HomeMy WebLinkAboutD-1707-04 Public Hearing ProceduresSPONSOR(S): Councilor Griffiths
ORDINANCE NO. D-1707-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA
AMENDING CHAPTER 3~ ARTICLE 1, DIVISION IL SECTION 3-33
OF THE CARMEL CITY CODE
WHEREAS, Indiana law and City Code Section 3-22 require ordinances brought before the
Common Council to be read twice at two different Common Council meetings unless the roles of
procedure are properly suspended; and
WHEREAS, Indiana law does not address the issue of at which of these two meetings the
public hearing is to be held on an ordinance; and
WHEREAS, due to the variety of circumstances and time constraints facing the City in its
effort to conduct its business and further the public good, it is often more convenient and proper to
hold the public hearing on an ordinance at one of the Council meetings at which the ordinance is read
instead of at the other such meeting; and
WHEREAS, Carmel City Code Section 3-33, as currently written, fails to recognize the above
realities and should be amended to permit the public bearing on an ordinance to be beld at either its
first or second reading.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Chapter 3, Article 1, Division II, Section 3-33 of the Carmel City Code should be
and the same is hereby amended to read as follows:
"Sec. 3-33. ~.
Unless otherwise prohibited by law, al~ public hearings on proposed ordinances to
come before the Common Council may be held at the first reading of same.
Section 3. All prior City ordinances or parts thereof that are inconsistent witb any provision of
this Ordinance are bereby repealed as of the effective date of this Ordinance.
Section 4. If any portion of this Ordinance is declared unconstitutional, invalid or
unenforceable by the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality, invalidity or unenforceability shall not affect any of the remaining portions of
same.
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Griffiths
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage,
execution by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this .[ q~day of
2004, by a vote of~ ~o ayes and _ (~3 nays.
COMMON COIJN/,~/IL FOR TItE CITY OF CARMEL, INDIANA
cer _..,....; , Kevin Kirby
c_..K~al~-E ~ident I~0 Tempo
Fr' rick ~.G Mark Ratte
Richi~~
~)iana L. Cordray, iAMC, Cllrk_Tr~asure~
Presented by me to the Mayorko~e City of Carmel, Indiana th~5:;~ day of_~-~7'~ _ 2004, at
o f the City o f Carmel, indi~ia~i~ ~rdr::~TC, il k-Tr
App.roved by me, Mayor
Dian ~~I~ViC, Clerkf~reasurer
Ordinance No. D-1707-04
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Griffiths
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage,
execution by the Mayor and such publication as is required by law.
PASSED by the Common Com~cil of the City of Carmel, Indiana, this ./c/4&-day of
J~ 2004, by a vote of (4 ayes and O nays.
COMMON COUNCIL FOR TIlE CITY OF CARMEL, INDIANA
Kevin Kirby
Fr ~A~rk~~~
Rich~d L: Sh~ar~ ff
Diana L. Cordray, IAMC,
Presented by me to the Mayo:
/~' ,,~'¢~.M.
Appr, o~ved by me, Mayor of the City of Carmel,
City of Carmel, Indiana thi~5~ day of~-J~-0 ~ 2004, at
~ ht~~t~, er
IndianDii~i~dr~?~=~C~a~i4, at
/flames Brainard, Mayor
Diana L. Cordray, IAMC, Clerk-~reasu
Ordinance No. D-1707-04
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney