C HAPTER    3
 
CITY LEGISLATIVE & JUDICIAL BRANCHES

C HAPTER    3
 
CITY LEGISLATIVE & JUDICIAL BRANCHES

ARTICLE 1. THE LEGISLATIVE BRANCH.

DIVISION I. GOVERNING REGULATIONS.

Sec. 3-1    The Common Council.¹

¹Indiana Code, § 36-4-6-2, addresses the eligibility of members of the Common Council.

a.   The legislative branch of the City of Attica, Indiana, is the Common Council. The Council shall have exclusive authority to pass ordinances and appropriate tax monies received by the City, and to perform other necessary and desirable legislative functions.

b.   The Clerk-Treasurer shall be the Clerk of the Council and shall perform the duties prescribed by Indiana Code, § 36-4-6-9, and such other as the Council may direct.

Sec. 3-2    Four (4) Councilmanic Districts.²

²Indiana Code, § 36-4-6-5, requires that councilmanic districts be composed of contiguous territory, be reasonably compact, be substantially of equal population, and cannot cross precinct boundary lines.

a.   The City of Attica is divided into four (4) Councilmanic Districts.³

³Editor's Note: Ord. No. 10,1992 passed on December 7, 1992, replaces the provisions formerly set forth as §§ 4-1 through 4-4 of the Municipal Code of the City of Attica, Indiana 1967.

b.   The boundaries of the Councilmanic Districts shall be the same as the voting precinct boundary lines as established by the Commissioners of Fountain County, Indiana.
(Ord. No. 10, 1992, 9-7-92; Book 27, page 297)⁴

⁴Indiana Code, § 36-4-6-4 and Indiana Code, § 36-4-6-5, required redistricting of councilmanic districts every ten (10) years.

c.   A map depicting the four (4) Councilmanic Districts is available for public inspection in the Office of the City Clerk-Treasurer during regular business hours.
(Am. Ord. No. 9, 2002, 7-8-02)

Sec. 3-3    Voting for A Five (5) Member Councils.⁵

⁵Editor's Note: Res. No. 3, 1991, adopted on May 6, 1991, replaces Ord. No. 951, 1982 which was passed on August 30, 1982.

The City of Attica shall continue an election process for Council seats which permits each voter of the city to vote for one (1) candidate at-large and one (1) candidate from each of the city's four (4) Councilmanic Districts.
(Res. No. 3, 1991, 5-6-91; Book 27, page 203)

Sec. 3-4    Regular Meetings of the Common Council.⁶

⁶Indiana Code, § 5-14-1.5-1, et seq., is the Indiana Open Door Law commonly known as the "Sunshine Law".

a.   The regular and stated meeting of the Common Council of the City of Attica shall be held at the Council chamber at 7:00 p.m. on the second Monday evening of each month, effective February, 1996, provided, however the first regular meeting of any newly elected Council shall be held on the first Monday in January at 7:00 p.m.
(Ord. No. 1, 1996, 1-1-96)⁷

⁷Editor's Note: Ord. No. I, 1996 passed on January I, 1996 replaced Ord. No. 17, 1995 which had been passed on December 4, 1995 and is located in Book 28, page 161.

b.   The regular and stated meeting of the Common Council of the City of Attica, which is set for the second Monday of each month, may be continued by a majority vote of the Council Members at any previous regular monthly meeting.
(Ord. No. 3, 3-24-97)

c.   Any regular meeting may be adjourned to a future day or hour, at which adjourned meeting it shall be lawful to transact any business which might have been transacted at the regular meeting of which this is a continuance, and at such adjourned meeting, said Council will not be limited to complete particular items of business, which had actually been entered upon and left unfinished at the regular meeting, unless the order of adjournment of such regular meeting so limits the work of the adjourned meeting.
(Ord. No. 1, 1996, 1-1-96)

Sec. 3-5    Special Meetings of the Common Council.⁸

⁸Indiana Code, § 36-4-6-7, addresses regular and special meetings of the Common Council.

a.   Special meetings shall be held on the call of the Mayor by written notice, served on each member of the Council by the Chief of Police, or his or her authorized designee.

b.   If practicable, said notice shall specify the purposes for which the call is made.

c.   Said notice shall be attested by the Clerk-Treasurer and contain thereon the seal of the city. The Clerk-Treasurer shall copy the call in the records of the meeting of the Common Council which shall also show the service of the notice, for which purpose the Chief of Police, or his or her authorized designee, shall return copies of such notices to the Clerk-Treasurer at such special meeting. ⁹

⁹Indiana Code, § 36-4-6-9, addresses duties of the clerk relative to the legislative body.

d.   In case the Mayor shall refuse to call a special meeting, then such meeting may be called by at least three (3) of the council members, which application shall state the Mayor's inability or refusal to call said meeting. Notice shall be served by the Chief of Police, or his or her authorized designee, and a copy of the same recorded in the records of the council, as provided in the Mayor's notice in this section. (Municipal Code of Attica, Indiana, 1967, § 2-2)

Sec. 3-6    Quorum of the Common Council.¹⁰

¹⁰Indiana Code, § 36-4-6-10, addresses a quorum.

The majority of all the Council Members elected shall constitute a quorum. (Municipal Code of Attica, Indiana, 1967, § 2-3)

Sec. 3-7    Standing Committees of the Common Council.

a.   Unless otherwise specially ordered by the Council, the Mayor shall appoint, subject to the approval of the Council, at the first meeting of the newly elected council following the election in November, the following standing committees:

Cemetery
Finance
Lights and Water
Park
Planning
Police and Firemen
Streets and Sewers
Zoning

b.   Each standing committee shall consist of not less than three (3) members. (Municipal Code of Attica, Indiana, 1967, § 2-4)

Sec. 3-8    Select Committees of the Common Council.

The Mayor shall appoint all select committees which may be ordered by the Common Council from time to time. (Municipal Code of Attica, Indiana, 1967, § 2-5)

Sec. 3-9    Standing Committee Organization.

a.   The first named member of the each committee shall be the Chairperson. In his or her absence, or being excused by the Council, the next named member and so on as often as the case may happen shall be named the Chairperson.

b.   In the case of the death of a Committee Chairperson, the Mayor shall appoint another.
(Municipal Code of Attica, Indiana, 1967, § 2-6)

Sec. 3-10    Meetings of the Standing Committees.

It shall be the duty of a committee to meet on the call of any two (2) members, in case the chairperson is absent or declines to appoint such meeting.(Municipal Code of Attica, Indiana, 1967, § 2-7)

Sec. 3-11    Discharge of a Select Committee.

A select committee when its report, if made, is disposed of and it has no other business, stands dissolved without motion; but an affirmative vote on recommitment has the effect of reviving such committee. (Municipal Code of Attica, Indiana, 1967, § 2-8)

Sec. 3-12    Minority Reports of a Committee.

The report of a minority of a committee shall be regarded as an amendment to, or substitute for the report of the committee. (Municipal Code of Attica, Indiana, 1967, § 2-9)

Sec. 3-13    Sponsoring Council Member and Role with a Committee.

When any matter has been referred to a committee, the Council Member introducing the same shall have the right to meet with and act as a member of such committee during its deliberation thereon, but shall not vote. (Municipal Code of Attica, Indiana, 1967, § 2-10)

Sec. 3-14    Committee's Right to Amend.

A committee shall not erase, interline or blot any ordinance, resolution or other paper referred to it, but must enter upon separate paper, an amendment it may propose, stating the words it proposes to insert or omit, by reference to page, line and words of the original paper. (Municipal Code of Attica, Indiana, 1967, § 2-11)

Sec. 3-15    Committee on Engrossed Ordinances.

The committee on ordinances shall act as committee on engrossed ordinances and phraseology of ordinances. (Municipal Code of Attica, Indiana, 1967, § 2-12)

Sec. 3-16    Order of Business at Regular Council Meetings.

The business of the Common Council shall be taken up in the following order, unless by two-thirds (2/3) vote of the Council it shall suspend the order:

Sec. 3-17    Mayor to be Presiding Officer at Council Meetings.¹¹

¹¹Indiana Code, § 36-4-6-8, addresses the presiding officer of the Council.

The Mayor shall take the chair precisely at the hour fixed for the opening and shall call the council to order if a legal quorum is present. (Municipal Code of Attica, Indiana, 1967, § 2-14)

Sec. 3-18    Mayor's Duties as Presiding Officer of the Council.¹²

¹²Indiana Code, § 36-4-6-6, sets forth the powers to expel members or declare a seat vacant.

a.   The Mayor shall preserve order and decorum.

b.   The Mayor may speak on points of order in preference to members, and shall decide questions of order according to the subsequent rules adopted by the Council.

c.   If an appeal should be taken from his or her ruling, the question on appeal shall be: "Shall the decision of the Chair stand as the decision of the Council?"

d.   An appeal from the Mayor's decision shall only be had by and upon the requests of any two (2) members thereof. (Municipal Code of Attica, Indiana, 1967, § 2-15)

Sec. 3-19    Voting Procedure of the Counci1.¹³

¹³Indiana Code, § 36-4-6-11, addresses voting requirements.

The Mayor shall ask for votes of the Common Council, of any question before the same, if a vote is necessary, and his or her question shall be in this form: "As many as are of the opinion that the motion should prevail say, "Aye", and after the affirmative voice is expressed "As many as are of the contrary say, "No". (Municipal Code of Attica, Indiana, 1967, § 2-16)

Sec. 3-20    Robert's Rules of Order.¹⁴

¹⁴During the 1999 codification, the City of Attica deleted Sec. 2-17 through Sec. 2-24 of the former Municipal Code of Attica, Indiana.

All questions regarding parliamentary procedure not addressed by this Chapter shall be governed by the most recent version of Robert's Rules of Order. (Ord. No. 8-1999, 5-10-99)

Sec. 3-20    Compensation of the Common Council.¹⁵

¹⁵Indiana Code § 36-4-7-2, addresses the fixing annual compensation.

The Common Council shall, by ordinance, fix the compensation of its members.

Sec. 3-21    Through Sec. 3-34 Reserved for Future Use.

DIVISION II. MOTIONS.

Sec. 3-35    Motions May Be Demanded to be Put in Writing.

a.   Every motion made by the Council and entertained by the Chair, shall be reduced to writing on the demand of the Chair or any member.

b.   Such motions shall be entered in the minutes with the name of the member making it, unless withdrawn at the same meeting. (Municipal Code of Attica, Indiana, 1967, § 2-25)

Sec. 3-36    Procedure to Make Motions.

a.   When a motion has been made, the Chair shall state it, or (if in writing) cause it to be read by the Clerk before being debated.

b.   Such a motion shall then be in the possession of the Council, but may be withdrawn at any time before a decision or amendment. (Municipal Code of Attica, Indiana, 1967, § 2-26)

Sec. 3-37    Propriety and Sequence of Motions.

a.   When a question is under debate, no motion shall be received, except to adjourn, to lay on the Table for the previous question. In such instance, motions shall be decided without debate.

b.   Motions to postpone to a day certain, to refer or to amend, or to postpone indefinitely shall have precedence in the order which they are addressed herein. (Municipal Code of Attica, Indiana, 1967, § 2-27)

Sec. 3-38    Motion to Adjourn.

The motion to adjourn, and the motion to fix a time to which the Council shall adjourn, shall always be in order, the latter motions taking precedence over the former. (Municipal Code of Attica, Indiana, 1967, § 2-28)

Sec. 3-41    Motion to Postpone.

The motion to postpone to a certain day can be amended by altering the time. (Municipal Code of Attica, Indiana, 1967, § 2-31)

Sec. 3-39    Motion to Put on the Table.

The motion to lay an amendment on the table shall not affect the subject which with it proposes to amend. (Municipal Code of Attica, Indiana, 1967, § 2-29)

Sec. 3-40    Form of Previous Question.

a.   The previous question shall be put in this form: "Shall the main question be now put?" It shall be admitted when demanded by a majority of the members present.

b.   The effect of such action shall be to put an end to all debate and bring the council to a direct vote upon the motion to commit.

c.   If such motion has been made, and if this motion does not prevail, action shall then take place upon the pending amendment, and then upon the main question. (Municipal Code of Attica. Indiana, 1967, § 2-30)

Sec. 3-42    Motion to Commit.

