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HomeMy WebLinkAboutD-2442-18 Establishes Councilmanic DistrictsSPONSOR(S): Councilor Finkam ORDINANCE NO. D- 2442 -18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, FOR THE PURPOSE OF ESTABLISHING THE COUNCILMANIC DISTRICTS OF 2019 Synopsis: Amends and replaces Article 1, Section 3 regarding the establishment of Councilmanic districts. WHEREAS, Ind. Code § 36-4-6-3 (the "Act") requires the Common Council (the "Council") of the City of Carmel, Indiana (the "City") to redistrict the City's legislative body districts to reflect its second class city status and to assign annexed territory to a Council district; and "ERAS, pursuant to Resolution No. CC08-2018-01 adopted on August 20, 2018, the Common Council adopted Guidelines for City Council Legislative Redistricting setting forth the procedures and requirements for accomplishing the redistricting process; and WHEREAS, the City has caused to be published a "Notice Regarding Division of the Common Council of the City of Carmel, Indiana into Legislative Body Districts" in the Indianapolis Star and the Court & Commercial Record on September 5, 2018 and in the Carmel Current on September 11, 2018; and WHEREAS, the Council has made provision for members of the public to submit proposed maps or object to the provisions of the Redistricting Guidelines as set forth in the Redistricting Guidelines and gave public notice of the same in the public notices referenced above and no such maps or objections have been filed; and WHEREAS, the Council has received and considered a proposed Redistricting Plan submitted by the Council's Redistricting Coordinator which fully complies with the Redistricting Guidelines and the Act and the Council desires to approve and adopt the proposed Redistricting Plan in accordance with the provisions of this Ordinance; and WHEREAS, Ind. Code § 36-4-6-3(g)(2) allows the Council to redistrict all of the City's legislative body districts at any time subject to the provisions of Ind. Code § 3-11-1.5-32; and WHEREAS, the Council desires to establish new City legislative body districts for the elections occurring in 2019 utilizing the 2010 decennial census data as supplemented by the partial Federal census conducted in portions of the City on August 25, 2016 as required by Ind. Code § 1-1-3.5-3. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Carmel City Code Article 1, Division 1, Section 3 is hereby replaced and amended and shall hereafter read as follows: ARTICLE 1. LEGISLATIVE BRANCH. Division 1. General Provisions §3-1 The Common Council. The legislative branch of the City is the Common Council. The Council shall have exclusive authority to adopt ordinances and appropriate tax monies received by the City or its municipal -owned utilities companies, approve annual budgets for the City and City -owned utilities, and to perform other necessary and desirable legislative functions. §3-2 Nine Member Council. The Common Council shall be composed of nine members, six of whom are elected from single -member districts and three of whom are elected at -large. §3-3 Six Councilmanic District Boundaries. (a) Pursuant to I. C., 36-4-6-3, the Council consists of nine members, three of which are elected at large and six of which are elected from single -member districts. (b) Three members of the Council shall be elected from an electoral district that consists of all of the City and each voter of the City may vote for three at -large candidates. (c) The City is divided into six single member districts, from each of which one member shall be elected by the voters in that district. The six Councilmanic districts, numbered pursuant to this Ordinance, shall contain precincts, the names and corresponding numbers of which are set forth in the Order adopted by the Hamilton County Board of Commissioners. The boundaries of each district are set forth below in the following named districts: Central, Northeast, Southeast, North, Southwest, and West. (1) The Central Councilmanic District (District No. 1) consists of the following precincts (precinct # in parentheses): (#237) Arbors, (#203) Carmel Meadows, (#211) Guilford 1, (#208) Daniel Warren, (#220) Rangeline, (#221) Richland, (#232) Stonehedge 1, (#250) Stonehedge 2, (#231) Guilford 2, (#213) Hunters Trace, (#216) Mohawk Hills, (#239) Brentwood. The Central Councilmanic District has a total population of 15,081 persons based on the 2010 US Census as supplemented by the partial Federal census conducted in portions of the City on August 25, 2016 (the "Special Census"). (2) The Northeast Councilmanic District (District No. 2) consists of the following precincts (precinct # in parentheses): (#207) Cool Creek North, (#253) Copperwood, (#229) Johnson Acres, (#249) Woodgate, (#265) Prairie View, (#248) Woodfield, (#235) Avian, (#259) Cherry Tree, (#236) Clay Northeast, (#255) Hazel Dell, (#224) Brookfield Crossing. The Northeast Councilmanic District has a total population of 15,579 persons based on the 2010 US Census as supplemented by the Special Census. (3) The Southeast Councilmanic District (District No. 3) consists