HomeMy WebLinkAboutD-1570-02 Est Deferral Fee FundSPONSOR(S): Councilor Battreall
ORDINANCE NO. D-1570-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ESTABLISHING AN ORDINANCE VIOLATION DEFERRAL PROGRAM FEE FUND
WHEREAS, the City of Carmel, Indiana, pursuant to Indiana Code Section 34-28-5-1, has
established an Ordinance Violation Deferral Program ("Deferral Program"); and
WHEREAS, the City Attorney administers the Deferral Program and sets the Deferral Program
user fees; and
WHEREAS, Deferral Program fees are collected by the Carmel City Court and currently
deposited in the City's User Fee Fund ("Fund 210"); and
WHEREAS, Fund 210 also has deposited therein unrelated alcohol and drug service fees,
pretrial diversion program fees and law enforcement continuing education program fees; and
WHEREAS, it is prudent and efficient to create a separate fund into which Deferral Program
fees alone are deposited.
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. Carmel City Code Chapter 2, Article 4, Section 2-111 should be and the same is
hereby created and shall read as follows:
"Sec. 2-111. Deferral Fee Fund.
(a) There is established a City of Carmel Ordinance Violation Deferral Program Fee
Fund ("Deferral Fee Fund").
(b) The Deferral Fee Fund shall be funded by and used for the purposes provided by
applicable law, with all monies therein being properly receipted and disbursed.
(c) The Deferral Fee Fund shall be administered by the fiscal officer of the City.
(d) The Deferral Fee Fund shall consist solely of City ordinance violation deferral
program fees, as and to the extent the same are authorized by law to be collected
by the Clerk of Court, plus any interest earned thereon as allowed by law.
(e) The life of the Deferral Fee Fund shall be perpetual, unless terminated by
subsequent ordinance duly enacted by the City legislative body.
Page One of Three Pages
Prepared by Douglas C Haney, Carmel City Attorney
SPONSOR(S): Councilor Battreall
(f) In the event the Deferral Fee Fund is terminated, all unexpended funds maintained
therein shall be distributed to the City and deposited in the General Fund."
Section 3. Chapter 2, Article 4, Section 2-97(d)(4) only of the Carmel City Code is hereby
deleted in its entirety. The remaining provisions of City Code Section 2-97 are not affected by this
Ordinance and remain in full force and effect.
Section 4. All prior ordinances or parts thereof inconsistent ~vith any provision of this
Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this
Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect
any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of
this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed
and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted.
Section 5. Should any provision or portion of this Ordinance be declared by a court of
competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so
long as they can, without the invalid provision, be given the effect intended by the Common Council in
adopting this Ordinance. To this end, the provisions of this Ordinance are severable.
Section 6. This Ordinance shall become effective upon proper passage, signing by the Mayor
and such publication as is required by law.
) PASSED by the Common Council of the City of Carmel, this ,,~'/tJday of
~ 0~/ ) ,2002, by a vote of ~ ayes and ~ Indniaa~;.'
W-ayn~ A. bVil~, PreVsident
,,,,,,"l~-ald E~ Ca~er'-- -
Diana L. Cordray, IAMC, Cler/k-~reasurer
Ordinance No. D- 1570-02
Page Two of Three Pages
N. L. R,,undle,~ N
Prepared by Douglas CHaney, Carmel City Attorney
SPONSOR(S): Councilor Battreall
Presented
the~_day of
b%Mayor
of the City of Carmel, Indiana, at c'~D07'-ff-4Co'clock
2002.
Diana L. Cordray, IAMC, Clerk-T~/O/surer
m. on
~:.~proved by me, the Mayor of the City of Carmel, Indiana, at fi2 .¢ o o'clock /'qt. m. this
o~/ day of /'~/ ,2002.
JC'nes Brainard, Mayor
Diana L. Cordray, IAMC, Cie-Treasurer
Ordinance No. D~ 1570-02
Page Three of Three Pages
Prepared by Oouglas C. Haney, Carmel City Attorney