The motion to commit may be amended by altering the committee or by giving instructions. (Municipal Code of Attica, Indiana, 1967, § 2-32)

Sec. 3-43    Motion to Amend.

A motion to amend and a motion to amend that amendment shall be in order. It shall also be in order to offer a further amendment by way of a substitute, to which one (1) amendment may be offered; but either may be withdrawn before amendment or decision is had thereon. (Municipal Code of Attica, Indiana, 1967, § 2-33)

Sec. 3-44    Motion to Postpone Indefinitely.

No motion or proposition postponed indefinitely shall be taken upon again at the same or the succeeding meeting. (Municipal Code of Attica, Indiana, 1967, § 2-34)

Sec. 3-45    Division of Questions.

A question shall be divided on the demand of any member, if it includes two (2) or more distinct propositions. (Municipal Code of Attica, Indiana, 1967, § 2-35)

Sec. 3-46    Motion to Strike Out and Insert.

A motion to strike out and insert shall be indivisible. However, if a motion to strike out is lost, it shall neither preclude amendment nor a motion to strike out and insert. No motion or proposition on a subject different from that under consideration shall be under color of amendment. (Municipal Code of Attica, Indiana, 1967, § 2-36)

Sec. 3-47    Reconsideration of Motions.

a.   When a motion has been made and carried or lost, it shall be in order for any member of the majority at the same time or the succeeding meeting, to move for the reconsideration thereof

b.   Such motion shall take precedence of all other motions except a motion to adjourn.

c.   Debate thereon shall be in order where the main question is debatable, but not otherwise.
(Municipal Code of Attica, Indiana, 1967, § 2-37)

Sec. 3-48    Effect of a Motion to Reconsider.

Where the motion to reconsider has been passed, in the affirmative, the question immediately recurs upon the question reconsidered. (Municipal Code of Attica, Indiana, 1967, § 2-38)

Sec. 3-49    Reconsideration of Vote Motion.

A motion to reconsider a vote may be tabled, but a motion to reconsider a vote laying a motion to reconsider on the table, shall not be in order. (Municipal Code of Attica, Indiana, 1967, § 2-39)

Sec. 3-50    Procedure to Fill Blanks.

In filling blanks, the largest sum and longest time proposed shall be first put to the question. (Municipal Code of Attica, Indiana, 1967, § 2-40)

Sec. 3-51    Receiving Resolutions and Reports.

When a resolution is offered, or when a report or other matter is presented, the presiding officer may take the reception thereof for granted, unless objection is made, when a formal motion shall be required. (Municipal Code of Attica, Indiana, 1967, § 2-41)

Sec. 3-52    Non-Debatable Questions.

a.   Appeals, questions of order, objections to the consideration of a question and suspension of the rules are questions which shall take precedent of, and be decided before the questions giving rise to them. Such questions cannot be amended.

b.   All questions of order which may arise pending a question which is not debatable must be decided upon without debate. (Municipal Code of Attica, Indiana, 1967, § 2-42)

Sec. 3-53    Through Sec. 3-59 Reserved for Future Use.

DIVISION III. PROCEDURES GOVERNING ORDINANCES.¹⁶

¹⁶Indiana Code, § 36-4-6-11, Indiana Code, § 36-4-6-11, and Indiana Code, § 36-4-6-13, addresses majority and two-third votes of the Council.

Sec. 3-60    Numbering of Ordinances.

Ordinances shall be numbered in the order as they are passed but dispatched in order as they are introduced unless where the Council shall direct otherwise. (Municipal Code of Attica, Indiana, 1967, § 2-43)

Sec. 3-61    Reading of Ordinances-Suspension of Rules.

a.   Every ordinance shall be read three (3) times before its passage. (Municipal Code of Attica, Indiana, 1967, § 2-44)

b.   No ordinance shall be read the third time at the same meeting it is introduced, unless there is a unanimous vote of the members elect by a "yea" vote to suspend the rules.

c.   Any ordinance read pursuant to ¶b for a third time must receive a two-thirds (2/3) vote of the members elect to be passed. (Ord. No. 8, 1999, 5-10-99)

Sec. 3-62    Introduction and First Reading of Ordinances.

