HomeMy WebLinkAbout10.21.24 CC Meeting Paperless Packet1
City of Carmel
CARMEL COMMON COUNCIL
MEETING AGENDA
MONDAY, OCTOBER 21, 2024 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1.CALL TO ORDER
2.AGENDA APPROVAL
3.INVOCATION
4.PLEDGE OF ALLEGIANCE
5.RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
a.Swearing-In of New Carmel Police Officers:
-Officer Mitchell Sobek
-Officer Joshua Norman
6.RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7.COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS
8.CONSENT AGENDA
a. Approval of Minutes
1.October 7, 2024 Regular Meeting
b.Claims
1. Payroll - $3,740,674.35
2.General Claims – $2,464,871.923.Retirement – $110,705.104.Wire Transfers - $2,268,740.07
9.ACTION ON MAYORAL VETOES
10.COMMITTEE REPORTS
a.Finance, Utilities and Rules Committeeb.Land Use and Special Studies Committeec.All reports designated by the Chair to qualify for placement under this category.
2
11. OTHER REPORTS – (at the first meeting of the month specified below):
a. Carmel Redevelopment Commission (Monthly) b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October)
c. Audit Committee (Bi-annual – May, October)
d. Redevelopment Authority (Bi-annual – April, October) e. Economic Development Commission (Bi-annual – February, August) f. Library Board (Annual – February) g. Ethics Board (Annual – February)
h. Parks Department (Quarterly – February, May, August, November)
i. Climate Action Advisory Committee (Quarterly – March, June, September, December) j. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS
a. Fourth Reading of Ordinance D-2726-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal
Agreement; Sponsor(s): Councilor(s) Snyder and Taylor. Remains in the Land Use and Special Studies Committee. Synopsis: Third Amendment to Interlocal Cooperation Agreement. b. Resolution CC-10-07-24-04; A Preliminary Resolution Designating an Economic Revitalization Area and Qualifying Certain Personal Property for Tax Abatement – The Alliance for Cooperative Energy Services Power Marketing, LLC; Sponsor(s): Councilor(s) Joshi and Worrell. Returns from the Finance, Utilities and Rules Committee. Synopsis: A preliminary resolution that designates the real property located at 4140 W 99th Street,
Carmel, Indiana as an economic revitalization area and grants a partial abatement of property
taxes attributable to certain eligible equipment installed therein.
c. Second Reading of Ordinance D-2744-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Authorizing the Issuance of General Obligation Bonds for the Purpose of Providing Funds to Refinance Certain Capital Equipment Leases and Incidental Expenses in Connection Therewith and on Account of the Issuance and Sale of the 2024 Bonds and Appropriating the Proceeds Derived from the Sale of Such Bonds; Sponsor: Councilor Taylor. Returns from the Finance, Utilities and Rules Committee.
Synopsis:
This ordinance authorizes the issuance of general obligation bonds to the City, to be payable
from ad valorem property taxes, for the purpose of refinancing certain outstanding capital equipment leases in order to provide interest cost savings to the City and paying costs of issuance of such bonds. d. Second Reading of Ordinance D-2737-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating the Carmel Surtax Fund and Imposing a Motor Vehicle License Excise Surtax; Sponsor(s): Councilor(s) Green and Aasen. Returns from the
Finance, Utilities and Rules Committee.
Synopsis:
Creates the Carmel Surtax Fund and Imposes a Motor Vehicle License Excise Surtax.
3
e. Second Reading of Ordinance D-2738-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Creating the Carmel Wheel Tax Fund and Imposing a Municipal Wheel Tax, Sponsor(s): Councilor(s) Green and Aasen. Returns from the Finance, Utilities and Rules Committee.
Synopsis:
Creates the Carmel Wheel Tax Fund and Imposes a Municipal Wheel Tax. f. Second Reading of Ordinance D-2732-24; An Ordinance of the Common Council of Carmel, Indiana, Establishing the Appropriations for the 2025 Budget; Sponsor(s):
Councilor(s) Green and Aasen. Remains in the Budget Committee.
Synopsis: Establishes 2025 appropriations for the City of Carmel.
g. Second Reading of Ordinance D-2734-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2025; Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers. Returns from the Finance, Utilities and Rules Committee.
Synopsis:
Establishes 2025 maximum salaries for employees of the Carmel City Court. h. Second Reading of Ordinance D-2733-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Deputies and Employees of the Carmel
City Clerk for the Year 2025; Sponsor(s): Councilor(s) Aasen, Ayers and Taylor. Returns from the Finance, Utilities and Rules Committee. Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Clerk.
i. Second Reading of Ordinance D-2735-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. Remains in the Finance, Utilities and Rules Committee.
Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch. j. Second Reading of Ordinance D-2736-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana,
for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. Returns from the Finance, Utilities and Rules Committee. Synopsis:
Establishes 2025 salaries and all years thereafter for Carmel’s elected officials.
4
k. Second Reading of Ordinance D-2739-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Article 4, Sections 2-94, 2-106 and 2-150 and Adding Sections 2-154 and 2-155 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Returns from the Finance, Utilities and Rules Committee.
Synopsis:
Amends the Law Enforcement Aid IV Fund (Fund 911), Urban Forestry Fund (Fund 501) and Non-Reverting Code Enforcement Fund (Fund #924), and adds a Non-Reverting Carmel Surtax Fund (Fund #258) and a Non-Reverting Carmel Wheel Tax Fund (Fund #259).
l. Second Reading of Ordinance D-2740-24; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Remains in the Finance, Utilities and Rules Committee.
Synopsis:
Ordinance clarifying purpose and duties of components of government. m. Second Reading of Ordinance D-2741-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 2-303, of
the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Remains in the Finance, Utilities and Rules Committee. Synopsis: Ordinance amending budget procedures of the City of Carmel.
13. PUBLIC HEARINGS a. First Reading of Ordinance D-2742-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from
the Operating Balance of the General Fund; Sponsor(s): Councilor(s) Green and Aasen. Synopsis: Restores reductions by the DLGF to the annual 2024 appropriations of the General Fund.
b. First Reading of Ordinance D-2743-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the Opioid Settlement Fund (256) into the Subscription Software Line Item (4355600); Sponsor(s): Councilor(s) Green and Aasen.
Synopsis:
This ordinance authorizes and approves an additional appropriation of $130,000.00 from the Opioid Settlement Fund (256) into the Subscription Software Line Item (4355600). c. Petition for Alley/Street Vacation or Order to Remove Obstructions; 40 East Main Street,
Carmel, IN 46032; Carmel Library Associates, LLC, Property Owner
5
14. NEW BUSINESS a. Resolution CC-10-21-24-01; A Resolution of the Common Council of the City of Carmel, Indiana, to Limit the Rate for Taxes Payable in 2025 and Authorize Necessary Temporary Borrowing Among City Funds; Sponsor(s): Councilor(s) Green and Aasen.
Synopsis: A resolution finding that the City’s 2025 property tax rate should not exceed 0.7783, which is the same as the 2024 rate, and recommending how the DLGF should allocate the 2025 property levy among City funds; and also permitting temporary borrowing among funds
during 2025. 15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS 17. ANNOUNCEMENTS 18. ADJOURNMENT
1
1
City of Carmel 2
3 CARMEL COMMON COUNCIL 4
MEETING MINUTES 5
MONDAY, OCTOBER 7, 2024 – 6:00 P.M. 6
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 7 8
MEETING CALLED TO ORDER 9 10
Council President Anthony Green, Council Members: Jeff Worrell, Ryan Locke, Rich Taylor, Adam Aasen, 11 Teresa Ayers, Matthew Snyder, Shannon Minnaar, and City Clerk Jacob Quinn were present. 12 13 Council Member Anita Joshi was not present. 14 15
Council President Green called the meeting to order at 6:04 p.m. 16 17 AGENDA APPROVAL 18 19 Councilor Taylor moved to reorder the agenda by moving Ordinance D-2729-24 to Public Hearings and 20
make it item 13(c). Councilor Aasen seconded. There was no discussion. Council President Green called for 21 the vote. The motion was approved 8-0. Councilor Taylor moved to approve the agenda as amended. 22 Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. The 23 motion was approved 8-0. 24 25 INVOCATION 26 27 Rev. Cara Spaccarelli, St. Christopher’s Episcopal Church, delivered the Invocation. 28
29 Boy Scouts present in the Council Chambers led the pledge of allegiance. 30 31 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 32 33 There were none. 34 35 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 36 37 Jacob and Amanda Baird spoke to Council about the importance of the Carmel Christkindlmarkt. They stated 38 how authentic the market is and how market employees work every day to make it better. The market brings 39 in people from Indiana and around the country. They thanked Council for having this event in the 40
community and allowing them to be vendors. 41 42 Rachel Priddy, owner of Rose and Lois Coffee Shop and a market vendor, thanked Maria and the team for all 43 their work and passion. She stated she would love to continue as a vendor in her current capacity and hopes 44 the market will continue in it’s current form. 45
46
2
Daniel Rexroth stated that he has been a resident of Carmel for over 20 years. He explained to Council that 47 he was skeptical of the market in the beginning, but it is now a tradition his family loves. He stated that this 48 administration ran on transparency but what has occurred the last few weeks is anything but transparent and 49 the changes bring in bureaucracy where it is not needed. He would like things to continue as they have been 50
with the market. 51
52 Laura Lancaster stated that she has been a resident of Carmel for 47 years. She has been to the market every 53 year since it’s inception and volunteers at the market. People come from all over to visit the market and she 54 has witnessed how the market benefits businesses from an influx in tourists. The investment from the City in 55
the market has benefited businesses and the City’s cultural appeal. She stated that reading how the previous 56
market board members were blindsided and replaced was appalling. Part of being self-sustaining means 57 hiring new staff, making improvements, taking on financial obligations for contracts and insurance and 58 having funds for incidentals. She questioned the qualifications of the new appointments to the board. Given 59 the sneaky procurement of the CCI trademark and logo without the knowledge of the board, it all seems 60
dishonest and sneaky. The article in the Current in Carmel mentioned the risk that this posses to the non-61
profit status of the Christkindlmarkt. The changes being made will put the future of the market and its 62 authenticity at risk. The market needs to reinvest in itself. 63 64 Jerry Shrewsbury stated to Council that he is a supporter of both Carmel and the market. He has been at the 65
market everyday since its opening in 2017. The Christkindlmarkt has been a major resource for central 66
Indiana and the State of Indiana. Last year, the market had about 450,000 people attend. He stated that he 67 spends time talking to visitors not just about the market, but Carmel as well. He said he was disappointed in 68 the article that was in the Current in Carmel. 69 70
Joy Weiss spoke to Council about volunteering at the market for 4 years. She stated that she has been a VP 71
and board member of a non-profit in town and if you have a bunch of board members who don’t have boots 72 on the ground, it can be like a faceless corporation instead of a group of workers meeting the needs of guests. 73 Can the City of Carmel guarantee that we will have the type of leadership Maria Rosenfeld offers or will it 74 take a month for decisions to be made under City Control? 75
76
Michael Nahmias, Vice-President of Operations for the Carmel Christkindlmarkt, stated that he is not 77 speaking on behalf of the market. It is our goal to give back to the community. After just two years, the 78 market no longer required continued cultural grants from the City. In 2022, the market absorbed nearly $110, 79 000 of labor and material costs on behalf of the City. In 2023, the market paid for a staffed, dedicated first 80
aid hut and the number of 911 calls were halved. The market also contributed $15,000 to help with traffic 81
and parking concerns and plans were laid in place to streamline how the market is setup and torn down. 82 When fully implemented, that plan should reduce city cost by tens if not hundreds of thousands of dollars on 83 an annual basis. This year, the market was making plans to implement a shuttle to help alleviate parking and 84 traffic concerns. Measures of efficiency are being instituted. We do require ample notice of changes and ask 85
for a fair seat at the negotiating table. 86
87 Ben Richardson spoke in favor of the Christkindlmarkt. He stated that the market is a cultural lifeline for his 88 wife who was born in Germany and his children who have dual citizenship. The market has become what is 89 under the leadership of Maria Rosenfeld. Why does the Mayor think city government can do better? 90
Government is not supposed to be in event management. The Mayor’s Office says this is about money, but 91 that doesn’t make sense. Per the article in the Current in Carmel, the market had been negotiating to pay the 92 City back but the Mayor’s team seized control without warning, why? If it was about the money, they could 93 have taken the money. These actions were taken right as the market was about the start, why? He also stated 94 that he has concerns about how the administration has treated people throughout this process. Will others be 95
detoured from civic engagement because of how the Mayor may treat them? He requested that City Council 96
investigate the administration in these matters and put a stop to this behavior. 97
3
98 Jennifer Courtney stated that she is currently a contract employee with the market. This event is a cultural 99 hub and a source of pride for Carmel. She spoke about her concern with the governance change as it relates 100 to its non-profit status and how market employees have been treated. She asked the City Council to 101
investigate these governance changes and how it could negatively affect the market. We risk losing what 102
makes the market special if these changes proceed without proper consideration and proper transparency. 103 104 Christin Kelly-Hooks stated that she is representing Grace Rexroth as her proxy. She expressed concerns 105 about the change in market leadership structure. She stated she does not support these changes that put the 106
mission and vision of the market at risk. She requested the City Council investigate the long-term 107
ramifications of these changes before they become final. 108 109 Travis Jerde, Indiana German Heritage Society, spoke about the important cultural significance the market 110 has for German Americans. This event has a $23M impact for our city. He stated it sounds like we need 111
more transparency on both sides of the issue. The loss of appreciation for the market CEO and staff could 112
doom the market’s future as people of our heritage will look elsewhere to spend our dollars. 113 114 Sandra Richardson stated that she grew up in Germany and moved to Carmel in 2013. She has worked and 115 volunteered at the market since 2017. For eight years, she have been able to brag to their German partners 116
about the great partnership between the City and market. She stated that she found out in the news that 117
instead of continuing the path of keeping the market and City separately financially, the City applied to own 118 the trademarks and the market’s soul and relationships. How can we continue our missions as a 501(c)(3) if 119 the City owns it? She requested that the Council investigate the issue. 120 121
Sarah Holtz expressed concerns about what she read in the latest Current in Carmel article about the market. 122
She asked if it was true that city leadership filed for trademarks with out notifying market leadership? She 123 asked if City Council was notified and asked them to investigate the process and timeline of actions. She 124 stated that she supported the market but is concerned about the governance changes and does not support the 125 changes. 126
127
Joe Burns, owner of Wisconsin Cheese Factory, stated that he has been to markets all over the country and 128 none are as good as Carmel’s market. He stated that Maria Rosenfeld is a big part of that success. He stated 129 that a satellite market in Naperville, Illinois failed because market organizers and the City couldn’t work 130 things out. The market ended up fizzling out and was a huge loss for Naperville. He urged Council to take a 131
close look at the situation. 132
133 Ron Carter stated that according to the Mayor’s all city survey, the vast majority of residents are quite 134 pleased to live here. Residents did not expect new members of Council, the Mayor or new staff members 135 from outside of Carmel to make radical, wholesale changes. In light of what is taking place with the market, 136
if he were on the board of one of the many boards in Carmel, he would be afraid that some other board is 137
secretly plotting to take over the organization. He also stated that it’s possible the new board that was 138 appointed by the Mayor in January may have been meeting in violation of the Open Door Law. The Carmel 139 Farmers Market was able to stay open during Covid because it was not part of the City. If it had been, the 140 Mayor would have likely required that it stay closed. 141
142 Margaret Hill stated that she has attended the market every year and is impressed that it improves every year 143 under Maria Rosenfeld’s leadership. She stated that she finds the Mayor making changes in a covert way 144 disturbing. Why was the board meeting scheduled secretly and why was the market logo and name trademark 145 applied for by the City in secret without the original board’s knowledge? This Mayor ran on transparency 146
and this process has been anything but transparent. 147
148
4
Josh Baird stated that he lives in Carmel and is a market vendor. He encouraged everyone to take their time 149 with future changes and to make sure both sides have a seat at the table for future negotiations. 150 151 Susan McDermott, former Chair of Carmel Christkindlmarkt Board of Directors, said she was appointed 152
because of her experience and commitment to fiduciary responsibilities. She stated that as board chair she 153
had one request for financial documents on July 3 and provided everything requested within 5 days. The 154 reimbursement agreement was close to being resolved, the sticking point was related to the City’s demand 155 that it be granted ownership of the market and its trademark. The board could not agree to that because it 156 would put the market’s non-profit status at risk. Following her resignation, the new board met to sign the 157
new operating agreement and did not invite the market CEO Maria Rosenfeld. Susan expressed concern 158
about transparency throughout the process. The former board was called to a meeting under the guise of 159 finalizing an operating agreement, however the City used the meeting to remove her fellow board members. 160 Following that meeting another board meeting was called without her knowledge which led to her 161 resignation. Maria and the former board members deserved to be treated better. 162
163
David Cabanbam stated that he serves as the hut manager for the beer steins and was shocked to read the 164 article in the Current in Carmel. The way this was handled will probably affect the ability of the market to 165 get vendors in the future as well as employees and volunteers. 166 167
Debbie Gangstad, Carmel Clay History Museum, stated that they would really like to be the welcome center 168
for Carmel. When we work together, Carmel gets things done. We are willing to do art and history walks and 169 we want to celebrate our differences. The first year will be free and they hope to continue that. We are not 170 asking for a handout, but we are asking for a hand up. 171 172
Jordan Kohl stated that he moved to Carmel so he could live car light and Carmel is a great place for 173
pedestrians. He expressed support for the bond ordinance and an increase in off-street trails. 174 175 Sonal Sanghani addressed Council regarding Sewa Diwali and their projects for this this year’s campaign. 176 Sewa Diwali is a time for reflection and giving and coming together as a community. She stated there are 177
drop off locations across Carmel where people can drop off donations. 178 179 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 180 181 Councilor Worrell stated that he wanted to bring attention to the bond study that was done by Council. 182 Council paid an independent consultant who didn’t find anything out of the ordinary with Carmel’s debt. 183 184 Mayor Finkam addressed concerns regarding the Carmel Christkindlmarkt. With the amount of 185
misinformation that has been spread, she understands why supporters of the market are concerned. She stated 186
the market was not taken over as the City already owns the market. Since it’s inception, the market has 187 existed as wholly controlled subsidiary that is supervised, operated and controlled by the City existing for the 188 sole benefit of the City. The market leader is accountable to the board of directors, the board of directors is 189 accountable to the mayor and the mayor is accountable to the taxpayers. Although the goal is to have a more 190
independent market one day, until we get clarity on its financial position and ability to reimburse the City for 191
some of the estimated $1.5M in annual expenses, that is not possible. Mayor Finkam stated that as the Mayor 192 she has a right to the financial information she has yet to receive. Over the last 5 months, the City repeatedly 193 requested market financials from the leader, the attorney and the board chair and while we have received 194 some, the City has not received all of the documents requested. The founding documents state that market is 195
to submit to an audit review by an independent accounting firm at the City’s request and shall make all 196
books, accounting records and other documents available at all reasonable times. 197 A new agreement was necessary to protect taxpayers. The initial agreement was not adequate to address the 198 complexities of a market this size. When the market started it was a tiny dream and has now grown into 199
5
something beautiful. The market is a behemoth with lots of taxpayer dollars at risk. Our hard lines were that 200 City ownership continue, intellectual property is owned by the City and that competitive information could 201 not be used to start a competing market outside of Carmel. To the City’s surprise though, market leadership 202 came back with a limited number of cities it would not compete in. That could allow market leadership to 203
start competing markets in surrounding cities. Change is hard and the mayor is asking market leadership to 204
do things her predecessor did not. She stated that she promised Carmel residents that she would lead with 205 accountability and fiscal leadership on behalf of our community. The market CEO’s job has never been in 206 jeopardy. She is expected to continue in her current capacity. The Mayor stated, however, that if she hadn’t 207 sent out a misinformation campaign we wouldn’t have the confusion we have now. The City has no desire to 208
run the market. It has a capable CEO, fantastic employees and wonderful vendors and volunteers. It is the 209
Mayor’s expectation that a great market experience will be provided once again. 210 211 Mayor Finkam thanked Council for specific comments on budget items and great collaboration on the bond 212 items. The Mayor stated she believes we have an opportunity to correct budgeting problems from the past 213
and create a strong path moving forward. 214 215 CONSENT AGENDA 216 217 Councilor Snyder moved to approve the consent agenda. Councilor Aasen seconded. There was no 218
discussion. Council President Green called for the vote. The consent agenda was approved 8-0. 219 220 a. Approval of Minutes 221
222 1. September 16, 2024 Regular Meeting 223 224 b. Claims 225
226 1. Payroll - $3,669,660.93 (9/6/24 payroll) and $3,746,226.11 (9/20/24 payroll) 227 2. General Claims - $6,147,361.29 and $24,139.89 (purchase card) 228 229 ACTION ON MAYORAL VETOES 230 231 There were none. 232 233 COMMITTEE REPORTS 234 235 Councilor Worrell reported that the Finance, Utilities and Rules Committee met Monday, September 30th and 236
would report on the items when they appear on the agenda. 237 238 Councilor Snyder reported that the Land Use and Special Studies Committee met this past Thursday to 239 discuss Ordinance D-2729-24. The item passed out unanimously with proposed changes. He stated he would 240 give more details when that item appears on the agenda. 241
242 OTHER REPORTS – (at the first meeting of the month specified below): 243 244 Henry Mestetsky, Carmel Redevelopment Director, gave the monthly Carmel Redevelopment Commission 245 report to Council. City Center won the 2024 Monumental Award for Neighborhood Revitalization. Councilor 246 Snyder and Director Mestetsky discussed the TIF for Republic. It is a 100% TIF to the developer so a 247 reduction in the TIF doesn’t really effect the City. They are still deciding if they want to wrap the parking 248 structure with residential. Director Mestetsky agreed to email Council a listing of possible tenants for the 249
Muse. 250 251
6
Henry Mestetsky gave the bi-annual report for the Redevelopment Authority. They met on the 17th of 252 September. They met to approve the lease rental package that Council is considering on the agenda this 253 evening. 254 255
Mark Dollase, Indiana Landmarks, gave the quarterly Carmel Historic Preservation Commission report. 256
Councilor Snyder stated that the house mentioned in the roundabout that needs to be relcoated could perhaps 257 be moved to property not being used by Republic Airways. 258 259 OLD BUSINESS 260
261 Council President Green announced the eighteenth reading of Ordinance D-2696-23; An Ordinance of the 262 Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel 263 City Code; Sponsor(s): Councilor(s) Worrell and Aasen. Councilor Worrell reported that the Finance 264
Committee met and is sending this item back with a negative recommendation. He stated that speed is an 265
issue at our pedestrian crossings in roundabouts, but there is a way he had not anticipated to deal with the 266 issue. Raised crosswalks and rapid flashing beacons help alleviate the issue with speed. Government got to 267 the answer with good discussion and back and forth. He stated that he recommended Council not vote for 268 this ordinance and explained that the bond will include roundabout and pedestrian safety projects. Councilor 269
Snyder thanked Councilor Worrell for his work on the issue. Councilor Worrell moved to approve 270
Ordinance D-2696-23. Councilor Aasen seconded. There was no discussion. Council President Green called 271 for the vote. Ordinance D-2696-23 failed 0-8. 272 273 Council President Green announced the third reading of Ordinance D-2726-24; An Ordinance of the 274
Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal 275 Agreement; Sponsor(s): Councilor(s) Snyder and Taylor. This items remains in the Land Use and Special 276 Studies Committee. 277 278
PUBLIC HEARINGS 279
280 Council President Green announced the first reading of Ordinance D-2731-24; An Ordinance of the 281 Common Council of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds 282 from the General Fund #101 to the 2024 Carmel Fire Department Budget; Sponsor: Councilor Worrell. 283
Councilor Worrell moved to introduce the item into business. Councilor Minnaar seconded. Councilor 284
Worrell presented the item to Council. Council President Green opened the public hearing at 7:35 p.m. 285 Seeing no one who wished to address the Council, Council President Green closed the public hearing at 7:36 286 p.m. Councilor Worrell moved to suspend the rules and act on this tonight. Councilor Aasen seconded. There 287 was no discussion. Council President Green called for the vote. Motion to suspend the rules approved 8-0. 288
Councilor Worrell moved to approve Ordinance D-2731-24. Councilor Aasen seconded. There was no 289
discussion. Council President Green called for the vote. Ordinance D-2731-24 was approved 8-0. 290 291 Council President Green announced the first reading of Ordinance D-2732-24; An Ordinance of the 292 Common Council of Carmel, Indiana, Establishing the Appropriations for the 2025 Budget; Sponsor(s): 293
Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into business. Councilor 294
Minnaar seconded. Zac Jackson, CFO/Controller for the City of Carmel, presented the item to Council. Mr. 295 Jackson presented a PowerPoint to Council outlining the budget priories, responding to feedback from 296 Council with an updated proposal for the budget, budget overview and a summary (presentation included as 297 an exhibit to these minutes). The total budget proposed for 2025 is $146M for the General Fund and 298
$234.8M for all funds. There was discussion regarding setting aside the $500-$600k that is spent in costs for 299
supplies and contracts related to the Christkindlmarkt. Councilor Aasen expressed concerns that Mr. Jackson 300 is the City’s CFO and also has been appointed to the board of directors for the market. Mr. Jackson stated 301 that the goal is to protect the taxpayer and undo the blank check. Councilor Worrell asked to see the 302
7
agreement signed between the City and market. Council President Green explained that he recently learned 303 that there is $1.1M in expenses within the Street Department associated with the market. He stated that they 304 were told 5 years ago the market would be self-sufficient. Councilor Taylor asked if previous staff was 305 directed not to report expenses directly related to the market. Mr. Jackson said that he heard more than once 306
from staff that they were directed not to report these expenses. Councilor Locke stated he needs a lot more 307
information on many line items, especially costs with the market. Council President Green requested to see 308 the salary ordinance also broken down by department. Mr. Jackson stated that his goal with the ordinance in 309 it's current form is to make things more uniform across the City. Councilor Snyder stated that he has been an 310 outward critic of the market in the past because of the money spent by the City on the market. He also stated 311
he spoke with the market director who stated they could be self-sufficient. Councilor Snyder said that 312
perhaps that is the solution; we don’t provide City funding but also let them run it independently. Mayor 313 Finkam stated that the crux of the problem is that they decided they were negotiating against themselves in 314 many ways since the City owns the market and the decision was made that we needed to move forward. 315 Mayor Finkam said they want to provide a full report to Council and the public once they have all the 316
financial information. Councilor Taylor said it may be cheaper for the market to use outside contractors as 317
opposed to using the Street Department. Councilor Taylor said he also was hoping there would be less 318 changes this year as they gathered data from this year’s market. Councilor Taylor requested Ice Rink data. 319 Mr. Jackson stated they would likely have a proposal next year to deal with the cost of replacing/updating the 320 chiller system which will likely be 8 digits. Councilor Worrell asked for clarity on the lack of reporting from 321
the previous administration as it related to market expenses. Mr. Jackson said that in 2018 that some 322
directors were asked to not report those expenses, not in any subsequent expenses. Councilor Snyder stated 323 he would have also let the market operate this year under the current arrangement, but that he respects that 324 the decision is an Executive Branch function. Councilor Taylor asked about the financing in capital leases for 325 the market huts. Mr. Jackson said he would follow up with that information. Councilor Locke stated that he 326
would like to find a financial reality for the market moving forward because it is something Carmel desires. 327
Council President Green stated that it’s important to have all the information about program’s the City 328 supports so that we can have those public discussions about what is important. We need to have information 329 that we didn’t always have under the previous administration. Councilor Snyder stated that while he is not a 330 fan of the City money that goes to the market, he is a big fan of market and thinks they have done a 331
wonderful job. Councilor Aasen stated that perhaps negotiations could have been handled more respectfully 332
and reiterated that he would have waited until after the holidays to make changes. Councilor Worrell said 333 many things are being approached as if they are broken and they aren’t. There is room for improvement and 334 the Mayor has his full support, but he cautioned Council not to assume the worst. Council President Green 335 opened the public hearing at 8:44 p.m. Seeing no one who wished to address the Council, Council President 336
Green closed the public hearing at 8:45 p.m. Council President Green referred the item to the Budget 337
Committee Meeting of the Whole. 338 339 Council President Green announced the first reading of Second Reading of Ordinance D-2729-24; An 340 Ordinance of the Common Council of the City of Carmel, Indiana, Approving Certain Carmel 341
Redevelopment Authority Lease Rental Bonds to Finance Various Road Improvements and Other Capital 342
Projects in the City and to Refinance Certain Outstanding Bonds; Sponsor(s): Councilor(s) Worrell, Locke, 343 Taylor and Snyder. Brad Bingham, Barnes and Thornburg, explained the changes to Ordinance D-2729-24 as 344 it passed out of the Land Use and Special Studies Committee. Exhibit A includes an updated and expanded 345 list of projects as well as listing the projects by priority. Exhibit B lists specific roundabout and pedestrian 346
safety projects by priority. Exhibit C is an MOU between the Council, the BPW and the Mayor that sets forth 347 the framework for how and when projects bid, what do you do if cost comes in high and ensures specific 348 amounts are spent on certain projects. Councilor Snyder read Exhibit A into the record. Council President 349 Green opened the public hearing at 9:03 p.m. Seeing no one who wished to address the Council, Council 350 President Green closed the public hearing at 9:04 p.m. Councilor Snyder moved to amend Ordinance D-351
2729-24 by inserting Version A (dated 10/07/2024) in whole. Councilor Aasen seconded. There was no 352
Council discussion. Council President Green called for the vote. The motion to amend was approved 8-0. 353
8
Councilor Aasen moved to approve Ordinance D-2729-24 As Amended. Councilor Snyder seconded. There 354 was no Council discussion. Council President Green called for the vote. Ordinance D-2729-24 As 355 Amended was approved 8-0. 356 357
NEW BUSINESS 358 359 Council President Green announced Resolution CC-10-07-24-01; A Resolution of the Common Council of 360 the City of Carmel, Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the General 361 Fund (#101); Sponsor: Councilor Worrell. Councilor Worrell moved to introduce the item into business. 362
Councilor Aasen seconded. Councilor Worrell presented the item to Council. Councilor Worrell moved to 363
approve. Councilor Aasen seconded. There was no discussion. Council President Green called for the vote. 364 Resolution CC-10-07-24-01 was approved 8-0. 365 366 Council President Green announced Resolution CC-10-07-24-02; A Resolution of the Common Council of 367
the City of Carmel, Indiana, Approving a Transfer of Funds in the 2024 Information and Communications 368
Systems Department Budget; Sponsor: Councilor Worrell. Councilor Worrell moved to introduce the item 369 into business. Councilor Aasen seconded. Councilor Worrell introduced the item to Council. Seth Wanlass, 370 interim IT Director for the City of Carmel, presented the item to Council. There is currently an opening in 371 the department they have been unable to fill. Therefore, they are moving money from personal services to 372
contracted services to have work completed. Councilor Aasen moved to approve. Councilor Worrell 373
seconded. There was no discussion. Council President Green called for the vote. Resolution CC-10-07-24-374 02 was approved 8-0. 375 376 Council President Green announced Resolution CC-10-07-24-03; A Resolution of the Common Council of 377
the City of Carmel, Indiana, Transferring Funds from the General Fund #101 to the Rainy Day Fund; 378
Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the item into business. 379 Councilor Minnaar seconded. Councilor Aasen introduced the item to Council. There was brief discussion 380 about the timing of this resolution. Councilor Aasen moved to approve. Councilor Minnaar seconded. There 381 was no discussion. Council President Green called for the vote. Resolution CC-10-07-24-03 was approved 382
8-0. 383
384 Council President Green announced Resolution CC-10-07-24-04; A Preliminary Resolution Designating an 385 Economic Revitalization Area and Qualifying Certain Personal Property for Tax Abatement – The Alliance 386 for Cooperative Energy Services Power Marketing, LLC; Sponsor(s): Councilor(s) Joshi and Worrell. 387
Councilor Worrell moved to introduce the item into business. Councilor Aasen seconded. Councilor Worrell 388
introduced the item to Council. Nick Weber, Executive Director for Economic Development for the City of 389 Carmel, addressed Council. Council President Green referred the item to the Finance, Utilities and Rules 390 Committee. 391 392
Council President Green announced the First Reading of Ordinance D-2734-24; An Ordinance of the 393
Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of 394 the Carmel City Court for the Year 2025; Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers. Councilor 395 Minnaar moved to introduce the item into business. Councilor Aasen seconded. Councilor Minnaar 396 introduced the item to Council. Judge Brian Poindexter stated that all guidelines were followed he made 397
himself available for questions. Council President Green referred the item to the Finance, Utilities and Rules 398 Committee. 399 400 Council President Green announced the First Reading of Ordinance D-2733-24; An Ordinance of the 401 Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Deputies and Employees of 402
the Carmel City Clerk for the Year 2025; Sponsor(s): Councilors Aasen, Ayers and Taylor. Councilor Aasen 403
9
moved to introduce the item into business. Councilor Minnaar seconded. Councilor Ayers introduced the 404 item to Council. Council President Green referred the item to the Finance, Utilities and Rules Committee. 405 406 Council President Green announced the First Reading of Ordinance D-2735-24; An Ordinance of the 407
Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of 408
the City of Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen 409 moved to introduce the item into business. Councilor Minnaar seconded. Councilor Aasen introduced the 410 item to Council. Council President Green referred the item to the Finance, Utilities and Rules Committee. 411 412
413 414 Council President Green announced the First Reading of Ordinance D-2736-24; An Ordinance of the 415 Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, 416 Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce 417
the item into business. Councilor Minnaar seconded. Councilor Minnaar introduced the item to Council. Zac 418
Jackson stated the current form of the ordinance will hopefully remove the politics from the issue. Council 419 President Green referred the item to the Finance, Utilities and Rules Committee. 420 421 Council President Green announced the First Reading of Ordinance D-2737-24; An Ordinance of the 422
Common Council of the City of Carmel, Indiana, Creating the Carmel Surtax Fund and Imposing a Motor 423
Vehicle License Excise Surtax; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to 424 introduce the item into business. Councilor Minnaar seconded. Councilor Aasen introduced the item to 425 Council. Zac Jackson presented the item to Council. Fewer than 20 counties/municipalities have introduced 426 this tax statewide, but many are in Hamilton County. The rate mirrors what Noblesville has in place. Council 427
President Green referred the item to the Finance, Utilities and Rules Committee. 428 429 Council President Green announced the First Reading of Ordinance D-2738-24; An Ordinance of the 430 Common Council of the City of Carmel, Indiana, Creating the Carmel Wheel Tax Fund and Imposing a 431 Municipal Wheel Tax, Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to introduce the 432
item into business. Councilor Minnaar seconded. Councilor Aasen introduced the item to Council. Council 433
President Green referred the item to the Finance, Utilities and Rules Committee. 434 435 Council President Green announced the First Reading of Ordinance D-2739-24; An Ordinance of the 436 Common Council of the City of Carmel, Indiana, Amending Article 4, Sections 2-94, 2-106 and 2-150 and 437
Adding Sections 2-154 and 2-155 of the Carmel City Code; Sponsor(s): Councilors Green and Aasen. 438
Councilor Aasen moved to introduce the item into business. Councilor Minnaar seconded. Councilor Aasen 439 introduced the item to Council. Zac Jackson presented the item to Council. Council President Green referred 440 the item to the Finance, Utilities and Rules Committee. 441 442
Council President Green announced the First Reading of Ordinance D-2740-24; An Ordinance of the 443
Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-444 10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilors Green and Aasen. Councilor Aasen 445 moved to introduce the item into business. Councilor Minnaar seconded. Councilor Aasen introduced the 446 item to Council. Zac Jackson presented the item to Council. Council President Green referred the item to the 447
Finance, Utilities and Rules Committee. 448 449 Council President Green announced the First Reading of Ordinance D-2741-24; An Ordinance of the 450 Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 451 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen. Councilor Aasen moved to 452
introduce the item into business. Councilor Minnaar seconded. Councilor Aasen introduced the item to 453
Council. Council President Green referred the item to the Finance, Utilities and Rules Committee. 454
10
455 Council President Green announced the First Reading of Ordinance D-2744-24; An Ordinance of the 456 Common Council of Carmel, Indiana, Authorizing the Issuance of General Obligation Bonds for the Purpose 457 of Providing Funds to Refinance Certain Capital Equipment Leases and Incidental Expenses in Connection 458
Therewith and on Account of the Issuance and Sale of the 2024 Bonds and Appropriating the Proceeds 459
Derived from the Sale of Such Bonds; Sponsor: Councilor Taylor. Councilor Taylor moved to introduce the 460 item into business. Councilor Minnaar seconded. Councilor Taylor presented the item to Council. Council 461 President Green referred the item to the Finance, Utilities and Rules Committee. 462 463
Council President Green announced the First Reading of Ordinance D-2745-24; An Ordinance of the 464
Common Council of the City of Carmel, Indiana, Adding Chapter 6, Article 5, Section 6-84 to the Carmel 465 City Code; Sponsor(s): Councilor(s) Worrell, Minnaar, Joshi, Ayers and Taylor. Councilor Minnaar moved 466 to introduce the item into business. Councilor Ayers seconded. Councilor Ayers introduced the item to 467 Council. Chief Drake Sterling, Carmel Police Department, presented the item to Council. There was 468
discussion if the ordinance goes far enough and should be strengthened. Samantha Karn, Corporation 469
Counsel, stated that this is a good first step and she expected the legislature to take action on this during the 470 upcoming legislative session. Councilor Taylor moved to suspend the rules and act on this tonight. Councilor 471 Aasen seconded. There was no discussion. Council President Green called for the vote. Motion to suspend 472 the rules approved 8-0. Councilor Taylor moved to approve Ordinance D-2745-24. Councilor Aasen 473
seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2745-24 was 474
approved 8-0. 475 476 AGENDA ADD-ON ITEMS 477 478
OTHER BUSINESS 479 480 DORA Signage Approval. Council President Green removed the item from the Land Use and Special 481 Studies Committee. There was discussion about what needs to be submitted to the Alcohol and Tobacco 482 Commission. Samantha Karn stated that Council needs to approve a design for the signage. Councilor 483
Snyder moved to approve the design put forward by Councilor Locke. Councilor Ayers seconded. There was 484
brief Council discussion about the need to move the item forward. Council President Green called for the 485 vote. The motion was approved 5-2 (Aasen and Taylor opposed. Locke abstained). 486 487 ANNOUNCEMENTS 488
489
Councilor Snyder stated that we may need more time for the Finance Meetings on 10/14/2024. 490 491 ADJOURNMENT 492 493
Council President Green adjourned the meeting at 9:56 p.m. 494
495 Respectfully Submitted, 496 497 _______________________________ 498
Jacob Quinn, Clerk 499 500 501 Approved, 502 503
504 ATTEST: _______________________________ 505
11
Anthony Green, Council President 506 507 _______________________________ 508 Jacob Quinn, Clerk 509
510
SPONSOR(S): Taylor, Snyder
ORDINANCE NO. D-2726-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, APPROVING AND ADOPTING A THIRD AMENDMENT 4
TO INTERLOCAL AGREEMENT 5 6 THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT 7 8 This Third Amendment to Interlocal Cooperation Agreement (“Third Amendment”) is by 9
and between the City of Carmel, Indiana (the “City”) and Clay Township of Hamilton County, 10
Indiana (the “Township”), and shall be effective upon its adoption by the legislative body of both 11 the City and the Township and recording with the Hamilton County Recorder. 12 13 WHEREAS, the City and Township entered into a certain Interlocal Cooperation 14
Agreement adopted by the Township by Resolution and by the City under Ordinance No. D-1603-15
02 dated July 26, 2002 (the “Original Agreement”) to provide joint park and recreation services to 16 the residents of the City and the Township through the Carmel/Clay Board of Parks and Recreation 17 (the “Joint Board”); and 18 19
WHEREAS, the Original Agreement was amended by an Amendment to Interlocal 20
Agreement adopted by the Township by Resolution and by the City under Ordinance D-1740-04 21 dated February 7. 2005 (the “First Amendment”) which provided, among other things, for the 22 adjustment of the size and composition of the Joint Board and the payment by the Township of 23 certain County Option Income Tax funds, now referred to as Local Income Tax (“LIT”) funds to 24
capital projects approved by the Joint Board; and 25
26 WHEREAS, the Original Agreement was further amended by a Second Amendment to 27 Interlocal Agreement adopted by the Township by Resolution and by the City under Ordinance D-28 1998-10 dated July 2, 2010 (the “Second Amendment”), which expanded authorized expenditures 29
for the LIT received by the Township (the Original Agreement, the First Amendment and the 30
Second Amendment collectively the “Amended Agreement”); and 31 32 WHEREAS, the Township entered into a certain lease dated January 20, 2004, as 33 amended, by and between the Township and the Carmel/Clay Board of Parks and Recreation (the 34
“Lease”) to provide for the financing of the Carmel Clay Central Park and Monon Center Project; 35
and 36 37 WHEREAS, the Amended Agreement provides that upon the Township’s final Lease 38 payment for the Central Park Lease-Rental Bonds scheduled to be made on January 15, 2025, the 39
Township’s appointments to the Joint Board are automatically terminated and the Township’s 40
participation in the Joint Board terminates; and 41 42 WHEREAS, the Township has demonstrated its commitment to the joint parks 43 undertaking with the City by issuing bonds to finance projects for the Joint Board including the 44
following: Clay Township General Obligation Bonds, Series 2019B through H and Series 2019J 45
and K in a total principal amount of $30,917,690.10; Clay Township General Obligation Bonds 46 47 48 Ordinance D-2726-24 49