of the following precincts (precinct # in parentheses): (#223) White Chapel, (#234) Brookshire North, (#258) Bay Hill, (#260) Stonewick, (#247) Waterford, (#238) Blue Creek, (#201) Briar Creek, (#226) Cool Creek South, (#202) Brookshire, (#209) Eden Brook, (#210) Greensprings, (#251) Kingswood 2, (#214) Keystone, (#242) Kingswood 1. The Southeast Councilmanic District has a total population of 15,410 persons based on the 2010 US Census as supplemented by the Special Census. (4) The North Councilmanic District (District No. 4) consists of the following precincts (precinct # in parentheses): (#262) Cheswick, (#246) Thistlewood, (#217) Mount Carmel 1, (#244) Mount Carmel 2, (#241) Hunters Creek, (#272) Clay Northwest 2, (#270) Kingsborough, (#263) Saddle Creek, (#722) The Village, (#264) Spring Farms, (#252) Springmill Ponds. The North Councilmanic District has a total population of 15,038 persons based on the 2010 US Census as supplemented by the Special Census. (5) The Southwest Councilmanic District (District No. 5) consists of the following precincts (precinct # in parentheses): (#225) Woodland, (#254) Meridian (NV), (#212) Holaday 1, (#240) Holaday 2, (#257) Clay Center 2, (#215) Lady Hamilton, (#243) Lexington, (#218) Orchard Park, (#206) College, (#267) Pleasant Grove 2, (#219) Pleasant Grove 1, (#222) Northridge, (#228) Spring Mill 1, (#245) Spring Mill 2, (#261) Crooked Stick. The Southwest Councilmanic District has a total population of 15,181 persons based on the 2010 US Census as supplemented by the Special Census. (6) The West Councilmanic District (District No. 6) consists of the following precincts (precinct # in parentheses): (#233) Clay Northwest 1, (#204) Clay Center 1, (#266) Clay Center 3, (#205) Clay Southwest 1, (#256) Clay Southwest 2, (#268) Clay Southwest 3, (#269) Coxhall. The West Councilmanic District has a total population of 15,323 persons based on the 2010 US Census as supplemented by the Special Census. (d) Councilmanic Districts are divided according to the 2010 US Census population figures, as supplemented by the partial Federal census conducted in portions of the City on August 25, 2016, all as set forth in Exhibit A to be retained with the permanent records of Ordinance DTWI 8. (e) The map filed in connection with the submission of this redistricting plan adopted pursuant to subsection (c) shall be referred to as the City of Carmel Councilmanic Districts of 2019. (f) (1) Any discrepancies or conflicts between the geographic boundaries of the precincts and the boundaries of the Census voting districts and any omission or duplicate assignment of any territory shall be resolved by reference to Clay Township Precinct Map, Precinct approved dated December 18, 2017, as prepared for the Hamilton County Clerk by the Hamilton County Surveyor and available in the Hamilton County Elections Office, or to the rules of construction stated in this section. (2) The districts in subsection (c) shall be construed so as to include all of the territory of the City within one, but only one, of the districts established by this section. (3) Subsection (c) shall be construed so as to exclude from all districts any territory not located in the City. (4) Any territory in the City which is not included in a district shall be deemed to be included in the district that: a) is one of the districts in which the territory is described; b) is contiguous to that territory; and c) contains the least population of all districts contiguous to that territory. (g) The Council reserves the right to amend or revise the descriptions of the districts set forth in subsection (c) to correct any errors, duplications or omissions in the descriptions, to conform to any corrections or revisions of the Census data hereafter made by the U.S. Bureau of Census, to comply with any valid court order respecting this section, or for any other lawful purpose. §34 Redistricting Procedures. Redistricting of Councilmanic Districts shall be done in the second year after a year in which a federal decennial census is conducted in accordance with I. C., 36-4-6-3. The Council may by ordinance require redistricting on a more frequent basis through adoption of appropriate ordinances subject to I. C., 3-11-1.5-32. Section 3. The remaining provisions of the Carmel City Code that are not affected by this Ordinance shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed to the extent of such inconsistency, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, 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 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. PASSED by the Common Council of the City of Carmel, Indiana, this 5 day of N 2018, by a vote of 5 ayes and nays. in D MMONOWNCIL VOR THE CITY OrCARMEL. INDIANA Vice - Laura D. Campbell e� 0�f :� Ronald E. Carter A S stine S. P uley, Clerk-Tre er s' H. Bruce Kimball Presented by me to the Mayor of the City of Carmel, at P.M. is if day I% 2018, i S. Pauley,.Clerk-Treasurer \. Approved by me, Mayor of the City of Carmel, Indiana, this day of o eq. 2018, at _&vT _ /r.M. AT f` Kristine S. P uley, Clerk-Treas er Z"'w' I �- Jams Brainard, Mayor