When an ordinance is introduced it shall be read in full, when the Chair shall state that "This is the first reading of the ordinance; if there be no objection it will go on to the second reading". If no objection be made or a motion to reject be negative, the ordinance shall go to its second reading without question. (Municipal Code of Attica, Indiana, 1967, § 2-45)

Sec. 3-63    Second Reading of Ordinances.

The second reading of an ordinance shall be read by title, when the Chair shall state "This is the second reading of the ordinance; it is ready for commitment, amendment or engrossment". If not committed, the ordinance shall go to its third reading, either with engrossment or without, as the Council may order. (Municipal Code of Attica, Indiana, 1967, § 2-46)

Sec. 3-64    Third Reading of Ordinances.

The third reading of an ordinance shall be read in full, when the Chair shall state "This is the third reading of the ordinance, the question is, shall the ordinance pass?" (Municipal Code of Attica, Indiana, 1967, § 2-47)

Sec. 3-65    Endorsement of Proposed Ordinances, Resolutions or Motions.

a.   Every ordinance, resolution or written motion brought before the Council shall be signed by a member of the Common Council.

b.   Such ordinance, resolution or written motion entertained by the Chair shall be entered in the minutes with the name of the endorser unless withdrawn at the same meeting it is submitted. (Municipal Code of Attica, Indiana, 1967, § 2-48)

Sec. 3-66    Passage and Approval of Ordinances-Action to Veto.¹⁷

¹⁷Indiana Code, § 36-4-6-16, addresses the power of a city executive to approve or veto measures.

a.   Every ordinance of the Common Council shall immediately upon its passage, enrollment, attestation and signature by the Clerk-Treasurer be presented by the Clerk-Treasurer to the Mayor.

b.   A record of the time of such presentation shall be made by the Clerk-Treasurer.¹⁸

¹⁸Indiana Code, § 36-4-6-15, addresses the presentation or ordinances, order or resolutions to the city executive.

c.   If the Mayor approves such ordinance, he or she shall enter his or her approval thereon, sign the same and file the ordinance so signed in the Office of the Clerk-Treasurer.

d.   If the Mayor does not approve the ordinance, he or she shall return it to the Clerk- Treasurer with his or her objections in writing within ten (10) days after receiving it.

e.   The Clerk-Treasurer shall present the same to the Common Council at its next regular meeting.

f.   If the Mayor shall fail to discharge his or her duty by approving or disapproving such ordinance within said time, such failure shall be deemed a disapproval. In all cases of disapproval by the Mayor, such ordinance shall not become a law, unless at the next regular meeting, after the time named for the Mayor's action, the Council shall again pass the same by a two-thirds (2/3) vote of all members elect.

g.   All ordinances shall within a reasonable time after their approval by the Mayor, or their passage over his or her veto, be recorded in a book kept for that purpose by the Clerk-Treasurer. (Municipal Code of Attica, Indiana, 1967, § 2-49)

Sec. 3-67    Procedure to Rescind Standing Rules.

a.   No proposition to rescind or change any standing rule or order of the Council shall be passed at the same meeting it is submitted nor shall any proposition having the force and effect of a by-law or a standing rule or order relating to the government of the Council or the duties of any of the City officers be passed, except in the form of an ordinance, and according to the forms prescribed for the passage of an ordinance. Minutes with the name of the endorser unless withdrawn at the same meeting it is submitted. (Municipal Code of Attica, Indiana, 1967, § 2-50)

Sec. 3-68    Governing Rules of the Council.

The rules and practices of Roberts' Rules of Order shall govern the Council in all cases to which they are applicable and not inconsistent with the standing rules and orders of the Council. (Municipal Code of Attica, Indiana, 1967, § 2-51)

Sec. 3-69    Form of Ordinance to Amend the Attica City Code.

All ordinances which are of a general and permanent nature, and which would amend the Attica City Code, shall be in the following form:

Ord. No. _______ 199_ or 200_

(Include the number in the order it is passed followed by the calendar year: Example:1-1998)

(Short Title)
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ATTICA, INDIANA,
AMENDING CHAPTER __________, ARTICLE __________
SECTION(S) _________, OF THE ATTICA CITY CODE
BY THE INCLUSION/DELETION OF SECTION(S),
ENTITLED __________________________.

