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HomeMy WebLinkAbout327748 07/20/18 CITY OF CARMEL, INDIANA VENDOR: 358787 \. ONE CIVIC SQUARE CURRENT PUBLISHING CHECK AMOUNT: $*******208.45* CARMEL, INDIANA 46032 30 S RANGELINE ROAD CHECK NUMBER: 327748 CARMEL IN 46032 CHECK DATE: 07/20/18 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1701 4345500 42109 208.45 PUBLICATION OF LEGAL VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ALLOWED 20 ACCOUNTS PAYABLE VOUCHER Vendor# 358787 CURRENT PUBLISHING IN SUM OF$ CITY OF CARMEL 30 S RANG ELI N E ROAD An invoice or bill to be properly itemized must show:kind of service,where performed,dates service rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. CARMEL, IN 46032 Payee $208.45 ON ACCOUNT OF APPROPRIATION FOR Purchase Order# Clerk Treasurer Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 42109 43-455.00 $208.45 1 hereby certify that the attached invoice(s), or 7/10118 42109 LEGAL NOTICE 15683: ORD D-2427-18 $208.45 1701 101 1701 101 bill(s)is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Wednesday,July 11, 2018 Quinn, Jacob Deputy Clerk of City Business I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 ,20— Cost 20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer urease oetacn top.portion and returnwith your payment. ANVOICE'. ----- Current Publishing LLC Clerk-.Treasurer s Office Carmel City Hall Invoice'No:42109 • 7/3/2018; p AtlSize SubTotal S i3$alesTax Amount' Date Order Descri tion' ,, 7/3/2018 15683. CIC Legal Notice/Gov-CIC:Legal Notice-OPO:Legal Notice*504 $208.45 Llne,3-col-Ordinance No.D-2427-18-Jacob Quinn-7/3 Sub Total: $208.45 Total Transactions: 1 Total: $208.45 SUMMARY . Advertiser No. 3894 Invoice No. 42109 Invoice Amount $208.45 Tear Sheets 1. A fee of 1.5%will be imposed on all balances past due. Please make:checks payable to: Current:Publishing We appreciate your business! ORDINANCE NO.D-2427-18 ` AN ORDINANCE OF THE COMMON COUNCIL CITY OF CARMEL,INDIANA, AMENDING CHAPTER 4.ARTICLE I.DIVISION III,SECTION 26 OF THE CARMEL CITY CODE - - VersiomB - - . Synopsis:Amends background check requirements forvendors exemption and time limitation provisions for solicitation:acttvity - WHEREAS,the City of Carmel,Indiana("City")has the power and (e)A License fee,in accordance with section 4=26(b)(3). is served thereon,may by Written request made and delivered to '- authority;pursuant to Indiana Code§36-8-24and its general police (3)A License and a non-transferable identification card shall be the Chief of Police within such time period,appeal sucti action to r - powers,to regulate conduct on and the use of property in order td protect issued to a Vendor by,the Chief of Police,or his designee,after the Carmel Board of Public Works and Safety("Board").If a timely public health,safety,and welfare;and:. the approval of such Vendor's Application and the payment of a .:appeal is not made,the decision of the Chief of Police is final.If.a WHEREAS,Chapter 4,Article I,Division III,Section 26 of the License fee.The License fee shall be$15 for a 10-day License, timely appeal is made,the Board shall hear the appeal at a public Carmel City Code regulates door-to-door solicitation within the corporate $90 for a 120-day License,or$180 for a 1 year License.Upon :' hearing which shall begin no more than 20 days from the-date of boundaries of the City;and receipt of a License,a Vendor must also purchase from the Carmel the receipt of the appeal request by the Chief of Police.The Board WHEREAS,the Common Council of the City of Carmel,Indiana,now Police Department,at the cost of$3 each,non-transferable shall issue its written decision on the appeal no more than 10 days finds that it is the public interest:to update its door-to-door solicitation identification cards for each employee agent of Vendor listed from the ending:date of the:hearing:thereon,which Board decision. policy and procedures and to create a City"No-Knock"list for.residents on Vendor's Application and for whom the Chief of Police has _ shall be final. - of the City who do not want commercial solicitation on their pvate confirmed has no felony or misdemeanor conviction within 10 years -(4).No Application,_License or identification card fees shall be property; _, _ _. .. of Vendor's Application date for a crime of dishonesty,fraud,theft ..returned or refunded upon the revocation of a License and/or.. 'WHEREAS,these amendments to Section 4-26 of the Carmel 'and/or moral turpitude. - identification card issued pursuant to this Section,all such monies City Code streamline the process for commercial solicitors to obtain a (4)The decision as to whether an Application is approved or being deemed forfeited. -- City door-lo-door solicitation permit and further the City's objective of denied shall be made by the Chief of Police within 10 days from the (e)Penalties. - protecting the health,safety and welfare of City residents,as well as the date:the Application is submitted to the Cartel Police Department (1)Any:person who engages in Door-to-Door Solicitation in - right of City residents to enjoy privacy,quiet,and repose on their private for processing. violation of this Section shall be subject to a fine of$400 for each property,while also protecting the First Amendment right of commercial "(5)Vendor,and each of Vendor's employees and agents,shall such violation,each day in which said.violation occurs constituting solicitors to,subject to reasonable time,place,and manner restrictions, openly display upon his or her