Richmond Palladium (Daily), Volume 46, Number 108, 16 March 1921 — Page 8

THE RICHMOND PALLADIUM AND SUN-TELEGRAM, RICHMOND, IND.. WEDNESDAY, MAR. 16, 1921. dv: I " .z.v-. Full Text of Home Rule Law for Indiana Cities Enacted by 1921 General Assembly

P.AE EIGHT

- HOUSE BILL NO. 164. A bill for an act to provide alternative forms of government for cities adopting the same. Section 1. Be it enacted by the general assembly of the state of Indiana, that this act shall apply to and become operative in any city -which, la accordance with the procedure hereinafter described, adopts one of

the 1 plans . of government provided herein. .The words "any city" and "''every city" when used in this act shall be construde to mean any city and every city adopting either of the plans of government provided for fcareln and In which the section containing such words becomes operative. Section 2. At any time, not less than thirty (30) days after the pass'age 'Of thisact, a petition addressed to, the legislative body of any city may be filed with the city clerk' asking that the question of the adoption of either of the plans of government provided for herein be submitted to the electors of the city. The signatures to any such petition need not all : be appended to one paper, but to each such petition paper there shall be attached an affidavit of the circulator thereof stating that each signature thereto was made in his presence and is the genuine signature of the person whose name it purports to be. The signatures to all such petition papers shall be made in ink or indelible pencil and, after his name, each signer shall state his residence by street and number, or other descriptions sufficient to identify the place, and the date when the signature was made. All such petition papers shall be in substantially the following form: To the council (or other legislative body) of the city of We the undersigned voters of the city of . , respectfully petition that the following question' be submitted to the voters of the city: "Shall the city of . -. ; ; ..... .adopt the (name of plan) plan of government as provided In the laws of chapter Name Address Date State of Indiana, County, ss: f being duly sworn, deposes and 6ays that he is the circulator of this petition paper and that the signatures appended thereto were made in hi3 presence and are the genuine signatures of the persons whose names they purport to be. Signed Subscribed and sworn to before me this day of 19... . Notary Public. Section 3. All petition papers requesting anv such election shall be assembled and filed with the city clerk as one instrument, and the petition shall be deemed sufficient if signed by electors of the city equal in number to at least twenty per cent (20) of those who voted at the last preceding general municipal election. Within five (5) days after any such petition is filed the clerk shall complete an examination thereof to determine whether it is signed by a sufficient number of qualified electors and he shall certify the result of his examination to the legislative authority of the city at its first regular meeting held after the completion of such ex amination.

V Section 4; Whenever the city cierK i counci mayor, city judge, executive shall certify to the legislative author- departments, officers, boards and com"ity of any City that a sufficient peti-j missions heretofore existing in such tion has been filed requesting that the j c;ties are hereby abolished. The com-

question of adopting one ot tne pians of government provided in this act be submitted to the electors of the city, such legislative authority shall order a special election for that purpose to be held not less than thirty (30) days, or more than sixty (60) days after the next succeeding 1st day of May. The board of election commissioners for any such election shall consist of the citv clerk and two (2) resident freeholders of the city, one of them known to be in favor of the adoption of the proposed , plan and one known to be opposed to its adoption, both to be appointed by" the chairman or president of the legislative body of the city at the. time Qf calling the special election. The election commissioners shall prepare and distribute the ballotsand shall appoint, when possible, on the election board of each precinct one judge and one Clerk in favor ot and one judge and one clerk opposed to the adoption of the plan. The commissioners shall also appoint an inspector and sheriff for each precinct. If such special election is ordered to be held in a year when such city would hold Its nominating primary election for city officials, as now fixed bv law, then such city primary election shall not be held until after the date fixed for the special election, and in the. event that said city shall adopt one of the plans ot government herein outlined, then no primary election as heretofore provided by law. shall be held in such city. In the event said city at such special election fails to adopt the proposed plan of government as voted on, then within five days of said election the legislative body of such city shall meet on call of the mayor and fix a date for holding a city primary election, which shall be con'dact&il in all things, as by law now provided, and "the .date of such priniiry election shall be. so fixed that all provisions of law governing city primaries may be observed. Section 5. The ballots used In vot-

on the adoptiottot either of theipende(j t one paper, but to each sep

plans of government provmeu m act shall have printed thereon the question : "Shall the city of ........ . adopt the (name of plan) plan of government as provided in the laws of . . . 7;.. chapter..,. V Immediately below the question shall appear the words "Yes" and "No," one above the other and In the order named. At the left of each of these words shall be a square in which by making a (x) mark -the voter can indicate his choice for or against the proposed plan of government. Such ballots shall be in form substantially as fol: lows: - r . v'"". ,- '.. -.. . : -1 3 J fVtta

