HomeMy Public PortalAbout006-1990- ORDINANCE ENACTING A REVISED CODE OF GENERAL ORDINANCORDINANCE NO. 6- 1990
AN ORDINANCE ENACTING A REVISED CODE OF GENERAL ORDINANCES FOR THE CITY OF
RICHMOND, INDIANA, RE -CODIFYING, RENUMBERING, REVISING AND RE -ARRANGING SECTIONS
OF THE CODE OF GENERAL ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY, ADDING
NEW MATTER AND REPEALING VARIOUS ORDINANCES.
WHEREAS, the present Code of General Ordinances of the City of Richmond is inadequately
arranged in regard to titles, topics, and subject matter, some sections being now
insufficient in form and substance for the proper preservation of the public
peace, health, safety, and welfare of the City and for the proper conduct of its
affairs, and said Code of General Ordinances being unsupplemented and, therefore,
not current for a few years; and
WHEREAS, In the interest of certainty with respect to ordinance provisions and to comply
with law it is deemed necessary forthwith to publish such recodification,
renumbering, revision and rearrangement of said ordinances in book form as the
Revised Code of General Ordinances; and
WHEREAS, It is necessary to provide for the usual daily operation of the municipal
departments, and for the immediate preservation of the public peace, health and
safety that this ordinance take effect at an early date; now, therefore,
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY RICHMOND:
Section 1. REVISION AND RECODIFICATION._
The general and permanent ordinances of the City are revised, rearranged,
recompiled and renumbered as to Section into the following component Titles: I -
General Provisions; III -Administration; IV -Central Purchasing; V-Public
Works VI -Economic Development; VII-Traffic; IX -General Regulations; XI -
Business Regulations; XIII-General Offenses; XV-Land Use.
b 0I- 0P1t0a�9 �Ii 0 a 0 1f Fi k,1:�.J
A. The general and permanent ordinances for the City of Richmond, so
revised, rearranged, recompiled and renumbered as to Section and recodified,
in form the same as that on file in the office of the City Clerk bearing number
the same as this Ordinance, are hereby approved adopted, and enacted, and the
same shall be printed and published in book form in the manner provided in
Section 12 hereof as the Revised Code of General Ordinances of the City of
Richmond, Indiana, and when so printed, published and assembled in book
form and certified as correct by the City Clerk, shall be admitted in evidence
and accepted by the courts and all persons as to the existence, effectiveness
and regularity of all enactments so published in said book form, as of the
effective date designated herein.
B. One copy of the Revised Code of General Ordinances, upon certification as
to the correctness thereof in such book form by the City Clerk shall be kept
in its initial form on file in the Office of the City Clerk and retained as
permanent ordinance record of the City.
Section 3. EFFECTIVE DATE,
The Revised Code of General Ordinances, consisting of the various titles as
hereinbefore and therein designated, and all provisions thereof, shall take effect
and be in force, at, on and after 12:01 A.M. o'clock, Eastern Standard Time, on
the day of December 3rd, 1991.
Section 4. OTHER AMENDMENTS AND -SUPPLEMENTS.
The Revised Code of General Ordinances may be amended or supplemented at any
time and, when any amendment or supplement is adopted in such form as to
indicate the intention of this Commission to make the same a part thereof, such
amendment or supplement shall be incorporated in, and deemed a part of, the
Revised Code of General Ordinances so that any reference to the Revised Code of
General Ordinances shall be understood and construed as including the Revised
Code of General Ordinances, and any and all such amendments and supplements
thereto.
•;u • _u_►eu_►1 •;
All amendments and supplements enacted as a part of the Revised Code of General
Ordinances shall be integrated therewith by following the form of arrangement
and plan hereby and therein adopted. Each title shall be sub -divided into
chapters, and each chapter shall be sub -divided into sections.
Section 6. HOW KNOWN AND CITED
This Adopting Ordinance, the Revised Code of General Ordinances of The City of
Richmond, Indiana, hereby adopted and any and all amendments and supplements
which may be adopted as hereinbefore provided, as any such may exist from time
to time, shall be known and referred to as the Revised Code of General
Ordinances, and any component title of the Revised Code of General Ordinances
shall be known and referred to either as "the code", or as designated in Section 1
hereof, and sections of the Revised Code of General Ordinances may be referred to
and cited in the form "R.C.G.O.", as may be applicable and appropriate to any
section or sections.
