HomeMy WebLinkAboutD-1685-04 Repeal Mining Ord.Sponsor: Councilor Glaser
ORD15~A4~ICE NO. D-1685-04,
'AS'
AN ORDINANCE/OF THE COMMON COUNCIL__O~F.~THff 1C611~_Y03
OF CARMEL, INDIANA TO REPEAL ORDINANCE bu. t~-m -
WHEREAS, on July 21, 2003, the Common Council for the City of Carmel passed
Ordinance No. D-1619-03, an ordinance to regulate mining operations within the corporate
boundaries of the City of Carmel (the M~nmg Or&nance ); and
WHEREAS, on July 22, 2003, the Mayor of the City of Carmel approved the Mining
Ordinance; and
WHEREAS, the Common Council for the City of Carmel believes that mining and the
processing of mineral resources should give due regard to (1) the protection of the health, safety
and general welfare of the people, and (2) the prevention of erosion, stream pollution, water, air
and land pollution and other injurious effects to persons, property, wildlife and natural resources;
and
WHEREAS, the Common Council for the City of Carmel believes in the necessity of Oo
Mining Ordinance and remains committed to addressing the concerns created by mining and the
processing of mineral resources through an appropriate ordinance. At the same time, the
Common Council for the City of Carmel believes that 0.. mining ordinance should be reviewed
in greater detail, studied and debated in an effort to determine if it can be made more effective.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana that Ordinance No. D-1619-03, shall be and hereby is repealed in its entirety,
effective immediately.
PASSED by the Common Council for the City of Carmel, Indiana the ,//fl/* day of
_ _~L~brtj ~ &~.~, 2004, by a vote of_ ~ ayes and ~ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~ Mark R~
Richard L.
///o~plx"C. Griffiths~/~'
ATTEST:
Diana L. Cordray, IAMC, Clerk-T e~sur '
,~Pre~ept~d by me to the M},~or of the City of Carmel, Indiana this /~c~ day of
Diana L. Cordray, IA~MC, Clerk-T~sure
by me, Mayor of the ~City of Carmel, Indiana, this /~ day of
~_~f~A% , 2004, at /0:_?d_z~M' '/~/~ ~,r~-~
,/
J~gi~s grainard, Mayo
ATTEST:
Diana L. Cordray, ~sm i
Prepared By:
Together With:
Michael Hollibaugh, Director
Department of Community Services
CITY OF CARMEL
Douglas Haney, City Attorney
CITY OF CARMEL
J~dES BRAIN~D, MAYOR
February 12, 2004
To:
Carmel City Council
Diana L. Cordray, IAMC, Clerk-Treasurer
From: Douglas Haney
Michael Hollibangh
Copy: James Bralnard, Mayor
RE: Add-on item - proposed D-1685-04
Attached for your consideration is proposed ordinance D-1685-04, which would
repeal the City's existing ordinance D-1619-03, which is also known as "the mining
ordinance". This ordinance is before to you as an add-on to your February 16, 2004
agenda because certain pending legal matters make it prudent, in our opinion, to repeal
the City's existing mining ordinance immediately.
Such a repeal would give DOCS and the Legal Department the ability to
concentrate their efforts entirely on drafting a replacement ordinance, without at the same
time being forced to expend considerable time and money litigating the legality of an
existing mining ordinance whose utility is negligible, at b.est, because the City is
currently enjoined fitom enforcing it. We had hoped to have our replacement ordinance to
you on the same date on which we asked you to consider the repeal of the existing mining
ordinance. However, due to the complexity of this matter, we will not be able to have our
replacement ordinance to you until on or about March 1, 2004.
Given the existence of several pending discovery matters pertaining to the
existing mining ordinance, and a March 25, 2004 court hearing on the future enforcement
of that ordinance, we feel that it is in the City's best interests to proceed forward with the
repeal of the existing mining ordinance at this time and to consider the enactment of a
replacement ordinance in the near future. Thank you for your kind consideration of this
request.
DEPARTMENT OF COMMUNITY SERVICES
ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426
MICHAEL P. HOLLIBAUGH~ DIRECTOR