Shall the city of adopt the (name of plan) plan of government as provided in the laws of chapter

YES NO

Section 6. If when submitted to the electors of any city the adoption of either of the plans of government provided in this act is approved by a majority of those voting thereon,, the plan of government so approved shall become effective in such city as hereinafter provided. At ten o'clock in the forenoon of the day succeeding suchi election the board of election commissioners shall meet in the office of the city clerk and canvass the returns thereof. Section 7. In all elections held under this act, whether for the choice of candidates or the submission of questions to the electors, and in all matters and proceedings relating thereto, except as herein otherwise provided, all provisions, including penalties, of the general election laws of the state shall apply as far as applicable. All expenses of any election held in any city under the provision of sections 2 to 7, inclusive, of this act shall be paid by such city. The city clerk shall file with the' city treasurer an itemized statement of the expenses of such election setting forth the names of the persons to whom the same are payable, and such expenses shall be paid out of the general fund of the city without any specific appropriation being made therefor. Section 8. The election commissioners provided for in this act shall certify to the legislative authority of the city the results of the election on the question of adopting either of the plans of government provided for herein, and a duplicate certificate shall be filed in the office of the city clerk. Upon the filing of a certificate .in the office of the city clerk that the result of the election is favorable to the adoption of either of such plans it shall be the duty of the clerk at once to make publication of the fact in a newspaper of general circulation in the city. A plan of government adopted under this act shall take effect upon publication in so far as it applies to the nomination and election of officers provided for herein, and in all other respects it shall take effect the first Monday in January next succeeding the first election of officers held hereunder. Each officer of the city at the time of first election under any plan provided for in this act shall continue in office and in the performance of his duties until his successor under the plan adopted shall have been chosen and qualified or provision shall have been made by the city com-j mission tor tne pertormance ot nis duties. Section 9. In cities adopting either of the plans of government provided by this act there shall be a commission elected from the city at large. Except as otherwise provided herein, all of the legislative, executive and judicial powers of the city shall be vested in the commission so elected and shall be exercised by themselves or through their duly appointed subordinates in the manner hereinafter provided. All the rights, powers and duties conferred by law on the common council, mayor, city judge, any executive department, officer, board or commission in cities of this state, are continued in full force and are, in cities adopting the provisions of this act, hereby transferred to the commission hereinbefore created, and shall be held and exercised thereby as hereinafter provided. The common mission shall also nave an lurtner powers relating to strictly municipal affairs not inconsistent with the constitution and general laws of the state. Section 10. At the first election of commissioners held in any city after the- adoption of a plan of government provided by this act, the entire commission shall be chosen. Immediately after assuming office the commissioners first elected shall be divided by lot into two groups as nearly equal in number as may be. The terms of the larger group shall expire at the end of two (2) years and the terms of the smaller group at the end of four (4) years. Thereafter members of the commission shall be elected to serve for a term of four (4) years and until their successors have been elected and have qualified, unless chosen to fill out an unexpired term. Any qualified elector of the city shall be eligible to the office of commissioner. Section 11. In cities adopting the provisions of this act. a municipal elec- ! tion for the choice of the members of the commission shall be held on the first Tuesday after the first Monday in November of each odd numbered year. At such election, the candidates equal in number to the places to be filled who received the highest votes cast shall be declared elected. Hereafter in this act this election is referred to as the November election and shall be deemed a regular municipal election. A tie between two or more candidates shall be decided by lot in the presence of such candidates and under the direction of the board of city election commissioners. Section 12. A person eligible to the commission may be placed in nomination by a petition in his behalf filed with the city clerk and signed by electors equal in number to at least one percent (1) of those who voted at the last preceding regular municipal election. The signatures to a nomi nating petition need not all oe ap arate pamper there shall be attached an affidavit of the circulator thereof stating that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. Each signer of a petition shall sign his name In ink or indelible pencil, and shall place after his name the date when his signature was made and his place of residence by street and number. No elector shall sign petitions for more candidates than the number of places to be tilled at the forthcoming election. Section 13. The form of nominat-

ing petition papers shall be substantially as follows: We the undersigned, hereby present .whose residence Is Indiana, for office of commissioner, to be voted for at the election to be held on the day of October, . . . .- , and we individually certify that we are qualified to vote for candidates for the above office, and that we have not signed more nominating petitions than there are places to be filled at the said election. Names Street and No. Date

