HomeMy WebLinkAboutD-1653-03 Public Hrg./2nd Read.Sponsor: COUNCILOR KOVEN
ORDINANCE NO. D-1653-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, ADDING SECTION 3-33 TO CHAPTER 3
OF THE CITY OF CARMEL, INDIANA CODE OF ORDINANCES
WHEREAS, Indiana Code 36-4-6-13 and § 3-22 of the City of Carmel, Indiana Code of
Ordinances requires that all ordinances brought before the Common Council must rest for two readings
which must occur at two different meetings of the Common Council, unless the roles are properly
suspended; and
WHEREAS, the Common Council is presented with several types of ordinances which, by
statute, require that a public hearing be held prior to the Common Council taking action on the
ordinance in order to assure that the public has an opportunity to comment on the ordinance and the
members of the Common Council have the opportunity to consider those comments before voting on
the ordinance; and
WHEREAS, although not codified, it has been the practice of the Common Council to hold
such public hearing upon the first reading of the ordinance; and
WHEREAS, citizens often learn of issues before the Council only after they have been
introduced on first reading and reported by the media; and
WHEREAS, the practice of the Common Council of holding public hearings at the time of first
reading leaves these citizens with no opportunity for input on issues of importance to them since that
opportunity has passed prior to their learning of the issue; and
WHEREAS, members of the public who have appeared at a public hearing and commented
upon an ordinance are often disappointed and inconvenienced to learn that action upon their ordinance
of interest will be taken by the Common Council at the subsequent meeting; and
WHEREAS, the Common Council is desirous of encouraging public participation in the
process of government; and
WHEREAS, the Common Council recognizes it is prudent to codify the rules of the Common
Council; and
WHEREAS, the Common Council has the authority to amend the City of Carmel, Indiana
Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Sponsor: COUNCILOR KOVEN
Section 2. The City of Carmel, Indiana Code of Ordinances is officially amended to add the
following:
§ 3-33 Public Hearings.
(a) Unless otherwise prohibited by law, all public hearings on
proposed ordinances to come before the Common Council shall be held
at the time of the second reading of such ordinance.
(b) This section shall not apply to annexation ordinances which have
statutorily required waiting periods between the public hearing and
adoption of the ordinance pursuant to Indiana Code 36-4-3-2.1 et seq.
.Section 3. All City ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance. 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 has not been
adopted.
Section 4. Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so
tong as they can, without the invalid provision, be given the effect intended by the Common Council in
adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 5. This Ordinance shall become effective upon proper passage, signing by the Mayor
and such publication as is required by law.
.~ PASSED by the Common Council of the City of Carmel, Indiana, this !*]'t~ay of __
(~T~ ~t/~ ~, 2003, by a vote of D- ayes and / nays.
~~~' COMMON COUNCIL FOR THE CITY~.~~~OF CAI~,?~ -~
Robert~B]~t~7~eall~f(-~j r 7~ ~ ~. L. Rundle ~ ~ ~
Ronald E. Carter
Wayne A. Wilson
A~ST: ~
Diana L. Cordray, IA2VIC, Clerk-~y.e~isurer
~?resented, b3( me to the Mayor of the City of Carmel, Indiana, at [dh: Ch't) o'clock (.~. m. on
t~ay of .~!(t~/(~l{ ~3LF , 2003.
Diana L. Cordray, ~AM~, Cler~2r~easurer
Approved by me, Mayor of the City of Carmel, Indiana, at / O?~° o'clock /~. m. this _
day of ,/~tt~-/yzS'z~ ./~ ,2003.
~&mes Brainard, Mayor
ATTEST:
Diana L. Cordray, J~AM(~, Cler~--~reasurer ~)
Prepared by:
808409
Sue Beesley
Bingham McHale LLP
2700 Market Tower
10 W. Market Street
Indianapolis, IN 46204-2982