Whereas, (background statements setting forth the purpose of the Ordinance where appropriate)

Be it ordained by the Common Council of the City of Attica, Indiana, as follows:

Section I. Chapter _____ Article ____ Section(s) _____ of the Attica City Code, is/are hereby amended to read as follows

(set forth specific amendatory language)

Section II. All prior Ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed.

Section III. This Ordinance was passed and adopted by the Common Council this ___ day of _________ , 199__ or 200__.

 

	Attest: __________________________________ Clerk-Treasurer		__________________________________ Sponsoring Council Member   __________________________________ Presiding Officer
Presented by me to the Mayor of the City of Attica, Indiana, on the _____ day of __________, 19__/200__, at the hour of ______.m.
			__________________________________
			Clerk-Treasurer
	Approved and signed by me this _____ day of _________, 199__/200__, at o'clock _____.m.
	Attest: __________________________________ Clerk-Treasurer		__________________________________ Mayor

Sec. 3-70 through Sec. 3-89 Reserved for Future Use.

DIVISION IV. MISCELLANEOUS POWERS OF THE COMMON COUNCIL.

Sec. 3-90    Annexation Requirements: Resolution Addressing a Fiscal Plan and Annexation Ordinance of the Council.

a.   Pursuant to Indiana Code, §36-4-3-13, the Common Council must adopt a resolutions addressing a written fiscal plan and a definite policy addressing the cost estimates of planned services to be furnished to any territory desired to be annexed.

b.   The Common Council may, by ordinance, which defines the corporate boundaries of the city, annex territory which is contiguous to the municipality subject to the conditions of Indiana Code, §36-4-3-1, et seq.

Sec. 3-91    Appropriations.¹⁹

¹⁹The authority of the Common Council to act on appropriation ordinances is addressed in Indiana Code, § 36-4-7-8 and Indiana Code, § 36-4-7-9.

a.   An appropriation ordinance must specify, by items, the amount of each appropriation and the department for which it is made. The Common Council may by ordinance decrease an appropriation ordinance.

b.   The Council may, on the recommendation of the Mayor, make further or additional appropriations by ordinance, unless the result would be to increase the tax levy set under Indiana Code, § 6-1-1.1 7 .

Sec. 3-92    Budgets of the City.

a.   The fiscal officer shall present the report of budget estimates to the Common Council under Indiana Code, §6-1.1-17.

b.   Pursuant to Indiana Code, §36-4-7-6, the City shall formulate a budget estimate for the ensuing budget year. Such estimates must be formulated prior to the publication of the notice of budget estimates required pursuant to Indiana Code, §6-1.1-17-3.

Sec. 3-93    Claim Procedures.²⁰

²⁰Indiana Code, § 36-4-8-14, addresses the pre-approval of claims for payment.

a.   The Common Council may pass an ordinance permitting money to be disbursed for lawful city purposes authorized pursuant to applicable state law.

b.   the Council shall require the appropriate form to be completed which is on file in the Office of the Clerk-Treasurer and available for public inspection during regular business hours.

Sec. 3-94    Compensation to be Set by Council for Officers and Employees.²¹

²¹Indiana Code, § 36-1-4-15, addresses compensation.

The City may fix the level of compensation of its officers and employees upon the passage of a proper ordinance.

Sec. 3-95    Home Rule Authority.²²

²²Indiana Code, § 36-1-3-1, et seq., addresses home rule.

The Common Council may exercise all the powers that it believes it needs for the effective operation of government as to local affairs.

Sec. 3-96    Interlocal Agreements.²³

²³Indiana Code, § 36-1-7-I, et seq., addresses interlocal cooperation.

The Common Council may, by ordinance or resolution, approve a written agreement between itself and other governmental entities which may address purchasing, selling, or exchanging of services, supplies, or equipment between or among themselves.

