HomeMy WebLinkAboutD-1637-03 Cum Cap Sewer RatePage One of Three Pages
Prepared By Douglas C. Haney, Carmel City Attorney
leb'msword:dJ tilts ordinances 200IW- 1639- 03.d¢0/2/
SPONSOR: Councilor Battreall
ORDINANCE NO. D- 1637 -03
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
RE- ESTABLISHING THE CARMEL CUMULATIVE SEWER FUND (CARMEL
CUMULATIVE BUILDING FUND FOR MUNICIPAL SEWERS) AND AMENDING
CARMEL CITY CODE CHAPTER 2, ARTICLE 4,
SECTION 2 -93, ACCORDINGLY
WHEREAS, Indiana Code Section 6- 1.1 -41 -2 permits the City of Carmel to re- establish a
cumulative building fund for municipal sewers and to impose a property tax for the cumulative fund;
and,
WHEREAS, it is the determination of the City of Carmel, Indiana, and its Common Council,
that a need now exists for the re- establishment of the Carmel Cumulative Sewer Fund (Carmel
Cumulative Building Fund For Municipal Sewers), pursuant to Indiana Code Section 6- 1.1 -41 -2, for
any and all uses and purposes permitted under Indiana Code Section 36- 9 -26 -2.
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 will be imposed and the revenues from the levy
will be retained in the Carmel Cumulative Building Fund For Municipal Sewers, with the maximum
rate of levy so imposed not to exceed the lesser of $1.00 per $100 assessed valuation or the highest rate
of levy allowed by law, said tax rate being levied beginning with taxes for 2003 payable 2004.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Chapter 2, Article 4, Section 2 -93, is hereby amended and, as amended, adopted into
the Carmel City Code to read as follows:
"Sec. 2 -93. CARMEL CUMULATIVE BUILDING FUND FOR MUNICIPAL SEWERS.
(a) There is hereby re- established the Carmel Cumulative 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 Carmel Cumulative Building Fund For Municipal Sewers.
Ordinance No. D- 1637 -03
Page Two of Three Pages
Prepared By Douglas C. Haney, Carmel City Attorney
[cb:neword:d: \files ordinances 3003A- 1637-03 doc7R /03]
SPONSOR: Councilor Battreall
(c) The maximum rate of levy under subsection (b) will not exceed the lesser of $1.00 per $100
assessed valuation or the highest rate of levy allowed by law, said tax rate being levied beginning with
taxes for 2003 payable 2004.
(d) The funds accumulated in the Carmel Cumulative Building Fund For Municipal Sewers will
be used for any and all purposes permitted under Indiana Code Section 36- 9 -26 -2 for the planning,
erection, remodeling, extension and repair of sewage disposal plants, sanitary and /or storm sewers, to
construct relief sewers and drains in aid of storm sewers or a sanitary system, for the payment of the
City's part of the costs of any public sewer or drainage project that lies partly or wholly within the City and
aids or is connected to the sewage collection or drainage system of the City, or otherwise.
(e) Funds accumulated in the Carmel Cumulative Building Fund For Municipal Sewers may be
spent for purposes other than those stated in subsection (d) above, provided that the purpose of the
expenditure is to protect the public health, 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 fund and files notice of such emergency declaration with the Carmel Common Council."
Section 3. The Carmel Clerk- Treasurer is hereby directed to promptly forward all applicable
proofs of publication of the public hearing held regarding this tax assessment and a certified copy of
this fully executed ordinance to the Department of Local Government Finance of the State of Indiana,
as provided by law.
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.
Section 6. The Carmel Cumulative Building Fund For Municipal Sewers established by this
Ordinance is subject to the approval of the Indiana Department of Local Government Finance.
r PASSED by the Common Council of the City of Carmel, Indiana, this 1 day of
CC' ad' 2003, by a vote of 7 ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
aser•
efficer
obert ea 1
er, President Pro 'empore
am eAtai r
Luci Sn
onald E. Carter
ATT
Diana L. Cordray, IAMC, C easurer
Presented by me to the Mayor of the City of Carmel, Indiana, this /0 day of
O'clock. M.
Diana L. Cordray, IAMC, Clerellreasurer
Approved by me, Mayor of the City of Cannel, Indiana, this eday of JU <y
2?-" O'clock,4. M.
ATTEST:
Diana L. Cordray, IAMB- Treasurer
Ordinance No. D- 1637 -03
Page Three of Three Pages
Prepared By Douglas C. Haney, Cannel City Attorney
[eb :neword:d Miles ordinances &2003W -1637 -03 dac:7 /2/03]
s Brainard, Mayor
SPONSOR: Councilor Battreall
2003, at
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