person the identification card issued a new offense. engage in the in-person solicitation of potential customers. by the Carmel Police Department whenever engaging in Door-to- (2)The City may seek a temporary and)or permanent restraining NOW,THEREFORE,BE IT ORDAINED by the Common Council of - Door Solicitation. - order against any Vendor and/or any employee or agent thereof in. - ... the City of Carmel,Indiana,as follows: - (6)If,while any Application is pending,or during the term of any any court of competent jurisdiction. Section 1•The foregoing.Recitals are fully incorporated herein by this License granted thereon,.there is any substantial change in fact,. (3)The-Citps remedies hereunder shall be cumulative and pursuit_ reference. policy or method that would materially aker:eny of the information of one remedy shall not preclude the pursuit of others under this: - Section .Carmel City Code Section 4-26-is hereby amended and set forth in the Application,the applicant shall notify the Police section or otherwise. - - shall read as follws: - - Chief,in writing,of the same within seventy-two(72)hours of (4)Willful or intentional disregard of this Section shall,to the full - "(a)Definitions.Whenever used in this Chapter,the following:words .- Vendor's notice of such change.If an applicant or licensee fails ::extentpermitted by law,entitle the City to-collect from the:violator .. and phrases'shall be defined as:herein stated below. to so notify the Police Department,any License issued to the the City's attorney fees,court costs,litigation expenses;and all Door-to-Door Solicitation:Shall include all methods and means_ applicant and/or Vendor shall be suspended and/or revoked other reasonable costs and expenses incurred in obtaining a of selling commercial.products,services or property within the pursuant to Section 4-26(d),below. restraining order and/or any other enforcement remedies against.. corporate limits of the City of Carmel,Indiana Carmel,Indiana (c)Restrictions on License/Doer-to-Door Solicitation. - same.,' ("City").by and through uninvited in-person solicitation of persons -(1)Door-to-Door Solicitation by Vendors may only be conducted in (f)Severability clause.If any paragraph,sentence or other part of- located on residential property. the City between the hours of 9:00 a.m.and dusk,local time. this Section shall,for any reason,be adjudged invalid by any court - Vendor.Any,person,partnership,corporation,company, :(2)Subject to earlier revocation,pursuant to this Section,a _ofcompetentjudsdiction,such judgment shall not affect,impairor organization or entity who is engaged in the selling,peddling, License,as well as any identification card(s)issued therewith,shall :invalidate the remainder of this section,but shall be confined in its merchandising or brokering of products,services_or property to the' be valid for exactly 10 days,exactly 120 days,or exactly 365 days,--" operation to the paragraph,sentence or other part thereof which general public for a commercial purpose: as applicable,from the date the License or identification card is - - is directly_involved in the controversy in which sucti judgment is (b)Licensing. - -- - - issued,and shall thereafter immediately expire and become null rendered: - (1)Any Vendor who desires to engage in Door-to-Door Solicitation and void. .(g)Effect and scope.The adoption of this Section by the City, . -.shall first obtain from the Carmel Police Department a non- .. (3)Vendor,and Vendor's employees and.agents,shall:comply with .and the licensing of any.Vendor hereunder,shall not constitute. ... transferable Door-to-Door Solicitation license("License")permitting all applicable federal,state and local laws and regulations while .an endorsement or approval of the cause,goads,property and/or such activity by Vendor and/or-by Vendor's employees and/or engaging in Door-to-Door Solicitation.The issuance of a License .services represented or provided by,nor the product of any person agents.. and identification card does not empower a Vendor or any of a - engaged in Door-to-Door Solicitation within the City's corporate limits. (2)The Carmel Police Department shall provide to any person, Vendor's employees and agents to ignore"no solicitation"signs - or otherwise." . . . . ... upon request,a Door-td-Dilor Solicitation Vendor:application form or to fail to immediately abide by:otherwise lawful requests to not Section 3.The remaining provisions of Carmel City Code Sections _ ("Application")to be completed by a Vendor and submitted to the trespass on private property. 4-26 are not affected by this Ordinance and shall remain in full force Cartmel Police Department for review and approval by the Chief of .:.(d)License revocation or deniat and effect. Police,or his designee.The Application shall require.the Jollowing: .(1)If the Chief.of Police determines that one or more of the. ection 4.All prior ordinances or parts thereof inconsistent with any -(a)Information about the Vendor and the Vendors business,the following apply to a Vendor and/or to any employee or agent of a provision of this Ordinance are hereby repealed,to the extent of authority of the Vendor to transact business within the State of- Vendor who applies for a License or who is involved in Door-to- such inconsistency only,as of the effective date of this Ordinance, :Indiana,and the nature of the Vendor's proposed Door-lo-Door Door Solicitation,then the Chief of Police shall deny the Application such repeal to have prospectiveeffectonly.However,the repeal or Solicitation. and/or revoke an issued License and/or identification card(s) amendment by this Ordinance of any other ordinance does,not affect - (b)The Application shall require a Vendor to list the nameof relating thereto,as applicable under the circumstances: any rights or liabilities accrued,penalties incurredor proceedings every employee and agent who will be involved in Door-to-Door - (a)Vendor ties subrimitted an Application that contains materially begun prior to the effective date of this Ordinance.Those rights, Solicitation pursuant to a License issued to the Vendor under false or misleading information; liabilities and proceedings are continuedand penalties shall be this Section,and the Vendor shall affirm thereon that none of the (b)Vendor,or an employee or agent of the Vendor,has been, imposed and enforced under such repealed or amended ordinance as same has a felony or misdemeanor conviction within 10 years within 10 years prior to the date of Vendor's Application .if this Ordinance had not been adopted. oftheapplication date for a crime of dishonesty,fraud,theft,. submission date,while an Application is being processed,or Section 6.If any portion of this Ordinance is for any reason declared to: violence,and/or moral turpitude. after an Application has been approved,convicted of a felony be invalid by a court of competent jurisdiction,such decision shall not - (c)Each Vendor,and each employee and agent of said Vendor or misdemeanor crime of dishonesty,fraud,theft and/or moral affect the validity of the remaining portions of this Ordinance so long as who is involved in Door-to-Door Solicitation pursuant to a License - .turpitude; - - enforcement of same can be given the same effect- issued to the Vendor under this Section,shall also provide a (c)Vendor or of Vendor's employees or agents has Violated Section 6.This Ordinance shall be in full force and effect from and after valid government issued photo ID and signed release authorizing : this Section; - : =:­ . :: the date of its passage and signing b the:Mayorand such publication - 9 P 9 9 P 9 9 9 YP the Carmel Police Department("CPD")to run a criminal history, (d)Vendor or any of Vendors employees or agents has failed to as required bylaw. report on the same.For each employee and/or agent requiring_ property display his or her identification card.while engaged in , .PASSED by the.Common Council of the City of Cannel,Indiana,this a criminal history report,.the Vendor shall pay a.non-refundable. Door-to-Door Solicitation; .. .18th day of June,2018,by a vote of 6 ayes and 0 nays. .. - criminal history report fee of$20 to off-set the costs of obtaining (e)Two or more written and swom complaints have been COMMON COUNCIL FOR THE CITY OF CARMEL;INDIANA the criminal history report on such individual by the CPD. delivered to the Cannel Police Department regarding allegedly Kevin D.Rider,President Sue Finkam(Not Present) Juvenile employees and agents of a Vendor shall also provide a untruthful orit.legal conduct concerning Vendor or Vendor's Jeff Worrell,Vice-President Anthony Green - copy of their work permit as issued by the Stale of Indiana.If any i employees or agents during his/her Door-to-Door Solicitation; Laura D.Campbell: - H.Bruce Kimball Vendor,or any employee or agent of said Vendor who is named (f)Vendor or any of Vendor's employees or agents has contacted :Ronald E.Carter ' - - in the Application is found to have a felony or misdemeanor a resident in violation of this Section, ATTEST.Christine S.Pauley,Clerk-Treasurer conviction within 10 years of the Application date for a crime (2)All License and/or identification card denials/revocations shall Presented by me to the Mayor of the City of Carmel,.Indiana this 18th of dishonesty,fraud,theft,violence and/or moral turpitude,the be in writing,shall state.thereon the effective date of the denial/ day of June 2018,at 8:00 P.M. . Chief of Police may require said Vendor,employee or agent to .revocation and the reason for same,and shall be served by U.S. Christine S.Pauley,Clerk-Treasurer deliver an official copy of any records reasonably related to such -.- certified mail or by personal service on.Vendor at Vendor's address Approved by me,Mayor:of the City of Carmel,Indiana,this 22nd day of conviction. - - - - - - as contained in the Application. - June 2018,at 11:45 A.M. - -_- - (d)The name,address and telephone number of the Vendor's (3)Any Vendor,within 20 days from the date on which notice of :James Brainard,Mayor contact person. - such Uicense and/or identification card denial or revocation notice -ATTEST:Christine S.Pauley,Clerk-Treasurer- - - Cwm � �1�� C�� C7zciwrv— CG 0/zo%:Ivq Alei5 IV& Y97—r HER'SAF PUBLIS FIDAVIT. State:oflndiana :. SARAH M.GREENBERG Notary Public-teal SS: State:ot Indiana. — Hamilton County ) Hamilton county My Commission Expires Dec 28,2021- .. Personally appeared before me,-a notary public in and for said county and state,the undersigned Brian Kelly who,being duly sworn;:says that:he is Publisher of Current in Carmel newspaper of general.circulation printed and published in the English. language:in the city.of.Carmel iri state and county afore-said,andahat the printed matter.attached hereto is a.true copy,which was duly published in said paper for one:(1)time(s),the date(s).of publication being as followss 7/3/16as _. .. . _ . Subscribed and sworn to before me this July 3,2018. _ . _ .. . Not ry Publi _. . . Mycommission expires: I�� /. Z� Publisher's Fee:$20.8.45 _. . _. . . . . _. .. . _. . .