Section 7. MASTERCOPY,
The City Clerk, in addition to the book form copy in its initial form to be kept on
file in his or her office pursuant to Section 2 hereof, shall keep a complete
master copy in book form, and in connection therewith or attached thereto in
such form and manner as he or she may determine to be most easily available for
most easy reference, a copy of all amendments and supplements bearing such
title, chapter or section designations as may be proper. If in doubt as to such
designation, the City Clerk shall be guided by the advice of the City Attorney.
Section 8. INTERPRETATION.
A. In the interpretation of any provision of the Revised Code of General
Ordinances, or of any ordinance amending or supplementing the same, general
terms, phrases, and expressions therein shall be liberally construed so as to
carry out the intent and meaning of this Commission, and shall have the
meaning commonly ascribed thereto, unless a different meaning is required
by the context or to give effect to such ordinance.
B. The headings of sections contained in the Revised Code of General
Ordinances shall be printed in all capital letters and are to be deemed to be in
the nature of "catch words", and in case of conflict between such heading and
the contents of any section, the contents of the section shall control,
notwithstanding such headings.
Section 9. SEPARABILITY.
Each section and each part of each section of the Revised Code of General
Ordinances is hereby declared to be an independent section or part of a section
and notwithstanding any other evidence of legislative intent, it is hereby declared
to be the controlling legislative intent that if any such section or part of a
section, or any provision thereof, or the application thereof to any person or
circumstances, is held to be invalid, the remaining sections or parts of sections
and the application of such provision to any other person or circumstances, other
than those as to which it is held invalid, shall not be affected thereby, and it is
hereby declared to be the legislative intent that the Revised Code of General
Ordinances would have been adopted independently of such section, sections, or
part or parts of section so held to be invalid.
The Revised Code of General Ordinances contains all of the provisions of a general
and permanent nature pertaining to the subjects therein enumerated and
embraced. All prior ordinances, parts of ordinances and sections of the Code of
General Ordinances in force on December 2,1991_1 which are incorporated in
or pertain to the subjects enumerated and embraced in the Revised Code of
General Ordinances of The City of Richmond- are hereby repealed as of 12:01
AM, o'clock, Eastern Standard Time, on the 3 day of December, 1991. ,
Section 13. For the reasons stated in the preamble hereof, this ordinance is declared to be an
emergency measure and shall take effect and be in force from and after 12:01
A.M. o'clock, Eastern Standard Time, December 3, 1991.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this 2nd
day of December 199'1.
President of Common Council
5-MR-2 WHEWWWWWWORM27
PRE ENTED by me to the Mayor of the City of Richmond, Indiana this day of
,1991.
City VGIerk
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this/Zday
of
d �v 1991
Mayor
ATTEST:
City Cle
Section 11. PRIOR ORDINANCES NOT AFFECTED BY REPEAL
The repeal of ordinances and Code of General Ordinances sections as provided in
Section 10 hereof shall not affect:
( 1 ) All ordinances of a temporary or special nature, and all other ordinances
pertaining to subjects not enumerated and embraced in the Revised Code of
General Ordinances;
(2) Any offense or act committed or done or any penalty or forfeiture
incurred, or any contract or right established or accruing before the end day of
December, 1991_
(3) Any ordinance or resolution, promising or guaranteeing the payment of
money to or by the City, authorizing the issuance of any bonds or notes of the City
or any other evidence of the City's indebtedness, or any contract or obligation
assumed by the City;
(4) The administrative ordinances or resolutions of this Council not in
conflict or inconsistent with the provisions of the Revised Code of General
Ordinances;
(5) Any right or franchise conferred by any ordinances or resolution of this
Council to any person or corporation;
(6) Any ordinance naming, relocating or vacating any street or public way, or
any ordinance identifying stop streets at intersections, one-way streets or any
other traffic regulations;
(7) Any ordinance levying or imposing taxes, assessments, or charges;
(8) Any ordinance fixing salaries, wage rates, fringe benefits or other
emoluments or compensation of city officers and employees;
(9) Any prosecution, suit or other proceeding pending, or any judgment
rendered on or prior to the 2nday of December, 1991.
