for Future Use.


DIVISION II. PUBLIC EMPLOYEES RETIREMENT FUND. (PERF)

Sec. 2-95	City is a Participant of PERF.
See. 2-96	Contributions.
Sec. 2-97	Positions Covered.
Sec. 2-98	Qualifications.
Sec. 2-99	Effective Date.
Sec. 2-100	Through Sec. 2-101 Reserved for Future Use.


DIVISION III. SOCIAL SECURITY.

Sec. 2-102	Election of Coverage.
Sec. 2-103	Persons Covered.
Sec. 2-104	Performance of Obligation.
Sec. 2-105	Through Sec. 2-107 Reserved for Future Use.


DIVISION IV. MISCELLANEOUS POLICIES.

Sec. 2-108	Paid Sick Leave Policy.
Sec. 2-109	Flexible Benefits Plan.
Sec. 2-110	Employee Political Action Policy.
Sec. 2-111	Pay Periods for City Employees.
Sec. 2-112	Surety Bonds for Public Officials.
Sec. 2-113	Workers' Compensation Insurance.
Sec. 2-114	Through Sec. 2-119 Reserved For Future Use.


ARTICLE 6. FISCAL BRANCH

DIVISION I. CLERK-TREASURER.

Sec. 2-120	Clerk-Treasurer as Fiscal Officer.
Sec. 2-121	Election and Term of Office.
Sec. 2-122	Term of Office of Clerk-Treasurer.
Sec. 2-123	Powers and Duties of the Clerk-Treasurer.
Sec. 2-124	Compensation of the Clerk-Treasurer.
Sec. 2-125	Reserved for Future Use.


DIVISION II. PURCHASING RULES FOR SUPPLIES AND SERVICES.

Sec. 2-126	Purchasing Agencies Designated.
Sec. 2-127	Purchasing Agents.
Sec. 2-128	Required Rules and Procedures.
Sec. 2-129	Reserved for Future Use.


DIVISION III. FUNDS AND ACCOUNTS ADMINISTERED BY THE CLERK-TREASURER.

Sec. 2-130	Non-Reverting Operating Fund for Parks.
Sec. 2-131	Cumulative Capital Improvement Fund.
Sec. 2-132	Cash Reserve Fund.
Sec. 2-133	Cumulative Fund for Fire Department Equipment.
Sec. 2-134	Cumulative Capital Development Fund.
Sec. 2-135	Local Road and Street Fund (LRS)
Sec. 2-136	Motor Vehicle Highway Fund (MVH)
Sec. 2-137	Revenue Fund-Waterworks.
Sec. 2-138	Operation and Maintenance Fund (0 & M)
Sec. 2-139	Waterworks Sinking Fund.
Sec. 2-140	Waterworks Improvement Fund.
Sec. 2-141	Revenue Fund.
Sec. 2-142	Operation and Maintenance Fund.
Sec. 2-143	Sewage Works Sinking Fund.
Sec. 2-144	Improvement Fund.
Sec. 2-145	Maintenance of Accounts.
Sec. 2-146	Investment of Funds.
Sec. 2-147	City User Fee Fund.
Sec. 2-148	Other Funds Continued.
Sec. 2-149	Rainy Day Fund.


ARTICLE 7. DEPARTMENTS, COMMISSIONS, BOARDS AND OTHER ENTITLES.

DIVISION I. POLICE DEPARTMENT.

Sec. 2-150	Special Police Department.
Sec. 2-151	Attica Police Merit System.
Sec. 2-152	Police Reserve Unit.
Sec. 2-153	Through Sec. 2-159 Reserved for Future Use.


DIVISION II. VOLUNTEER FIRE DEPARTMENT.

Sec. 2-160	Creation of Volunteer Fire Department.
Sec. 2-161	Fire Chief Appointment.
Sec. 2-162	Duties of the Fire Chief.
Sec. 2-163	Chief Responsible to Mayor.
Sec. 2-164	Submission of Official Reports.
Sec. 2-165	Appointment of Assisting Officers.
Sec. 2-166	Through Sec. 2-169 Reserved for Future Use.


DIVISION III. AREA PLANNING DEPARTMENT.

Sec. 2-170	Area Planning Department.
Sec. 2-171	State Law Adopted By Reference.
Sec. 2-172	Area Plan Commission.
Sec. 2-173	Ordinance Certified to County Commissioners.
Sec. 2-174	Through Sec. 2-177 Reserved for Future Use.


DIVISION IV. DEPARTMENT OF DEVELOPMENT.

Sec. 2-178	Department of Development Created.
Sec. 2-179	Development Commission.
Sec. 2-180	Through Sec. 2-181 Reserved for Future Use.


DIVISION V. ORDINANCE VIOLATIONS BUREAU.

Sec. 2-182	Establishment of Ordinance Violations Bureau.
Sec. 2-183	Violations Clerk.
Sec. 2-184	Schedule of Ordinances and Penalties Subject to Settlement by the Violations Clerk.
Sec. 2-185	Through Sec. 2-187 Reserved for Future Use.


DIVISION VI. OTHER DEPARTMENTS, COMMISSIONS AND BOARDS

Sec. 2-188	Historical Preservation Commission.
Sec. 2-189	Other Boards, Commissions and Departments.
Sec. 2-190	Through Sec. 2-195 Reserved for Future Use.


ARTICLE 8. MISCELLANEOUS ADMINISTRATIVE REGULATIONS

Sec. 2-196	Organizational Chart of the Executive Board.
Sec. 2-197	Organizational Chart of the Fiscal Board.
Sec. 2-198	through Sec. 2-199 Reserved for Future Use.

ARTICLE I. ESTABLISHMENT OF THE EXECUTIVE, LEGISLATIVE, JUDICIAL, ADMINISTRATIVE ORGANIZATION OF THE CITY OF ATTICA, INDIANA.

The government of the City of Attica, Indiana, shall consist of four (4) branches, those being:

¹Indiana Code, � 36-4-5-I through Indiana Code � 36-4-5-7, set forth the general powers of the Mayor.

The Mayor is the City Executive and head of the Executive Branch. He or she shall faithfully perform the, duties and responsibilities contained in Indiana Code, � 36-4-5 and other statutes of the State of Indiana.²

²Indiana Code, � 36-4-9-8, sets forth the Mayor's authority to appoint officers, employees, boards and commissions in third class cities.

The Mayor shall be elected pursuant to Indiana Code, � 3-2-7-1, as it may be amended from time to time.

The Mayor shall take office at twelve noon (12:00 o'clock) on the first day of January following his election and shall serve for four (4) years and until a successor is elected and qualified pursuant to Indiana Code, � 3-2-7-5.

There is established the position of Mayor Pro Tempore pursuant to Indiana Code, � 364-9-7. The Mayor Pro Tempore shall be appointed from the membership of the Common Council of the City of Attica. He or she shall have all the powers of the Mayor in the absence of the Mayor.

ARTICLE 3. BOARD OF PUBLIC WORKS AND SAFETY; EXECUTIVE DEPARTMENTS WITHIN THE EXECUTIVE BRANCH.

³Indiana Code � 36-4-9-5, addresses the establishment of a Board of Public Works and Safety.

a. There is established a Board of Public Works and Safety within the Executive Branch. Such Board shall be the chief administrative body of the City and shall have control of the day-to-day operations of the City.

b. The Mayor is a member of the Board and appoints two (2) other persons. Board members must be voters of the City for at least one (1) year and may hold other municipal appointed or elected offices.
(Personnel Policy, � viii)

c. Each of the three (3) members of the Board may receive compensation for performing such Board duties as may be prescribed by separate ordinance of the City.
(Am. Ord. No. 1, 2000, 1-3-00)

The Clerk-Treasurer shall serve as Clerk of the Board of Public Works and Safety without additional compensation.

The Board of Public Works and Safety shall make rules governing the time and place for holding regular meetings and the procedure to be used for calling and giving notice thereof.

The Board of Public Works and Safety shall have any and all powers given to it by ordinance and as set forth in the applicable Indiana Code provisions.

⁴Indiana Code � 36-8-2-2, pertains to establishing a police and law enforcement system.

⁶Indiana Code � 36-4-9-11, defines the City Attorney as the head of the Department of Law in third class cities.

4. Department of Parks and Recreation which shall consist of the Park and Recreation Board organized under Indiana Code � 36-10-3-3 to be operated pursuant to Indiana Code, �� 36-10-3-1 through 36-10-3-39.

⁷Indiana Code � 36-4-9-8, addresses appointments in third class cities. Indiana Code � 36-4-11-2, address the suspension and removal of officers; and Indiana Code � 36-4-9-2, addresses other Mayoral appointments.

a. The Mayor shall appoint the heads of all departments and bureaus of the City of Attica, Indiana.

Job descriptions for each position are set forth in � 8 of the Personnel Policy, and are incorporated herein by reference. A copy of the same is on file in the Office of the Clerk-Treasurer and are available for public inspection during regular business hours.

Individual official surety bonds required by Indiana Code, � 5-4-1-1 8, as it may be amended from time to time, shall be provided by the City. A blanket bond bay be obtained to cover the faithful performance of all other employees, commissions, and persons acting in behalf of the City, so required to be covered.

⁸Editor's Note: The Attica official Personnel Policy was adopted on March 10, 1997.

a. It is the policy of the City of Attica to maintain a working environment that is free from sexual harassment.

b. It shall be a violation of this policy for any employee of the City of Attica to harass another employee through conduct or communications of a sexual nature as defined in Sec. 2-75.
(Personnel Policy, � VII, I)

Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature when made by any employee to another employee when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that individual;

3. Such conduct has the purpose or effect of substantially interfering with an individual's professional performance or creating an intimidating, hostile, or offensive employment or environment;
and/or

4. Denial of an employment opportunity occurs directly because an employee refuses to submit to unwelcome requests for sexual favors made by a supervisor or employee which results favorably for that particular employee.

⁹Indiana Code, � 36-1-4-14, authorizes the hiring and discharging of employees as well as the ability to establish a system of employment based on merit and qualifications.

1. Conduct of a sexual nature may include verbal or physical sexual advances and/or comments regarding physical or personality characteristics of a sexual nature.

2. Verbal or physical conduct ofa sexual nature constitutes sexual harassment when the allegedly harassed employee has indicated, by his or her conduct or verbal objection, that is unwelcome.

3. An employee who has initially welcomed such conduct by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcomed.

c. Examples of Sexual Harassment Sexual harassment, as set forth in Sec. 2-75a. may include but is not limited to the following:

5. Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one's grades, job, promotion, and/or salary increase.
(Personnel Policy, � VII, II)

a. Any person who alleges sexual harassment by any employee may use the complaint procedure explained below in Sec. 2-76c. or may complain directly to his or her immediate supervisor, or the Title IX complaint designee of the City of Attica. Filing of a complaint or otherwise reporting sexual harassment will not reflect upon the individual's status nor will it affect future employment or work assignments.

b. The right of confidentially, both of the complainant and of the accused, will be respected consistent with the City's legal obligations and the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

2. Reports must name the person(s) charged with sexual harassment and state the facts;

3. Reports must be presented to the immediate supervisor or the Mayor where the alleged conduct took place. The supervisor shall inform the Mayor of all filed reports;

5. The report and the results of the investigation will be presented to the Board of Public Works in Executive Session by the Mayor; and recommend action to the Common Council.

6. The Common Council will take whatever action it deems appropriate. The alleged victim's name will not be released to the public unless required by law.

7. If the complaint is against any member of the Board of Public Works or Common Council, such member against whom the complaint is made will be excused from proceedings in items (5) and (6) above.
(Personnel Policy, � VII, III)

A substantiated charge against an employee of the City shall subject such employee to disciplinary action including but not limited to reassignment, suspension, or discharge.
(Personnel Policy, � VII, IV)

Any person who knowingly files false charges against an employee in an attempt to demean, harass, abuse, or embarrass that individual shall be subject to disciplinary action.
(Personnel Policy, � VII, V)

¹⁹Editor's Note: The date of adoption of the Drug and Alcohol Abuse Policy is needed to complete this Division.

It is the policy of the City of Attica to provide a safe working environment for all employees, and to protect the citizens of the City. It is also the City's policy to assist employees who have a problem with drug and alcohol abuse. These goals mandate that the City establish a firm policy against drug and alcohol abuse in the work place.

All applicants who are conditionally considered for employment, and those former employees who are to be reinstated for employment after layoff or a leave of absence will, as a final step in the employment process, be required to submit to a drug screen test. If they refuse to consent to the test, employment will be denied. If the test is positive, employment will be denied.

a. The following rules represent the City's policy concerning substance abuse and will be enforced uniformly with respect to all employees, as indicated.

1. All employees are prohibited from being under the influence of alcohol or illegal drugs during work hours.

2. The use, sale, possession, transfer or purchase of illegal drugs, controlled substances, or alcohol on City property or while performing City business is strictly prohibited.

4. No prescription drugs will be brought on City premises by any other than the one for whom it is prescribed. Such drugs will be used only in the manner of combination and quantity prescribed.

5. Any employee whose off-duty abuse of alcohol or illegal or prescription drugs results in excessive absenteeism or tardiness or is the cause of accidents or poor work will be referred to an employee assistance program for rehabilitation and will face termination if he or she rejects that program.

6. As a condition of employment, the employee will abide by the terms stated previously and will notify the City of any criminal drug state conviction for a violation occurring in the work place no later than five (5) days after such conviction. Such a conviction will subject the employee to the same disciplinary procedures as those employees who test positive under drug screening procedures.

(a) To establish and maintain a safe and healthful working environment for all employees;

(e) To provide rehabilitation assistance for any employee who seeks such help; and

All employees will be required to submit to a drug screen test as a condition of employment under the following circumstances:

1. Each employee will be tested for drugs and alcohol after a work-related accident or injury.

2. If the employee has been observed using a suspected prohibited substance on the job or if the City has other reasonable suspicion for testing the employee.

3. Employees who operate a vehicle, heavy equipment, tools or machinery, who carry a gun or weapon or who supervise children will be tested at random. Such employees include, but not necessarily limited to, Police Officers, Sanitation Department workers, Cemetery Department workers, Street and Water Department workers, school crossing guards, park employees and volunteer fire persons.

5. An employee who fails or refuses to submit to testing when requested will be subject to discipline, including termination.
(Am. Ord. No. 7, 2002, 5-13-02)

Employees who test positive are subject to immediate discipline including discharge but may be allowed to continue employment on a conditional basis on the following terms:

1. The employee agrees to participate in counseling in a certified rehabilitation program and successfully completes the program, at the employee's expense.

2. The employee agrees and does remain drug and alcohol free during the conditional employment period.

3. The employee agrees to routine periodic and unscheduled drug screen tests to ensure that the employee remains drug and alcohol free.

4. The cost of a rehabilitation program and subsequent drug tests will be borne by the employee.

1. Notify the immediate supervisor prior to the commencement of the work shift and provide the supervisor with the name of the prescription drug and the prescribing physician.

a. All employees of the City of Attica who test positive for Drug/Alcohol, including pre-employment, reasonable cause, and post accident, will pay for the tests including (G.C.M.S.) Confirmation Test.

b. All employees who request split specimens to be forwarded to another lab will pay for the costs.

c. Costs of the tests will be withheld from the employee's paycheck effective next paycheck. The City of Attica will pay for all Negative Drug/Alcohol Tests.

I have carefully and thoroughly read THE CITY OF ATTICA drug and alcohol policy packet information.

²⁰Indiana Code, � 5-10.2-1-1, addresses Public Retirement and Disability Benefits.

The City of Attica elects to become a participant in the Public Employees' Retirement Fund as established by the Acts of 1945, Chapter 340 and all Acts amendatory and supplemental thereto.
(Res. No. 1-78, � 1, 11-13-78)

The City of Attica agrees to make the required contributions under the Public Employees' Retirement Fund Act which is the Acts of 1945, Chapter 340, and all Acts amendatory thereof and supplemental thereto, including specifically the Acts of 1955, Chapter 329, commonly designated as "The Indiana Public Employees' Social Security Integration and Supplemental Retirement Benefits Act."
(Res. No. 1-78, � 2, 11-13-78)

It is declared that none of the classifications or positions specified in Sec. 2-97 are compensated on a fee basis or of an emergency nature, or in a part-time (less than 30 hours per week) category. (Res. No. 1-78, � 4, 11-13-78)

The active participating membership of the City of Attica shall begin on the 1st day of January, 1979. (Res. No. 1-78, � 5, 11-13-78)

The governing body of the City of Attica, Indiana, elects coverage under the Old Age and Survivors Insurance Act as provided by Chapter 313, Acts of 1951, as amended, and as they may be implemented by regulation of the appropriate State Agency. (Res. No. 1-78, � 2-55)

The following positions are designated as those which are to be covered, all positions except: All services of an emergency nature; part-time positions; positions the compensation for which is on a fee bases; elected legislative officials, except Clerk-Treasurer. (Res. No. 1-78, � 2-56)

For the purpose of carrying out the provisions of Title II, Sec. 218 of the Federal Social Security Acts, and amendments thereof, the agreement entered into between the State Agency with the approval of the governor and the Social Security Administrator is made a part of this ordinance and shall constitute an integral part of the Federal agreement between this Political Subdivision and the State Agency and shall become a part of the agreement or modification of the agreement between the State and the Social Security Administrator, the Common Council hereby explicitly agrees that it will fully perform the obligation of a Political Subdivision under said agreement and Chapter 313, Acts of 1951, as amended, and as may be amended, and as may be implemented by regulation of the State Agency. (Res. No. 1-78, � 2-57)