Sec. 3-97    Ordinance Required of the Council to Vacate Public Property.²⁴

²⁴Indiana Code, § 36-7-3-12, et seq., addresses the vacation of public property.

a.   The Common Council may, by proper ordinance, vacate public property which it finds would not hinder the growth of the neighborhood or inhibit access by the public.

b.   Vacation proceedings do not deprive a public utility of the use of all or part of a public way or public place to be vacated if the utility is occupying and using all or part of that public way or place at the time that the vacation proceedings are instituted.²⁵

²⁵Indiana Code, § 36-7-3-16, address the public utility's us of public ways and places and vacation proceedings.

Sec. 3-98    Tax Abatement Considerations.²⁶

²⁶Indiana Code, § 6-1.1-12.1-1 el seq., addresses deductions for rehabilitation or redevelopment of real property in economic revitalization areas.

The Common Council may exercise its authority to address economic revitalization areas and new manufacturing equipment pursuant to applicable law.

Sec. 3-99    Through Sec. 3-119 Reserved for Future Use.

ARTICLE 2. THE JUDICIAL BRANCH.²⁷

²⁷Indiana Code, § 33-10.5-1-3, addresses City Courts.

Sec. 3-120    City Court Established.²⁸

²⁸Indiana Code, § 33-10.1-1-3, authorizes the establishment of a City Court during 1986 and every fourth year thereafter. Ord. No. 913-78 passed on September 11, 1978 and located in Book 25, page 51, continued the City Court.

a.   There is created and established a City Court and the office of the City Judge for the City of Attica.

b.   The City Judge shall be an elected official, all as directed and governed by the laws of this state.

c.   The City Judge shall hold court and conduct business in the City of Attica, Indiana, all in accordance with the laws of this state. (Ord. No. 765, § 1, 4-22-63; Book 22, pg. 56; Municipal Code of Attica, Indiana, 1967, § 2-52)

Sec. 3-121    Salary of the City Judge.²⁹

²⁹Indiana Code, § 33-10.1-4-2, addresses the compensation of judges.

The salary of the City Judge shall be determined by the Common Council in a like manner as other elected officials. (Municipal Code of Attica, Indiana, 1967, § 2-53)³⁰

³⁰Editor's Note: The City Judge's salary originally established by Ord. No. 765 on April 22, 1963, was $ 500.00 per annum.

Sec. 3-122    Records and Supplies for the Office of the City Court.

The records and supplies for the Office of the City Court shall be purchased out of and from the general fund of the city. (Municipal Code of Attica, Indiana, 1967, § 2-54)

Sec. 3-123    Jurisdiction and Powers of the City Court.³¹

³¹Indiana Code § 33-10.1-2-2, addresses jurisdiction over crimes, infractions and ordinance violations.

The Attica City Court shall have all powers provided by applicable state law.³²

³²Editor's Note: The Attica City Court utilizes several forms some of which include: "Summons", "Summons the City of Attica to the Above Named Defendant", and "Notice of Determination Hearing". All of such forms are available for public inspection in the office of the Clerk during regular business hours.

Sec. 3-124    Probationer's Users Fee and Fund.

a.   There is established a Probationer's Users Fee Fund. (Ord. No. 3, 1986, § 1, 5-12-86; Bk. 26, pg. 174)

b.   An initial Probationer's User Fee of twenty dollars ($20.00) shall be collected and a monthly Probation User's Fee of ten dollars ($10.00) shall be collected. (Ord. No. 3, 1986, § 2, 5-12-86; Bk. 26, pg. 174)

Sec. 3-125    Alcohol and Drug Treatment Fee.

a.   The Court cost of five dollars ($5.00) shall be added for the purpose of alcohol arpl -hug treatment for certain individuals designated by the Judge of the City Court.

b.   The Court cost of five dollars ($5.00) on all cases shall remain in force as long as the program is in effect. (Approved at the July 27, 1981 Common Council meeting upon a motion made by Council Member Frodge and seconded by Council Member Morgan; Bk. 25, pg. 191)

Sec. 3-126    Breakage or Damage Costs Paid by Jail Resident.

a.   Examination of the jail will be effected before and after habitation by any offender.

b.   In the event any breakage or damage has been caused by the resident, the cost of the breakage or damage shall be forwarded to the Court so that payment can be made to the city for the damage of city property. (Executive Order # 1, 1995, 12-18-95)

Sec. 3-127 through Sec. 3-139 Reserved for Future Use.