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HomeMy WebLinkAboutCC-12-03-01-01 Parks Fiscal OfficerSponsor(s): Councilor Snyder RESOLUTION NO. CC-12-03-01-01 AS AMENDED A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA REGARDING PARKS FISCAL MATTERS WHEREAS, in August of 1991 the City of Carmel, Indiana (the "City") and Clay Township, Hamilton County, Indiana (the "Township"), entered into a Park Joinder Agreement, the "Joinder Agreement"); and WHEREAS, paragraph 6.3 of the Joinder Agreement provides that the Township Trustee ~s delegated the authority to receive, disburse, and account for all revenues raised under the Joinder Agreement; and WHEREAS, paragraph 8.7 of the Joinder Agreement provides that the Township shall maintain any fund resulting from the issuance of bonds; and WHEREAS, paragraph 10.2 of the Joinder Agreement provides that the City and the Township may, by mutual written agreement, alter, change or amend the terms and conditions of the Joinder Agreement; and WHEREAS, Indiana Code 36-10-3-31 provides, in applicable part, that when a joint board of parks and recreation is formed, money appropriated by the participating units shall be deposited in a joint park and recreation board fund in the custody of the fiscal officer of the participating unit making the largest appropriation to the fund; and WHEREAS, the City is the participating unit making the largest appropriation to the joint park and recreation board fund pursuant to the Joinder Agreement and the Clerk-Treasurer is the fiscal officer of the City; and WHEREAS, on November 27, 2001 the Township adopted a substantially identical resolution in order to effect the desired alteration, change and amendment to the Joinder Agreement; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that paragraph 6.3 of the Joinder Agreement shall be altered, changed and amended to provide as follows: 6.3 The Clerk-Treasurer of the City of Carmel, Indiana, as the disbursing officer of the City, is hereby delegated the authority to receive, disburse and account for all revenues raised under this Agreement. No disbursements from any park and recreation account shall be made except as to claims approved by the Clay Township Board and the Common Council of the City of Cannel in accordance with law and with the Indiana State Board of Accounts' approved practice and procedure; and Sponsor(s): Councilor Snyder BE IT FURTHER RESOLVED that paragraph 8.7 of the Joinder Agreement shall be altered, changed and amended to provide as follows: 8.7 As the above-referenced tax is collected, it shall be accumulated and kept in a separate fund to be known as the Carmel-Clay Park District Bond Fund. The fund shall be maintained by the City and the tax shall be applied to the payment of the bonds as they mature; and BE IT FURTHER RESOLVED that upon the adoption of this Resolution the Mayor and the Clerk-Treasurer are hereby directed to execute any necessary documents to make certain that the transfer of authority and funds addressed in this Resolution is made effective on January 1, 2002. PASSED by the Common Council of the City of Carrnel, Indiana, th'sl,~f~day of December, 2001, by a vote of 7 ayes and/D- nayes. COMMON COUNCIL OF THE CITY OF CARMEL ing Officer Kev~Pro~mpore ATTEST: Diana L. Cordray, IAMC, reasurer Sponsor(s): Councilor Snyder Presented by me to the Mayor of the City of Carmel, Indiana this ~%y of December, 20m, at Diana L. Cordra;~?C, ~asurer at ~__~:7?vlv?d by me, Mayor of ~e City of C~el, hdi~a, this~Lecember, 2001, ames Diana L. Cordr , IAMC, Clerk-~easurer Prepared by: Sue A. Beesley McHale, Cook & Welch, p.c. 1100 Chamber of Commerce Bldg. 320 N. Meridian SU'eet Indianapolis, IN 46204 RESOLUTION NUMBER 11-27-2001-1 A RESOLUTION OF THE TOWNSHIP BOARD OF CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA WHEREAS, in August of 1991 the City of Carmel, Indiana (the "City") and Clay Township, Hamilton Coullty, _Indiana (the "Township"), entered into a Park Joinder Agreement, (the "Joinder Agreement"); and WHEREAS, paragraph6.3 of the Joinder Agreement provides that the Township Trustee is delegated the authority to receive, disburse, and account for all revenues raised under the Joinder Agreement; and WHEREAS, paragraph 8.7 of the Joinder Agreement provides that the Township shall maintain any fund resulting from the issuance of bonds; and WHEREAS, paragraph 10.2 of the Joinder Agreement provides that the City and the Township may, by mu~:ua! written agreement, alter, change or amem::l the ternis and conditions of the Joinder Agreement; and WHEREAS, Indiana Code 36-10-3-31 provides, in applicable part, that when a joint board of parks and recreation is formed, money appropriated by the participating units shall be deposit in a joint park and recreation board fund in the custody of the fiscal officer of the participating unit making the largest appropriation to the fund; and WHEREAS; the City is the participating unit making the largest appropriation to the joint park and recreation board fund pursuant to the Joinder Agreement and the Clerk- Treasurer is the fiscal officer of the City; NOW, THEREFORE, BE IT RESOLVED by the Township Board of Clay Township, Hamilton County, hutiana that paragraph 6.3 of the Joinder Agreement shall be altered, changed and amended to provide as follows: 6.3 The Clerk-Treasurer of the City of Carmel, Indiana, as the disbursing officer of the City, is hereby delegated the authority to receive, disburse and account for all revenues raised under this Agreement. No disbursements from any park and recreation account shall be made except as to claims approved by the Clay Township Board and the Common Council of the City of Carmel in accordance with law and with the Indiana State Board of Accounts' approved practice and procedure; and BE IT FURTHER RESOLVED that paragraph 8.7 of the Jointier Agreement shall be akered, chaqged and amended to provide as follows: Page 2 ~ Resolution Number 11-27-2001-1 8.7 As the above-referenced tax is collected, it shall be accumulated and kept in a separate fund to be known as the Cannel-Clay Park District Bond Fund. The fund shall be maintained by the City and the tax shall be applied to the payment of the bonds as they mature; and BE IT FURTHER RESOLVED that this Resolution shall be forwarded to the Council with a request that the Council adopt a substantially identical resolution in order to effect this desired alteration, change and amendment to the Joinder Agreement; and BE IT FURTHER RESOLVED that upon the adoption of this Resolution and the adoption of a substantially identical resolution by the Council, Judith F. Hagan, the Clay Township Trustee is hereby directed to execute any necessary documents to make certain that the transfer of authority and ~mds addressed in this Resolution is made effective on January 1 ,' 2002. ADOPTED this ,7)q7 ~f day of ;/~//4/.~&,~20i)1, by the Township Board of Clay Township, Hamilton County, Indiana. CLAY TOWNSHIP HAMILTON CO ,LvNTY, ~D~ANA Topwnship Board Chairman TMo~Y;p~Bd~ardMember Carl Mills Judith F. Hagan Township Board Secretary Trustee