Section 12. PUBLICATION,
A The City Clerk having caused the Titles of the Revised Code of General
Ordinances with their component chapters and sections to be printed, and
having assembled all of such Titles as the Revised Code of General ordinances
of The City of Richmond, Indiana, for certification as correct by the City
Clerk, shall have on file one such complete set of the Revised Code of General
Ordinances in its initial form with this Adopting Ordinances as provided in
Section 7. The City Clerk shall deliver such complete set of the component
titles to the Mayor, the Directors or Heads of City Departments and Agencies
and to the Judges and Clerk of the Courts of Wayne County in such numbers as
the City Clerk and such administrative and judicial officials shall agree to be
in accordance with their needs, a complete set being furnished to each
member of this Council.
B. The City Clerk is authorized to sell to the public to the extent they are not
needed by the City organization, the complete set of books comprising the
Revised Code of General Ordinances, separately by volume, or by the
component title, as well as supplements hereafter published, at such prices
as the City Clerk may from time to time determine, considering overhead,
handling and other related costs of the City. The City Clerk is also authorized
to exchange copies of the Revised Code of General ordinances with other cities
extending like courtesy to The City of Richmond.
C. The City Clerk shall prepare and distribute periodically, the amendments
and supplements to the Revised Code of General Ordinances, which shall be
prepared and published no less than once per year insofar as is possible and
practicable.
°F RIcy� INTER -OFFICE MEMO
ti 2
* j * CITY OF RICHMOND
'!.. ,{,�,♦.j{�' 50 NORTH rIFTH ST •. RICHNON O, INDIANA 47374
NV ANC
February 2, 1990
DATE., Common Council; Mayor; and BOW
TO: Bruce Metzger, City Attorney ,zU l,—
FROM: Council Questions of January 19, 1990
SUBJECT- File
COPY TO
At the January 19, 1990, meeting of the Common Council, I was asked
essentially two questions. Does the City Attorney have the power to
remove ordinances that are deemed invalid from .the City Code, and
second, is the current fact-finding ordinance valid?
The City Attorney has no power to remove an ordinance from the City
Code An ordinance may be removed only when it has been repealed by the
Common Council,
The current fact-finding ordinance, as amended in 1984, is invalid
because it is contrary to the statutory scheme of municipal government
as set forth in Title 36 of the Indiana Code. It is my understanding
that the Common Council was advised of the invalidity of the fact
finding ordinance in 1985. I am enclosing a copy ,of Ken Barden's
memorandum on the subject. Ken's memo objects to Sub -section H, which
provided that the findings of the fact-finding panel would become
binding unless modified or rejected by a two-thirds vote of the entire
membership of the Common Council.
The executive of the City government shall have the power to sign all
contracts on behalf of the City and to supervise subordinate officers.
I.C. 36-4-5-3. The annual compensation shall be fixed by ordinance by
the legislative body. I.C. 36-8-3-3. A majority vote is required to
pass the ordinance. I.C. 36-4-6-12. The ordinance is contrary to the
statutory scheme by taking statutorily conferred powers away from the
executive. Additionally, it takes away statutorily conferred powers
away from the legislative body by permitting an ordinance to be passed
with less than a majority of Council. Case law holds that a, Council may
not delegate its legislative powers.
Common Council; Mayor and BOW
February 2, 1990
Page Two
A city may exercise a power to the extent that it is not contrary to the
constitution or statute. See I.C. 36-1-3-5. Because the ordinance
interferes with the statutory procedure concerning the supervision of
employees, the signing of contracts, and the fixing of annual
compensation, the ordinance is invalid.
DISPOSITION OF ORDINANCE NO. �, -199 D
RESOLUTION NO. -199
by Common Council
Drdinance No. (-
Resolution No. _
Elstro
Lundy
Brookbank
Hankinson
McBride
Parker
Morris
Paust
Hutton
Date 2 9 0
Susp. rules Ist read
Title only
-------------------------
Seconded
------
----------
---------
--------
--------------
------
------
Proof of Publicaton
Seconded
Move to 2nd read
-------------------------
Seconded
------
--- -------------------------------------------------------
Engrossment
-------------------------
v
Seconded
------
----------
---------
--------
--------------
------
------
Susp rules 3rd read
-------------------------
Seconded
------
----------
---------
c-�
--------
--------------
------
------
Passage
Rejection p
Date Passed /a
COMMITTEE ASSIGNMENTS:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS: