HomeMy WebLinkAbout2009-OR-45ORDINANCE 2009-OR- ~s
AN ORDINANCE CHANGING THE CLASSIFICATION OF
THE CITY OF JEFFERSONVILLE FROM THIRD CLASS
TO A SECOND CLASS CITY PURSUANT TO INDIANA CODE
Wherefore, the City of Jeffersonville is presently classified as a Third Class City
as defined by Indiana Code 36-4-1-1;
Wherefore, the City's classification as a Third Class City predates the City's
most recent annexations;
Wherefore, beginning in 2006 the City undertook an annexation plan which
included the acquisition of a substantial number of neighborhoods and areas contiguous
to the City's existing boundaries;
Wherefore, the City's annexation efforts were completed in early 2009 and
as of the date of the presentation of this ordinance the City's boundaries have been
permanently established;
Wherefore, Indiana Code 36-4-1-1 sets forth in pertinent part that:
IC 36-4-1-1 Basis of classification.
Sec. 1. (a) Municipalities are classified according to their status and population as
follows:
STATUS AND POPULATION CLASS
Cities of 500,000 or more First class cities
Cities of 35,000 to 499,999 Second class cities
Cities of less than 35,000 Third class cities
Other municipalities of any population Towns
(b) Except as provided in subsection (c), a city that attains a population of thirty-
five thousand (35,000) remains a second class city even though its population
decreases to less than thirty-five thousand (35,000) at the next federal decennial
census.
(c) The legislative body of a city to which subsection (b) applies may, by
ordinance, adopt third class city status. As added by Acts 1980, P.L.212, SEC 3.
Amended by Acts 1981, P.L.44, SEC.37; P.L.340-1987, SEC.1; P.L.71-1997,
SEC.2; P.L.81-2004, SEC.46.
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Wherefore, pursuant to the 2000 Census conducted by the United States
Census Bureau and as confirmed by the engineering firm of Jacobi, Toombs & Lanz,
Inc., the City of Jeffersonville's census subsequent to the completion of annexation
shall be from a maximum of 47,591 to a minimum of 45,091.
Wherefore, the census of the City of Jeffersonville, pursuant to the 2000 Census
confirms that, pursuant to Indiana Code, the City of Jeffersonville can be classified as a
Second Class City as defined by Indiana law;
Furthermore, Indiana Code 36-4-1-8 provides in pertinent part that:
IC 36-4-1-8
Classification change due to population change; applicable laws
(a) Whenever the classification of a city under section 1 of this chapter changes due to a change
in the city's population, the city shall be governed by the laws applicable to its new class, except
as provided by subsection (b).
(b) The membership of a city legislative body remains unchanged until the expiration of the
terms of its members, despite a change in the classification of the city for any reason. At the
municipal election preceding the expiration of those terms, the number of members of the
legislative body required by the laws applicable to its new class shall be elected. The powers,
duties, functions, and office of an elected official of a city shall remain unchanged until the
expiration of the term of the elected official, despite a change in city classification for any
reason.As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.40;
P.L.209-1999, SEC.2.
Wherefore, pursuant to Indiana Code government in the City of Jeffersonville
shall continue to be conducted pursuant to those laws and statutes that apply to the
operation of government in Third Class Cities until January 1, 2011;
Wherefore, prior to February 1, 2011 the City Council of the City of
Jeffersonville shall establish Six (6) City Council Districts which shall be divided in a
manner that, as best as reasonable and possible, considering the existence of Census
Block, Precincts and other boundaries, are.equal in population;
Wherefore, prior to February 1, 2011 the City Council of the City of
Jeffersonville shall establish a budget for the Finance Department which shall be
designated as "Controller" for the City of Jeffersonville;
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Wherefore, prior to February 1, 2011 the City Council of Jeffersonville shall
establish a budget for the newly created elected position of Clerk of the City of
Jeffersonville;
THEREFORE, BE IT ORDAINED THAT:
1. The Jeffersonville City Council does hereby establish that the City of
Jeffersonville, Indiana shall immediately be deemed a Second Class City as
described and defined by Indiana Code;
2. The City of Jeffersonville shall be divided into six (6) council districts with
a Primary Election being held on the 1St Tuesday of May in 2011;
3. The office of Controller shall be established and a budget for the operation
thereof shall be adopted prior to February 1, 2011;
4. The elected position of "Clerk of the City of Jeffersonville" shall be
established pursuant to Indiana Code and a budget shall be adopted prior
to February 1, 2011;
5. Any and all other steps that are necessary in order to effectuate said
change shall be undertaken by the executive and legislative branches of
government in an expedient and prompt manner.
Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application
to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason,
or should any portion of this ordinance be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
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This Ordinance shall be in full force and effect from and after its passage and
approval.
Voted For:
Voted Against:
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_ ,_ --~
Passed this ~ day of , 2009.
~~~
Mayor Thomas G II'gan
Attest:
Peg ilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this day of , 2009.
Peg ilder, Clerk-Treasurer
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