D-1671-04 Public Hearings/Zoning/Annexations/TextSPONSOR(S): Councilor Sharp
ORDINANCE NO. D-1671-04.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF cARMEL INDIANA
AMENDING CHAPTER 3 ARTICLE 1 DIVISION II SECTION 3-32 b
OF THE CARMEL CITY CODE.
WHEREAS, the Common Council of the City of Carmel, Indiana, has the authority to amend
the Carmel City Code; and
WHEREAS, Carmel ~ity Code Section 3-32(b) no longer accurately reflects Indiana law as it
pertains to the notice requirements imposed on a petitioner seeking to amex real property into the
City's corporate limits, and must now be amended.
NOW, THEREFORE, BE IT ORDAINED by the Common Cot~ncil of the City of Carmel,
Indiana, as follows:
Sec.__tion 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Chapter 3, Article 1, Division II, Section 3-32(b) of the Carmel City Code should be
and the s~arne is hereby amended to read as follows:
Sec. 3-32. ~uncil on Petitions
for Ordinances Chan in the Official Zonin Ma Annexations and Text
Amendments to the City Code Chapter 10_.
"(b) Notice of the public hearing on an ordinance seeking to change the
official zoning map or to amend City Code Chapter 10 shall be given by the
petitioner at least ten (10) days prior to the date of the hearing in one newspaper
having a paid subscription with offices in the City or Clay Township, and a general
circulation within the City and/or the Township. In the event there is no such
newspaper in the City or Township having a paid subscription within the City or
Township then, in that event, notice shall be published at least ten (10) days prior to
the date of the hearing in any one newspaper of general circulation in Hamilton
County, Indiana, having offices within the County and having a paid subscription.
Notice of the pubtic hearing on an ordinance seeking to annex real property into the
City's corporate boundaries shall be given by the petitioner in conformance with
Indiana law. The cost of such notices shaft be the responsibitity of the person
requesting the hearing. It shalt be the responsibility of such person to provide proof
of publication of the notice required herein to the Clerk-Treasurer prior to the
hearing date."
The remaining portions of City Code Section 3-32 are not affected by this Ordinance and remain in full
force and effect.
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this Ordinance are hereby repealed as of the effective date of this Ordinance.
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
Section 4_. If any portion of this Ordinance is declared unconstitutional, invalid or unenforceable
by the vali---~judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity
or unenforceability shall not affect any of the remaining portions of same. 3,
Secti___~on 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.
,--'%~ daY of
f~ _ PASSED by the Common Council of the City ofO nays.
2004, by a vote of_~ ayes and r~armel, Indiana, this
COMMON COUNCIL FOR THF~ CITY.-O~ CARMEL, INDIANA
AT ~,~, T:
D~ana L. Cordray~--~'', IAMC, Cle!/k-'I'reasur , ,,
Presented bv me to the Mayor o[~f thhCity of Carmel' lnaian~this ~ d~y~°f~
~004, at ~-- O'c,ock(~-M. ~~
a or of the CitygfCarmel, Indiana, t ,§ ~ ·
Al:proved by .me, M..a,a~ ~, _., :~ /,~~/~
~t ~, /79 ' D(~ O'clock, ~ lvl. /j/ .o / cc:_.~-----~__._,~ ,J
J~mes Brainard, Mayor
ATTEST:
Di~reasurer
Ordinance No. D-1671-04
Page Two of Tw0 Pages
Prepared by Douglas C. Haney, Carmel City Attorney