HomeMy WebLinkAboutD-1611-02 Park Operating FundSPONSOR(S): Councilor Carter
ORDINANCE NO. D-1611-02.
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADDING CHAPTER 2, ARTICLE 4, SECTION 2-121 TO THE CARMEL CITY CODE
WHEREAS, Carmel City Code Chapter 2, Article 4, should be amended to add Section 2-121
thereto, which Section establishes a Nonreverting Parks And Recreation Operating Fund pursuant to I. C.
36-10-3-22(b)(1) 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
· . follows:
amended to add a new Section 2-121 thereto, whtch shall read as
"Sec. 2-121. Parks And Recreation Nonreverting Operating 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 Operating
Fund ("Parks Operating Fund") for the purpose of accounting for operating receipts and
disbursements, revenues and other monies received or made for park purposes in
connection with the City and Clay Township's joint provision of recreation programs and
facilities through the Carmel/Clay Parks and Recreation system. The monies in the Parks
Operating Fund shall be used for general maintenance, for the acquisition, repair and/or
replacement of capital improvements, for equipment, for other property, goods and
services necessary to the operation of the Carmel/Clay Parks and Recreation system,
and as otherwise permitted by law. The Parks Operating Fund shall be administered and
maintained by the City as hereinafter set forth:
(1) The funds contained in the Parks Operating 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 Operating 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 Operating
Fund; and
(3) The funds held and accounted for in the Parks Operating 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withdrawn only: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 maintaining, improving and/or operating the
Carmel/Clay Parks and Recreation system.
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Carter
(4) All property acquired from funds held in the Parks Operating 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 Operating Fund shall be distributed to
the City and to the Township based upon the City and Township's proportionate
monetary contributions to the Parks Operating Fund.
(b) The life of the Parks Operating Fund sha~l be perpetual, unless terminated by
subsequent ordinance duly enacted by the City's legislative body."
Section ~. That the remaining provisions of Carmel City Code Chapter 2, Article 4, are not
affected 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 force and effect from and after its passage and signing
by the Mayor.
's 4'~da
PASSED by the Common Council of the City of Carmel,,[ndiana, th~ ./5 y of
~ ~J/'Z ~5.~ )'" 2002, by a vote of r~ . ayes and (.9 nays.
COMMOI~ COUNCIL FOR TItE CITY~._~~
· . Ko
~ayne W~lson, President Pro Tempore ~~e~~
( ~eal' ,,/,~p` ,~ N.L. Rund .
onald E. Carter
ATTEST:
Di~nna L. Cordray, IAMC, C~l,l~Treasurer
Ordinance No. D-1611-02
Page Two of Three Pages
Prepared by Douglas C. Haney, Carmel City Attorney
[eb:msword:d:\files\ordinances~2002\d- 161 b02, as amended.doc: 12/I 1/021
SPONSOR(S): Councilor Carter
Present~ed~ by me to the Mayor of the City of Cannel, Indiana, this ~_~ day of ~
2002, at _~t~X o'clock,~_. M.
Dian~ L. Cordray, IAMC, Cle k~'reasurer
Approved byme, the Mayor of the City of Carmel, Indiana, this/~ ~day of
2002' at ~-?0 °'el°ct' ~' M' ~/,4~/
Ja~es Brainard, Mayor
ATTEST:
Ordinance No. D-1611-02
Page Three of Three Pages
Prepared by Douglas C. Haney, Carmel City Attorney