Page One of Four 50
2
Series 2020A in the principal amount of $3,530,000.00; and Clay Township General Obligation 51 Bonds, Series 2022 in the principal amount of $3,100,000 (Parks Related Only), all as further 52 described in Exhibit A attached hereto which bonds are payable solely by the Township for the 53 benefit of the Joint Board through January 15, 2042 (collectively the “Bond Payments”); and 54
55
WHEREAS, the Township and City are in ongoing discussions to determine how best to 56 provide necessary long-term funding to support the Joint Board in the future; and 57 58 WHEREAS, it is in the Carmel and Clay communities’ best interest to maintain the current 59
size and composition of the Joint Board until a funding solution is determined; and 60
61 WHEREAS, the parties desire to revise and amend the Interlocal Cooperation Agreement 62 in accordance with the terms of this Third Amendment. 63 64
NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 65
66 1. Conditional Revision of Section 2.2. Notwithstanding any other provision of the 67 Amended Agreement, so long as the Township makes timely payments on the outstanding Bond 68 Payments, Section 2.2 of the Agreement shall be revised and amended in its entirety to read as 69
follows: 70
71 2.2 The Joint Board shall consist of nine (9) members appointed or selected as follows: 72 73 a. Four (4) members of the Joint Board shall be appointed by the Mayor on the 74
basis of their interest and knowledge of parks and recreation and must be 75
residents of the City. 76 b. Four (4) members of the Joint Board shall be appointed by the Trustee on the 77 basis of their interest and knowledge of parks and recreation and must be 78 residents of the Township. 79
c. One (1) member of the Joint Board shall be appointed by the Board of 80
Education for Carmel/Clay Schools and must be an elected member thereof. 81 d. No more than two (2) of the Mayor’s appointments to the Joint Board shall be 82 from the same political party. 83 e. No more than two (2) of the Trustee’s appointments to the Joint Board shall be 84
from the same political party. 85
f. An elected official of the City or Township shall not be eligible to serve as a 86 member of the Joint Board. 87 g. The Mayor and Trustee shall continue to stagger the date of appointment of 88 members serving on the Joint Board in a manner similar to that which exists at 89
the time of adoption of this Amendment and shall maintain records reflecting 90
the date of appointment and term of each member so appointed. 91 92 Revised Section 2.2, as set forth above, shall automatically terminate and be of no further force or 93 effect on the first date on which the Township fails to timely pay any portion of the Bond Payments 94
referenced in Exhibit A. 95
96 97 Ordinance D-2726-24 98 Page Two of Four 99
3
2. Ratification. In all other respects, and except as amended by this Third 100 Amendment, the parties hereby ratify, approve and continue the Amended Agreement in every 101 way. This Third Amendment shall be incorporated into the terms of the Amended Agreement as if 102 set forth in full therein. 103
104
3. Termination. This Third Amendment shall automatically terminate on December 105 31, 2026 unless revised or extended in writing by the legislative body of the Township and the 106 City. 107 108
4. Enforceability. This Third Amendment is entered into pursuant to I.C. 36-1-7, et. 109
seq., and the same may be amended or supplemented from time to time. The Amendment shall be 110 recorded in the office of the Hamilton County Recorder after approval by the City and the 111 Township, and shall be filed with the State Boad of Accounts for audit purposes, as required by 112 I.C. 36-1-7, and shall not be deemed enforceable and binding until it is recorded with the County 113
Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an 114
original and all of which together shall constitute one and the same instrument. 115 116 Passed, by the Common Council of the City of Carmel, Indiana, this _____ day of 117 __________, 2024, by a vote of _____ ayes and _____ nays. 118
119 COMMON COUNCIL OF THE CITY OF CARMEL 120 121 ________________________________ ______________________________ 122 Anthony Green, President Adam Aasen, Vice President 123
124
________________________________ ______________________________ 125 Theresa Ayers Anita Joshi 126 127 ________________________________ ______________________________ 128
Ryan Locke Shannon Minnnar 129
130 ________________________________ ______________________________ 131 Matthew Snyder Richard F. Taylor III 132 133
________________________________ 134
Jeff Worrell 135 136 ATTEST: 137 138
________________________________ 139
Jacob Quinn, Clerk 140 141 142 143
144
145 146 Ordinance D-2726-24 147 Page Three of Four 148
4
Presented by me to the Mayor of the City of Carmel, Indiana, this _____ day of 149 ____________, 2024, at _____ __M. 150 151 __________________________________ 152
Jacob Quinn, Clerk 153
154 155 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ____________, 156 2024, at _____ __M. 157
158
___________________________________ 159 Sue Finkam, Mayor 160 161 ATTEST: 162
163
___________________________________ 164 Jacob Quinn, Clerk 165 166 167
ALL OF WHICH IS AGREED by and between the Township on the date set forth below. 168
169 170 CLAY TOWNSHIP 171 HAMILTON COUNTY, INDIANA 172
173
174 By: _________________________________ 175 Paul K. Bolin, Chairman 176 177
_________________________________ 178
Douglas Callahan, Secretary 179 180 _________________________________ 181 Mary Eckard, Member 182
183
184 185 CLAY TOWNSHIP 186 HAMILTON COUNTY, INDIANA 187
188
189 By: __________________________________ 190 Paul Hensel, Township Trustee 191 192
193
194 195 Ordinance D-2726-24 196 Page Four of Four 197
198
5
EXHIBIT A 199 200 List of Clay Township Bonds 201 202
Project Bond Series Par Amount Last Payment Date West Park 2019B $4,765,858.85 1/15/2039 Inlow Park 2019C $2,639,928.00 1/15/2039 Meadowlark Park 2019D $4,132,416.05 1/15/2039
Carey Grove Park 2019E $2,080,859.95 1/15/2039
River Heritage Park 2019F $3,070,003.05 1/15/2039 Monon Greenway 2019G $4,754,500.50 1/15/2039 Japanese Gardens 2019H $3,093,925.75 1/15/2039 Flowing Well Park 2019J $1,935,990.20 1/15/2039
Central Park 2019K $4,444,207.55 1/15/2039
106th Street Pedestrian Bridge 2020A $3,530,000.00 7/15/2040
Carter Green Project 2022 $1,700,000.00 1/15/2042 Japanese Outdoor
Structures
2022 $ 600,000.00 1/15/2042
General Parks Projects 2022 $ 800,000.00 1/15/2042 Total: $37,547,689.90 203
204 205 206 207 208
209 210 211 212 213
214
215 216 217 218
This instrument prepared by and should be returned upon recording to: Brian C. Bosma, Esq., 219
Kroger Gardis & Regas, LLP, 111 Monument Circle, Suite 900, Indianapolis, IN 46204-5125 220 221 222 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 223
Security number in this document, unless required by law. Brian C. Bosma. 224
225 226
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
RESOLUTION NO. CC 10-07-24-04 1 2
A PRELIMINARY RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION 3 AREA AND QUALIFYING CERTAIN PERSONAL PROPERTY FOR TAX ABATEMENT - 4 THE ALLIANCE FOR COOPERATIVE ENERGY SERVICES POWER MARKETING, LLC 5 6
Synopsis: A preliminary resolution that designates the real property located at 4140 W 7 99th Street, Carmel, Indiana as an economic revitalization area and grants a partial 8 abatement of property taxes attributable to certain eligible equipment installed therein 9 10 WHEREAS, Ind. Code § 6-1.1-12.1 (the “Act”) allows a partial abatement of property 11
taxes attributable to the installation of certain equipment in “economic revitalization areas”; and, 12
WHEREAS, the Act provides that an economic revitalization area must be a geographic 13
area which is within the corporate limits of a city and which has become undesirable for, or 14
impossible of, normal development and occupancy because of lack of development, cessation of 15
growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard 16
building or other factors which have impaired values or prevent a normal development of property 17
or use of property; and, 18
WHEREAS, the Act authorizes the Common Council of the City of Carmel, Indiana (the 19
“Council”) to designate economic revitalization areas by following a procedure involving adoption 20
of a preliminary resolution, publication of a notice of a public hearing, conducting a public hearing 21
and adoption of a final resolution confirming the preliminary resolution and the tax abatement; 22
and, 23
WHEREAS, the Council believes that it is in the best interest of the citizens of the City of 24
Carmel (the “City”) to create an economic revitalization area designation in a manner whereby 25
citizens of the City will benefit from the creation of permanent jobs, expansion of the property tax 26
base, and protection of private investment; and, 27
28
Resolution CC 10-07-24-04 29
Page One of Seven Pages 30 31
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
WHEREAS, the Alliance for Cooperative Energy Services Power Marketing LLC d/b/a 32
ACES Power, (the “Company”), has requested the personal property abatement as described herein 33
and filed a Statement of Benefits Form (SB-1) with the City of Carmel which is attached hereto 34
and fully incorporated herein; 35
WHEREAS, the Company is requesting that the real estate located at 4140 W 99th Street, 36
Carmel, Indiana (the “Project Site”) be designated as an Economic Revitalization Area for the 37
purpose of achieving property tax savings in connection with the acquisition and installation of 38
certain depreciable personal property (the “Project”) at the Project Site; and, 39
WHEREAS, the Project Site is shown and described on Exhibit A, which is attached 40
hereto and incorporated herein by this reference, and is presently part of Hamilton County Tax 41
Parcel 17-13-07-00-10-005.000 and State Parcel Number 29-13-07-010-005.000-018; and, 42
WHEREAS, the Company has operations in Arizonia, Minneapolis and North Carolina 43
and all were considered for this expansion project, with Carmel being the preferred location 44
pending finalization of project incentives; and, 45
WHEREAS, the Company committed to invest Six Million Five Hundred Thousand 46
Dollars ($6,500,000) in tangible personal property at the Project Site, of which Four Million 47
Dollars ($4,000,000) will qualify for personal property tax abatement as new IT equipment (new 48
IT equipment is hereinafter referred to as “Eligible Personal Property”); and, 49
WHEREAS, the Company anticipates retention of two hundred fourteen (214) existing 50
full-time employees compensated at an average annual wage of One Hundred Thirty Thousand 51
($130,000) per year (excluding overtime and benefits) at the Project Site as a result of the Project. 52
The Company also anticipates adding approximately forty-five (45) new full-time employees 53
compensated at an average annual wage of One Hundred Eighteen Thousand Dollars ($118,000) 54
Resolution CC 10-07-24-04 55
Page Two of Seven Pages 56
57
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
per year (excluding overtime and benefits) as a result of the Project. All investments will be 58
complete and new full-time employees hired before December 31, 2028. 59
BASED UPON THE ABOVE, IT IS THEREFORE RESOLVED, by the Common Council 60
of the City of Carmel as follows: 61
1. The request for an economic revitalization area designation relative to the Project 62
was properly made by the Company, and the Statement of Benefits Form (SB-1) is hereby 63
approved by the Council. 64
2. The Project Site is located in an area of the City where municipal services are 65
provided and no additional infrastructure will be necessitated by the Project. 66
3. Project Site is zoned for and is generally suitable for the proposed expanded use of 67
commercial office and is consistent with the site’s existing development pattern; however, given 68
the age of the facility at the Project Site and the complexity of the technology systems being 69
installed at the site, and security systems and structures required, investment in the Eligible 70
Personal Property will require significant additional investment in real property improvements to 71
accommodate the Project making it undesirable for normal development 72
4. Evidence has been submitted and considered which indicates that the Project will further 73
and promote municipal development objectives by expansion of the property tax base through the 74
purchase and installation of the Eligible Personal Property including, but not limited to, servers 75
and related hardware, computer storage hardware, laptops, computer network switches and other 76
network equipment, date center equipment (batteries and cooling units), large format monitors and 77
phone system hardware. 78
79
80
Resolution CC 10-07-24-04 81
Page Three of Seven Pages 82
83
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
5. The Council hereby designates the Project Site as an Economic Revitalization Area 84
for purposes of establishing a deduction to the assessed value of Eligible Personal Property 85
acquired and installed within the building located upon the Project Site, subject to the adoption of 86
a confirmatory resolution by the Council. 87
6. The Council further designates that the economic revitalization area designation 88
declared by this Resolution shall expire on December 31, 2028. 89
7. The deduction provided by this Resolution shall be for the assessed value of all 90
Eligible Personal Property installed at the Project Site on or after November 1, 2024, and for a 91
period of five (5) years from the date of the first full assessment of the Eligible Personal Property 92
located at the Project Site. The Company agrees to not file any appeal of annual tax assessments 93
over the course of the five (5) year period. The Council hereby finds, declares and determines that 94
deductions from the assessed value of the Eligible Personal Property approved by this Resolution 95
shall be allowed pursuant to the following five (5) year deduction schedule, which the Common 96
Council hereby establishes, prescribes and adopts: 97
YEAR OF DEDUCTION PERCENTAGE OF DEDUCTION 98
1st 75% 99 2nd 75% 100
3rd 75% 101 4th 75% 102 5th 75% 103 6th 0% 104
105
8. In support of the deductions contained in this Resolution, the Council makes the 106
following FINDINGS: 107
a. The estimated cost of the Eligible Personal Property investment presented by 108
the Company is reasonable for equipment of that type. 109
110
Resolution CC 10-07-24-04 111
Page Four of Seven Pages 112
113
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
b. The estimate of the number of individuals who will be employed or whose 114
employment will be retained by the Company can be reasonably expected to 115
result from the installation of the Eligible Personal Property. 116
c. The annual salaries for the individuals who will be employed or whose 117
employment will be retained by the Company can reasonably be expected to 118
result from the installation of the Eligible Personal Property. 119
d. Based on the total projected investment by the Company, increased assessed 120
valuation, and the expansion of the employment base within the City of Carmel, 121
the benefits to the City are sufficient to justify the granting of the deduction 122
described in Section 7 above. 123
9. The terms of this Resolution are subject to the adoption of a Final Resolution 124
confirming the terms and conditions herein after a public hearing to be held on November 18, 125
2024, at 6:00 p.m., in the Council Chamber Room located at One Civic Square, Carmel, Indiana 126
46032. 127
10. The deductions provided by this Resolution are subject to the Company’s 128
compliance with the terms of the Agreement entered into between the City and the Company, and 129
the requirements contained in Ind. Code § 6-1.1-12.1, and may only be modified or terminated 130
according to the procedures contained in Ind. Code § 6-1.1-12.1-5.9. 131
11. A copy of this Resolution shall be filed with the Hamilton County Assessor as 132
required by Ind. Code § 6-1.1-12.1-2.5. Further, a copy of this Resolution and the Statement of 133
Benefits Form shall be filed with the officers of each taxing unit that has authority to levy property 134
taxes in the geographic area which is hereby allowed deductions at least ten (10) days prior to the 135
