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HomeMy WebLinkAboutD-2260-16 Second Class CitySponsors: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Schleif Councilor Worrell ORDINANCE D-2260-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ADOPTING AND ADDING CHAPTER 1, SECTION 1-16 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel, Indiana (the "City"), is currently a Third Class City as defined by Indiana law; and WHEREAS, the City has now attained a population in excess of thirty-five thousand (35,000) but less than five hundred ninety-nine thousand (599,000) persons, as determined by the most recent federal decennial census and other appropriate means; and WHEREAS, Indiana Code 36-4-1-1.1 provides that the legislative body of a Third Class City may, by ordinance, adopt Second Class City status; and WHEREAS, pursuant to Indiana Code 36-4-1-8, upon change of the City's classification to a Second Class City, the City shall be governed by the laws applicable to its new class, except that the membership of the City's legislative body and the powers, duties, functions, and offices of its elected officials remain unchanged until the expiration of the terms of its members and elected officials; and WHEREAS, the Carmel Common Council (the "Council") in the best interest of all the citizens of the City, now desires to adopt Second Class City status for the City of Carmel, Indiana, by virtue of an ordinance to be codified as City Code Section 1-16. 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. Section 2. The Carmel Common Council hereby adopts Second Class City status for the City of Carmel, Indiana. Section 3. Chapter 1, Section 1-16 should be and the same is hereby adopted and added to the Carmel City Code to read as follows: "Sec. 1-16. Second Class City Status. The City of Carmel, Indiana, has achieved a population of at least thirty-five thousand (35,000) persons and, by ordinance properly adopted by the Common Council, is a Second Class City entitled to all of the rights, obligations and benefits commensurate with the attainment of such status under Indiana law." This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. Sponsors: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Schleif Councilor Worrell Section 4. Pursuant to Indiana Code 36-4-1-8, and this Ordinance, the terms of the present members of the Common Council and the Clerk Treasurer shall remain unchanged until the expiration of their terms and they shall continue to act under the powers granted to them as a Third Class City until January 1, 2020. Section 5. Pursuant to the guidelines set forth in Indiana Code 36-4-6-3, the Council shall pass an ordinance dividing the City into six (6) Common Council districts. The districts shall be effective for the term of the Council members beginning January 1, 2020, shall be based upon the latest decennial census, and shall not cross precinct boundaries. Section 6. Upon the City becoming a Second Class City, all Ordinances, rules, and regulations of the City shall continue in full force and effect unless or until amended or repealed pursuant to law. Section 7. Prior to January 1, 2020, and pursuant to the City's budget procedures, the Common Council shall establish a budget for the newly created elected position of Clerk of the City of Carmel. Section 8. Prior to January 1, 2020 and pursuant to the City's budget procedures, the City's executive shall establish a budget for the newly created appointed position and executive Department of the Controller. Section 9. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 10. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor, and such publication as is required by law. [Remainder of page intentionally left blank] Ordinance D-2260-16 Page Two of Three This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. PASSED by the Common Council of the City oCarmel, Sponsors: Councilor Campbell Councilor Carter Councilor Finkam Councilor Kimball Councilor Schleif Co nfilor Worrell Indiana, this day of J UE 14 , 2016, by a vote of _� ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Pre iding Officer Laura D. Campbell �E� C Ro ald E. Carter Su F' am ATT - S L1JGGc1 "" Christine S. Pauley, Clerk -Treasurer H. Bruce Kimball Kevin D. Rider Carol Schleif Jeff 4f/_r r -Z-1 Presented by me to the Mayor of the City o Carmel, Ind'" `na this day o aL 2016, at f "q5- P .M. Christine S. Pauley, Clerk -Treasurer Approved by me, Mayor of the City of C el, Indiana, thish day of 2016, at l(: V5 t.M. JAes Brainard, Mayor Christine S. Pauley�Clerk-Treasurer Ordinance D Z� O Page Three of Three This Ordinance was prepared by Ashley M. Ulbricht, Carmel Assistant City Attorney, on December 21, 2015 at 9:55 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise.