HomeMy WebLinkAboutD-2464-19 Council Presiding Officer and Voting Requirements SPONSOR: Councilor Finkam
ORDINANCE D-2464-19
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA,
AMENDING CHAPTER 3, ARTICLE 1,DIVISION 2,SECTIONS 3-24 AND 3-32 OF THE
CARMEL CITY CODE
Synopsis: Ordinance amends the Carmel City Code sections related to the Common Council
presiding officer and voting requirements to reflect the City's change in status to a second class city.
WHEREAS, on January 4, 2016 the Common Council adopted Ordinance D-2260-16, which
changed the City of Cannel's (the"City") classification from a third class to a second class city; and
WHEREAS, per Indiana Code § 36-4-6-8(a), the legislative body of a second class city shall
choose from its members a president and vice president; and
WHEREAS, in order to conform with Indiana Code, it is in the public interest to amend certain
sections of Carmel City Code to reflect the City's second class city status.
NOW,THEREFORE,IT IS AGREED AND ORDAINED, by the Common Council of the City
of Cannel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Section 3-24 of the Cannel City Code is hereby amended and shall read as follows:
"§ 3-24 Presiding Officer.
(a) At the first Common Council meeting of January each year, the Council shall choose from
its members a president and vice president. The presiding officer of the Common Council
shall be the Common Council President.
(b) The Common Council President will call and adjourn meetings of the Common Council.
Section 3. Section 3-32 of the Carmel City Code is hereby amended and shall read as follows:
"§ 3-32 Voting Requirements for Official Business.
(a) A quorum shall be required for all meetings of the Council in order for the Common
Council to conduct any official business. Until January 1, 2020, a quorum shall be
constituted by four of the members of the Common Council. A simple majority shall be
defined as four Council members. On and after January 1, 2020, a quorum shall
constitute five or more members of the Common Council and a simple majority shall be
defmed as five Council members.
(b) Until January 1, 2020, a two-thirds majority shall be defmed as five members of the
Common Council voting in the affirmative and on and after January 1, 2020, shall be
defmed as six members of the Common Council voting in the affirmative.
Ordinance No. D-2464-19
Page One of Three Pages
This Ordinance was prepared by Jon Oberlander,Cannel Senior Assistant City Attorney,on 12/7/16 at 1:29 p.m.No
subsequent revision to this Ordinance has been reviewed by Mr.Oberlander for legal sufficiency or otherwise.
IY:\shared\ORDINANCES\AmendCode\2019\D-2464-19 Second Class City Presiding Officer Ordinance Clean.doc
SPONSOR: Councilor Finkam
(c) Until January 1, 2020, a three-fourths majority shall be defmed as six members of the
Common Council voting in the affirmative and on and after January 1, 2020 shall be
defmed as seven members of the Common Council voting in the affirmative.
Section 4. All other current provisions of City Code Sections 3-24 and 3-32 shall remain in full
force and effect and are not affected by this Ordinance.
Section 5. 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 6. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
Ordinance No.D-2464-19
Page Two of Three Pages
This Ordinance was prepared by Jon Oberlander,Cannel Senior Assistant City Attorney,on 12/7/16 at 1:29 p.m.No
subsequent revision to this Ordinance has been reviewed by Mr.Oberlander for legal sufficiency or otherwise.
IY:\shared\ORDINANCES\AmendCode\2019\D-2464-19 Second Class City Presiding Officer Ordinance C1ean.doc
SPONSOR: Councilor Finkam
fTPSD by the Common Council of the City of Carmel, Indiana this /�day of
l 1 2019,by a vote of -7 ayes and 0 nays.
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CO ►1 1 N COUNCIL FOR THE CITY C L
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Jef o 71,r7 ident Anthony ee
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Laura D. Campbell, Vice-President H. Bruce Kimball
onald E. Carter evin D. Rider
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Christine S. Pauy, Clerk-Treas 0
d esented by me to the Mayor of the City o Carmel, Indiana thisf(g day of
Afil 2019, at Q [W
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.stine S. Paulty, Clerk-Treas r
Approved b me, Mayor of the City ofC el, Indiana, this/ day of
il-ry F / 2019, at rS • /L____, --t
es Brainard, Mayor
A 1T. j,.,f4_
Christine S. auley, Clerk-Treasurer
Ordinance D-2464-19
Page Three to Three
This Ordinance was prepared by Jon Oberlander,Carmel Senior Assistant City Attorney,on 12/7/16 at 1:29 p.m.No
subsequent revision to this Ordinance has been reviewed by Mr.Oberlander for legal sufficiency or otherwise.
Y:\shared\ORDINANCES\AmendCode\2019\D-2464-19 Second Class City Presiding Officer Ordinance Clean.doc