The following written policy shall be adopted and implemented from the date adopted until modified or terminated:

Paid Sick Leave - Full-time hourly employees (i.e. Employees who regularly work more than thirty-two (32) hours per week) shall earn one (1) day of paid sick leave for each month of service. If in any calendar year, an employee shall be absent for illness less than the allowable days, the remaining days shall be allowed to accumulate and carry over up to a ototal of thirty (30) days which may be used during active employment. Any employee absent for more that two (2) consecutive days shall give the employee's immediate supervisor written verification from a licensed physician as to the nature of the employee's illness in order to qualify for paid sick leave. (Res. No. 3, 1988, � 1, 11-7-88)

²¹Editor's Note: The Cafeteria Plan Policy was adopted within the context of � 125 of the Internal Revenue Code for the benefit of the City's eligible employees.

a. The Common Council for the City of Attica adopts the City of Attica Flexible Benefits Plan (consisting of the Flexible Benefits Plan Document, the Adoption Agreement and component Benefit Plans and Policies) effective as of the date specified in the Adoption Agreement.

b. The Mayor of the City of Attica is authorized to execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the Plan or maintain its compliance with applicable federal, state and local law. (Res. No. 2, 1992, 2-3-92; Bk. 27, pg. 250)

a. While in pursuit of their official duties, or while acting in an official capacity, city employees are prohibited from engaging in political activities, including, but not necessarily limited to: making speeches for political organizations or candidates, soliciting political funds, attending political gatherings, selling tickets for political organizations or candidates, soliciting voters, campaigning for any political candidate, or performing any election related functions.

b. Except when on duty or acting in an official capacity, no employee of the City of Attica shall be prohibited from engaging in any political activity or be denied the right to refrain from engaging in such activity.

c. No employee shall be forced to contribute to any political party or be forced to participate in any political activity and no employee shall be denied retention, demoted, or dismissed from their course of employment because of their political affiliation. (Res. No. 1, 1988; BK 26, pg. 272)

²²Indiana Code, � 36-4-7-3 and Indiana Code, � 36-4-7-5, address the compensation of employees.

All wages will be paid on Friday for the preceding Friday through Thursday work week. (Res. No. 8, 1984, � 1, 11-26-84)

²³Indiana Code, � 5-4-1-18, requires the Common Council to authorize bonds and their amounts.

²⁴Indiana Code, � 34-4-16.5, Indiana Code, � 34-4-16.6-3, and Indiana Code, � 34-4-16.7-2, addresses the City's role in providing a defense for City employees.

a. The Clerk-Treasurer is the fiscal officer of the City and the head of the fiscal branch. He or she shall perform the duties assigned by Indiana Code, � 36-4-10-1, et seq., and such other duties as the Common Council may, by ordinance, require.

b. The Clerk-Treasurer is authorized, pursuant to Indiana Code, � 36-4-11-4, to appoint deputy clerk-treasurers to be paid solely from funds appropriated for the Office of Clerk-Treasurer. Such deputies shall work under the exclusive direction of the Clerk-Treasurer, and serve at the pleasure of the Clerk-Treasurer.

c. The various utility clerks needed to manage the bookkeeping and administrative requirements of the utility shall be appointed and compensated by the board having control of the utility the Clerk serves. The utility clerks serve at the pleasure of the board which appointed them. The Clerk-Treasurer shall have the power to supervise the utility personnel in his or her office, subject to the approval of the governing boards of the various utilities.

²⁶Indiana Code � 36-4-10-3, addresses residency requirements of the Clerk-Treasurer.

b. The Clerk-Treasurer shall take office at twelve noon (12:00 o'clock) on the first day of January following his or her election, and shall serve for four (4) years and until a successor is elected and qualified pursuant to Indiana Code, � 3-2-7-5.

²⁷Indiana Code, � 36-4-10-2, addresses the Clerk-Treasurer's teen of office and election.

a. The Clerk-Treasurer is an elected position whose term of office is for four (4) years, beginning at noon on January 1st after his or her election and continuing until a successor is elected and qualified.

²⁸Indiana Code, � 36-4-10-4, authorizes the Clerk-Treasurer to administer oaths and sets forth related powers.
²⁹ Indiana Code, � 36-4-10-4.5, sets forth the Clerk-Treasurer's role as Fiscal Office, and as Clerk to the Board and Council.

a. The Clerk-Treasurer may administer oaths, take depositions, and take acknowledgements of instruments as required by law.

b. The Clerk-Treasurer may perform all duties prescribed by law, which include but are not limited to the following:

1. Receive and care for all City monies, and pay them out upon order of the approving body;

³⁰Indiana Code, � 36-4-7-2, addresses the fixing of annual compensation of elected City officers.

The compensation for the services of the person holding the office of Clerk-Treasurer shall be fixed by the Common Council.

