HomeMy WebLinkAboutD-1640-03 Cum Cap Dev. RateSPONSOR: Councilor Battreall
ORDINANCE NO. D-1640-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, ESTABLISHING THE TAX LEVY FOR THE CITY OF CARMEL
CUMULATIVE CAPITAL DEVELOPMENT FUND AND AMENDING CARMEL CITY
CODE CHAPTER 2, ARTICLE 4~ SECTION 2-91 ACCORDINGLY
WHEREAS, Indiana Code 6-1.1-41-1 et seq. and 36-9-15.5-1 et seq. permit the City of
Carmel to establish a cumulative capital development fund and to impose a property tax for 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 Capital
Development Fund, pursuant to Indiana Code 6-1.1-41-2 and 36-9-15.5-2, for any and all uses
and purposes permitted under Indiana Code 36-8-14 for fire department buildings and equipment
and police radio equipment, under Indiana Code 36-9-16-2 for public buildings and rights of
way, under Indiana Code 36-9-16-3 for public ways and sidewalks, sewers, utilities, parks and
recreation, police and fire equipment, bond retirement and public transportation, under Indiana
Code 36-9-16.5 for public ~vays and sidewalks, under Indiana Code 36-9-17 for the general
improvement of streets, alleys, sidewalks, curbs, gutters, drains and sewers, under Indiana Code
36-10-3-21 and/or Indiana Code 36-10-4-36 for parks, recreation and culture, and under Indiana
Code 36-9-15.5-2 for any and all other uses and purposes for which property taxes are authorized
to be imposed; and
WHEREAS, notwithstanding the above, funds accumulated in the Carmel Cumulative
Capital Development Fund 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 City Cumulative Capital Development Fund, with the maximum rate of
levy so imposed not to exceed the highest rate of levy allowed by Indiana 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 $.05 per $100
assessed valuation; and
SPONSOR: Councilor Battreall
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 2-91
of the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. Ordinance No. D-1638-03 is hereby repealed.
Section 2. Chapter 2, Article 4, Section 2-91, of the Carmel City Code is hereby
amended by the deletion of the language which is stricken-through and by the addition of the
language which is underlined, they read as follows:
§ 2-91 Cumulative Capital Development Fund (Fund 211).
(a) There is hereby r-e-established the City of Carmel
Cumulative Capital Development Fund.
(b) . An ad valorem property tax levy will be imposed
and the revenues from the levy will be retained in the City
Cumulative Capital Development Fund.
(e) The maximum rate of levy under subsection (b) will
not exceed ~ la ~A. e~ ....... ~ -'~"~+:^~ the highest rate of
levy allowed by Indiana law.
(d) The rate of levv shall be determined each ?ear 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
Capital Development Fund will be used for purposes permitted
under I.C., 36-9-16, for capital improvements; for any purposes
permitted under I.C., 36-9-16.5, for public ways and sidewalks; for
any purposes permitted under I.C., 36-9-26, for sewers; for any
purposes permitted under/.C., 36-9-17, for general improvement;
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SPONSOR: Councilor Battreall
for any purposes permitted under I.C., 36-8-14, for firefighting
building and equipment and police radios; for any purposes
permitted under I.C., 36-10-4-36, for parks; and for any purposes
permitted under/.C., 36-9-16-2 for public buildings and rights-of-
way.
(f) Notwithstanding uses permitted under subsection
(e) above, funds accumulated in the cumulative capital
development fund may be spent for purposes other than those
purposes stated in subsection (e), provided that the purpose of the
expenditure is to protect the public heath, welfare or safety in an
emergency situation which demands immediate action. Funds may
be spent under the authority of this subsection only after the Mayor
issues a declaration that the public health, welfare or safety is in
immediate danger that requires the expenditure of money in the
funds and files notice of such emergency declaration with the
Carmel Common Council.
Section 3. For taxes due and payable in the year 2004, the levy will not exceed $.05 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 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. Those assessments
and levies are continued and shall be imposed and enforced under such repealed or amended City
ordinance as if this Ordinance had not been adopted.
Section 4. 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.
_,~,/~ASSED by the Common Council of the City of Carmel, Indiana, this ~4~ day of
2003, by a vote of ~ . ayes and. ~ nays.
SPONSOR: Councilor Battreall
COMMON COUNCIL FOR THE CITY OF CARMEL,
Presidi',ng-~c er / I~vi~irlff' /
C~.S~nyder, p~ic~ent Pr~empore Jo~ R.~ov%t/j
~ Ro~ ~eall
~onald E. C~er Wa~e Wilson
ATT~ST:
Diana L. Cordray, IAl~C,~k-Treasurer
Presented by me to th.e Mayor of the City of Carmel,~indiana, this c~ day of.
2003, at ~'~//g' O'clock,/~. M. (~i /~ ~ ~
Diana L. Cordray, IAMC, ~/?reasurer
d~9°v~d00~y, a?~' 5~YcTorc~:/~h, hCity of Carmel, Indiana, this ~ ~day of
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J~ifies Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, ~Treasurer
Prepared by: Sue A. Beesley
Bingham McHale LLP
2700 Market Tower
10 W. Market Street
Indianapolis, Indiana 46204
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