HomeMy WebLinkAboutD-1672-04 Public Hearing RequiremntSPONSOR(S): Councilors Griffiths & Sharp
ORDINANCE NO. D-1672-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 3, ARTICLE 1, DIVISION II, 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 hearing on an ordinance to be held 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:
"3-33. Public Hearin,qs.
Unless otherwise prohibited by law, all public hearings on proposed ordinances to
come before the Common Council shall be held at the first reading of same.
Section 3. All prior City ordinances or parts thereof that are inconsistent with any provision of
this Ordinance are hereby repealed as of the effective date of this Ordinance.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
san3.e.
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilors Griffiths & Sharp
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 ~ยข~tay of
~.10d%~ru~ 2004, by a vote of__ ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIA~/
Kevi~y J/
Mark R~e
&TTEST: ~ ~
Dian; L. Cordra-~II~d~l~2, Cler -l~,eas~rer ' ~
Presented,.~ bYMme to the Mayor of the City of Carmel, Indiana th,~ ~/c~ayi 2004, at
Diana L. CordtOa~.J-~VlC, C(!~rk-Treasu (..)
^ ,ov d by me, ,yor o, e ity o'O me', at
/J~trnes Brainard, Mayor
ATTEST: .
Diana L. Cordray, [~vl'C, Clerk-~eastu
Ordinance No. D-1672-04
Page Two of Two Pages
As Amended: Council Finance, Administration and Rules Committee
Prepared by Douglas C, Haney, Carmel City Attorney
