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HomeMy WebLinkAboutCC-09-21-20-01 State Income Tax Set-Off SPONSOR(S): Councilor Campbell This Resolution was prepared by Benjamin J. Legge, Assistant Corporation Counsel, and Douglas C. Haney, Corporation Counsel, on April 29, 2020 at 3:18 PM. No subsequent revisions have been reviewed or approved. RESOLUTION CC 09-21-20-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AUTHORIZING PARTICIPATION IN THE INDIANA DEBT SET-OFF PROGRAM Synopsis: This resolution authorizes the City to participate in the Indiana debt set-off program. WHEREAS, Indiana Code Chapter 6-8.1-9.5 authorizes the City of Carmel (“City”) to enter into a debt set-off program (“Set-Off Program”) administered by the Indiana Department of State Revenue (“Department”) in order to identify persons who owe monies to the City and to set-off all or a portion of that debt against their Indiana income tax refund; and WHEREAS, Indiana Code Chapter 6-8.1-9.5 authorizes the Association of Indiana Counties, Inc., (“AIC”) to act as the Indiana Local Government Debt Set-Off Clearinghouse (“Clearinghouse”) and, in that role, to: (i) compile and consolidate debts owed to the City in a format consistent with the Department's requirements for the set-off of tax refunds; (ii) act as an intermediary between the City and the Department with respect to the Set-Off Program; and, (iii) submit an application for the set-off of tax refunds to the Department on behalf of the City; and WHEREAS, in order to participate in the Set-Off program, the City must to enter into a memorandum of understanding and agreement (“MOU”) with the Clearinghouse, a copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, it is prudent and in the public interest for the City to now enter into the Set-Off Program and to execute the MOU and such other documents as are necessary for it to do so. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Common Council approves of the City participating in the Set-Off Program under and pursuant to Indiana Code Chapter 6-8.1-9.5 and the attached MOU Agreement. Section 3. This Resolution shall become effective upon its passage and execution by the Common Council and the Mayor as required by law. [remainder of page intentionally left blank] Resolution CC 09-21-20-01 Page One of Two Pages DocuSign Envelope ID: 00A8582C-2437-4BCB-8A8D-1D5ED5AE7FBD SPONSOR(S): Councilor Campbell This Resolution was prepared by Benjamin J. Legge, Assistant Corporation Counsel, and Douglas C. Haney, Corporation Counsel, on April 29, 2020 at 3:18 PM. No subsequent revisions have been reviewed or approved. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of __________, 20___, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ __________________________________ Laura D. Campbell, President H. Bruce Kimball ___________________________________ __________________________________ Sue Finkam, Vice-President Miles Nelson ___________________________________ __________________________________ Adam Aasen Kevin D. Rider ___________________________________ __________________________________ Anthony Green Jeff Worrell ___________________________________ Timothy J. Hannon ATTEST: ___________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ________________ 20___, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ___________________ 20___, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Resolution CC 09-21-20-01 Page Two of Two Pages DocuSign Envelope ID: 00A8582C-2437-4BCB-8A8D-1D5ED5AE7FBD 2:45 September A P 20 0 September 9 21st 11:30 20September23rd 22nd 20