State of Indiana County," ss : being duly sworn, deposes and says that he is the circulator of this petition pape,r and that the signatures appended thereto were made in his presence and are the genuine signatures of the persons whose names they purport to be. Signed. . . : Subscribed and sworn to before me tni3 day of 19... Notary public. Section 14. All separate papers comprising a nominating petition shall be assembled and filed with the city clerk as one Instrument at least thirty days prior to the date of holding the election with respect to which such petition is filed. Within five days after the filing of a nominating petiton the clerk shall notify the person named therein as a candidate whether such petition is found to be signed by the required number of qualified electors. Any person eligible to the commission who is placed in nomination as hereinbefore provided shall have his name printed on the ballots if, within five days after such notification by the city clerk, he shall have filed therewith an acceptance of the nomination. Section 15. Not less than two days nor more than two (2) weeks before the October election the city clerk shall certify to the board of city elec tion commissioners a list of the candidates, nominated in the manner hereinbefore provided, whose names are entitled to be printed on the ballots. The clerk shall also file in his office a copy of such certified list and forthwith cause to be published for two (2) successive days in a daily newspaper published in the city, or if there be none such, then in one weekly newspaper of general circulation therein, notice of such election containing the certified list of candidates, the offices to be filled and the time and places of holding the election. Section 16. The city board of election commissioners shall cause ballots to be printed for the election commissioners which shall be without party mark or designation. Each elector may vote for as many candidates as there are places to be filled; but any ballot marked for more candi dates than there are places to" be filled shall not be counted for any of such candidates. Except that the names of candidates shall appear in the spaces indicated therefor, and that the spaces left for the date of the election and the number of candidates to be voted for shall be filled with such date and. number respectively, and the ballot i shall be in form substantially as fol lows : Municipal Election. (Month and day of month) 19. For Commissioners Do not vote for more than .1. Sections 17. The names of candidates shall be printed on the ballots in rotation as follows: The ballots shall be printed In as many series as there are candidates for the commission. The whole number of ballots to be printed shall be divided by the number of candidates and the quotient so obtained shall be the number of ballots to be printed in each series. In printing the first series of ballots the names of candidates shall be arranged in the alphabetical order of their surnames. After printing the first series the first name in the list shall be placed last and the next series printed, and this process shall be repeated until each name shall have been printed first in one series. The ballots so printed shall then be combined in tablets to be supplied to the various polling places. Each tablet shall contain substantially the same number of ballots from each series and, so far as practicable, the ballots shall be combined in such a manner that two or more from the same series shall not be together in a tablet. Section 18. The ballots used in every election for choosing commissioners shall have as many blank spaces below the names of candidates printed thereon as there are places to be filled at such election. In any such space an elector may write the name of any person eligible to the commission for whom he may desire to vote: and votes cast for such persons shall be counted as though for a candidate whose name is printed on the ballot. Section 19. If a vacancy occurs in the commission, some eligible person shall be chosen to fill the place by a majority vote of the remaining members. Any person chosen by the commission to fill a vacancy therein shall continue in office only until November municipal election next following the occurrence of such vacancy, at which time some person shall be elected to fill out the unexpired term of the office in which the vacancy occurred. A place in the commission held, or which might be held, by a person chosen by the commission shall be regarded as a place to be filled at such election. When, at any such election, a person is to be chosen to fill out an unex pired term, the candidate among those , elected wn0 receives the smallest number of votes, shall be deemed to have been chosen for such unexpired term and shall assume office within two days after the result of the election is determined. If more than one of the places to be filled at an election is for an unexpired term, and such terms differ in length, then the elected candidate receiving the lowest vote shall serve for the shortest unexpired term, the elected candidate with the next lowest vote shall serve for the term next in length, and so on.

If, in any such case, two or more candidates have the same number of votes a decision between them shall be made by lot in the presence of such candidates and under the direction of the city election commissioners. Section 20. At 2 o'clock p. ra. on the first Monday in January, next following a regular municipal election the commission shall meet at the regular place for holding such meetings, and the newly elected commissioners shall assume the duties of their office. Thereafter the commission shall meet at such time and place as may be prescribed by ordinance, but not less frequently than once each week. All meetings of the commission and

of committees thereof shall be open to the public, and the commission '

shall provide by its rules that citi- 8na" begin on the first day of Januzens shall have an opportunity to be'ary- Not later than one month before heard at any such meeting in regard tne end of each fiscal year there shall to any matter considered, or to be con- J 08 Prepared and submitted to the comsidered, thereat. mission a budget estimate of the exSection 21. The commission shall ' penditures and revenues of the city be judge of the election and quail-1 departments, division and offices for fications of its members, subject to re- j tne ensuing year. This est'mate view by the courts iu case of conflict; I shall be compiled from detailed inforshall determine the rules of its pro-!mation obtained lrom the several decedure: shall keep a journal of its pro-: partments, divisions and offices on ceedings; may punish its members for uniform blanks, furnished by the didisorderly behavior, and compel the rector of finance, but which shall have attendance of absent members. A DeeQ approved by the state board of majority of the members of the com- accounts. The classification of the mission shall constitute a quorum to . estimate shall be as nearly uniform as do business but a smaller number possible for the main functional dimay adjourn from time to time. visions of such departments, divis-

