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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: