HomeMy WebLinkAboutD-2178-14 Amend 3-23 - Voting Requirements for Passage of Ordinances and Resolutions SPONSOR: Councilor Rider
ORDINANCE D-2178-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA
AMENDING CHAPTER 3,ARTICLE 1,DIVISION II, SECTION 3-23
OF THE CARMEL CITY CODE
WHEREAS, the Common Council of the City of Carmel, Indiana ("Common Council") has
codified in City Code Section 3-23 the voting requirements for official Common Council business; and
WHEREAS, as codified, City Code Section 3-23 contains a voting requirement for ordinances
that come before the Common Council as a result of a negative recommendation of the Carmel Plan
Commission that no longer comports with current Indiana law, and does not address Common Council
resolutions; and
WHEREAS, Indiana Code 36-7-4-201 does not permit the City to alter state law as regards the
exercise of its planning and zoning powers, and;
WHEREAS, it is now prudent and appropriate to amend City Code Section 3-23 so that it
comports with current Indiana law and addresses Common Council resolutions.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council.of the City of Carmel,
Indiana, as follows:
.. e
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. That Chapter 3, Article 1, Division II, Section 3-23 of the Carmel City,Code should be
and the same is hereby AMENDED and shall read as follows:
"§3-23 Voting Requirements for Passage of Ordinances and Resolutions
All ordinances and resolutions of the Common Council shall, unless otherwise expressly required by
applicable Indiana statute,require a majority vote for passage."
Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as
enforcement of same can be given the same effect.
Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and
signing by the Mayor, and publication as required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this I day of
2014,by a vote of -Q ayes and 0 nays.
This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on July 10, 2014 at 3:40 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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SPONSOR: Councilor Rider
COMMON COUNCIL FOR THE CITY OF CARMEL
i46.' gra. �i P
Presiding I` cer evin D. Rider 00010��-. Lt 'I IL ,_
W. Eric Seide sticker, Pr::'I ent Pro Tempore Carol Schleif
7_- ' N ) T Pe._cs ' N
R n`E. Carter Richard L. Sharp
_• ' (SOT AU �1LA6L&
S - am ! Luci Snyder
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ATTEST: ,
271:91 ,i /
Diana L. Cordray,IAMC, Clerk-Trea• l er
Presented by me to the Mayor of the City of Carmel, Indian this I 6 day o %Lai"-
,
2014, at 6:SS f.M. (Dean a L. Cordray, IAMC, Cleasurer
Approved by me, the Mayor of the City of Carmel, Indiana, this ig day of(1) ! _It ,
2014, at 6:s-s P .M.
Air
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ill es Brainard,Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Trgasurer
Ordinance D-2178-14
Page Two of Two Pages
This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on July 10, 2014 at 3:40 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
v:\e bass\my documents\ordinances\amendcode\2014\ordinance d-2178-14 amend chapter 3 article 1 division ii section 3-23-voting requirements-clean
version.doc7/22/2014 1:29 PM