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HomeMy WebLinkAboutOrdinance Violations - Share Revenue INTERLOCAL AGREEMENT FOR THE CITY OF CARb~I, '"This Inte~local Agreement is entered into among the City of Carmel, Indiana,.the Clerk2Treasurer of the City of Carmel, Indiana, the Clerk of the Carmel City Court, the Prosecuting Attorney of Hamilton County, Indiana, the Clerk of Hamilton County, Indiana, the Auditor of Hamilton County, Indiana, and being approved by the Hamilton Cqunty Counci>.~ ,The purpdse of~ the Agreement~-~fd~ and sh~r~ revenue among ' ' s~cce the parties through the~-., ssful collection of judgments and/or fines and costs assess~d_aga~npt~ Xviolators of ordinances of~the~Cit~-~a~mel. 1. This Agreement shall be in effect after the date of signing by all the parties until notice of termination is given pursuant to this Agreement. 2. Any party to this Agreement may terminate the Agreement upon writ- ten notice to all parties not less than ninety (90) days before such ter- mination is desired. Said termination may be either partial or complete. Upon complete termination of this Agreeme.t, all monies left owing shall become immediately due and payable. 3. The Prosecuting Attorney of Hamilton County agrees to prosecute alleged violations of ordinances of the City of Carmel on behalf of the City of Carmel. 4. If the Prosecuting Attorney of Hamilton County, a law enforcement agency or other city agency files an alleged ordinance violation in the Hamilton County Court the following shall be the procedure: The City of Carmel does now hereby authorize the Clerk of Hamilton Cdunty, and the Clerk d63s now agree to collect all costs, fees, judgments and/or fines which arise out of a judgment concerning a violation of an ordinance of the City of Carmel. B. The Clerk of Hamilton County agrees to pay all judgments and/or fines to the City of Carmel which are collected for violations of ordinances of the City of Carmel. Further the Clerk, pursuant to statute (I.C. 33-19-5-3), agrees to pay '~ to the Auditor all costs and/or fees which ar,e~coll~cted for .......... --vf~l~i~J °f-o~d~n~n~es ~f' th~ ~ity of Carmel. The Auditor hereby agrees to pay, pursuant to statute, the amount of all fees and/or costs which are collected under I.C. 33-19-5-2(a) in Hamilton County, to the City of Carmel. If fifty percent (50%) or more of all ordinance violations which are filed by the City of Carmel are filed in the Circuit, Superior or County Court located in Hamilton County, and further, based on the population of the City of Carmel, compared with the other communities who qualify for payment pur- suant to statute. The Hamilton County Auditor agrees to make such payment semi-annually and any and all other costs or fees not paid pursuant to this agreement or statute shall be retained by either the Hamilton County Auditor or the Hamilton County Clerk as either the county share of such money, or for distribution pursuant to statute. PAGE ONE OF FOUR PAGES The City of Carmel agrees to certify to the Hamilton County Auditor one month prior to the semi-annual distribution of monies that they have filed at least fifty perceut (50%) of their ordi- nance violations in the Hamilton County Circuit, Superior or County Court of Hamilton County. Of the funds received and forwarded to the City of Carmel by the Auditor of Hamilton County, the Clerk-Treasurer of the City of Carmel shall pay fifty percent (50%) of such funds received to the Hamilton County Prosecuting Attorney in considera- tion for services of the Prosecuting Attorney in processing and prosecuting alleged violations of ordinances of the City of Carmel. Such payment to ~he Hamilton County Prosecuting Attorney shall be made payable to the Treasurer of Hamilton County and recorded in the Hamilton County Auditor's Office under the Prosecutor's fund entitled "Prosecution of City Ordinances". 