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Home My WebLink AboutAmending Ch 2, Article 4, Section 2-13 of the South Bend Municipal Code listing City Executive DepartmentsORDINANCE No. 10477 -16 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: October 10, 20 16 Presented by me to the Mayor of the City of South Bend, Indiana October 11, 20 16 Approved and signed by me t t4itr It 20 i` City Clerk - esident of Common Council City Clerk Mayer ORDINANCE NO. I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 4, SECTION 2 -13 OF THE SOUTH BEND MUNICIPAL CODE LISTING CITY EXECUTIVE DEPARTMENTS TO ADD THE INNOVATION AND TECHNOLOGY DEPARTMENT, AND TO REORGANIZE THE PUBLIC PARKS DEPARTMENT UNDER A NEW, EXPANDED DEPARTMENT STATEMENT OF PURPOSE AND INTENT The nine current Executive Departments of the City of South Bend are listed in South Bend Municipal Code at Chapter 2, Article 4, Section 2 -13 (A), and their administrative functions are listed at Section 2 -13 (B) (7) (a) through (f) of that Chapter and Article. These are the same executive departments authorized by Ind. Code Sec. 36 -4 -9 -4 (c). Indiana law further provides that upon recommendation of the city executive, the city legislative body by ordinance may establish executive departments "necessary to efficiently perform the administrative functions required to fulfill the needs of the city's citizens." I.C. Sec. 36- 4- 9 -4(b). This grant of authority is further supported by Indiana's Home Rule Act (I.C. 36 -1- 3 et seq.) which specifically provides that "Any doubt as to the existence of the power of a unit shall be resolved in favor of its existence." I.C. 36- 1 -3 -3. This ordinance provides for two new City Departments, the first to be known as the Venues, Parks, and Arts Department, and the second as the Innovation and Technology Department. The Venues, Parks, and Arts Department is intended to streamline administrative tasks and improve delivery of services to South Bend's citizens for those City programs, services and activities falling within the category of "quality of place" by creating a single department reporting structure and support system. This departmental restructuring also reflects executive policy for a comprehensive approach to improving the quality of public spaces within South Bend. The programs, services and activities affected by this Department change include those of the Parks Department as presently existing and constituted, and other similar but technically separate ones such as the Morris Performing Arts Center/Palais Royale, the Century Center, the City's parking garages, its streetscapes and decor, its major or special events, and the marketing and development of the City as a place and destination for arts and entertainment. It is envisioned that reorganization into a single department will unify related City resources for the purpose of improving quality of South Bend's public places. The new Venues, Parks, and Arts Department replaces the "Public Parks Department" as now designated in the South Bend Municipal Code at Chapter 2, Article 4, Section 2 -13 (A) (6). However, the Park (or Public Parks) Department will continue to exist within the Venues Arts & Parks Department as its own separate entity and fully subject to all the rules, regulations and requirements imposed by State law, as well as the rights and privileges of Indiana law. (I.C. 36- 10-3-1 5 to 45). This change of title shall not affect the governing body of the South Bend Public Parks Department, that is, the South Bend Parks Board of Commissioners, which will continue to operate fully and completely under I.C. 36 -10 -3 et seq. This change of title will further have no effect upon existing governing bodies or State /local law applicable to other programs or activities now within the structure of the Venues, Parks, and Arts Department, including Century Center presently under authority of the Civic Center Board of Managers a/k/a Century Center Board of Managers (I.C. 36- 10 -10 -1 et seq. and South Bend Municipal Code Chapter 2, Article 5, Section 2 -52) ; parking garages under authority of either the Board of Public Works or the Redevelopment Commission, and City streetscape and decor, under authority of the Board of Public Works. Creation of a new Innovation and Technology Department is a reflection of the current role of and reliance upon digital information and communication, as well as South Bend's commitment to be a national leader in delivering public services and information to its citizens in the most effective, efficient, and innovative manner, and in constantly seeking to improve those services. Within the Innovation and Technology Department will be: 1) the Technology Division; 2) the Business Analytics Division; and 3) the 311 Customer Service Center. This ordinance effectuates the desired changes of name along with minor updating of departmental functions, and is in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 2, Article 4, Section 2 -13 (A) and (B) of the South Bend Municipal Code shall be amended to read as follows: Section 2.13. Departments established. (A) The following executive departments are established to perform administrative functions required to fulfill the needs of the City's citizens: Sec. 2 -13. - Departments established. (A) The following executive departments are established to perform administrative functions required to fulfill the needs of the City's citizens: (1) Administration and Finance Department; (2) Law Department; (3) Public Works Department; (4) Police Department; (5) Fire Department; (6) Publ e Parks Depai4ment-; Venues, Parks, and Arts Department (7) Community Investment Department; (8) Code Enforcement Department; (9) Building Department 10 Innovation and Technology Department (B) In addition to functions statutorily provided, the administrative functions of the departments of the City shall be as follows: (1) Administrative and Finance Department: (a) Administrative matters; (b) Fiscal matters; (c) Purchasing; (d) Personnel; (e) r , o 0 e; (f) City parking g „� parking lots; (g) Human Rights Commission. (2) Law Department: (a) Collection of overdue accounts receivable; (b) Self insurance. (3) Public Works Department: (a) Engineering; (b) Management of streets, including municipal services, parking, traffic control, and street lighting excepting streetscapes and decor designated for Venues, Parks, and Arts Department; (c) Sanitation; (d) Sewers; (e) Waste water treatment; (f) Waterworks; (g) Vehicle maintenance. (4) Police Department. (5) Fire Department. (6) Dublie Parks Department. Venues, Parks, and Arts Department (a) Parks: to include Zoos, Greenhouses, Playgrounds, Cemeteries, Recreation programs and centers. (b) Zees; Century Center; (c) Greenhouse , Morris Performing Arts Center and Palais Rom (d) ; City parking_ garages; (e) yes City streetscape and decor. (f) Reer-eatie= programs eent (7) Community Investment Department: (a) Redevelopment; (b) Community development; (c) Housing programs; (d) Economic development; (e) Planning; (f) Neighborhood development. -_- (g) License issuance (8) Code Enforcement Department: (a) Substandard buildings; (b) License inspection and enforcement; (c) Environmental code enforcement; (d) Weights and measures; (e) Citizen ser-viee eepAer, (9) Building Department: (a) Building inspections and permits; (b) Enforcement of building codes; (c) Zoning inspection and enforcement; (d) Board of Zoning Appeals administrative support; (e) Building trade licensing /registration testing and enforcement. QDJ Innovation and TechnologDepartment. (a) Technology (b) Business analytics (d) 311 Customer Service Center SECTION II. Chapter 2, Article 4, Section 2 -13 of the South Bend Municipal Code shall be further amended to add a new sub - section (G) to read as follows: (G ) Unless specifically stated, no department title designation or listing of department functions under this Section shall be construed to constitute a modification or abandonment of the rights and powers specifically granted by State law to certain departments. SECTION III. Unless otherwise and specifically stated, any references to the Parks Department, Superintendent of Parks, Board of Parks Commissioners or Park Board within the entire South Bend Municipal Code shall remain unchanged and unaffected by this Ordinance. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attes Cty ke'r- Presented by me to the Mayor of the City of South Bend, Indiana on the day of 0 , 2 01 U , at o'clock a- . m. C' y Jerk Approved and signed by me on the I 1 *&" day of Defe i e r .206 , at .s o'clock -P. m. I st READING 011 u" % I �e PUBLIC HEARING (0/Ip /ILe 3 rd READING L () / I c/ I (,p NOT APPROVED RHERRED q /2_1_7/I (,p PASSED to /10 f I V Mayor, of outh end, Indiana Filed in Clerk's Office SEP �- '( 2016 ICAREEMAH FOWLER CITY CLERIC, SOLrrH BEND, IN