public hearing on this Resolution. 136
Resolution CC 10-07-24-04 137
Page Five of Seven Pages 138
139
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
12. Further, the Company shall cause a notice to be published in the paper of record in 140
accordance with Ind. Code § 5-3-1, which shall advise that at the Carmel City Council's meeting 141
on November 18 at 6:00 p.m., the Council will receive and hear all remonstrance and objections 142
from interested persons, and, having heard and considered same, will act to rescind, modify and 143
confirm, or confirm this Resolution. The notice must be published no later than ten (10) days 144
before the aforementioned Council meeting and shall state that a description of the affected area 145
is available and can be inspected in the Hamilton County Assessor's Office. 146
147
148
149
150
151
152
Signature page to follow 153
154
155 156
157 158 159 160
161
162 163 164 165 166
167 168 169 170
Resolution CC 10-07-24-04 171
Page Six of Seven Pages 172 173
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day 174 of ________, 2024, by a vote of _____ ayes and _____ nays. 175
176 COMMON COUNCIL FOR THE CITY OF CARMEL 177 178 ___________________________________ 179
Anthony Green, President Adam Aasen, Vice-President 180
181
182 ___________________________________ ____________________________________ 183
Jeff Worrell Teresa Ayers 184 185
186 ___________________________________ ____________________________________ 187 Shannon Minnaar Anita Joshi 188 189
190 ___________________________________ ____________________________________ 191
Ryan Locke Matt Snyder 192 193
194 ___________________________________ 195 Rich Taylor 196 197 ATTEST: 198
199 _________________________________ 200 Jacob Quinn, Clerk 201 202
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 203
_________________________ 2024, at _______ __.M. 204 205 ____________________________________ 206 Jacob Quinn, Clerk 207 208
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 209 ________________________ 2024, at _______ __.M. 210 211 ____________________________________ 212
Sue Finkam, Mayor 213
ATTEST: 214
215 ___________________________________ 216 Jacob Quinn, Clerk 217 218
219 220 Resolution CC 10-07-24-04 221 Page Seven of Seven Pages 222
Sponsor: Councilor Taylor
ORDINANCE D-2744-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 3
CARMEL, INDIANA, AUTHORIZING THE ISSUANCE OF GENERAL 4 OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO 5 REFINANCE CERTAIN CAPITAL EQUIPMENT LEASES AND 6 INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND 7 ON ACCOUNT OF THE ISSUANCE AND SALE OF THE 2024 BONDS 8
AND APPROPRIATING THE PROCEEDS DERIVED FROM THE SALE 9 OF SUCH BONDS 10
Synopsis: 11 This ordinance authorizes the issuance of general obligation bonds of the City, to be payable 12 from ad valorem property taxes, for the purpose of refinancing certain outstanding capital 13
equipment leases in order to provide interest cost savings to the City and paying costs of 14
issuance of such bonds 15
WHEREAS, the City of Carmel, Indiana (the “City”) has previously entered into certain 16 master lease agreements or lease-purchase agreements, more particularly described in Exhibit A 17 hereto and made a part hereof (collectively, the “Prior Leases”) to provide financing to purchase 18
certain capital equipment used, or to be used, by one or more departments of the City, which 19
equipment is more particularly described in Exhibit A hereto (collectively, the “Equipment”); 20 and 21
WHEREAS, the Prior Leases are currently payable from the City’s General Fund or 22 Ambulance Fund; and 23
WHEREAS, due to favorable market conditions, the Common Council of the City (the 24
“Council”) now desires to authorize the refinancing of all or a portion of the Prior Leases in 25 order to (i) lower the interest costs associated with the Prior Leases and thereby provide a 26 savings to the City’s General Fund and Ambulance Fund, respectively, and (ii) change the source 27 of security to finance the cost of such Equipment (collectively, the “Refunding”); and 28
WHEREAS, the Common Council (the “Council”) hereby finds that it would be of 29
public utility and benefit and in the best interests of the City and its citizens to finance the costs 30 of the Refunding through the issuance of general obligation bonds of the City; and 31
WHEREAS, the Council deems it advisable to authorize the issuance, in one or more 32 series, of general obligation refunding bonds of the City pursuant to Indiana Code 5-1-5 and 33
Indiana Code 36-4-6-19, each as amended, designated as the “City of Carmel, Indiana, General 34
Obligation Refunding Bonds, Series 2024” (with such different or additional series designation 35 determined to be necessary or appropriate) (the “2024 Bonds”), in the original aggregate 36 principal amount not to exceed Nine Million Dollars ($9,000,000), for the purpose of providing 37 funds to be applied to pay the costs of the Refunding and the costs incurred in connection with 38
the issuance and sale of the 2024 Bonds and all incidental expenses therewith, including the cost 39
of any credit enhancement with respect thereto (if necessary); and 40
WHEREAS, the original principal amount of the 2024 Bonds, together with the 41 outstanding principal amount of previously issued bonds or other obligations which constitute a 42 debt of the City, is no more than two percent (2%) of one-third (1/3) of the total net assessed 43
2
valuation of the City; and 44
WHEREAS, the Council now finds that the Equipment subject to each of the Prior 45
Leases is considered an independently desirable end in itself without reference to another capital 46
project, and none of the Prior Leases has cost, or will cost, the City more than $6,350,000; and 47
WHEREAS, the amount of proceeds of the 2024 Bonds allocated to pay costs of the 48 Refunding and the costs of issuance of the 2024 Bonds, together with estimated investment 49 earnings thereon, does not exceed the amount needed for such purpose, as estimated by the 50
Council; and 51
WHEREAS, the Council now finds that the existing budget and tax levy did not 52 contemplate the costs of the Refunding or the issuance of the 2024 Bonds, and now desires to 53 authorize the issuance of the 2024 Bonds to procure such funds for such purpose and that a need 54 exists for the making of the additional appropriation hereinafter set out; and 55
WHEREAS, notice of a hearing on said appropriation has been duly given by 56
publication as required by law, and the hearing on said appropriation has been held, at which all 57 taxpayers and other interested persons had an opportunity to appear and express their views as to 58 such appropriation; and 59
WHEREAS, the Council now finds that all conditions precedent to the adoption of an 60
ordinance authorizing the issuance of the 2024 Bonds and an additional appropriation of the City 61
have been complied with in accordance with the Act. 62
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 63 CITY OF CARMEL, INDIANA THAT: 64
SECTION 1. Authorization for the 2024 Bonds. In order to provide financing for the 65
Refunding and incidental expenses incurred in connection therewith and on account of the 66
issuance of the 2024 Bonds, the City shall borrow money and issue the 2024 Bonds as herein 67 authorized. 68
SECTION 2. General Terms of Bonds. In order to procure said loan for such purposes, 69 the CFO/Controller of the City (the “Controller”) is hereby authorized and directed to have 70
prepared and to issue and sell negotiable general obligation bonds of the City, in one or more 71
series, in an aggregate principal amount not to exceed Nine Million Dollars ($9,000,000) (the 72 “Authorized Amount”), to be designated “City of Carmel, Indiana, General Obligation 73 Refunding Bonds, Series 2024” (with an appropriate additional series designation, if needed) for 74 the purpose of providing financing for the Refunding and incidental expenses, such expenses to 75
include, without limitation, the costs of selling and issuing the 2024 Bonds. 76
The 2024 Bonds shall be signed in the name of the City by the manual or facsimile 77 signature of the Mayor of the City and attested by the manual or facsimile signature of the 78 Controller of the City, who shall affix the seal of the City, if any, to each of the 2024 Bonds 79 manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In 80
case any officer whose signature or facsimile signature appears on the 2024 Bonds shall cease to 81
be such officer before the delivery of the 2024 Bonds, such signature shall nevertheless be valid 82 and sufficient for all purposes as if such officer had remained in office until delivery thereof. 83 The 2024 Bonds shall also be authenticated by the manual signature of the Registrar (as hereafter 84 defined). Subject to the provisions of this Ordinance regarding the registration of the 2024 85
3
Bonds, the 2024 Bonds shall be fully negotiable instruments under the laws of the State of 86 Indiana. 87
The 2024 Bonds are, as to all the principal thereof and interest due thereon, general 88
obligations of the City, payable from ad valorem property taxes on all taxable property within 89 the City. 90
The 2024 Bonds shall be issued in fully registered form in denominations of Five 91 Thousand Dollars ($5,000) or any integral multiple thereof (or such different denominations as 92
shall be acceptable to the Controller, upon the advice of bond counsel), shall be numbered 93
consecutively from 2024R-1 upward, and shall be originally dated as of their date of issuance. 94 The 2024 Bonds shall bear interest payable semiannually on January 15 and July 15 of each year 95 (each, an “Interest Payment Date”), or such other dates as determined by the Controller prior to 96 the sale of the 2024 Bonds, based on advice of the municipal advisor to the City, beginning no 97
earlier than January 15, 2025, at a rate or rates not exceeding six percent (6.00%) per annum (the 98
exact rate or rates to be determined by bidding or negotiation pursuant to Section 6 of this 99 Ordinance). Interest shall be calculated on the basis of a 360-day year comprised of twelve 100 30-day months. 101
The 2024 Bonds shall mature on the dates and shall be issued in the principal amounts, as 102
applicable, as determined by the Controller and Mayor, provided that the original aggregate 103
principal amount does not exceed the Authorized Amount, that the first maturity shall be no 104 earlier than January 15, 2025, and that the final maturity shall be no later than January 15, 2034. 105
All payments of interest on the 2024 Bonds shall be paid by check mailed one business 106 day prior to the Interest Payment Date to the registered owners thereof as of the fifteenth (15th) 107
day of the month preceding the month in which interest is payable at the addresses as they appear 108
on the registration books kept by the Registrar (the “Registration Record”) or at such other 109 address as is provided to the Paying Agent (as hereafter defined) in writing by such registered 110 owner. Each registered owner of $100,000 or more in principal amount of 2024 Bonds shall be 111 entitled to receive interest payments by wire transfer by providing written wire instructions to the 112
Paying Agent before the record date for any payment. All principal payments on the 2024 Bonds 113
shall be made upon surrender thereof at the principal office of the Paying Agent, in any coin or 114 currency of the United States of America which on the date of such payment shall be legal tender 115 for the payment of public and private debts, or in the case of a registered owner of $100,000 or 116 more in principal amount of 2024 Bonds, by wire transfer on the due date upon written direction 117
of such owner provided at least fifteen (15) days prior to the maturity date. 118
Interest on 2024 Bonds shall be payable from the Interest Payment Date to which interest 119 has been paid next preceding the authentication date thereof unless such 2024 Bonds are 120 authenticated after the date which is fifteen (15) days immediately prior to such Interest Payment 121 Date and on or before such Interest Payment Date in which case they shall bear interest from 122
such Interest Payment Date, or unless authenticated on or before the date which is fifteen (15) 123
days immediately prior to the first Interest Payment Date, in which case they shall bear interest 124 from the original date, until the principal shall be fully paid. 125
Each Bond shall be transferable or exchangeable only upon the Registration Record by 126 the registered owner thereof in person, or by his attorney duly authorized in writing, upon 127
surrender of such Bond together with a written instrument of transfer or exchange satisfactory to 128
the Registrar duly executed by the registered owner or his attorney duly authorized in writing, 129 and thereupon a new fully registered Bond or 2024 Bonds in the same aggregate principal 130
4
amount, and of the same maturity, shall be executed and delivered in the name of the transferee 131 or transferees or the registered owner, as the case may be, in exchange therefor. The costs of 132
such transfer or exchange shall be borne by the City, except for any tax or governmental charge 133
required to be paid in connection therewith, which shall be payable by the person requesting such 134 transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the 135 persons in whose names such 2024 Bonds are registered as the absolute owners thereof for all 136 purposes including for the purpose of receiving payment of, or on account of, the principal 137
thereof and interest due thereon. 138
In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the 139 Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, 140 lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the 141 bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated 142
bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed 143
bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction 144 satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the 145 event any such bond shall have matured, instead of issuing a duplicate bond, the City and the 146 Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender 147
thereof. The City and the Registrar may charge the owner of such Bond with their reasonable 148
fees and expenses in this connection. Any bond issued pursuant to this paragraph shall be 149 deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or 150 destroyed Bond shall be found at any time, and shall be entitled to all the benefits of this 151 Ordinance, equally and proportionately with any and all other 2024 Bonds issued hereunder. 152
SECTION 3. Terms of Redemption. The Controller, upon consultation with the City’s 153
municipal advisor, may designate maturities of 2024 Bonds (or portion thereof in integral 154 multiples of $5,000 principal amount each) that shall be subject to optional redemption and/or 155 maturity sinking fund redemption, and the corresponding redemption dates, amounts and prices 156 (including premium, if any). Except as otherwise set forth in this Ordinance, the Controller, 157
upon consultation with the City’s municipal advisor, is hereby authorized and directed to 158
determine the terms governing any such redemption. 159
Notice of redemption shall be mailed by first-class mail or by registered or certified mail 160 to the address of each registered owner of a Bond to be redeemed as shown on the Registration 161 Record not more than forty-five (45) days and not less than thirty (30) days prior to the date 162
fixed for redemption except to the extent such redemption notice is waived by owners of 2024 163
Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect 164 therein, with respect to any Bond shall not affect the validity of any proceedings for the 165 redemption of any other 2024 Bonds. Any notice of redemption required under this section shall 166 identify the 2024 Bonds to be redeemed including the complete name of the 2024 Bonds, the 167
interest rate, the issue date, the maturity date, the respective CUSIP numbers (if any) and 168
certificate numbers (and, in the case of a partial redemption, the respective principal amounts to 169 be called) and shall state (i) the date fixed for redemption, (ii) the Redemption Price, (iii) that the 170 2024 Bonds called for redemption must be surrendered to collect the Redemption Price, (iv) the 171 address of the principal corporate trust office of the registrar and paying agent at which the 2024 172