5. If the Prosecuting Attorney of Hamilton County, law enforcement agency or other city agency files the alleged ordinance violation in the Carmel City Court the following shall be the procedure: A. All costs, fees, judgments and/or fines shall be collected by the Clerk of Carmel City Court. The Clerk of the Court of the City of Carmel shall semi- annually distribute to the State Auditor for deposit in the State general fund fifty-five percent (55%) of the amount of all fees and/or Court costs collected arising out of a violation of an ordinance of the municipal code of the City of Carmel. That concerning the remainder of all costs, fees, judgments and/or fines of the Clerk of the City Court of Carmel shall pay such sums to the Clerk-Treasurer of the City of Carmel and the Clerk-Treasurer of the City of Carmel shall either retain such funds as the cities share of such monies, or to be distributed pursuant to statute. Be The Clerk-Treasurer of the City of Carmel shall distribute fifteen percent (15%) of the amount of costs or fees collected for violations of the City of Carmel ordinances to the County Auditor as the county share of such monies collected once each month. The Clerk-Treasurer of the City of Carmel shall retain all judgment or fines and thirty percent (30%) of all of the costs or fees collected for violations of the City of Carmel ordinances, on behalf of the City of Carmel for Services in processing such alleged violations. D. Concerning the thirty percent (30%) of all costs or.fees retained by the City of Carmel, the Clerk-Treasurer of the City of Carmel shall pay fifty percent (50%) of such funds received to the Hamilton County Prosecuting Attorney in ._ ~consideration for.ser~ices~of the Prosecuting Attorney in processing and prosecuting the alleged violation of ordinances of the City of Carmel. Such payment shall tie made payable to the Treasurer of Hamilton County and recorded in the Hamilton County Auditor*s Office under the Prosecutor's fund entitled "Prosecution of City Ordinances". The Clerk-Treasurer shall also nqtify the Hamilton County Prosecutor of when, and the amount, of all monies sent to the Hamilton County Auditor pursuant to this agreement. PAGE RiO OF FOUR PAGES ~' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. BOARD OF PUBLIC WORKS ATTEST: ~C~E~ oF ~CIT/~OP~C~m~/· DATE AT~EST: DATE A~EST: DATE ATTEST: DATE ATTES'r: DATE STEVEN R. NATION CLERK OF HAMILTON COUNTY K~HY RICHA~RDSON AUDITOR OF HAMILTON COUNTY po~y~ et~t~Ch~ (~)~ CLERK, CARMEL CITY COURT PAGE THREE OF FO~ PAGES ~/~z~,~.~ ~CLERK-TREASURER' CITY OF~ zz~SUSAN JONES ~ ATTEST: APPROVED BY THE COUNTY COUNCIL, HA~.ILTON COUN~ ~INDIAN~ DATED PAGE FOUR OF FOUR PAGES S~TAT ~ o INDIANA _ i INDIANAPOLIS 46204, S ~ p ~=..lb=~ 16 1983 Stephens K. Andrews Bleecker Brodey Andrews & Cohen Attorneys a5 Law 2506 Willowbreok ?ark~ay, Suite 3!2 indianapolis, iN 46205 Dear Mr. Andrews: The Auditor of Staue is in recaipt of uhe inLerloca! Agreement: %8818!42 between the city of Carmel and Hamiltcn County pursuent %c !.C. 36-1-7-10. k'~" G. DoVer!:' BLEECKER, BRODE¥, ANDREWS & COHEN ATTORNEYS AT LAW INDIANAPOLIS~ INDIANA 46005 · .,,.,,"°~^'D"'"°°'""c'..