The following boards are established or acknowledged as a purchasing agency for the City of Attica:

a. The Attica Park Board for the purchases of supplies and services paid in whole or in part from:

2. any revenues from the operation of the Attica Park Board, including any of its programs, or

b. The Attica Board of Public Works and Safety for the purchases of supplies and services for the City including every agency, board, office, committee, council, department, or other establishment of the City. Notwithstanding the provisions of paragraph a above, the Attica Park Board may request the Board of Public Works and Safety to make purchases for it as the purchasing agency and with its designated purchasing agent.

c. The purchasing agencies shall have all of the powers and duties authorized under Indiana Code, � 5-22 and as may be supplemented from time to time by ordinances adopted by the Attica Common Council. (Ord. No. 13, 1998, � 1, 9-14-98)

a. The President of the Attica Park Board shall be the purchasing agent for the Attica Park Board.

b. The Attica City Court Judge, the City's Fiscal Officer (the Clerk-Treasurer), and each Executive Department Head shall be the purchasing agent of the purchasing agency of the Board of Public Works and Safety for purchases for their own departments or operations.

c. Any purchasing agency may designate any employee of the agency or of the City as one of its Purchasing Agents by filing a written notification with the Fiscal Officer (Clerk-Treasurer) of the City. (Ord. No. 13, 1998, � 2, 9-14-98)

a. Supplies manufactured in the United States shall be specified for all City purchases, and shall be purchased unless the City's purchasing agency determines that:

1. the supplies are not manufactured in the United States in reasonably available quantities; or

2. the price of the supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable supplies manufactured elsewhere; or

3. the quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or

4. the purchase of supplies manufactured in the United States is not in the public interest.

b. The City shall purchase from the Department of Corrections supplies and services produced or manufactured by the Department under 11-10-6, as listed in the department's printing catalogue, unless the purchasing agency or its purchasing agent has determined that:

2. the supplies and services do not meet the specifications and needs of the City; or

4. similar articles are produced by the City. (Ord. No. 13, 1998, � 3, 9-14-98)

d. All purchasing agencies may purchase supplies with an estimated cost of less than twenty-five thousand dollars ($25,000.00) on the open market without inviting or receiving quotes; however, purchases over five thousand dollars ($5,000.00) shall be approved by the Board of Works prior to purchase.

e. Any purchasing agency may use any special purchasing method for which it can qualify under Indiana Code, � 5-22-10.

f. The Attica Common Council determines that each purchasing agency, department, elected fiscal officer (Clerk-Treasurer) and City Court Judge, and the Council may purchase services in whatever manner the purchaser determines to be reasonable, to the extent provided by law. (Ord. No. 13, 1998, �� 4-6, 9-14-98)

³¹ Indiana Code, � 36-10-3-22, addresses expenditures from special non-reverting operating funds. Indiana Code, � 36-10-3-1, et seq., addresses Park and Recreation Laws.

a. There is established a special non-reverting operating fund which shall be used for expenditures and maintenance of the various parks within the corporate; limits of the City.

b. Any fees, gifts for park maintenance and monies received from the sale of surplus properties within said park areas shall be deposited by the Clerk-Treasurer into said non-reverting operating fund.

d. Expenditures out of said Fund shall be made by the Board of Parks and Recreation. (Ord. No. 8, 1985, �� 1-4, 8-26-85)

There is established and created a Cumulative Capital Improvement Fund for the purpose of receiving cigarette tax distribution, as allocated to the City of Attica, Indiana, by the State of Indiana, which fund shall be used solely for capital improvement within said City, as defined by said statutes and for any other purpose allowed by said statutes. (Ord. No. 785-1965, � 1, 8-9-65; Bk. 22, pg. 27)

There is established and created a Cash Reserve Fund for the purpose of receiving surplus earnings as allocated to the City of Attica, Indiana, by the City Water Works, which fund shall be transferred to the City General Fund for disbursement by the Common Council as defined and allowed by said statutes. (Ord. No. 859-72, �1, 3-27-72; Bk. 23, pg. 271)

a. There is hereby reestablished the Attica Cumulative Capital Development Fund, pursuant to the provision of Indiana Code � 36-9-15.5-1.

b. An ad valorem property tax levy shall be imposed and the revenues from the levy shall be retained in the Attica Cumulative Development Fund.

c. The Common Council shall adhere to the provision of Indiana Code, � 36-9-15.5-6 and, in order to fund the Cumulative Capital Development Fund, there shall be assessed the following tax rates:

1. Five cents ($0.05) per one hundred dollars ($100.00) of assessed valuation, beginning with taxes payable in 2004;

2. Ten cents ($0.10) per one hundred dollars ($100.00) of assessed valuation, beginning with taxes payable in 2005;

3. Fifteen cents ($0.15) per one hundred dollars ($100.00) of assessed valuation, beginning with taxes payable in 2006, and thereafter unless reduced or rescinded.

d. That the Attica Cumulative Capital Development Fund is established until such time as the fund is rescinded by the Common Council for the City of Attica.

e. The funds accumulated in the Attica Cumulative Capital Development Fund shall be used for the following purposes: general improvement of streets, sidewalks, curbs and gutters (Indiana Code, � 36-9-17), firefighting building and equipment (Indiana Code, � 36-8-14), building (Indiana Code, � 36-9-16-2), sidewalks and sewers (Indiana Code, � 36-9-16-3), streets (Indiana Code, � 36-9-16.5), sewers (Indiana Code, � 36-9-26), drainage (Indiana Code, � 36-9-27-100), parks and recreation (Indiana Code, � 36-10-3-21), public buildings (Indiana Code, � 36-10-4-36), transportation (Indiana Code, � 36-9-4-48), and as appropriated by the Common Council for the City of Attica.

f. Notwithstanding Paragraph e. above, funds accumulated in the Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Paragraph e. above, if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Moneys may be spent under the authority of this Section only after the Mayor issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of moneys in the Fund.
(Ord. No. 10, 2002, 7-29-02; Am. Ord. 5, 2003, 6-9-03)

The Local Road and Street Fund (LRS) is established for the purpose of receiving applicable state funds and for expenditures permitted by statute.

The Motor Vehicle Highway Fund (MVH) is continued for the purposes of receiving applicable state funds for expenditures permitted by statute.

