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D-1720-04 DEFEATED/2nd Class City Status SPONSOR(S): Councilors Ratterman, urlffiths, Mayo and Carter ORDINANCE NO. D-1720-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL ADOPTING AND ADDING CHAPTER 1T SECTION 1-16 TO THE CARMEL WHEREAS, the City of Carmel, Indiana, is currently a Third Class City as law; and by Indiana WHEREAS, the City of Carmel, Indiana, has now attained a thousand (35,000) but less than two hundred fifty thousand ('. recent federal decennial census and other appropriate means; and O~ in excess of thirty-five as determined by the most WHEREAS, Indiana Code 36-4-1-1.1 population to adopt Second Class City status to do so body of a city that has sufficient WHEREAS, the £ City of Carmel, Indiana, by virtue of an ordinance adopt Second Class City status for the City Code Section 1-16. NOW, THEREFORE, BE IT Indiana, that: the Common Council of the City of Carmel, Section 1. The fore herein by this reference. Section 2. The Carmel, Indiana. hereby adopts Second Class City status for the City of Section 3. Chapter 1, se Carmel City Code to read as follows should be and the same is hereby adopted and added to the "Sec. 1-16. Class City Status. City of Carmel, Indiana, has achieved a population of at least thousand (35,000) persons and, by ordinance properly adopted by the Common Council, is a Second Class City entitled to all of the rights, obligations and benefits commensurate with the attainment of such status under Indiana law. b. Notwithstanding the above, the Mayor's appointment of a City Controller pursuant to Indiana Code 36-4-9-6(b)(1) shall be subject to the approval of a majority of the members of the Common Council. Sectqion 4. Subject to all applicable laws, regulations, employment requirements and necessary monetary appropriations, all of the full-time employees working in the Office of the Clerk-Treasurer whose positions are affected by the City's change in class status shall be offered other positions within the City with pay and benefits comparable to those they had in the positions they held on the date this Ordinance took effect. Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney [eb:msword:z:/law\e bassk,ny docuntents\ordinances\amendcode\2004\amd add ch I sec 1-16 2nd classno red.doc:8/5/04] SPONSOR(S): Councilors Ratterman, tJriffiths, Mayo and Carter Section 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 6. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and~ such publication as is required by law. ~by the Common Council o.f the City of Carmel, Indiana, thisL3 day of 2004, by a vote of -~ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA /Ronald E. Carter, President Pro Tempore Kevin Kirby F~redri%k J~ ~ ,t ~ ---~Richard L. Sh~ ATTE~~ Di~a L. Cor&ay, ~C, ~k-T~as~er Presented by me to the Mayor of the City of Ca~el, ~diana, at ~ day of ., 2004. B,~gI~D. Mayo Mark Rattermar~n- - - o'clock __. m. on the Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, at day of ., 2004. o'clock . m. this ATTEST: James Brainard, Mayor Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. D- 1720-04 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney [eb:msword:z:\law\e bass\my doctm~ents\ordinances\amendcode\2004\amd add ch I sec 1-16 2nd classno red doc:8/5/04]