^,o,,., Se~ptember 14, 1988 Indiana State Auditor 234 State House Indianapolis~ Indiana 46204 RE: Interlocal A~reement For The City Of Carmel To whom it may concern, Enclosed please fi.nd a photocopy of the executed Interlocal Agreement between the City of Carmel and the Hamilton County Prosecutor's Office. We are referring this.to you pursuant to Indiana Code 36-1-7-10. If additional information is required. Please advise. SKA:jl Enclosure: Interlocal Agreement CC: Steven R. Nation Hon. Dorothy J. Hancock Hon. Susan Jones Very truly yours, BLEECKER BRODEY ANDREWS By Stephen Ko Andrews COHEN )EPUTY PROSECUTORS NAYNE A. STURTEVANT ' Chiel Depuly Circuit Court and Juvenile Divi~,ion TONJA ANN WILLIAMS Juvenile Division BRUCE E. PETIT Buperior Courl NO. 2 ROBERT E. TROUT Support Division WALLACE E. WEAKLEY Superior Courl No. 1 DANIEL E. HENKE County Co~ft J. RICHARD CAMPBELL County Coufl JAMES H. BRADLEY Investigator JACK A. MARKS Adult P~ofective Services Coordinator tamllt n t/h]untl , n taua STEVEN R. NATION PROSECUTING A3-rORNEY 24TH JUDICIAL CIRCUIT OF INDIANA 942 MAPLE AVENUE NOBLESVlLLE, INDIANA 46060 PHONE (317) 773.3825 CHILD SUPPORT DIVISION · PHONE {317) 773.3977 August 29, 1988 Mr. Steve Andrews Attorney at Law 2506 Willowbrobk Parkway Indianapolis, Indiana 46205 Dear Steve: Please find enclosed, for your files, a copy of the statute I.C. 36-1-10, "Agreements between municipality and county; ~rerequisites to taking effect" regarding the Interlocal Agreement. Very truly yours, Steven R. Nation Prosecuting Attorney ~RN/dr Enclosure 36-1-7-9 LOCAl, GOVERNMENT (2) The specific fuuctions aud services to be performed or fur- nished by the county on behalf Of the municipality. In addition, such an agreement may provide for any other appropri- ate matters. (c) An agre.ement tinder this section may provide for either of the followiug: (I) A stipulation that distrihutious from the m0tor vehicle high- way account under IC 8-14-1, the local road and Street account under IC 8-14-2, or both, be made to the county rather than to the tannic§paltry. (2) A stipulation that the municipality will appropriate a speci- fied part of those distributions for purposes listed in the agree- ment. As added by Acts 1.980, P.L.£11, ilistorlcal Note Formerly: ]C lC 19-5-25--~3. Acts 1971o P.L.300, SEC.2, Library References Hlghways~105{a). I.L.E, llighways § 81 et seq. Municipal Corporations ~=~269(2). I,L.E, Municipal Corporations §§ 163 C.J.S, Illghwnys § 184. et ~eq,, 386 et seq,, 543. C.J.S, Municipal Corporations § 1044. 36-1-7-10 Agreements between num|eipality and county; prerequisites to taking effect See, 10. Before it takes effect, an agreemeat under section 9 of this chapter must be: (!) approved by the fiscal body of each party; (2) recorded with tile county recorder; (3) filed with the executive of the mnnieipality and the auditor of tile county; aud (4) filed with the auditor of state. As added by Acts 1980, P.L.£11, SEC.1. tllstorlcal Note Formerly: lC I 0-5--2~--2. IC ! 9-5-25~. Acts 197l, P.L.300. SEC.2. Municipal Corporations ¢=~226. C.J,S. Municipal Corporations § 976 et seq, 80 Library References I.L.E, Municipal Corporations et seq. )EPUTY PROSECUTORS VAYNE A. STURTEVANT Chie! Oeptf~¥ Circuit Courl and Juvenile Divi$ior~ I'ONJA ANN WILLIAMS Juvenile Division BRUCE E. PETIT Superior Court No. 2 ROBERT E. TROUT Support Division WALLACE E. WEAKLEY Superior Court No. 1 DANIEL E. HENKE County Court J. RICHA,RD CAMPBE~.L County Court JAMES H. BRADLEY Investigator JACK A. MARKS Adult Rrolective Services ~oordinator 942 MAPLE AVENUE Mamtltan ( auntll, nbiana STEVEN R. NATION PROSECUTINQ ATTORNEY 24TH JUDICIAL CIRCUIT OF INDIANA NOBLESVILLE, INDIANA 46060 CHILD SUPPORT DIVISION · PHONE (317) ??3-39?? Mr. Steve Andrews Attorney at Law 2506 Willowbrook Parkway Indianapolis, Indiana 46205 RE: Interlocal Agreement Dear Steve: ; Enclosed is the Interlocal Agreement for the City of Carmel recorded with the Hamilton County Recorder's Office. Very truly yours, SRN/dr Steven R. Nation Prosecuting