All revenues derived from the operation of the waterworks and from the collection of wa .er rates and charges shall be deposited in the Revenue Fund ("Revenue Fund") hereby created. Said Revenue Fund shall be segregated and deposited as set forth in this ordinance. Out of said Revenue Fund the proper and reasonable expenses of operation, repair and maintenance of the works shall be paid, the principal and interest of all bonds and fiscal agency charges of registrars or paying agents shall be paid and the costs of replacements, extensions, additions and improvements to the works shall be paid.
(Ord. No. 11, 1995, � 9, 10-16-95)

There is created a fund known as the "Operation and Maintenance Fund" CO & M Fund"). On the last day of each calendar month, a sufficient amount of moneys shall be transferred from the Revenue Fund to the 0 & M Fund so that the balance maintained in the 0 & M Fund is sufficient to pay the expenses of operation, repair and maintenance of the works for the next succeeding two (2) calendar months. The moneys credited to this Fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the waterworks on a day-to-day basis. Any monies in said Fund may be transferred to the Waterworks Sinking Fund if necessary to prevent a default in the payment of principal of or interest on the outstanding bonds of the waterworks.
(Ord. No. 11, 1995, � 9, 10-16-95)

There is created a special fund designated "Waterworks Sinking Fund" ("Sinking Fund") for the payment of the principal of and interest on all outstanding waterworks revenue bonds and BANs, and the payment of any fiscal agency charges in connection with the payment of bonds. There shall be set aside and deposited in said sinking fund, as available, and as hereinafter provided, a sufficient amount of the Net Revenues of said waterworks to meet the requirements of the Bond and Interest Account and the Reserve Account hereby created in said Sinking Fund. Such payments shall continue until the balances in the Bond and Interest Account and Reserve Account hereinafter described equal the principal of and interest on all of the then outstanding bonds of the waterworks to the final maturity and provide for payment of all fiscal agency charges.
(Ord. No. 11, 1995, � 10, 10-16-95)

a. There is created a special fund designated the Waterworks Improvement Fund ("Improvement Fund"). In the event all required payments into the Operation and Maintenance Fund and the Sinking Fund have been met to date, then any excess net revenues may be transferred to the Improvement Fund for improvements, replacements, additions and extensions to the works. No such transfer to the Improvement Fund shall be made, however, which will interfere with the requirements of the Sinking Fund or the accumulation of the required reserve therein.

b. All or any portion of the funds accumulated and reserved in the Improvement Fund shall be transferred to the Sinking Fund, if necessary, to prevent a default in the payment of principal of or interest on the bonds payable from said Sinking Fund or to eliminate any deficiencies in credits to or minimum balance in the Reserve Account. Moneys in the Improvement Fund also may be transferred to the 0 & M Fund to meet unforeseen contingencies in the operation, repair and maintenance of the waterworks.
(Ord. No. 11, 1995, � 11, 10-16-95)

There is created a fund known as the Revenue Fund (the "Revenue Fund") into which all income and revenues of the sewage works shall be deposited upon receipt. This fund shall be maintained separate and apart from all other accounts of the City. All moneys deposited in the Revenue Fund may be invested in accordance with Indiana Code, � 5-13-9 and other applicable laws.
(Ord. No. 10, 1997, � 9, 5-27-97)

There is created a fund known as the Operation and Maintenance Fund (the "Operation and Maintenance Fund"). There shall be credited on the last day of each calendar month a sufficient amount of the revenues of the sewage works so that the balance in the Operation and Maintenance Fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two (2) calendar months. The moneys credited to the Operation and Maintenance Fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the sewage works on a day-to-day basis. Any moneys in the Operation and Maintenance Fund in excess of the expected expenses of operation, repair and maintenance for the next succeeding month may be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of or interest on the, outstanding Bonds of the sewage works.
(Ord. No. 10, 1997, � 10, 5-27-97)

a. There is created a sinking fund for the payment of the principal of and interest on revenue bonds which by their terms are payable from the Net Revenues of the sewage works, and the payment of any fiscal agency charges in connection with the payment of bonds and interest, which fund shall be designated the Sewage Works Sinking Fund (the "Sinking Fund"). There shall be set aside and deposited in the Sinking Fund, as available, and as provided below, a sufficient amount of the Net Revenues of the sewage works to meet the requirements of the Bond and Interest Account and of the Reserve Account hereby created in the Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account described below, equals the amount needed to redeem all of the then outstanding Bonds.

b. Bond and Interest Account. Beginning as of the date of issuance of the bonds, there shall be transferred, on the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account an amount of the net revenues equal to (i) one-sixth (1/6) of the interest on all then outstanding bonds payable from net revenues on the next succeeding interest payment date and (ii) one-twelfth (1/12) of the principal on all outstanding bonds payable on the next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding interest and principal payment dates shall have been so credited. There shall similarly be credited to the account any amount necessary to pay the bank fiscal agency charges for paying principal and interest on the bonds as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owner or to the bank fiscal agency sufficient moneys to pay the principal and interest on their due dates together with the amount of bank fiscal agency charges.

c. Reserve Account. Beginning with the first month after the Bonds are delivered, the City shall deposit on the last day of each calendar month an amount of net revenues into the Reserve Account until the balance therein equals but does not exceed the least of (i) the maximum annual debt service on the bonds, (ii) one hundred and twenty-five percent (125%) of average annual debt service on the bonds, or (iii) ten percent (10%) of the proceeds of the bonds, plus a minor portion thereof as defined in the Internal Revenue Code of 1986 (the "Reserve Requirement"). The monthly deposits of net revenues shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the bonds.

