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HomeMy WebLinkAboutResolution CC 10-07-19-01 Public Safety Access Point Tax Sponsors: Councilors Worrell,Carter,Kimball,and Rider RESOLUTION CC 10-07-19-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL APPROVING AN INCREASE TO THE LOCAL INCOME TAX RATES FOR HAMILTON COUNTY,INDIANA Synopsis: Approves amending the local income tax rates for Hamilton County,Indiana to pay the costs of a Public Safety Access Point("PSAP")in Hamilton County,Indiana. WHEREAS, the Local Income Tax Council may adopt a Public Safety Income Tax Rate of one- tenth of one percent (0.1%) and all of the revenue from the Public Safety Income Tax Rate may be dedicated to paying the costs of a Public Safety Access Point ("PSAP") in Hamilton County pursuant to Indiana Code 6-3.6-6-8; and WHEREAS, the Common Council of the City of Carmel, Hamilton County, Indiana ("the Council") desires to vote to approve Ordinance No. LIT-2019-1, an Ordinance Amending the Local Income Tax Rates for Hamilton County, Indiana; and, WHEREAS, the Council has caused a Notice of Public Hearing to be published and has caused copies of the Notice of Public Hearing to be sent to all taxing units in Hamilton County more than ten (10)days prior to the public hearing; and, WHEREAS, in accordance with Indiana law, the public hearing was held on Resolution No CC 10-07-19-01,to approve Ordinance No. LIT-2019-1,on October 7, 2019, at 6:00 P.M. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Cannel, Hamilton County, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. A duly noticed public hearing was held on the proposed local income tax rate modifications described in Ordinance No. LIT-2019-1 (Exhibit A), on October 7, 2019, at 6:00 P.M. A Notice of the Public Hearing was published pursuant to Indiana Code 5-3-1 and copies of the Notice were sent to all taxing units in Hamilton County pursuant to Indiana Code 6-3.6-3-7(d). Section 3. The Common Council of the City of Cannel, Hamilton County, Indiana hereby finds that a need now exists to modify the local income tax rates in the following way: Allocation Rate Category Existing LIT Rate Proposed LIT Rate Local Income Tax 1.0% 1.0% Public Safety Access Point Rate 0.0% 0.1% (Indiana Code 6-3.6-6-2.5) TOTAL PROPOSED RATE 1.1% Resolution CC 10-07-19-01 Page One of Three Pages This Resolution was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on September 26,2019 at 12:22 p.m. No subsequent revision to the Resolution has been reviewed by Mr.Legge for legal sufficiency or otherwise. Sponsors: Councilors Worrell,Carter,Kimball, and Rider Section 4. Local Income Tax Council's Ordinance No. LIT-2019-1 is hereby approved pursuant to and in accordance with the terms of this Resolution. Section 5. All revenues from the Public Safety Local Income Tax shall be used to pay the costs of the Hamilton County PSAP, as provided in Indiana Code 6-3.6-6-8. Section 6. The local income tax rates proposed above shall become effective on January 1, 2020. Section 7. This Resolution shall be of full force and effect from and upon its adoption and in accordance with Indiana law and a copy of this Resolution, the Proof of Publication, and Proof of Mailing shall be provided to the Hamilton County Auditor, upon passage. Resolution CC 10-07-19-01 Page Two of Three Pages This Resolution was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on September 26,2019 at 12:22 p.m. No subsequent revision to the Resolution has been reviewed by Mr.Legge for legal sufficiency or otherwise. Sponsors: Councilors Worrell,Carter,Kimball,and Rider SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this 7 lay of d , 2019,by a vote of ayes and nays. 4 N COUNCIL FOR THE CITY OF C L øt4LLdø Jeff W. ( ,'resident Anthony een ,:„1,__,___0(„6 . Laura D. Campbell, Vice-Presid t H. Bru Ki hall , -;7_,,ajog.,4C(. / nald E. Carter Kevin D. Rider t oni .. .L.