HomeMy WebLinkAboutD-2066-11 Amend 3-27 Approval/Disapproval by Mayor of All Council OrdinancesOrdinance No.: D- 2066 -11
Sponsor(s): Councilor Sharp
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, AMENDING CHAPTER 3, ARTICLE I, DIVISION II,
3 -27, OF THE CARMEL CITY CODE REGARDING OVERRIDE OF MAYORAL
VETOES
WHEREAS, as originally passed by the Carmel Common Council in Ordinance D -362
(1983), what is now codified, in part, in Carmel City Code 3 -27(d) specifies that a mayoral
veto may only be overridden by a two- thirds (2/3) majority of the "members- elect" of the
Common Council; and
WHEREAS, by definition, "members- elect" refer to those individuals who have been
elected to an office, but have not yet assumed such office; and,
WHEREAS, Ind. Code 36- 4 -6 -16 establishes the statutory protocol for a legislative
override of a mayoral veto, and makes no mention of "members elect;" and,
WHEREAS, although the usage of the incorrect term was likely scrivener's error, and
the Common Council's practice has been to take a vote of elected members on a motion to
override a mayoral veto; and,
WHEREAS, it is in the best interest of the City to correct such incorrect language within
the City Code.
NOW, THEREFORE, IT IS AGREED AND 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 11,§ 3 -27(d) is hereby amended to read as follows:
3 -27 Approval/Disapproval by Mayor of All Council Ordinances.
(d) If the Mayor fails to discharge his duty by approving or disapproving such
ordinance, order or resolution within the time named, such failure shall be deemed
a disapproval, and in all cases of disapproval by the Mayor, such ordinance, order
or resolution shall not become a law unless, at its next regular or special meeting
after the time named for the Mayor's action, the Council shall again pass the same
by a two- thirds vote."
Section 3. All other current provisions of City Code Chapter 3, Article 1, Division II, shall
remain in full force and effect and are not affected by this Ordinance.
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This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC.
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Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does
not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and
penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted.
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, 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 6. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this co-- day of
CrA'N-e M113e{ 2011, by a vote of 1 7 ayes and 0 nays.
residing Officer
W. Eric Sei ensticker, Presid t_Pxo Tempore evin Rider
ATTEST:
V. Accetturo
R. ald E. Carter
Griffiths
COMMON COUNCIL FOR THE CITY OF s'
4.
A
Diana L. Cordray, IAMC, Clerk- surer
Richard L. S arp
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This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC.
Sponsor(s): Sharp
P a14c I2
Presented by me to the Mayor of the City of Carmel, Indiana this o4 day of 14 pV e m!e r
2011, at Q: la P.M.
Diana L. Cordray, IAMC, Clerk- urer
Approved by me, Mayor of the City of Carmel, Indiana, this o2) day of
eralot 2011, at8'•�1QM.
c-
ame$Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk -Tr
INDLibrary2 0123312.0590320 1069255v1
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This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC.
Sponsor(s): Sharp
Pa