Bonds must be surrendered together with the name and telephone number of a person to contact 173
from the office of the registrar and paying agent, (v) any condition precedent to such redemption, 174 (vi) that on the date fixed for redemption, and upon the satisfaction of any condition precedent 175 described in the notice, the Redemption Price will be due and payable upon each such 2024 176 Bond or portion thereof and that interest on the 2024 Bonds called for redemption ceases to 177
5
accrue on the date fixed for redemption, and (vii) that if such condition precedent is not satisfied, 178 such notice of redemption is rescinded and of no force and effect, and the principal and premium, 179
if any, shall continue to bear interest on and after the date fixed for redemption at the interest rate 180
borne by the 2024 Bond. The place of redemption may be determined by the City. Interest on 181 the 2024 Bonds so called for redemption shall cease on the redemption date fixed in such notice 182 if sufficient funds are available at the place of redemption to pay the redemption price on the 183 date so named, and thereafter, such 2024 Bonds shall no longer be protected by this Ordinance 184
and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right 185
only to receive the redemption price. 186
All 2024 Bonds which have been redeemed shall be canceled and shall not be reissued; 187 provided, however, that one or more new registered 2024 Bonds shall be issued for the 188 unredeemed portion of any Bond without charge to the holder thereof. 189
No later than the date fixed for redemption, funds shall be deposited with the Paying 190
Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply 191 such funds to the payment of, the 2024 Bonds or portions thereof called for redemption, 192 including accrued interest thereon to the redemption date. No payment shall be made upon any 193 Bond or portion thereof called for redemption until such bond shall have been delivered for 194
payment or cancellation or the Registrar shall have received the items required by this resolution 195
with respect to any mutilated, lost, stolen or destroyed bond. 196
SECTION 4. Appointment of Registrar and Paying Agent. The Controller is hereby 197 authorized to serve as, or to appoint a qualified financial institution to serve as, registrar and 198 paying agent for the 2024 Bonds (the “Registrar” or “Paying Agent”). The Registrar is hereby 199
charged with the responsibility of authenticating the 2024 Bonds, and shall keep and maintain at 200
its principal office or corporate trust office books for the registration and transfer of the 2024 201 Bonds. The Controller is hereby authorized to enter into such agreements or understandings with 202 such institution as will enable the institution to perform the services required of the Registrar and 203 Paying Agent. The Controller is authorized to pay such fees as the institution may charge for the 204
services it provides as Registrar and Paying Agent. 205
The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by 206 giving thirty (30) days written notice to the Controller and to each registered owner of the 2024 207 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days 208 or upon the earlier appointment of a successor Registrar and Paying Agent by the Controller. 209
Such notice to the Controller may be served personally or be sent by first-class or registered 210
mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying 211 Agent by the Controller, in which event the Controller may appoint a successor Registrar and 212 Paying Agent. The Controller shall notify each registered owner of the 2024 Bonds then 213 outstanding of the removal of the Registrar and Paying Agent. Notices to registered owners of 214
the 2024 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of 215
such registered owners as they appear on the Registration Record. Any predecessor Registrar 216 and Paying Agent shall deliver all the 2024 Bonds, cash and investments in its possession and 217 the Registration Record to the successor Registrar and Paying Agent. At all times, the same 218 entity shall serve as Registrar and as Paying Agent. 219
SECTION 5. Form of Bonds. (a) The form and tenor of the 2024 Bonds shall be 220
substantially as follows, all blanks to be filled in properly and all necessary additions and 221 deletions to be made prior to delivery thereof: 222
6
2024R- 223 UNITED STATES OF AMERICA 224 225 STATE OF INDIANA COUNTY OF HAMILTON 226
CITY OF CARMEL, INDIANA 227 GENERAL OBLIGATION REFUNDING BOND, SERIES 2024 228
Interest Rate Maturity Date Original Date Authentication Date [CUSIP] 229 REGISTERED OWNER: 230
PRINCIPAL SUM: ___________________________ DOLLARS ($______) 231
The City of Carmel, in Hamilton County, Indiana (the “City”) for value received, hereby promises to pay to 232 the Registered Owner set forth above, the Principal Sum set forth above on the Maturity Date set forth above, 233 and to pay interest thereon until the Principal Sum shall be fully paid, at the Interest Rate per annum specified 234 above from the Interest Payment Date (as defined herein) to which interest has been paid next preceding the 235 Authentication Date of this bond unless this bond is authenticated after the date which is fifteen (15) days 236
immediately preceding such Interest Payment Date and on or before such Interest Payment Date in which case it 237 shall bear interest from such Interest Payment Date, or unless this bond is authenticated on or before [________ 238 15, 2025], in which case it shall bear interest from the Original Date, which interest is payable semiannually on 239 January 15 and July 15 of each year (each, an “Interest Payment Date”), beginning on [_________ 15, 2025]. 240 Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. 241
The principal of this bond is payable at __________________ (the “Registrar” or “Paying Agent”), in 242
__________, Indiana. All payments of interest on this bond shall be paid by check mailed one business day 243 prior to the Interest Payment Date to the registered owner hereof as of the first day of the month in which 244 interest is payable at the address as it appears on the registration books kept by the Registrar or at such other 245 address as is provided to the Paying Agent in writing by the Registered Owner. Each registered owner of 246 $1,000,000 or more in principal amount of 2024 Bonds shall be entitled to receive interest payments by wire 247 transfer by providing written wire instructions to the Paying Agent before the record date for any payment. All 248
payments of principal of and premium, if any, on this bond shall be made upon surrender thereof at the principal 249 [corporate trust] office of the Paying Agent in any coin or currency of the United States of America which on 250 the dates of such payment shall be legal tender for the payment of public and private debts, or in the case of a 251 Registered Owner of $1,000,000 or more in principal amount of 2024 Bonds, by wire transfer on the due date 252 upon written direction of such owner provided at least fifteen (15) days prior to the maturity date. 253
This bond is one of an authorized issue of negotiable general obligation bonds of the City, of like original 254
date, tenor and effect, except as to denomination, numbering, interest rates, and dates of maturity, in the total 255 amount of ____________ ($___________), numbered consecutively from 2024R-1 upward, issued for the 256 purpose of financing the costs of refinancing certain capital equipment leases of the City as more particularly 257 described in the Ordinance (as defined herein) and (b) the costs incurred in connection with the issuance and 258 sale of the bonds and all incidental expenses therewith, as authorized by Ordinance D-2732-24 adopted by the 259 Common Council on the __ day of __________, 2024 (the “Ordinance”), and in accordance with Indiana Code 260 5-1-5, et seq., Indiana Code § 36-4-6-19 and other applicable provisions of the Indiana Code, as amended 261 (collectively, the “Act”). The owner of this bond, by the acceptance hereof, agrees to all the terms and 262 provisions contained in the Ordinance and the Act. 263
PURSUANT TO THE PROVISIONS OF THE ACT AND THE ORDINANCE, THE PRINCIPAL OF 264 THIS BOND AND ALL OTHER 2024 BONDS OF SAID ISSUE AND THE INTEREST DUE THEREON 265 ARE PAYABLE AS A GENERAL OBLIGATION OF THE CITY, FROM AN AD VALOREM PROPERTY 266
TAX TO BE LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY. 267
[INSERT REDEMPTION TERMS] 268
Notice of such redemption shall be mailed by first-class mail or by registered or certified mail not more 269 than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the 270 registered owner of each bond to be redeemed as shown on the registration record of the City except to the 271
7
extent such redemption notice is waived by owners of the bond or bonds redeemed, provided, however, that 272 failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity 273 of any proceedings for the redemption of any other 2024 Bonds. Any notice of redemption required under this 274 section shall identify the 2024 Bonds to be redeemed including the complete name of the 2024 Bonds, the 275 interest rate, the issue date, the maturity date, the respective CUSIP numbers (if any) and certificate numbers 276 (and, in the case of a partial redemption, the respective principal amounts to be called) and shall state (i) the 277
date fixed for redemption, (ii) the Redemption Price, (iii) that the 2024 Bonds called for redemption must be 278 surrendered to collect the Redemption Price, (iv) the address of the principal corporate trust office of the 279 registrar and paying agent at which the 2024 Bonds must be surrendered together with the name and telephone 280 number of a person to contact from the office of the registrar and paying agent, (v) any condition precedent to 281 such redemption, (vi) that on the date fixed for redemption, and upon the satisfaction of any condition precedent 282 described in the notice, the Redemption Price will be due and payable upon each such 2024 Bond or portion 283
thereof and that interest on the 2024 Bonds called for redemption ceases to accrue on the date fixed for 284 redemption, and (vii) that if such condition precedent is not satisfied, such notice of redemption is rescinded and 285 of no force and effect, and the principal and premium, if any, shall continue to bear interest on and after the date 286 fixed for redemption at the interest rate borne by the 2024 Bond. The place of redemption may be determined 287 by the City. Interest on the 2024 Bonds so called for redemption shall cease on the redemption date fixed in 288 such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so 289
named, and thereafter, such 2024 Bonds shall no longer be protected by the Ordinance and shall not be deemed 290 to be outstanding thereunder. 291
This bond is subject to defeasance prior to payment as provided in the Ordinance. 292
If this bond shall not be presented for payment on the date fixed therefor, the City may deposit in trust with 293 the Paying Agent or another paying agent, an amount sufficient to pay such bond, and thereafter the Registered 294 Owner shall look only to the funds so deposited in trust for payment and the City shall have no further 295
obligation or liability in respect thereto. 296
This bond is transferable or exchangeable only upon the books of the City kept for that purpose at the office 297 of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon 298 surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar 299 duly executed by the Registered Owner or his attorney duly authorized in writing, and thereupon a new fully 300 registered bond or 2024 Bonds in the same aggregate principal amount, and of the same maturity, shall be 301
executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, 302 in exchange therefor. The City, any registrar and any paying agent for this bond may treat and consider the 303 person in whose name this bond is registered as the absolute owner hereof for all purposes including for the 304 purpose of receiving payment of, or on account of, the principal hereof and interest due hereon. 305
The 2024 Bonds maturing in any one year are issuable only in fully registered form in the denomination of 306 [$5,000 or any integral multiple thereof]. 307
It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in 308 the execution, issuance and delivery of this bond have been done and performed in regular and due form as 309 provided by law. 310
This bond shall not be valid or become obligatory for any purpose until the certificate of authentication 311 hereon shall have been executed by an authorized representative of the Registrar. 312
IN WITNESS WHEREOF, the City of Carmel, Indiana, has caused this bond to be executed in its 313 corporate name by the manual or facsimile signatures of its duly elected, qualified and acting Mayor, its 314 corporate seal, if any, to be hereunto affixed, imprinted or impressed by any means and attested manually or by 315 facsimile by the Controller of the City. 316
CITY OF CARMEL, INDIANA By: Mayor (SEAL)
8
ATTEST: Controller
CERTIFICATE OF AUTHENTICATION 317
It is hereby certified that this bond is one of the 2024 Bonds described in the within-mentioned Ordinance 318 duly authenticated by the Registrar. 319
_____________________________, as Registrar 320 321
322 By: 323 Authorized Representative 324 325 326 The following abbreviations, when used in the inscription on the face of this bond, shall be construed as 327
though they were written out in full according to applicable laws or regulations: 328
TEN. COM. as tenants in common
TEN. ENT. as tenants by the entireties
JT. TEN. as joint tenants with right of survivorship and
not as tenants in common UNIF. TRANS. MIN. ACT Custodian (Cust.) (Minor) under Uniform Transfers to Minors Act of
(State) Additional abbreviations may also be used, although not contained in the above list. 329
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto 330
________________________________________ (Please Print or Typewrite Name and Address) 331 $__________________principal amount (must be a multiple of $5,000) of the within bond and all rights 332 thereunder, and hereby irrevocably constitutes and appoints _________________________, attorney to transfer 333 the within bond on the books kept for the registration thereof with full power of substitution in the premises. 334
NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. 335 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
9
(End of Form of Bonds) 336
(b) The 2024 Bonds may, in compliance with all applicable laws, initially be issued 337
and held in book-entry form on the books of the central depository system, The Depository Trust 338
Company, its successors, or any successor central depository system appointed by the City from 339 time to time (the “Clearing Agency”), without physical distribution of 2024 Bonds to the 340 purchasers. The following provisions of this section apply in such event. 341
One definitive Bond of each maturity shall be delivered to the Clearing Agency (or its 342
agent) and held in its custody. The City and the Registrar and Paying Agent may, in connection 343
therewith, do or perform or cause to be done or performed any acts or things not adverse to the 344 rights of the holders of the 2024 Bonds as are necessary or appropriate to accomplish or 345 recognize such book-entry form 2024 Bonds. 346
During any time that the 2024 Bonds remain and are held in book-entry form on the 347
books of a Clearing Agency, (1) any such Bond may be registered upon the books kept by the 348
Registrar in the name of such Clearing Agency, or any nominee thereof, including Cede & Co., 349 as nominee of The Depository Trust Company; (2) the Clearing Agency in whose name such 350 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and 351 treat such Clearing Agency as, the absolute owner and holder of such Bond for all purposes of 352
this Ordinance, including, without limitation, the receiving of payment of the principal of and 353
interest on such Bond, the receiving of notice and giving of consent; (3) neither the City nor the 354 Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or 355 indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, 356 as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect 357
