HomeMy WebLinkAboutD-2264-16 Corporation CounselSponsors: Councilor Carter
Councilor Finkam
Councilor Kimball
Councilor Rider
Councilor Schleif
Councilor Worrell
ORDINANCE D-2264-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDING CHAPTER 2, ARTICLE 1, DIVISION II, SECTION 2-9.1 OF
THE CARMEL CITY CODE
WHEREAS, Indiana Code Section 36-4-9-12 allows and obligates the Corporation
Counsel, as head of the City of Carmel Department of Law, to commence legal proceedings
necessary for the protection or enforcement of the rights of the City of Carmel, Indiana (the
"City") and the public and to otherwise manage the City's legal affairs; and
WHEREAS, Indiana Code Section 36-4-9-12 does not specifically authorize the
Corporation Counsel to compromise and settle claims and legal proceedings even when to do so
would be in the best interests of the City and the public and would constitute the prudent
management of the City's legal affairs; and
WHEREAS, Indiana Code Sections 36-1-3-5 and- 36-1-3-6 permit the, City to adopt
ordinances pursuant to which the City may exercise all the powers it needs for the effective
operation of its governmental affairs; and
WHEREAS, Section 2-9.1 of the Carmel City Code currently grants the Corporation
Counsel authority to accept, settle, or reject claims against the City in an amount of up to $8,000;
and
WHEREAS, the public interest requires that periodic revision of the municipal code is
necessary in order to make editorial changes for clarification and to make revisions that are
consistent with current practice and public policy; and
WHEREAS, Section 2-9.1 of the Carmel City Code was last revised in 2001 and fails to
accurately reflect the monetary value of many legal actions pursued against the City; and
WHEREAS, increasing the Corporation Counsel's authority to accept, settle, or reject
claims against the City, without prior approval of the Carmel City Council, in an amount of up to
$25,000 will facilitate the prompt resolution of claims and actions worthy of settlement.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21,
2015 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal
sufficiency or otherwise.
VAshared\2016 Ordinance Project\Ordinance D-2264-16 - City Attomey.docx
Sponsors: Councilor Carter
Councilor Finkam
Councilor Kimball
Councilor Rider
Councilor Schleif
Councilor Worrell
Section 2. Carmel City Code Section 2-9.1 shall be amended as follows:
"Section 2-9.1 Settlement Authority of Corporation Counsel.
(a) Corporation Counsel for the City of Carmel shall have _authority to settle
lawsuits, notices of lawsuits, and written threats of lawsuits filed against the City
pursuant to Indiana Code 34-13 on behalf of the City up to and including the sum
of $25,000."
Section 3. All other current provisions of City Code Section 2-9.1 shall remain in full
force and effect and are not affected by this Ordinance.
Section 4. 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 5. This Ordinance shall be in full force and effect from and after its passage
and singing by the Mayor.
PASSED by the Common Council of the City of armel, Indiana, this'"day of
4 u , 2016, by a vote of:— ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
P esiding Officer
Laura D. Campbell
Ronal . Carter
S F' nkam
/_1
Christine S. Paley, Clerk -
Ordinance D-2264-16
Page Two of Three
11-�
H. Bruce Kip
This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21,
2015 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal
sufficiency or otherwise.
V:\shared\2016 Ordinance Project\Ordinance D-2264-16 - City Attorney.docx
Sponsors: Councilor Carter
Councilor Finkam
Councilor Kimball
Councilor Rider
Councilor Schleif
(A to Councilor Worrell
Presented by me to the Mayor of the City of Carne}, Indi s day of
�c 2016, at 15 r .M.
Christine S. Paule , Clerk-Treasur
I -A
Approved by me, Mayor of the City of C mel, Indiana, this day of
2016, at r M.
es Brainard, Mayor
ATT T:
i
Christine S. Pauley, Clerk -Treasurer
Ordinance D-2264-16
Page Three of Three
This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21,
2015 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht, for legal
sufficiency or otherwise.
v:\shared\2016 Ordinance Project\Ordinance D-2264-16 - City Attorney.docx