Attorney PHONE ($17} T73.3825 The City of Carmel agrees to certify to the Hamilton County Auditor one month prior to the semi-annual distribution of monies that they have filed at least fifty percent (50%) of their ordi- nance violations in the Hamilton County Circuit, Superior or County Court of Hamilton County. Of the funds received and forwarded to the City of Carmel by the Auditor of Hamilton County, the Clerk-Treasurer of the City of Carmel shall pay fifty percent (50%) of such funds received to the Hamilton County Prosecuting Attorney in considera- tion for services of the Prosecuting Attorney in processing and prosecuting alleged violations of ordinances of the City of Carmel. Such payment to the Hamilton County Prosecuting Attorney shall be made payable to the Treasurer of Hamilton County and recorded in the Hamilton County Auditor's Office under the Prosecutor's fund entitled "Prosecution of City Ordinances". 5. If the Prosecuting Attorney of Hamilton County, law enforcement agency or other city agency files the alleged Ordinance violation'in the Carmel City Court the following shall be the procedure.: A. Ail costs, fees, judgments and/or fines shall be collected by the Clerk of Carmel City Court. The Clerk of the Court of the City of Carmel shall semi- annually distribute to the State Auditor for deposit in the State general fund fifty-five percent (55%) of the amount of all fees and/or Court costs collected arising out of a violation of an ordinance of the municipal code of the CitY of Carmel. That concerning the remainder of all costs, fees, judgments and/or fines of the Clerk of the City Court of Carmel shall pay such sums to the Clerk-Treasurer of the City of Carmel and the Clerk-Treasurer of the City of Carmel shall either retain such funds as the cities share of such monies, or to be distributed pursuant to statute. .. The Clerk-Treasurer of the City of Carmel shall distribute fifteen percent (15%) of the amount of costs or fees collected for violations of the City of Carmel ordinances to the County Auditor as the county share of such monies collected once each month. The Clerk-Treasurer of the City of Carmel shall retain all judgment or fines and thirty percent (30%) of all of the costs or fees collected for violations of the City of Carmel ordinances, on behalf of the City.of Carmel for services in processing such alleged violations. Concerning the thirty percent (30%) of all costs or fees retained by the City of Carmel, the Clerk-Treasurer of the City of Carmel shall pay fifty percent (50%) of such funds received to the Hamilton County Prosecuting Attorney in consideration for services of the prosecuting Attorney in. processing and prosecuting the alleged violation of ordinances of the City of Carmel. Such payment shall be made payable to the Treasurer of Hamilton County and recorded in the Hamilton County Auditor's Office under the Prosecutor's fund entitled "Prosecution of City Ordinances". The Clerk-Treasurer shall also notify the Hamilton County Prosecutor of when, and the amount, of all monies sent to the Hamilton County Auditor pursuant to this agreement. · PAGE TWO OF FOUR PAGES IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. BOARD OF PUBLIC WORKS CITY OF CARMEL A'I'I'EST: ~K OF C~TY OF C~P~L ~ DATE A~'FEST DATE A'I'I'~ST DATE DA~ PROS~OR OF HAMILTON COUNYY STEVEN R. NATION' CLERK OF HAMILTON COUNTY '~ATHY RICRARDSON AUDITOR OF HAMILTON COUNTY POLL~ PEARCE -- CLERK, CARMEL CITY COURT KD1 RoTr PAGE THREE OF FOUR PAGES A'rI'EST: CLERK-TREASURER, CITY OF CARMEL SUSAN JONES d/J APPROVED HAMILTON CO ,, INDI NA. BY THE COUNTY COUNCIL, POLLY PEA~E, ~I~R DASD PREPARED BY: WALLACE WEAKLEY, ATTORNEY. PAGE FOUR OF FOUR PAGES