of which, any such participant holds any interest in any Bond, including, without limitation, any 358
responsibility or obligation hereunder to maintain accurate records of any interest in any Bond or 359 any responsibility or obligation hereunder with respect to the receiving of payment of principal 360 of or interest or premium, if any, on any Bond, the receiving of notice or the giving of consent; 361 and (4) the Clearing Agency is not required to present any Bond called for partial redemption 362
prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency 363
have agreed to the method for noting such partial redemption. 364
If either the City receives notice from the Clearing Agency which is currently the 365 registered owner of the 2024 Bonds to the effect that such Clearing Agency is unable or 366 unwilling to discharge its responsibility as a Clearing Agency for the 2024 Bonds, or the City 367
elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2024 Bonds, 368
then the City and Registrar and Paying Agent each shall do or perform or cause to be done or 369 performed all acts or things, not adverse to the rights of the holders of the 2024 Bonds, as are 370 necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for 371 the 2024 Bonds and to transfer the ownership of each of the 2024 Bonds to such person or 372
persons, including any other Clearing Agency, as the holders of the 2024 Bonds may direct in 373
accordance with this Ordinance. Any expenses of such discontinuance and transfer, including 374 expenses of printing new certificates to evidence the 2024 Bonds, shall be paid by the City. 375
During any time that the 2024 Bonds are held in book-entry form on the books of a 376 Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other 377
written representation from the Clearing Agency or any participant or indirect participant with 378
respect to the identity of any beneficial owner of 2024 Bonds as of a record date selected by the 379 Registrar. For purposes of determining whether the consent, advice, direction or demand of a 380 registered owner of a Bond has been obtained, the Registrar shall be entitled to treat the 381
10
beneficial owners of the 2024 Bonds as the bondholders and any consent, request, direction, 382 approval, objection or other instrument of such beneficial owner may be obtained in the fashion 383
described in this Ordinance. 384
During any time that the 2024 Bonds are held in book-entry form on the books of a 385 Clearing Agency, the Mayor, the Controller and/or the Registrar are authorized to execute and 386 deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer 387 Letter of Representations, and the provisions of any such Letter of Representations or any 388
successor agreement shall control on the matters set forth therein. The Registrar, by accepting 389
the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent 390 required thereby and that those duties to be undertaken by either the agent or the issuer shall be 391 the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, 392 including without limitation same day funds settlement payment procedures. Further, during any 393
time that the 2024 Bonds are held in book-entry form, the provisions of Section 5 of this 394
Ordinance shall control over conflicting provisions in any other section of this Ordinance. 395
SECTION 6. Sale of Bonds. 396
(a) The 2024 Bonds shall be sold through either a public sale in accordance with Ind. 397 Code 5-1-11, or a negotiated sale in accordance with Ind. Code 5-1-11-1(a)(2), as determined by 398
the Controller. 399
(b) If the Controller determines to sell the 2024 Bonds at a public sale in accordance 400 with Ind. Code 5-1-11, the Controller shall cause to be published a notice of sale once each week 401 for two consecutive weeks per Indiana Code § 5-3-1-2. The date fixed for the sale shall not be 402 earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days 403
after the second of such publications. Said bond sale notice shall state the time and place of sale, 404
the purpose for which the 2024 Bonds are being issued, the total amount thereof, the amount and 405 date of each maturity, the maximum rate or rates of interest thereon, their denominations, the 406 time and place of payment, that specifications and information concerning the 2024 Bonds are on 407 file in the office of the Controller and are available on request, the terms and conditions upon 408
which bids will be received and the sale made and such other information as is required by law 409
or as the Controller shall deem necessary, including any terms and conditions of sale which 410 provide an exclusion or exemption from the applicability of all or a portion of the provisions of 411 Rule 15c2-12 of the U.S. Securities and Exchange Commission as amended (the “SEC Rule”), in 412 which case the Controller may set the minimum authorized denomination of the 2024 Bonds at 413
One Hundred Thousand Dollars ($100,000) as contemplated by the SEC Rule. As an alternative 414
to the publication of a notice of sale, the Controller may sell the 2024 Bonds through the 415 publication of a notice of intent to sell the 2024 Bonds and compliance with related procedures 416 pursuant to Indiana Code § 5-1-11-2(b). 417
All bids for the 2024 Bonds shall be sealed and shall be presented to the Controller in 418
accordance with the terms set forth in the bond sale notice. Bidders for the 2024 Bonds shall be 419
required to name the rate or rates of interest which the 2024 Bonds are to bear, which shall be the 420 same for all 2024 Bonds maturing on the same date and the interest rate bid on any maturity of 421 2024 Bonds must be no less than the interest rate bid on any and all prior maturities, not 422 exceeding six percent (6.00%) per annum, and such interest rate or rates shall be in multiples of 423
one-eighth or one-hundredth of one per cent. The Controller shall award the 2024 Bonds to the 424
bidder who offers the lowest interest cost, to be determined by computing the total interest on all 425 the 2024 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding 426 thereto the amount of the discount, if any. No bid for less than ninety-nine percent (99.00%) of 427
11
the par value of the 2024 Bonds (or such higher percentage as the Controller shall determine, 428 with the advice of the City’s financial advisor, prior to the sale of the 2024 Bonds) and accrued 429
interest, if any, shall be considered. The Controller may require that all bids shall be 430
accompanied by certified or cashier’s checks or wire transfers payable to the order of the City of 431 Bloomington, Indiana, or a surety bond, in an amount not to exceed one percent of the aggregate 432 principal amount of the 2024 Bonds as a guaranty of the performance of said bid, should it be 433 accepted. In the event no satisfactory bids are received on the day named in the sale notice, the 434
sale may be continued from day to day thereafter for a period of thirty (30) days without re-435
advertisement; provided, however, that if said sale be continued, no bid shall be accepted which 436 offers an interest cost which is equal to or higher than the best bid received at the time fixed for 437 sale in the bond sale notice. The Controller shall have full right to reject any and all bids. 438
(c) Alternatively, if the Controller determines to sell the 2024 Bonds through a 439
negotiated sale, the Controller may negotiate the sale of said Bonds through private negotiation 440
as either an underwriting or private placement, to a purchaser or purchasers selected by the 441 Controller (the “Purchaser”) at an interest rate or rates not exceeding six percent (6.00%) per 442 annum. The Mayor is hereby authorized and directed to execute and deliver and the Controller is 443 hereby authorized to attest a bond purchase agreement with the Purchaser (the “Bond Purchase 444
Agreement”), to be prepared in a form satisfactory to the Mayor and Controller and consistent 445
with the terms of this Ordinance, with the advice of the municipal advisor to the City and Barnes 446 & Thornburg LLP, as bond counsel. The Bond Purchase Agreement will be required to name the 447 rate or rates of interest which the 2024 Bonds are to bear, not exceeding the maximum rate 448 hereinbefore fixed, and such interest rate or rates shall be in multiples of 1/8, 1/20 or 1/100 of 449
one percent. The purchase price of the 2024 Bonds shall not be less than ninety-nine percent 450
(99.00%) of the par value of the 2024 Bonds 451
(d) After the 2024 Bonds have been properly sold and executed, the Controller shall 452 receive payment for the 2024 Bonds from the purchasers and shall provide for delivery of the 453 2024 Bonds to the Purchaser. 454
(e) The Controller is hereby authorized and directed to have the 2024 Bonds 455
prepared, and the Mayor and the Controller are hereby authorized and directed to execute the 456 2024 Bonds in substantially the form and the manner herein provided. The Controller is hereby 457 authorized and directed to deliver the 2024 Bonds to the Purchaser, at which time, the Controller 458 shall be authorized to receive from the Purchaser the purchase price and take the Purchaser’s 459
receipt for the 2024 Bonds. 460
(f) The Controller is hereby authorized and directed to obtain legal opinion as to the 461 validity of the 2024 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the 462 Purchaser of the 2024 Bonds or to cause a copy of said legal opinion to be printed on each Bond. 463 The cost of such opinion shall be paid out of the proceeds of the 2024 Bonds. 464
(g) The Controller shall report the proceedings related to the sale of the 2024 Bonds 465
to the Council. 466
(h) The Controller is hereby authorized to appoint a financial institution to serve as 467 escrow agent (the “Escrow Agent”) for the Prior Leases in accordance with the terms of an 468 Escrow Agreement between the City and the Escrow Agent (the “Escrow Agreement”). The final 469
form of the Escrow Agreement shall be approved by the Mayor and Controller, upon the advice 470
of the City’s bond counsel and Municipal Advisor, and the Mayor and the Controller are hereby 471
12
authorized and directed to complete, execute and attest the same on behalf of the City so long as 472 its provisions are consistent with this Ordinance and the Bond Purchase Agreement. 473
SECTION 7. Use of Bond Proceeds. Proceeds of the 2024 Bonds shall be applied as 474
follows and in the following order of priority. 475
(a) First, concurrently with the delivery of the 2024 Bonds, the Controller 476 may purchase (subject to the terms of the Prior Leases), with the proceeds of the 2024 Bonds and 477 cash on hand, direct obligations of, or obligations the principal and interest on which are 478
unconditionally guaranteed by, the United States of America (the “Government Obligations”), to 479
be used, together with certain cash from the proceeds of the 2024 Bonds and cash on hand, if 480 any, as set forth in the Escrow Agreement, to refund and legally defease the Prior Leases all as 481 set forth in the Escrow Agreement. In order to refund the Prior Leases, the Controller shall 482 deposit the Government Obligations and certain cash, if any, with the Escrow Agent under the 483
Escrow Agreement in an amount sufficient to provide moneys for the payment of all outstanding 484
amounts dues, plus the redemption premium (if any), with respect to the Prior Leases until the 485 earliest date upon which the Prior Leases may be prepaid. As an alternative to purchasing 486 Government Obligations, the Controller may, with the advice of the Municipal Advisor, deposit 487 a gross amount of proceeds of the 2024 Bonds and cash on hand with the Escrow Agent in an 488
amount sufficient to currently refund, legally defease and prepay the Prior Leases. If required 489
for the legal defeasance of the Prior Leases, the Controller shall obtain a verification of an 490 accountant as to the sufficiency of the Government Obligations (if any) and funds deposited in 491 the irrevocable escrow account created under the Escrow Agreement (the “Escrow Account”) to 492 accomplish said refunding and legal defeasance of the Prior Leases. 493
(b) Second, the remaining proceeds of the 2024 Bonds shall be applied by the 494
Controller to the cost of issuance of the 2024 Bonds not otherwise paid. When all the costs of 495 issuance of the 2024 Bonds have been paid, the Controller shall be used to pay debt service on 496 the 2024 Bonds or otherwise used as permitted by law. 497
SECTION 8. Defeasance. If, when the 2024 Bonds or any portion thereof shall have 498
become due and payable in accordance with their terms or shall have been duly called for 499
redemption or irrevocable instructions to call the 2024 Bonds or any portion thereof for 500 redemption have been given, and the whole amount of the principal and the interest so due and 501 payable upon such 2024 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, 502 or (ii) direct non-callable obligations of (including obligations issued or held in book entry form 503
on the books of) the Department of the Treasury of the United States of America, and securities 504
fully and unconditionally guaranteed as to the timely payment of principal and interest by the 505 United States of America, the principal of and the interest on which when due without 506 reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be 507 held irrevocably in trust for such purpose, and provision shall also be made for paying all fees 508
and expenses for the payment, then and in that case the 2024 Bonds or such designated portion 509
thereof shall no longer be deemed outstanding or secured by this Ordinance. 510
SECTION 9. Tax Covenants. In order to preserve the exclusion of interest from gross 511 income for federal income tax purposes on the 2024 Bonds, and as an inducement to purchasers 512 of the 2024 Bonds, the City represents, covenants and agrees that: 513
(a) The City will not take any action or fail to take any action with 514
respect to the 2024 Bonds that would result in the loss of the exclusion from gross 515 income for federal income tax purposes of interest on the 2024 Bonds pursuant to 516
13
Section 103 of the Internal Revenue Code of 1986 as in effect on the date of 517 issuance of the 2024 Bonds (the “Code”), including, without limitation, the taking 518
of such action as is necessary to rebate or cause to be rebated arbitrage profits on 519
Bond proceeds or other monies treated as Bond proceeds to the federal 520 government as provided in Section 148 of the Code, and will set aside such 521 monies, which may be paid from investment income on funds and accounts 522 notwithstanding anything else to the contrary herein, in trust for such purposes. 523
(b) The City will file an information report Form 8038-G with the 524
Internal Revenue Service as required by Section 149 of the Code. 525
(c) The City will not make any investment or do any other act or thing 526 during the period that any Bond is outstanding hereunder which would cause any 527 Bond to be an “arbitrage bond” within the meaning of Section 148 of the Code 528
and the regulations applicable thereto as in effect on the date of delivery of the 529
2024 Bonds. 530
Notwithstanding any other provisions of this Ordinance, the foregoing covenants and 531 authorizations (the “Tax Sections”) which are designed to preserve the exclusion of interest on 532 the 2024 Bonds from gross income under federal income tax law (the “Tax Exemption”) need 533
not be complied with to the extent the City receives an opinion of nationally recognized bond 534
counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. 535
SECTION 10. Amendments. Subject to the terms and provisions contained in this 536 section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) 537 in aggregate principal amount of the 2024 Bonds then outstanding shall have the right, from time 538
to time, to consent to and approve the adoption by the City of such ordinance or ordinances 539
supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of 540 modifying, altering, amending, adding to or rescinding in any particular any of the terms or 541 provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, 542 that nothing herein contained shall permit or be construed as permitting: 543
