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HomeMy WebLinkAboutD-1760-05 City Food/Beverage Tax FundSPONSOR(S): Councilor Kevin Kirby ORDINANCE NO. D-1760-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ IMPOSING A CITY OF CARMEL MUNICIPAL FOOD AND BEVERAGE TAX WHEREAS, the Governor of the State of Indiana has sought the cooperation and assistance of Boone, Hamilton, Hancock, Henclricks, Johnson, Morgan and Shelby Counties (the "Surrounding. Counties"), and the municipalities contained therein, in the financing of the construction of a world-class convention center and stadium facility in Indianapolis, Indiana (the "Project"); and WHEREAS, the Indiana General Assembly has recognized that the Surrounding Counties and the municipalities contained therein face unique and distinct challenges and opportunities related to the Project; and WHEREAS, the Indiana General Assembly, through the passage of HEA 1120-2005, has recognized that a unique approach is required to ensure that the Surrounding Counties and the municipalities contained therein have sufficient revenue sources to allow them to meet challenges and opportunities related to the Project; and WHEREAS, Indiana Code 6-9-35-3, as added by HEA 1120-2005 (the "Act") authorizes the Carmel Common Council to adopt an ordinance imposing a municipal food and beverage tax (the "Carmel Municipal Food and Beverage Tax") on transactions described in Indiana Code Sections 6-9-35- 8 and 6-9-35-9, as added by the Act (the "Food and Beverage Transactions"), that occur anywhere within the City of Carmel, Indiana (the "City"); and WHEREAS, the Act provides that the rate of the Carmel Municipal Food and Beverage Tax shall be one percent (1%) of the gross retail income received from Food and Beverage Transactions, and that the amounts received pursuant to the Food and B6verage Tax (the "Food And Beverage Tax Revenues") are to be paid monthly by the State Treasurer to the City's fiscal officer; and WHEREAS, the Act requires the City's fiscal officer to establish a "food and beverage tax receipts fund" (the "Tax Fun. d") and to deposit therein the Fpod and Beverage Tax Revenues. and any interest earned thereon; and WHEREAS, the Act requires such monies as are deposited in the Tax Fund to be used for the purposes set forth in lC 6-9-35-14, as added by the Act (the "Tax Funded Projects"); and WHEREAS, the Common Council desires, in compliance with and pursuant to the Act, to: (i) impose the Carmel Municipal Food and Beverage Tax on all Food and Beverage Transactions that occur within the City; (ii) establish a Tax Fund and deposit therein all Food And Beverage Tax Revenues and all interest earned thereon; and, (iii) use the monies contained in the Tax Fund for Tax Funded Projects. Page One of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney [AACr5/r7/05 9.'$4 a.m.I SPONSOR(S): Councilor Kevin Kirby 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. The Carmel Municipal Food and Beverage Tax is hereby imposed on all Food and Beverage Transactions occurring anywhere within the City at the rate of one percent (1%) of the gross retail income from such Food and Beverage Transactions. Section 3. The Carmel Municipal Food and Beverage Tax shall apply to all Food and Beverage Transactions occurring after the last day of the month succeeding the month in which this Ordinance is adopted. Section 4. There is hereby established a Tax Fund to be known as "The Municipal Food and Beverage Tax Fund," into which the Clerk-Treasurer shall deposit all Food And Beverage Tax Revenues and all interest earned thereon. Section 5. Pursuant to Indiana Code 6-9-35-13, as added by the Act, the Clerk-Treasurer shall be responsible for maintaining the Tax Fund and for depositing therein the Food And Beverage Tax Revenues and any interest earned thereon. Section 6. The Clerk-Treasurer, as Clerk to the Common Council, shall, upon passage of this Ordinance, immediately send a certified copy of same to the Commissioner of the Department of State Revenue. Section 7. If either the Marion County city-county council does not adopt all of the ordinances required to be adopted by it under Indiana Code 5-1-17-25 on or before June 30, 2005, or the Hamilton County Council does not adopt an ordinance imposing a food and beverage tax on or before June 30, 2005, this Ordinance shall no longer be in effect. Section 8. All City ordinances or parts thereof incofisistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. Section 9. 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 Com~cil in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section 10. This Ordinance shall become effective upon proper passage, signing by the Mayor and such publication as is required by law. Ordinance D-1760-05 Page Two of Three Pages Prepared by Bouglas C. Haney, Carmel City Attorney [AACTS/r?/05 9:34 SPONSOR(S): Councilor Kevin Kirby -~*. PASSED by the Common Council of' the City of Carmel, Indiana, this ~'~ day of  2005, by a vote of ~ ayes and ~ nays. ,~ COMMON COUNCIL FOR THE CITY OF CARM~N~_ .~"""~_ P~,s(ding O~-~ cer ~ ,//Jofie~~G. riffiths // - ~ dan ayo nald Mar attem F~ck ~er / Richm'd L. Sha¢ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me tot, Joe Mayor of' the City of Carmel, Indiana, this o~ ~ day of ".'J, 2005, att', ~-'~ O'clock, ~'~ .M. Diana L. Cordray, 1AMC, Clerk-Treasurer App,roved by me, Mayor o~he City of Carmel, Indiana, this ¢~ day of ~ 200"at /'~"~-- O'c'°ck' 'V 'M' /JCu-- ~. ' / Jam/es Brainard, Mayor ..... ~ ~ATT~ES~:J ~/ M.~ Di,qna L. Cordray, IAMC, Clerk-Treasurer Ordinance D-1760-05 Page Three of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney £AACT 5/~Z/05 9:$4 a.m.] Cky of Carmel Office of the Clerk-Treasurer June 30, 2005 Commissioner Joe Eckart Indiana Department of Revenue State Office Building 302 W. Washington Street Indianapolis, Indiana 46204 Dear Commissioner Eckart: I have enclosed a certified copy of Ordinance D-1760-05 which was adopted by the Carmel Common Council on June 28, 2005. This ordinance enables the City of Carmel to collect a one per cent (1%) Food and Beverage Tax pursuant to IC 6-9-35-14. If you should have any questions, please contact me at 571-2414. Carmel Clerk Treasurer ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2414