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HomeMy WebLinkAboutD-2651-22 Amends & Replaces Article 1, Section 3 re Establishment of Councilmanic Districts SPONSOR: Councilor Worrell ORDINANCE NO. D-2651-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, FOR THE PURPOSE OF ESTABLISHING COUNCILMANIC DISTRICTS Synopsis: Amends and replaces Article 1, Section 3 regarding the establishment of Councilmanic districts. WHEREAS, Ind. Code § 36-4-6-3 (the “Act”) requires the Common Council (the “Council”) of the City of Carmel, Indiana (the “City”) to redistrict the City’s legislative body districts in the second year after a year in which the federal decennial census is conducted; and WHERAS, pursuant to Resolution No. CC-10-17-22-03 adopted on October 17, 2022, the Common Council adopted Guidelines for City Council Legislative Redistricting (the “Guidelines”) setting forth the procedures and requirements for accomplishing the redistricting process; and WHEREAS, pursuant to the Guidelines, the City has caused to be published a “Notice Regarding Division of the Common Council of the City of Carmel, Indiana into Legislative Body Districts” (the “Notice”) in the Indianapolis Star and the Court & Commercial Record on October 19, 2022 and in the Carmel Current on October 18, 2022, and made the Notice available in the office of the City Clerk; and WHEREAS, the Council has made provision for members of the public to object to the provisions of the Redistricting Guidelines and to submit proposed maps in compliance with the Guidelines and gave public notice of the same in the Notice and no such maps or objections have been filed; and WHEREAS, the Council has received and considered a proposed Redistricting Plan submitted by the Redistricting Coordinator appointed by the Council which the Council finds has a total deviation of 5.0%, leaves all precincts in the City intact and otherwise fully complies with the Guidelines and the Act (the “Coordinator’s Plan”); and WHEREAS, the Coordinator’s Plan meets the total deviation goal contained in the Guidelines, the Council finds that the Coordinator’s Plan maintains the core of the current Council Districts minimizing confusion among voters regarding their Council representative and maintains precincts in a manner that preserves precinct integrity and promotes election efficiency and; and WHEREAS, pursuant to the Notice, both the Committee on Finance, Utilities and Rules and the full Council held public hearings, on November 15, 2022, and November 21, 2022 respectively, on the plans received by the Council at which members of the public could present testimony and render objections to or support for the plans to be considered for adoption; and DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 WHEREAS, the Council now desires to adopt the Coordinator’s Plan and establish new City legislative body districts for the elections occurring in 2023 utilizing the 2020 decennial census data as required by Ind. Code §1-1-3.5-3. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AS FOLLOWS: Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by this reference. Section 2. Districts Established. Carmel City Code Chapter 3, Article 1, Division 1, Section 3-3 is hereby replaced and amended and shall hereafter read as follows: §3-3 Six Councilmanic District Boundaries. (a) Pursuant to I.C., 36-4-6-3, the Council consists of nine members, three of which are elected at large and six of which are elected from single-member districts. (b) Three members of the Council shall be elected from an electoral district that consists of all of the City and each voter of the City may vote for three at-large candidates. (c) The City is divided into six single member districts, from each of which one member shall be elected by the voters in that district. The six Councilmanic districts shall be named and numbered as set forth in this Ordinance and shall be composed of the precincts described below. The boundaries of each district are set forth below in the following named districts: North Central (District No. 1), Northeast (District No. 2), Southeast (District No. 3), Northwest (District No. 4), South Central (District No. 5), and West (District No. 6). (1) The North Central Councilmanic District (District No. 1) consists of the following precincts: Clay 03; Clay 08; Clay 11; Clay 20; Clay 30; Clay 31; Clay 32; Clay 37; and Clay 39. The North Central Councilmanic District has a total population of 16,527 persons based on the 2020 US Census. (2) The Northeast Councilmanic District (District No. 2) consists of the following precincts: Clay 07; Clay 24; Clay 29; Clay 35; Clay 36; Clay 48; Clay 49; Clay 53; Clay 55, Clay 59; and Clay 65. The Northeast Councilmanic District has a total population of 16,605 persons based on the 2020 US Census. (3) The Southeast Councilmanic District (District No. 3) consists of the following precincts: Clay 02; Clay 09; Clay 10; Clay 13; Clay 14; Clay 16; Clay 23; Clay 38; Clay 42; Clay 47; Clay 51; Clay 58; and Clay 60. DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 The Southeast Councilmanic District has a total population of 16,744 persons based on the 2020 US Census. (4) The Northwest Councilmanic District (District No. 4) consists of the following precincts: Clay 17; Clay 41; Clay 46; Clay 52; Clay 54; Clay 62; Clay 63; Clay 64; Clay 67; Clay 70; and Westfield 22. The Northwest Councilmanic District has a total population of 16,211persons based on the 2020 US Census. (5) The South Central Councilmanic District (District No. 5) consists of the following precincts: Clay 01; Clay 04; Clay 06; Clay 12; Clay 15; Clay 19; Clay 22; Clay 40; Clay 43; and Clay 57. The South Central Councilmanic District has a total population of 16,629 persons based on the 2020 US Census. (6) The West Councilmanic District (District No. 6) consists of the following precincts: Clay 05; Clay 27; Clay 28; Clay 33; Clay 56; Clay 61; Clay 66; Clay 68; Clay 69; and Clay 71. The West Councilmanic District has a total population of 17,041 persons based on the 2020 US Census. Section 3. Redistricting Procedures. Carmel City Code Chapter 3, Article 1, Division 1, Section 3-4 is hereby replaced and amended and shall hereafter read as follows: §3-4 Redistricting Procedures. Redistricting of Councilmanic Districts shall be done in the second year after a year in which a federal decennial census is conducted in accordance with I.C., 3-5-10-7 Section 4. District Ordinance Construction and Amendment. Carmel City Code Chapter 3, Article 1, Division 1, Section 3-5 is hereby established and shall read as follows: §3-5 - Conflicts, Omissions, Duplications, Construction and Amendment (a) Attached to this Ordinance as Exhibit A are maps showing the boundaries of each council district collectively and separately (the “Maps”) which maps are incorporated herein by reference. Twp copies of the foregoing Maps are on file in the office of the city clerk for public inspection as required by I.C., §36-1-5-4. (b) If a conflict exists between the Maps and the descriptions set forth in § 3-3 of this Chapter (the “Descriptions”), in accordance with I.C., §3-5-10-9, the Descriptions shall determine the boundaries of the council district. DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 (c) If any territory in the City is not included in one of the council districts, in accordance with I.C., §3-5-10-10, the excluded territory shall be included in the council district that: (i) is contiguous to that territory; and (ii) contains the least population of all council districts contiguous to that territory. (d) If any territory in the City is included in more than one (1) of the council districts, in accordance with I.C., §3-5-10-11, the territory shall be included in the council district that: (i) is one (1) of the districts in which the territory is described in this Ordinance; (ii) is contiguous to that territory; and (iii) contains the least population of all council districts contiguous to that territory. (e) In accordance with I.C., §36-4-6-5(p) this Ordinance must be construed, if possible, to comply with the provisions of I.C §36-4-5-6. The provisions of this Ordinance are severable and if any provision is found to be invalid, the invalidity shall not affect the other provisions of this Ordinance that can be given effect without the invalid provision. (f) The Council reserves the right to amend or revise the descriptions of the districts set forth in subsection 3-3(c) to correct any errors, duplications or omissions in the descriptions, to conform to any corrections or revisions of the Census data hereafter made by the U.S. Bureau of Census, to comply with any valid court order respecting this section, or for any other lawful purpose. Section 5. Ordinances Repealed. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed to the extent of such inconsistency, as of the effective date of this Ordinance, such repeal to have prospective application only. Section 6. Severability. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. [Signature Page Follows] DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of _____________, 2022, by a vote of _____ ayes and _____nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ____________________________________ ____________________________________ Kevin D. Rider, President Jeff Worrell, Vice-President ____________________________________ ____________________________________ Adam Aasen Laura D. Campbell ____________________________________ ____________________________________ Sue Finkam Anthony Green ____________________________________ ____________________________________ Tim Hannon H. Bruce Kimball ____________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________ 2022, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ____________ 2022, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 November 3:30 P3:45 1 22nd 21st Not Present Opposed November 22nd 7 P November DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANACouncil Districts 2023North Central DistrictNortheast DistrictSoutheast DistrictSouth Central DistrictWest DistrictNorthwest DistrictDocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL INDIANA North Central Council DistrictDocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANA Northeast Council District 2DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANA Southeast Council DistrictDocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANA Northwest Council District DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANA South Central Council District DocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659 CITY OF CARMEL, INDIANA West Council DistrictDocuSign Envelope ID: B0087956-5D37-4B7F-8483-D24F41FC3659