The Reserve Account shall constitute a margin for safety and a protection against default in the payment of principal of and interest on outstanding bonds, and the moneys in the Reserve Account shall be used to pay current principal and interest on outstanding bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the balance maintained in the Reserve Account shall be promptly made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. If moneys in the Reserve Account are transferred to the Bond and Interest Account to pay principal and interest on outstanding Bonds, then this depletion of the balance in the Reserve Account shall be made up from the next available Net Revenues after the credits into the Bond and Interest Account. Any moneys in the Reserve Account in excess of the Reserve Requirement shall be transferred to the Sewage Works Improvement Fund.
(Ord. No. 10, 1997, � 11, 5-27-97)

After meeting the requirements of the Operation and Maintenance Fund and the Sinking Fund, any excess revenues may be transferred or credited to the Sewage Works Improvement Fund, hereby created, and said Fund shall be used for additions, extensions, replacements and improvements. Any other available and unrestricted moneys of the sewage works not otherwise deposited pursuant to the terms of this ordinance shall be transferred to the Improvement Fund and used for sewage works capital improvements or for any other lawful purpose. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal and interest on the then outstanding bonds or, if necessary, to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sinking Fund, or may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation and maintenance of the sewage works.
(Ord. No. 10, 1997, � 12, 5-27-97)

The Sinking Fund shall be deposited in and maintained as a separate account or accounts from all other accounts o f the City. The Operation and Maintenance Fund and the Sewage Works Improvement Fund may be maintained in a single account, or accounts, but such account, or accounts, shall likewise be maintained separate and apart from all other accounts of the City and apart from the Sinking Fund account or accounts. All moneys deposited in the accounts shall be deposited, held and secured as public funds in accordance with the public depository laws of the State of Indiana; provided that moneys therein may be invested in obligations in accordance with the applicable laws, including particularly Indiana Code, Title 5, Article 13, as amended or supplemented, and Sec. 2-146 and in the event of such investment the income therefrom shall become a part of the funds invested and shall be used only as provided in this Division.
(Ord. No. 10, 1997, � 13, 5-27-97)

a. The Clerk-Treasurer is authorized pursuant to Indiana Code, � 5-1-14-3 to invest moneys pursuant to the provisions of Ordinance No. 10, 1997, (subject to applicable requirements of federal law to insure such yield is the then current market rate) to the extent necessary or advisable to preserve the exclusion from gross income of interest on the bonds and BANS under federal law.

b. The Clerk-Treasurer shall keep full and accurate records of investment earnings and income from moneys held in the funds and accounts created or referenced herein. In order to comply with the provisions of the ordinance, the Clerk-Treasurer its hereby authorized and directed to employ consultants or attorneys from time to time to advise the City as to requirements of federal law to preserve the tax exclusion. The Clerk-Treasurer may pay any fees as operation expenses of the sewage works.
(Ord. No. 10, 1997, � 19, 5-27-97)

³⁴Indiana Code, � 34-28-5-1(f) authonzes the Prosecuting Attorney of Fountain County to enter into an Infraction Deferral Program. Indiana Code, � 33-14-1-7 authorized the Prosecuting Attorney of Fountain County to enter into a Misdemeanor Diversion Program. Indiana Code, � 3319-8-4 authorizes the appropnation from the City's funds the amount collected for the Infraction Deferral Program Fee and a Misdemeanor Diversion Program Fee.

a. There is created a City User Fee Fund consisting of fees collected by the Clerk-Treasurer from the Misdemeanor Diversion Program and the Infraction Deferral Program.

b. The funds held in the user fee fund shall be appropriated by the common council for the City of Attica.
(Ord. No. 6, 1999, � � 1-2, 2-5-99)

The following funds are continued in effect. Each fund shall be funded and operated in accordance with all statutory requirements.

³⁵Indiana Code, �� 9-29-4-2, 9-29-II-I, 35-47-2-3, 33-19-8-4, and 33-6-3-4, addresses deposits into a continuing education fund. Effective July 1, 1993, this fund replaced the Firearms Training Fund and the Accident Report Fund.
³⁶Editor's Note: Reg, No. 5,1968, adopted on July 22,1968, created a Utility Office Construction Fund for the purpose of constructing a new office facility.

a. There is hereby established a Rainy Day Fund for the City of Attica, said Rainy Day Fund to receive transfers of unused and unencumbered funds from the Attica City Budget.

b. No more then ten percent (10%) of the City's total budget for any fiscal year may be transferred to the Rainy Day Fund.

c. The unused and unencumbered monies of the City's Budget shall, by Resolution, be transferred to the Rainy Day Fund, said transfer to be made to separate line items, each line item to correspond to the line item within the City Budget from where the monies were transferred.

d. Any amount necessary to pay any expenditure or valid claim may be transferred from the Rainy Day Fund back to the City Budget from which the funds were reverted.
(Ord. No. 15, 2001, 11-12-01)

³⁷Editor's Note: The 1925 Fund is located at Indiana Code, � 36-8-6 and the 1977 Fund is located at Indiana Code, � 36-8-8 for the Police Pension Board.

³⁸Indiana Code, � 36-8-2-2, permits the establishment of maintenance and operation of a special police law enforcement system.

a. There is established for the City of Attica, Indiana, a Special Police Department within the City of Attica, Indiana.

b. The appointment, promotion, demotion, and dismissal of members of the Special Police Department shall be determined by the rules and regulations of the Police Merit Board for the City of Attica, Indiana.
(Ord. No. 7, 1992, - -92)

³⁹Editor's Note: The Police Merit Board meets every third Wednesday every other month. Sec. 2-152 Police Reserve Unit.

a. There is established for the Police Department of the City of Attica, Fountain County, Indiana, a merit system in accordance with Chapter 3.5, Title 36, Article 8 of the Indiana Code.
(Ord. No. 11, 1986, � 1, 12-22-86)

b. This Ordinance shall be in full force and effect from and after its acceptance by the active members of said Police Department, the publication as required by law and adoption by the Common Council of said City.
(Ord. No. 11, 1986, � 2, 12-22-86; Bk. 26, pg. 205)

a. There is established a Police Reserve Unit for the City of Attica, Fountain County, Indiana.

c. Members of said Police Reserve Unit shall be appointed by the same authority which appoints regular members of the Attica Police Department.

d. Any person appointed to said Police Reserve Unit may not be a member of the regular police department, but shall have all of the police powers of said regular members except as limited by the rules and regulations of the department.

e. Persons serving as said police reserves are not eligible to participate in any pension program provided for regular members of the department.

f. The authority appointing the persons to said Reserve Unit shall establish rules, regulations and minimum training requirements which shall govern said Police Reserve Unit.
(Ord. No. 964A, 1983, �� 1-6, 8-22-83, Bk. 26, pp. 3-4)

⁴⁰The 1937 Fund is addressed in Indiana Code, � 36-8-7, and the 1977 Fund is addressed at Indiana Code, � 36-8-8 for the Fire Pension Board.

