HomeMy WebLinkAboutD-1613-02 Park Capital FundSPONSOR(S): Councilor Cadet
ORDINANCE NO. D-1613-02
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADDING CHAPTER 2, ARTICLE 4, SECTION 2-122 TO THE CARMEL CITY CODE
WHEREAS, Carmel City Code Chapter 2, Article 4, should be amended to add Section 2-122
thereto, which Section establishes a Nonreverting Parks And Recreation Capital Fund pursuant to I. C. 36-
10-3-22(b)(2) and other applicable law.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1: The foregoing Recitals are fully incorporated herein by this reference.
Section 2: That Chapter 2, Article 4 of the Carmel City Code should be and the same is hereby
amended to add a new Section 2-122 thereto, which shall read as follows:
"Sec. 2-t22. Parks And Recreation Nonreverting Capital Fund.
(a) The City, pursuant to the request of the Carmel/Clay Parks and Recreation
Board ("Park Board"), hereby establishes a Nonreverting Parks And Recreation Capital
Fund ("Parks Capital Fund") for the purpose of accounting for such monies as are
appropriated by the fiscal body of the City or Clay Township for the purpose of acquiring
specified real property, making specific capital improvements, or as otherwise permitted
by law. The Parks Capital Fund shall be administered and maintained by the City as
hereinafter set forth:
(1) The funds contained in the Parks Capital Fund shall be received and
deposited therein from the City, from Clay Township, and from all other lawful
sources, in accordance with applicable law; and
(2) The funds contained in the Parks Capital Fund shall be accounted for
and maintained separate and apart from all other City funds, and shall be invested
with the interest earned thereon deposited into the Parks Capital Fund; and
(3) The funds held and accounted for in the Parks Capital Fund shall be
withdrawn only:
a) Upon proper appropriation by the legislative body of the City;
b) Upon written agreement between the City and Clay Township
authorizing such expenditure; and
c) For the purpose of acquiring land, making specific capital
improvements or as otherwise permitted by law in connection with
the Carmel/Clay Parks and Recreation system.
Page One of Three Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Carter
(4) All property acquired from funds held in the Parks Capital Fund shall
be titled in the name of the Park Board; and
(5) At such time as the City and the Township terminate their joint
administration of the Carmel/Clay Parks and Recreation system, all unexpended
funds maintained or contained in the Parks Capital Fund shall be distributed to the
City and to the Township based upon the City and Township's proportionate
monetary contributions to the Parks Capital Fund.
(b) The life of the Parks Capital Fund shall be perpetual, unless terminated by
subsequent ordinance duly enacted by the City's legislative body."
Section 3. That the remaining provisions of Carmel City Code Chapter 2, Article 4, are not
affecte~ by this Ordinance and remain in full force and effect.
Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as
enforcement of same can be given the same effect.
Section 5. This Ordinance shall be in full fome and effect from and after its passage and signing
by the Mayor.
~a of
~ PASSED by the Common Council o,f the City of Carmel, Indiana, this /60 [t y
~ 2002, byavoteof 7 ayesand 0 nays.'
COMMON COUNCIL FOR THE CITY OF CARMEL,
,~4Y~idingOfficq'N~ , . h ,-. K~~
Wayne ~on'~, res/ident Pro Tempore /~,~. K~y~
k/ot~;Battr'eal~ -" ~.L. R~dle ~ I
~onald E. Carter - bu~gc~nyaer u/ ·
ATTF~T: .
~iana L. Cordray, IAMC, C~rreasurer
Ordinance No. D- 1613-02
Page Two of Three Pages
Prepared by Douglas C. Haney. Carmel City Attorney
SPONSOR(S): Councilor Carter
Pr~e~/[~ed by me to the Mayor of the this/; day of
2002, at _/5~fg~5' o'clock~ M. City of Carmel, Indiana, . ~-~k4~
Diana L~IAMC, ~l~er asurer
Approve~d b,y me, the Mayor of the City of Carmel, Indiana, this _ day of 257~c~.~.~
2002, at t~"$,.~-- o clock, ~ M.
j~es~l ainard,//M~a ~ c r/ff~~t~
ATTEST:
Diana L. Cordray, IAMC, Clerk-lS~easurer
Ordinance No. D-1613-02
Page Three of Three Pages
Prepared by Douglas C. Haney, Carmel City Attorney
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