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City of Gary, Indiana
Council Pending Ordinance 2010-48
Recodification Project
Overview


 

I. BRIEF OVERVIEW

Beginning in 2006, Gary City Clerk Suzette Raggs started the task of recodifying the Code of Ordinances for the City of Gary. The last Code was adopted by the Gary Common Council in 1989. This project, which has been conducted with the cooperation of the Common Council and Law Department, essentially is intended to update the City Code by including ordinances of a general and permanent nature that have been adopted by the Council since 1989 and through September 9, 2009. Currently, the Council has been presented with an adopting ordinance for the 2010 Gary City Code of Ordinances.

II. Recodification Process

The Gary City Clerk contracted with Municipal Code Corporation ("MCC"), one of two major professional codifying companies, to provide the service of recodifying Gary's Code of Ordinances. MCC has performed codification services since 1951 for major cities in all 50 States, including 30 cities in Indiana alone.

As previously state, the recodification process has not occurred in Gary, Indiana for 21 years. The standard for a municipality the size of Gary, Indiana would be to recodify once every five years.

To begin this daunting task, the Clerk's staff provided MCC with copies of every ordinance adopted by the council during the period of 1989 through September 9, 2009. MCC and the Clerk's attorney went through the process of reviewing all ordinances submitted to MCC to determine which of the ordinances met the following criteria for inclusion in the new code:

  • Is the ordinance of a general and permanent nature?
  • Has the subject matter of the Ordinance been superseded by Indiana Law?
After applying this analysis, MCC proceeded with preparing a draft of the new code which included full red-lined, strike-through text. Next, the Clerk's office and the administration engaged in an interactive process of reviewing the draft of the code. This process led to the product we have today.

III. Adoption and Future Publication

Currently, the Council has before it Council Pending Ordinance 2010-48. The Ordinance will satisfy the statutory requirement of Council adoption of the Gary City Code. All ordinances included in the code will be repealed upon the effective date of the ordinance, which is two weeks after publication, and replaced by the new codified version of the same law. All ordinances adopted by the Council during the period September 10, 2009 and December 31, 2010 will be included in the first supplement to the code which is schedule for publication in January 2011. The code should be supplemented annually thereafter until the next recodification in approximately 2015.

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