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HomeMy WebLinkAboutD-1641-03 Cum Cap Sewer RateSPONSOR: Councilor Battreall ORDINANCE NO. D-1641-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ESTABLISHING THE TAX LEVY FOR THE CARMEL CUMULATIVE BUILDING FUND FOR MUNICIPAL SEWERS AND AMENDING CARMEL CITY CODE CHAPTER 2, ARTICLE 4, SECTION 2-93, ACCORDINGLY WHEREAS, Indiana Code 6-1.1-4141 et seq. permits the City of Carmel to establish a cumulative building fund for municipal sewers and to impose a property tax ~br the cumulative fund; and, WHEREAS, in 1991, it was the determination of the City of Carmel, Indiana, and its Common Council, that a need existed for the establishment of the Carmel Cumulative Sewer · Fund (Carmel Cumulative Building Fund For Municipal Sewers), pursuant to Indiana Code 6- 1.1-41-2, for any and all uses and purposes permitted under Indiana Code 36-9-26-2; and WHEREAS, notwithstanding the above, funds accumulated in the Carmel Cumulative Building Fund For Municipal Sewers may be spent for purposes other than those uses and purposes stated herein, provided that the purpose of such expenditure is to protect the public health, welfare or safety in a declared emergency situation; and WHEREAS, an ad valorem property tax levy was imposed and the revenues from the levy were retained in the Carmel Cumulative Building Fund For Municipal Sewers, with the maximum rate of levy so imposed not to exceed the highest rate of levy allowed by law; and WHEREAS, pursuant to Indiana Code 6-1.1-41-11, once the levy has been approved, the Common Council may reduce or rescind the annual levy, if it considers it advisable; and WHEREAS, pursuant to Indiana Code 6-1.1-41-13, once the Fund is established, a property tax may be levied annually at the tax rate approved and advertised as other tax levies are advertised; and WHEREAS, for taxes due and payable in the year 2004, the tax will be levied on all taxable real and personal property within the taxing district and will not exceed $.0333 per $100 assessed valuation; and WHEREAS, this levy may change from year to year and will in future years be approved and advertised as other tax levies are approved and advertised; and WHEREAS, the Common Council has the authority to amend the Carmel Code; and, WHEREAS, the Common Council desires to amend Chapter 2, Article 4, Section 2-93 of the Carmel City Code; SPONSOR: Councilor Battreall NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. Ordinance No. D-1637-03 is hereby repealed. Section 2. Chapter 2, Article 4, Section 2-93, is hereby amended by the deletion of the language which is stricken-through and by the addition of the language which is underlined, to read as follows: § 2-93 Cumulative '~'*"~-~,,t---,-~ o~.,*-c ...... m'~. ~.~.. Building Fund For Municipal Sewers (Fund 206). (a) There is hereby r-e-established the City of Carmel Cumulative ~a~-~m4-Building Fund for Municipal Sewers. (b) An ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the City Cumulative /~--:*~1 C ...... Fzun~Building Fund for Municipal Sewers. (c) The maximum rate of levy under subsection (b) will not exceed · nc _~ e~nn ....... '~ ""~"~:~ the highest rate of levy allowed by Indiana law. (d) The rate of levy shall be determined each year by the Council and shall be approved, advertised, and adopted in the same manner as other tax levies are approved, advertised and adopted. (e) The funds accumulated in the City Cumulative ~;*-1 C ...... ~'1~ Building Fund for Municipal Sewers will be used for the planning, erection, remodeling, extension and repair of storm sewers; to construct relief sewers and drains in aid of the storm sewers; the payment of the City's part of the costs of any public storm sewer or drainage project that lies partly or wholly within the City and aids or is connected to the drainage system of the City. (f) Notwithstanding subsection (e) above, funds C~ ............. Bmld~ng accumulated in the City Cumulative ~_1+~1 C ...... rl'--~ I ' Fund for Municipal Sewers may be spent for purposes other than 2 SPONSOR: Councilor Battreall the purposes stated in subsection (e), if the purpose is to protect the public health, welfare, or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this subsection only after the Common Council issues a declaration that the public health, welfare and safety is in immediate danger that requires the expenditures of money in the fund. Section 3. For taxes due and payable in the year 2004, the levy will not exceed $.0333 per $100 assessed valuation. Section 4. All prior ordinances or parts thereof inconsistent with 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 another City ordinance does not affect any assessments or levies made or to be made under or pursuant to such other City ordinance, or any other applicable law, for any tax year(s) prior to 2003. Such assessments and levies are continued and may be imposed and enforced under such repealed or amended City ordinance as if this Ordinance had not been adopted. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. {SED by the Common Council of the City of Cannel, Indiana, this day of 2003, by a vote of . ~' ayes and f__) nays. -- ~cer f/~ · ' ' (--L~u_c~der, President-Pro T~i~pore John R. Koven ~ _ J R~onald E. Carter Wayne Wilson SPONSOR: Councilor Battreall ATTEST: Diana L. Cor~ray, IAMC, ~lerk-Treas~fi~ Pre. s, en.t~ed byme,, to tl~ Mayor of the City of Carmel, Indiana, this6~ day of 2003, at (f:~X O clock,~.M. Diana L. Cordray, IAMC, Cler -l~easurer Approved by me, Mayor of the City of Carmel, Indiana, this ~aY of_~. ,'1 2003, at .£tT~C/O'clock,~__. M. / j~e~s Br ai~d~nard, M~ay'c r~~ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Sue A. Beesley Bingham McHale LLP 2700 Market Tower 10 W. Market Street Indianapolis, Indiana 46204 4