Section 22. The commission shall elect one of its members as chairman who shall have the title of mayor. The mayor, in addition to his duties as a member of the commission, shall ! preside at meetings of the commission, perform the other duties required of him by this act, and such duties, not inconsistent with his office, as may be imposed by the commission. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process and by the governor for military purposes. In case of his absence, disability or removal, the commission shall select another of its members who shall have all the powers and perform all the duties of mayor. Section 23. The commission shall choose a city clerk who shall also be clerk of the commission and shall continue in office during the pleasure thereof. The city clerk shall perform the duties imposed upon him by this act and such other duties, not inconsistent therewith, as may be imposed by the commission; and, except as otherwise provided in this act, he shall have the powers and perform the duties now or hereafter provided for the city clerk under the general laws of the state relating to municipal corporations, yf Section 24. The commission shall act only by ordinance or resolution, which shall be introduced in writing; and all ordinances and resolutions, except ordinances making appropriations shall be confined to one subject which shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read on three separate days. The final reading shall be in full unless the measure shall have been printed and a copy thereof furnished to each mem ber prior to such reading. The ayes and noes shall be taken on the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the commission, and every ordinance and resolution shall require on final passage the affirmative vote of a majority of all the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial interests are involved. Section 25. Upon final passage every ordinance shall be signed by the mayor, countersigned by the clerk and recorded in a book kept by the clerk for that purpose. Provision shall be made for the printing and publication in full of every ordinance within ten davs after its final passage. No tax shall be levied: appropriation made; bond issue authorized; franchise or right in any street alley or place extended; any i granted, renewed or sale, grant, or abandonment or any real estate or any easement or right therein authorized; or any rule of general application prescribed, except by ordinance. Section 26. No ordinance shall go Into effect until thirty (30) days after its passage unless it be declared an emergency measure on the ground of urgent public need for the preservation of peace, health, safety, or property, the facts showing such urgency and the need being specifically stated in the ordinance itself and the ordi- ; nance being passed by a vote of not I less than five-sixths of the members of ' the commission. Section 27. The director of finance shall have direct supervision over the, department of finance and the administration of the financial affairs of thei city, including the keeping of ac-j founts and financial records, the levy! and assessment of taxes and other I revenues, the custody and disburse-' ment of city funds and moneys, the control over expenditures, and such other duties as the commission may by ordinance provide. Except as otherwise provided in this act, he shall sr

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have all the powers and perform all the duties now or hereafter vested in a city controller and in a city clerk acting as controller, under the general laws of the state relating to municipal corporations. Section 28. The director of finance shall install such a system of accounting as shall conform to the requirements of the state board of accounts. He shall prepare for submission to the commission at its first meeting in each month, a summary statement of revenues and expenses for the preceding month, detailed as to appropriations and funds, in such manner as to show the exact financial condition of the city'and of each department, division and office thereof at the date of such report. Section 29 The fiscal year of cities

accepting the provisions of this act ions, and offices, and shall give in parallel columns the following information: (a) A detailed estimate of the expense of conducting each department, division and office. (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, including adjustments due to transfers between appropriations, plus an estimate of expenditures necessary to complete the current fiscal year. (d) The value of supplies and material on hand at the date of the preparation of the estimate. '(e) Increases or decreases of requests compared with corresponding appropriations for the current year, with reasons for such increases or decreases. (f) A statement from the director of finance of the total probable income of the city from taxes for the period covered by the estimate. (g) An itemization of anticipated revenues from other sources. (h) The total amount of the outstanding city debt with a schedule of maturities of bond issues. (i) The amounts required for interest on the city debt, for sinking funds, and for maturing serial bonds. (j) Such other information as may be required by the commission. The commission shall provide for printing a reasonable number of copies of the estimate thus prepared for distribution to citizens who call for them. Copies shall also be furnished to the newspapers of the city and to each library of the city which is open to the public. Section 30. Upon receipt of the If Ruptured Try This Free Apply It to Any Rupture, Old or Recent, Large or Small, and You Are on the Road That Has Convinced Thousands. SENT FREE TO PROVE THIS Anyone ruptured, man or woman of child, should write at once to W. S. Rice, 762 Main street, Adams, N. Y., for a free trial of his wonderful stimulating application. Just put it on the rupture and the muscles begin to tighten; they begin to bind together so that the opening closes naturally and the need of a support or truss or appliance is then done away with. Don't neglect to send for this free trial. Even if your rupture doesn't bother you, what is the use of wearing supports all your life? Why suffer this nuisance? Why run the risk of gangrene and such dangers from a small and innocent little rupture, the kind that has thrown thousands on the operating table? A host of men and women are daily running such risks just because their ruptures do not hurt nor prevent them from getting around. Write at once for this free trial, as it is certainly a wonderful thing and has aided in the cure of ruptures that were as big as a man's two fists. Try and write at once, using the coupon below. FREE FOR RUPTURE W. S. Rice, Inc., 762 Main Street, Adams, N. Y. You may send me entirely free a Sample Treatment of your stimulating appdication for Rupture. Name Adress State 33x4 Tires. . .$20.90 34x4 Tires.. .$21.90 34x4 34x4 Tubes Tubes $3.50 $4.25 .$4.50 ' 72 35x4 io Tubes 36x4 Tubes

budget estimate the commission shall prepare an appropriation ordinance in such form as may be prescribed by ordinance or resolution, using the

budget estimate as a basis. Provision shall be made for public hearings upon the proposed appropriation ordinance before the commission sitting as a committee of the whole. Following the public hearings, and before the third reading and final passage, the appropriation ordinance shall be published in a paper of general circulation in the city with a parallel comparison with the budget estimates. The commission shall not pass the appropriation ordinance until ten days after its publication nor until one week after the beginning of the fiscal year to which it is to apply. Upon its passage the appropriation ordinance shall be published in the manner provided for other ordinances. Section 31. Any accruing revenue of the city, except revenue derived from the operation of any public utility, not appropriated as hereinbefore provided, and any balances at any time, remaining after the purposes of the appropriation shall have been satisfied or abandoned, may from time to time, be appropriated by the commission to such uses as will not conflict with any uses for which specifically such revenues accrued. Section 32. No money shall be drawn from the treasury of the city, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriations made by the commission; and whenever an appropriation is so made the clerk shall forthwith give notice to the director of finance. At the close of such fiscal year the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated pid shall be subject to future appropriation; but appropriations may be made in furtherance of improvements or other objects or work of the city which will not be com- ' pleted within the current year. section 46. Not later than one week after the passage of the appropriation ordinance the commission shall, by ordinance, levy such taxes as may be necessary to meet the appropriations made (less the estimated amount of revenue from other sources) and all sums required by law to be

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raised on account of the city debt fixing the tax rate the commission shall designate what' portions of the total are for city debt and for general purposes. The portion of the tax rate designated for city debt shall be adequate to provide sufficient revenue to meet the requirements of interest and principal thereof as reported In the budget estimate. Any taxpayer of the city may bring suit in the circuit or superior court of the county In which the city is located" to enforce the foregoing requirement and If, upon such suit, it be found that the portion of the tax rate for city debt Is Inadequate, the court shall order and fix an adequate rate as hereinbefore defined. If,

any year, the revenue from taxa- : tion shall h ina requirements of principal and interest of the citv rfpht rnr cm-h .. . . ' -.. J t VUU1 "UMiu bnau py revision or its anpropriations for general city purposes provide sufficient funds to meet any such deficiency; and any taxpayer may bring suit to compel the council to carry out this requirement. Section 34. The director of finance shall have the power to make arrangements with the county treasurer of the county in which such city may be located, for the performance of all the duties performed by a county treasurer acting as city treasurer under tke laws of this state. In all cities not county seats the director of finance shall appoint a treasurer, and in cities which are county seats the director of finance may appoint a treasurer, who shall be under the supervision of the director of finance, and whose duty it shall be to collect all street, sewer and other assessments due said . city, all license fees and all other money due said city, except general city taxes. The treasurer shall give bond, to be approved by the commission, In a sum equal to the largest amount of money he will have on hand at any one time in any year. The treasurer shall mr pay any moneys except upon warrants" duly executed by the director of finance. All general city taxes shall be collected by the county treasurer, as now provided by law, and the duties of the county auditor and county treasurer In relation to the collection of city taxes shall be the same as now (Continued on Page Nine)

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