__ iii S �. i , r / (v . , ,..At Chri• Me S. Pauley,C - k-Treasurer NPresented by me to the Mayor of the City of Carme a this o day of its 2019, at // --4.M Christine S. Paul , Clerk-Treasurer C' Approv d by me, Mayor of the City Carmel, Indiana, this gt day of CC,o,W' 2019, at y RM. lmeio,,,yt s Brainard, Mayor r.:/j, // `Christine S. Pauley, Clerk-Trea rer Resolution CC 10-07-19-01 Page Three of Three Page This Resolution was prepared by Benjamin J.Legge,Assistant Corporation Counsel,on September 26,2019 at 12:22 p.m. No subsequent revision to the Resolution has been reviewed by Mr.Legge for legal sufficiency or otherwise. EXHIBIT A ORDINANCE NO.LIT-2019-1 AN ORDINANCE AMENDING THE LOCAL INCOME TAX RATES FOR HAMILTON COUNTY,INDIANA WHEREAS, the Local Income Tax Council of Hamilton County ("the Tax Council")adopted a county option income tax under Indiana Code 6-3.5-6(repealed), which tax was in effect on January 1,2015; and, WHEREAS,a local income tax council may adopt a local income tax rate of one-tenth of one percent(0.1%)("the Public Safety Tax Rate")and may dedicate all of the revenue from the tax rate ("the Public Safety Revenue")to pay the costs of a Public Safety Access Point("PSAP")pursuant to Indiana Code 6-3.6-6-8; and, WHEREAS, the Public Safety Revenue must be distributed directly to Hamilton County to be budgeted and appropriated by the Hamilton County Council; and, WHEREAS, the Public Safety Revenue shall be maintained in a separate dedicated county fund and used only for paying for the expense of a PSAP in Hamilton County; and, WHEREAS,the required number of members of the Tax Council now desire to amend the local income tax rates to add one tenth of one percent(0.1%)increase in the local income tax rate of Hamilton County to be collected for the purposes of paying operating costs and the costs of acquiring and maintaining real and personal property for a Hamilton County PSAP; and, WHEREAS,in accordance with Indiana law,the members of the Tax Council who cast a vote in favor of an Ordinance amending the local income rates within a County,must hold a duly noticed public hearing on the proposed increase of the local income tax rate. NOW THEREFORE, BE IT ORDAINED,by the required members of the Hamilton County,Indiana,Local Income Tax Council as follows: Section 1. The required members of the Tax Council hereby find that a need now exists to modify the local income tax rate imposed upon residents of Hamilton County to add a Public Safety Tax Rate of one tenth of one percent(0.1%)to be used only to pay the costs of a PSAP. This modification will amend the Hamilton County local income tax rate as follows: Existing LIT Proposed LIT Allocation Rate Category Rate Rate Local Income Tax 1.0% 1.0% Public Safety Tax Rate 0.0% 0.1 (Indiana Code 6-3.6-6) TOTAL PROPOSED RATE 1.1% Section 2. The local income tax rates proposed above shall become effective on January 1, 2020, and shall remain in place until amended or repealed. Section 3. A duly noticed public hearing was held by the members of the Tax Council on the dates shown on the attached Resolutions. Proper Notice of the Public Hearings, which included a copy of this Ordinance, were published pursuant to Indiana Code 5-3-1 and copies of the Notice were provided to all taxing units in the County. Section 4. All of the Public Safety Revenue shall be paid to Hamilton County to be deposited in dedicated funds or accounts to be budgeted,appropriated, and used to pay all or part of the following: a. Salaries and wages of all Hamilton County employees of the Hamilton County Communications Department, including those benefits paid to Hamilton County Employees pursuant to the Hamilton County Personnel Policy. b. Costs of constructing and maintaining any buildings or equipment used by Hamilton County to provide E-911 services, and other public safety communication services, to and from the County PSAP, and to and from, any Hamilton County public safety agency. c. The proportional part of the utilities and maintenance costs for the part of the Hamilton County Sheriff Offices and Jail Complex used for the Hamilton County Communication Department, and any other building or structure used for a PSAP. d. The costs of the maintenance, acquisition, and replacement of all software, necessary and desirable for the operation of PSAP services, including all licensing fees. e. The costs of the maintenance and/or replacement of all towers and related equipment, which are used as part of the Hamilton County Communication system. f. The costs of purchase and maintenance of equipment used primarily for public safety communications by police, fire, and other public safety agencies within Hamilton County. g. Deposits into a sinking account to be used to fund future repairs or replacement of equipment or buildings of the Hamilton County PSAP. h. Lease payments to pay the costs of new or replacement equipment of the Hamilton County PSAP. i. Lease payments or bond payments to fund the costs of acquisition, construction, or rehabilitation of buildings, structures, or real estate to be used as a new or replacement PSAP. Section 5. The Hamilton County Communication Operations Board shall prepare and recommend the annual budget for Public Safety Revenues and review and recommend all contracts and agreements to be funded by Public Safety Revenue. The membership of the Hamilton County Communication Operations Board shall be as follows: a. The Hamilton County Sheriff. b. A member of the Board of Commissioners, or the Board's designee. c. The Mayor of Carmel, or his designee. d. The Mayor of Fishers or his designee. e. The Mayor of Noblesville or his designee. f. The Mayor of Westfield or his designee. g. A voting Representative of Sheridan, Cicero, Arcadia, and Atlanta ("the Small Towns") chosen by a vote of designated representatives of the Small Towns. This representation of the Small Towns shall be subject to annual vote of the Small Towns. Section 6. This Ordinance shall be of full force and effect from and upon its adoption of Resolutions approving this Ordinance by more than fifty percent (50%) of the vote of the members, which votes are allocated in 2019 as follows: MEMBER PERCENT YAY City of Carmel 29.11 City of Fishers 28.95 City of Noblesville 17.40 City of Westfield 12.34 Hamilton County 8.90 (outside corporation limits) Town of Cicero 1.61 Town of Arcadia .56 Town of Atlanta .24 Town of Sheridan .89 TOTAL 100 Section 7. All of the Public Safety Revenue shall continue to be used for the Hamilton County PSAP until this Ordinance is rescinded or amended. Section 8. The Resolutions of over fifty percent(50%)of the members of the Tax Council are attached. ALL OF WHICH IS ORDAINED by a majority vote of the members of the Hamilton County Local Income Tax Council. CERTIFICATION Robin M. Mills,being duly sworn upon her oath,alleges as follows: 1. I am the duly elected and acting Auditor of Hamilton County, Indiana. 2. Attached hereto are the copies of the Resolutions of members of the Hamilton County Local Income Tax Council approving an increase in the Hamilton County Local Income Tax Rate of one-tenth of one percent(0.1%) and approving Ordinance LIT-2019-1, which have been received by my office. Robin M. Mills,Auditor Hamilton County, Indiana STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Subscribed and sworn to before me, a Notary Public this day of September, 2019, personally appeared the within named Robin M. Mills, Auditor of Hamilton County, Indiana, and acknowledged the certification of the attached document. WITNESS my hand and official seal. Notary Public, Residing in Hamilton County, IN My Commission Expires: CERTIFICATION The undersigned (% hg 426 as Clerk-Treasurer of the City of Cannel, Hamilton County,Indiana, certifies as follows: 1. I am the duly acting Clerk-Treasurer of the City of Cannel, Hamilton County, Indiana. 2. In my capacity as Clerk-Treasurer, I am the custodian of the books and records of the City of Carmel, Hamilton County, Indiana. 3. Attached is a full and complete copy of Resolution CC No. 10-07-19-01, which was passed by the 0 Comm. ..1 ouncil of the City of Cannel,Hamilton County, Indiana, on the J T day of ,201 . Litizet4, , % f ( t Clerk-Treasur r,City of Carmel, amilton County, Indiana DA