⁴¹Indiana Code, � 36-8-4-I through Indiana Code, � 36-8-4-12, addresses police and fire regulations.

b. The Volunteer Fire Department shall organize by the adoption of a constitution and by-laws and the approval thereof by the City Council and shall be governed by laws of the State of Indiana applicable thereto and such rules and regulations as may from time to time be adopted by the Volunteer Fire Department and approved by City Council.
(Municipal Code of Attica, Indiana, 1967, � 11-12)

The Chief shall be appointed by the Mayor. Members of the Volunteer Fire Department shall be elected by the membership of the Attica volunteer Fire Department.
(Ord. No. 4, 1998, � 1, 3-9-98)

The Chief shall have the exclusive control and charge of the Fire Department subject to the ordinances of the City and statutes of the State of Indiana.
(Municipal Code of Attica, Indiana, 1967, � 11-14)

The Chief shall be held responsible to the Mayor for the general condition and efficient operation of the Department.
(Municipal Code of Attica, Indiana, 1967, � 11-15)

The Chief shall make official report of his action and of officers and members under his or her command to the Mayor.
(Municipal Code of Attica, Indiana, 1967, � 11-16)

The members of the Volunteer Fire Department shall elect the assistant Chief and all other officers as may be required by the volunteer Fire Department's By-Laws. The duties of such officers shall be in accordance with the By-Laws of the Volunteer Fire Department.
(Ord. No. 4, 1998, � 2, 3-9-98)

⁴²Editor's Note: Ord. No. 835-69 replaced Ord. No. 730 passed on May 12, 1958.

It is the declared intention of the Common Council of the City of Attica, Indiana, to avail itself of the provisions of Chapter 138, Acts of 1957, as amended, Indiana General Assembly, and to participate in the operation of the Area Planning Department after it is established, pursuant to Section 6, of said Act.
(Ord. No. 835-69, � 1, 9-8-6-9; Bk. 23, pp. 88-89)

⁴³Editor's Note: Zoning and Planning regulations are set out in Chapter 10 of this Code.

The Common Council of the City of Attica, Indiana, adopts the provisions of Chapter 138, Acts of 1957, as amended, Indiana General Assembly.
(Ord. No. 835-69, � 2, 9-8-69; Bk. 23, pp. 88-89)

The membership of the Area Plan Commission of Fountain County shall be as set forth in Section 8 through Section 13, and in Section 25 of said Act.
(Ord. No. 835-69, � 3, 9-8-69; Bk. 23, pp. 88-89)

A copy of this Ordinance, upon its passage and signature by the Mayor of the City of Attica, shall be certified to the County Commissioners of Fountain County, Indiana.
(Ord. No. 835-69, � 4, 9-8-69; Bk. 23, pp. 88-89)

⁴⁴Indiana Code, � 36-7-12-3 through Indiana Code, � 36-7-12-34, addresses economic development and pollution control.

Pursuant to authority granted by said Public Law 182, there is created the City Department of Development, which shall be in addition to existing executive departments of the City. (Ord. No. 894-76, � 1, 10-25-76; Bk. 24, pp. 245-246)

Department of Development shall be under the control of a board of three (3) members, to be known as "Attica Development Commission." The members of said Commission shall be appointed and shall perform the duties and exercise the powers, all as set forth in said Public Law 182. (Ord. No. 894-76, � 2, 10-25-76; Bk. 24, pp. 245-246)⁴⁵

⁴⁵Indiana Code, � 36-7-14.5. et seq., addresses redevelopment authority.

⁴⁶Indiana Code, � 33-6-3-I. et seq., authorizes the establishment of an Ordinance Violations Bureau.

An ordinance Violations Bureau is established in the City of Attica to accept written appearance, admissions of violations, and payment of civil penalties for violations of ordinances of the City of Attica. (Ord. No. 1, 1999, � 1, 2-8-99)

The Clerk/Treasurer of the City of Attica is designated the Violations Clerk of the City of Attica. (Ord. No. 1, 1999, � 2, 2-8-99)

Sec. 2-184 Schedule of Ordinances and Penalties Subject to Settlement by the Violations Clerk.⁴⁷

⁴⁷Indiana Code, � 33-6-3-1(4 authorizes the payment of civil penalties up to 5100.00

Violations of any Ordinance of the City of Attica calling for a civil penalty may be settled by the Violations Clerk by receipt of an amount equal to the lesser of

No settlement shall be permitted if such person fails to pay the amount authorized hereunder within the time specified in the summons or notice provided such person. If a person fails to settle a violation through the Violations Bureau established hereunder and such person is taken to Court to enforce the ordinance in question, the person may be subject to the maximum penalties set forth in the underlying ordinance. (Ord. No. 1, 1999, � 3, 2-8-99)

⁴⁸Indiana Code, � 36-7-11-2 through Indiana Code, � 36-7-11-21, addresses historic preservation. Indiana Code, � 36-7-11.3-1 et seq. addresses municipal preservation.

a. A committee known as the Attica Historical Preservation Committee is established.

b. The Committee shall consist of five (5) members appointed by the Mayor of the City of Attica, subject to the approval of the Council.

c. The Committee shall work with any interested individual, organization, or community group to assist in the preservation and restoration of historical sites and buildings within the City of Attica and make report of and recommendations of the Council regarding preservation and restoration of historical sites. (Res. No. 4, 1992, 7-20-92; Bk. 27. pp. 268-269)

The City of Attica, Indiana, its Administrative Branch of Government is organized as depicted in the Organizational Chart on the next page: