HomeMy WebLinkAboutD-751 Economic Devel.CommissionORD ' mqCF. NO. D;7S'I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA AMENDING CHAPTER 2,, ARTICLE 1, SECTION 2-5, OF THE CARMEL CITY CODE BY THE INCLUSION OF SUBSECTIONS ( a ) THROUGH ( i ) ENTITLED "CARMEL ECONOMIC DEVELOPMENT COMMISSION." WHEREAS, the State of Indiana has, pursuant to Indiana Code ~ 36-7-12-1, et seq. (the "Act"), empowered municipalities to establish a department of economic development controlled by a commission; WHEREAS, the Act provides for the identification of opportunities to promote and foster business and employment development through the financing of various economic development, water and pollution control facilities; WHEREAS, the Common Council, of the City of Carmel, Hamilton County, Indiana, now finds that a need exists, and deems it to be in the best interest of the City and its citizens to finance and foster economic development; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: Section I. Chapter 2, Section 2-5 of the Carmel City Code is hereby amended to read as follows: (a) The Common Council of the City of Carmel hereby establishes a Department of Economic Development (hereinafter "Department") to be controlled by a three (3) member commission which shall be known as the "Carmel Economic Development Commission" (hereinafter the "Commission"). (b) The Common Council shall appoint one (1) member of the Commission, the Mayor of Carmel shall appoint one (1) member of the Commission and the Hamilton County Council shall appoint one (1) member of the Commission. The length of the terms of the Commissioners are established pursuant to statute. (c) Commissioners shall be paid a per diem of Thirty-Five Dollars ($35.00) per regular or special meeting attended, except for annual organizational or reorganizational meetings, and shall be reimbursed for travel, telephone and other expenses incurred by the Commissioners in the performance of their duties. Such payments shall be provided from the operating funds of the Department. (d) The nominating authority shall make their nominations in the manner prescribed by law and the Mayor shall furnish certificates of appointment for each person appointed and such appointees shall qualify as required by law. (e) The Commission shall meet within thirty (30) days after its creation and shall, at that first meeting, elect a president, vice president and secretary and shall immediately undertake the duties imposed by law. The Commission shall hold Ireorganization meetings during February of each year and the Commission and its members shall have all the powers and duties conferred and imposed by the Act and this Ordinance and by amendments to either. The Commission may adopt such by-laws and rules as are not prohibited by law and as are found desirable to facilitate the conduct of its business and the accomplishment of its purposes. (f) Any Commissioner having a financial interest in, or having been employed by, any firm or corporation contracting or negotiating with the Commission shall disclose his interest to the Commission and such disclosure shall be made a part of the records of the Commission. No Commissioner shall vote on any matter in which he has a financial interest. (g) The Commission shall be authorized to assess and collect an application fee from economic development Applicants, at the time of initial or bond-refunding applications, pursuant to the rules and regulations of the Commission. The fee may be up to one percent of the principal amount of the application, not to exceed Ten Thousand Dollars ($10,000.00) per application, as amended from time to time by statute. The Commission may elect to establish a reduced fee structure for bond-refunding applications. (h) The application fees, as collected, shall be deposited in an Economic Development Commission account maintained by the Secretary-Treasurer of the Commission, who shall prepare an annual report to the Mayor, Clerk-Treasurer, Common Council, State Board of Accounts and Commission regarding deposits and expenditures to and from the account, and who shall also be bonded in an amount equal to the average annual receipts of the Commission. Any and all funds deposited in the Common Council Promotion Fund at the date of passage of this Ordinance, which were collected by the economic development commission which was abolished by Ordinance No. D-641, shall be transferred back to the custody and control of the Commission. (i) Expenditures from the account shall be made following adoption of a resolution by the Commission authorizing payment of expenses for operation of the Commission, economic development and promotion and such other expenses as are authorized by I.C. 36-7-12-1, et seq., such expenses not to exceed Two Thousand Dollars ($2,000.00) per item without Common Council approval. Notwithstanding the foregoing sentence, the Mayor shall have the right, at the Mayor's discretion, to require the Common Council to approve expenditures from the account in excess of One Dollar ($1.00). Section II. All prior Ordinances, resolutions or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section III. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. THIS I ~4 DAY 1992. *eMidingOfficer ATTEST: ~ S n W. Jones, ' Ctcr~/Trcasurcr Dated: / ~ day of ~-~ , ~ana ATTEST: 0121R -2- , 1992