HomeMy WebLinkAbout2006-OR-48
ORDINANCE No. 2006-OR-48
AN ORDINANCE DETERMINING THAT THE CITY EXECUTIVE
SHALL NOT HAVE THE AtrrHORITY TO VETO ZONING ORDINANCES
WHEREAS, IC 36-7-4-609(0) provides that the Common Council of a city is to determine by general ordinance whether
zoning ordinance and/or map changes certified by the Jeffersonville Plan CoJl1lllission and adopted by
ordinance of the Jeffersonville Common Council pursuant to the provisions onc 36-7-4-606,
IC 36-7-4-607, or IC 36-7-4-608 are subject to veto by the Mayor as the municipal executive; and,
WHEREAS, it is the position of the majority of the members of the Jeffersonville Common Council that such zoning
related ordinances are purely legislative acts and should not be subject to veto by the Mayor as the
municipal executive.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA, AS FOLLOWS:
SECTION 1. The Common Council hereby determines that zoning ordinances enacted pursuant to the provisions of
IC 36-7-4-606, IC 36-7-4-607, or IC 36-7-4-608, shall not be subject to veto by the Mayor as the
municipal executive.
SECrlON 2. Any ordinance, or parts of any ordinance, previously passed by the Common Council of the City of
Jeffersonville that may conflict with this ordinance is hereby repealed.
SECTION 3. This ordinance shall be in full force and effect following its promulgation and passage by the Common
Council of the City of Jeffersonville and approval by the May(jr~ or upon this Council's timely override of
any veto by the Mayor.
This ordinance shall be in full force and effect after passage by the Common Counell of the
City of Jeffersonville and approval by the Mayor of the City of Jeffersonville.
This ordinance was approved on its third and final reading by the
Common Council of the City of Jeffersonville this ~ of ~ .2006.
Robert L. Waiz Jr., M'ayor
Presented by me as Clerk Treasurer to the Mayor of said City of Jeffersonville this A day of ~-' 2005
~. -
F er, Clerk Treasurer Robert L. Waiz r., Mayor
Approved and signed by me this _ day of
.2008
----:J 2005
Robert L. Waiz Jr., Mayor
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
IN THE MATTER OF THE
VETO OF ORDINANCE
NO. 2006-0R-48
STATEMENT OF REASONS
Comes now the Mayor for the City of Jeffersonville, Robert L. Waiz, Jr., having
reviewed Ordinance No. 2006-0R-48, "An Ordinance determining that the City
Executive shall not have the authority to veto zoning ordinances," hereby vetoes said
ordinance and in support states the following:
1. That zoning ordinances should be subject to veto by the Mayor as all other
ordinances adopted by the Common Council;
2. That there are insufficient reasons as why zoning ordinances should be treated
differently from all other ordinances; and
3. That the Mayor should have the authority to veto zoning ordinances as an
effort to ensure the separation of powers and checks and balances.
SO VETOED ON THIS & 1:jv day of October, 2006.