HomeMy WebLinkAboutD-1204-96 WITHDRAWNORDINANCE D-1204-96
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 1 OF THE CARMEL CITY CODE.
WHEREAS, Section 1-6 entitled "Repeal shall not revive Ordinances" of Chapter 1 of the Carmel City
Code entitled "General Provisions" provides for only two (2) consequences resulting from the repeal of an
Ordinance; and
WHEREAS, the effect of Section 1-6 is to question the interests of those who relied upon a protection
or a fight pursuant to an Ordinance which is later repealed by an Ordinance that does not address all foreseeable
consequences resulting from the repealed Ordinance and to question the fights of the City and its Common
Council; and
WHEREAS, many governing codes, such as the Indiana Code, provide for all or most consequences
resulting from the repeal of an ordinance or statutory provisions; and
WHEREAS, it is prudent that the Carmel City Code provide for all or most consequences reasonably
expected to resuk from the repeal of an Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA, that Section 1-6 of Chapter 1 of the Carmel City Code is hereby deleted in its entirety and
replaced with the following:
1. Whenever an Ordinance is repealed which repealed a former Ordinance, the former Ordinance shall not
thereby be revived unless it shall be so expressly provided. The repeal of any Ordinance shall not have the effect
to release or extinguish any penalty, forfeiture, or liability incurred under such ordinance, unless the repealing
Ordinance shall so expressly provide; and such Ordinance shall be treated as still remaining in force for the
purposes of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or
liability.
2. Each Ordinance is enacted subject to the fight 'of the Common Council to amend or repeal that Ordinance
at any time unless the Common Council waives such fight in that Ordinance. Except as provided in any
Ordinance containing a covenant that the Common Council will not amend or repeal that Ordinance, the '
Common Council may not be construed to have waived its fight to amend or repeal any Ordinance at any time.
3. The repeal of an Ordinance which authorized or required any act or inaction has no effect on the validity
of any act or inaction that may have occurred in accordance with the repealed Ordinance, nor on the conditions
to which the act or omission may have been subject and any approvals given under such repealed Ordinance are
validated and continue in effect until the specific approval is duly amended, terminated, or otherwise superseded
in accordance with the Ordinances of the City.
4. The repeal of a legalizing or validating Ordinance or part of an Ordinance does not affect the legalization
or validation.
5. The repeal of an Ordinance or part of an Ordinance authorizing the transfer, conveyance, or acceptance
of property, powers, duties, or liabilities by or to any governmental entity does not affect the validity of the
transfer, conveyance or acceptance of the property, powers, duties, or liabilities occurring before the
effectiveness of the repealing Ordinance.
6. The repeal of an Ordinance or part of an Ordinance that has expired does not affect the validity of an
action taken under the Ordinance or part of the Ordinance before its expiration.
7. Whenever an Ordinance is repealed that nullified an action, the action is not approved or ratified unless
the approval or ratification is expressly provided in the Ordinance.
8. Whenever an Ordinance is repealed that voided a role, the rule is not revived unless the Ordinance
expressly provides for the revival.
PASSED AND ADOPTED by the Common Council of the City of Carreel, Indiana, this
,1996.
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
day of
ATTEST:
Presiding Officer
Clerk Treasurer
PRESENTED by me to the Mayor of the City of Carmel, Indiana, on the
,1996.
day of
ATTEST:
James Brainard, Mayor
Clerk Treasurer
(or~ordrepel.rep)