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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