(a) An extension of the maturity of the principal of or interest on any 544
Bond, without the consent of the holder of each Bond so affected; or 545
(b) A reduction in the principal amount of any Bond or the rate of 546 interest thereon, or a change in the monetary medium in which such amounts are 547 payable, without the consent of the holder of each Bond so affected; or 548
(c) A preference or priority of any Bond over any other Bond, without 549
the consent of the holders of all 2024 Bonds then outstanding; or 550
(d) A reduction in the aggregate principal amount of the 2024 Bonds 551 required for consent to such supplemental ordinance, without the consent of the 552 holders of all 2024 Bonds then outstanding. 553
If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a 554
notice, postage prepaid, to the addresses appearing on the registration books held by the 555 Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance 556 and shall state that a copy thereof is on file at the office of the Registrar for inspection by all 557 owners of the 2024 Bonds. The Registrar shall not, however, be subject to any liability to any 558
14
owners of the 2024 Bonds by reason of its failure to mail such notice, and any such failure shall 559 not affect the validity of such supplemental ordinance when consented to and approved as herein 560
provided. 561
Whenever at any time within one year after the date of the mailing of such notice, the 562 City shall receive any instrument or instruments purporting to be executed by the owners of the 563 2024 Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal 564 amount of the 2024 Bonds then outstanding, which instrument or instruments shall refer to the 565
proposed supplemental ordinance described in such notice, and shall specifically consent to and 566
approve the adoption thereof in substantially the form of the copy thereof referred to in such 567 notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such 568 supplemental ordinance in substantially such form, without liability or responsibility to any 569 owners of the 2024 Bonds, whether or not such owners shall have consented thereto. 570
No owner of any Bond shall have any right to object to the adoption of such supplemental 571
ordinance or to object to any of the terms and provisions contained therein or the operation 572 thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or 573 restrain the City or its officers from adopting the same, or from taking any action pursuant to the 574 provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions 575
of this section, this Ordinance shall be, and shall be deemed, modified and amended in 576
accordance therewith, and the respective rights, duties and obligations under this Ordinance of 577 the City and all owners of 2024 Bonds then outstanding, shall thereafter be determined exercised 578 and enforced in accordance with this Ordinance, subject in all respects to such modifications and 579 amendments. 580
Notwithstanding anything contained in the foregoing provisions of this Ordinance, the 581
rights and obligations of the City and of the owners of the 2024 Bonds, and the terms and 582 provisions of the 2024 Bonds and this Ordinance, or any supplemental ordinance, may be 583 modified or altered in any respect with the consent of the City and the consent of the owners of 584 all the 2024 Bonds then outstanding. 585
Without notice to or consent of the owners of the 2024 Bonds, the City may, from time to 586
time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with 587 the terms and provisions hereof (which supplemental ordinances shall thereafter form a part 588 hereof), 589
(a) To cure any ambiguity or formal defect or omission in this 590
Ordinance or in any supplemental ordinance; or 591
(b) To grant to or confer upon the owners of the 2024 Bonds any 592 additional rights, remedies, powers, authority or security that may lawfully be 593 granted to or conferred upon the owners of the 2024 Bonds or to make any change 594 which, in the judgment of the Council, is not to the prejudice of the owners of the 595
2024 Bonds; or 596
(c) To modify, amend or supplement this Ordinance to permit the 597 qualification of the 2024 Bonds for sale under the securities laws of the United 598 States of America or of any of the states of the United States of America, to 599 obtain or maintain bond insurance with respect to payments of principal of and 600
interest on the 2024 Bonds to procure a rating on the 2024 Bonds from a 601
nationally recognized securities rating agency designated in such supplemental 602
15
ordinance, if such supplemental ordinance will not adversely affect the owners of 603 the 2024 Bonds; or 604
(d) To provide for the refunding or advance refunding of the 2024 605
Bonds; or 606
(e) To make any other change which, in the determination of the 607 Council in its sole discretion, is not to the prejudice of the owners of the 2024 608 Bonds. 609
SECTION 11. Approval of Official Statement. If the Controller of the City, with the 610
advice of the City’s municipal advisor, determines that the preparation of an official statement is 611 necessary or is in the best interest of the City, then the 2024 Bonds may be offered and sold 612 pursuant to an Official Statement (preliminary and final) or other offering document with respect 613 to such 2024 Bonds (collectively, the “Official Statement”), to be made available and distributed 614
in such manner, at such times, for such periods and in such number of copies as may be required 615
pursuant to the SEC Rule to the extent applicable to the Refunding Bonds. The City hereby 616 authorizes the Mayor or Controller (a) to authorize and approve a Preliminary Official Statement, 617 as the same may be appropriately confirmed, modified and amended for distribution as the 618 Preliminary Official Statement of the City with respect to the 2024 Bonds, (b) on behalf of the 619
City, to designate the Preliminary Official Statement a “final” Official Statement of the City with 620
respect to the 2024 Bonds, and (c) to authorize and approve the Preliminary Official Statement to 621 be placed into final form and enter into such agreements or arrangements as may be necessary or 622 advisable in order to provide for the distribution of a sufficient number of copies of the Official 623 Statement under the SEC Rule. 624
SECTION 12. Continuing Disclosure Contract. If required under the SEC Rule, the 625
Council hereby approves, and authorizes and directs the Mayor and the Controller, for and on 626 behalf of the City, to execute and deliver, and to perform the obligations of the City under, a 627 Continuing Disclosure Contract from the City to each registered owner or holder of any 2024 628 Bond (the “Continuing Disclosure Contract”). The Mayor and the Controller are authorized to 629
approve the form of the Continuing Disclosure Contract, upon the advice of the City’s bond 630
counsel, with such determination to be conclusively evidenced by such Mayor’s and such 631 Controller’s execution thereof. 632
SECTION 13. Additional Appropriation. There is hereby appropriated the sum of Nine 633 Million Dollars ($9,000,000), out of the proceeds of the 2024 Bonds, together with all 634
investment earnings thereon, for the purpose of providing funds to pay the costs of the 635
Refunding, including related costs and the costs of issuing the 2024 Bonds, as provided in this 636 Ordinance. Such appropriation shall be in addition to all appropriations provided for in the 637 existing budget and shall continue in effect until the completion of the described purposes. 638
SECTION 14. Other Action. The appropriate officers are hereby authorized to take all 639
such actions and execute all such instruments as are necessary or desirable to effectuate this 640
ordinance, and any such agreement, certificate or other instrument heretofore executed and 641 delivered and any such other action heretofore taken are hereby ratified and approved. These 642 actions include obtaining a rating, bond insurance or any other form of credit enhancement for 643 the 2024 Bonds if economically feasible and desirable and with the favorable recommendation of 644
the municipal advisors to the City, and filing a report of an additional appropriation with the 645
Indiana Department of Local Government Finance. In addition, the appropriate officers of the 646 City are hereby authorized and directed to take any other action deemed necessary or advisable 647
16
in order to effectuate the Refunding, the issuance of the 2024 Bonds, or any other purposes of 648 this Ordinance. Pursuant to Indiana Code 5-1-14-18, in connection with the issuance of the 649
Refunding Bonds, the execution of the Refunding Bonds and any other contract, certificate or 650
other document executed and delivered by or on behalf of the City in connection with the 651 issuance of the Refunding Bonds, is authorized to be executed and delivered using electronic 652 signatures (as defined in Indiana Code 26-2-8-102(10), as amended), rather than manual 653 signatures, and any such Refunding Bonds or any other contract, certificate or other document 654
executed and delivered by or on behalf of the City in connection with the issuance of the 655
Refunding Bonds using electronic signatures shall be considered fully legal and valid for all 656 purposes and with the same force and effect as if the execution were performed with manual 657 signatures 658
SECTION 15. Construction with Other Ordinances. All ordinances, resolutions, and 659
orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such 660
conflict hereby repealed. After the issuance of the 2024 Bonds and so long as any of the 2024 661 Bonds or interest thereon remains unpaid, except as expressly provided herein, this Ordinance 662 shall not be repealed or amended in any respect which will adversely affect the rights of the 663 holders of the 2024 Bonds, nor shall the City adopt any law, ordinance or resolution which in 664
any way adversely affects the rights of such holders. 665
SECTION 16. Severability; Interpretation. If any section, paragraph or provision of 666 this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or 667 unenforceability of such section, paragraph or provision shall not affect any of the remaining 668 provisions of this Ordinance. Unless the context or laws clearly require otherwise, references 669
herein to statutes or other laws include the same as modified, supplemented or superseded from 670
time to time. 671
SECTION 17. Holidays, Etc. If the date of making any payment or the last date for 672 performance of any act or the exercising of any right, as provided in this Ordinance, shall be a 673 legal holiday or a day on which banking institutions in the City or the city in which the Registrar 674
or Paying Agent is located are typically closed, such payment may be made or act performed or 675
right exercised on the next succeeding day not a legal holiday or a day on which such banking 676 institutions are typically closed, with the same force and effect as if done on the nominal date 677 provided in this Ordinance, and no interest shall accrue for the period after such nominal date. 678
SECTION 18. Effectiveness. This Ordinance shall be in full force and effect from and 679
after its adoption and the procedures required by law. Upon payment in full of the principal and 680
interest respecting the 2024 Bonds authorized hereby or upon deposit of an amount sufficient to 681 pay when due such amounts in accord with the defeasance provisions herein, all pledges, 682 covenants and other rights granted by this ordinance shall cease. 683
684
685
686
687
688
17
PASSED by the Common Council of the City of Carmel, Indiana, this __ day of _________, 689 2024, by a vote of ______ ayes and _____ nays. 690
691 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 692 Anthony Green, President
Adam Aasen
Rich Taylor
Matthew Snyder
Jeff Worrell
Teresa Ayers
Shannon Minnaar
Ryan Locke
Anita Joshi ATTEST:
Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana, this ____ day of ______________, 693
2024, at _____ __.M. 694
Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this ______ day of _______________, 695
2024, at _____ ___.M. 696 Sue Finkam, Mayor ATTEST:
Jacob Quinn, Clerk
697
698 Prepared by: Bradley Bingham, Esq. 699 Barnes & Thornburg LLP 700
11 South Meridian Street 701 Indianapolis, IN 46204 702
A-1
EXHIBIT A 703 704
DESCRIPTION OF PRIOR LEASES AND EQUIPMENT 705
706 [attached] 707
708
Exhibit A
Lease Name Leased Equipment Description Final Maturity
Outstanding
Principal Balance Rate
City
Department
Remaining
Proceeds to be
Drawn Annual Payment
2022 FT Schedule 1, Information Systems 2021 Chevy Silverado, Snowplow & HPE Aruba Switch 01/15/27 $63,979.51 3.50%ICS $0.00 $26,950.922022 FT Schedule 3, Police Police Vehicles (16) and Various Police Equipment 07/15/27 $490,809.58 3.65%Police $0.00 $174,210.822022 FT Schedule 5, Information Systems Security Cameras and Servers 01/15/28 $75,737.69 3.71%Information $0.00 $23,274.482023 FT Schedule 11, Police Police Vehicles (29)07/15/28 $1,109,413.48 5.13%Police $0.00 $310,312.16
2023 FT Schedule 13, Information Systems Genetec Security Surveillance Upgrade 07/15/28 $638,779.97 4.67%Information $0.00 $176,926.54
2023 FT Schedule 14, Brookshire Golf Lawn Equipment 07/15/28 $223,692.35 4.96%Brookshire $1,285.98 $62,342.36
2023 FT Schedule 17, Police Police Vehicle Equipment 07/15/28 $249,239.47 4.80%Police $0.00 $69,225.422023 FT Schedule 19, Information Systems Phones and Support 07/15/26 $107,003.00 5.40%Information $0.00 $57,160.942023 FT Schedule 20, City Council AV Equipment 07/15/28 $187,607.42 6.93%Information $17,488.37 $54,505.302023 FT Schedule 23 Brookshire Golf Golf Carts (68)01/15/31 $339,978.44 6.76%Brookshire $0.00 $65,499.76
2023 FT Schedule 25, Administration 2023 Chevy Silverado Truck 01/15/29 $50,997.38 6.83%Administration $0.00 $13,354.32
2023 FT Schedule 27, Administration Weapons Detection System for The Center of Performing Arts 01/15/29 $135,324.03 6.85%Administration $0.00 $35,452.72
2023 FT Schedule 28, Fire Turn Out Gear 01/15/29 $636,539.67 6.25%Fire $269,575.25 $164,460.98
2024 FT Schedule 30, Fire SCBA Airpacs 01/15/29 $1,304,934.59 6.03%Fire $0.00 $335,430.042024 FT Schedule 31, ICS Fiber Infrastructure at Clay Township Building 07/15/29 $299,246.51 6.31%ICS $0.00 $70,717.762024 FT Schedule 33, ICS Computer Equipment for ICS Office 07/15/29 $69,790.02 6.61%ICS $0.00 $16,618.74
2024 FT Schedule 34, ICS Genetec Servers and Aruba Switches 07/15/29 $650,475.66 6.64%ICS $83,360.00 $155,012.22
2024 FT Schedule 35, ICS Computer Equipment and Security Cameras 07/15/29 $76,571.81 6.62%ICS $26,940.81 $18,238.28
2024 FT Schedule 36, Police Police Vehicles with Equipment (22)07/15/29 $1,116,640.22 6.44%Police $85,488.87 $264,756.50
2024 FT Schedule 37, DOCS Ford F600 Box Truck, Tables (4), and Chairs (22)07/15/29 $152,419.11 6.87%DOCS $101,837.00 $36,534.182024 FT Schedule 38, ICS Computer and Video Equipment 07/15/29 $99,224.37 6.66%ICS $11,970.66 $23,657.742024 FT Schedule 40, ICS Audio Visual System for City Hall and CPD 01/15/30 $534,741.00 5.60%ICS $434,639.58 $124,099.50Total Leases to be Refinanced 8,613,145.28$ $1,032,586.52 2,278,741.68$
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2737-24 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 2
OF CARMEL, INDIANA CREATING THE CARMEL SURTAX 3
FUND AND IMPOSING A MOTOR VEHICLE LICENSE EXCISE 4
SURTAX 5
Synopsis: Creates the Carmel Surtax Fund and Imposes a Motor Vehicle License Excise Surtax. 6
7
WHEREAS, Ind. Code §6-3.5-10-1 et seq. (the “Act”) authorizes the City of Carmel 8
Common Council (the “Council”) to impose, by ordinance, an annual motor vehicle license excise 9 surtax (“Surtax”) of not more than twenty-five dollars ($25.00) on certain motor vehicles registered 10 in the City of Carmel (“City”); 11 12
WHEREAS, the Act authorizes the Council to impose the Surtax on each motor vehicle 13
that is subject to the tax or impose the Surtax on vehicles subject to the tax at one or more 14 different amounts based upon the class of vehicles; 15 16 WHEREAS, the Act prohibits the Council from adopting an ordinance imposing a 17
Surtax unless the Council concurrently adopts an ordinance under Ind. Code 18
§6-3.5-11 to impose the municipal wheel tax; 19
WHEREAS, pursuant to Ind. Code §6-3.5-11, the Council is concurrently adopting a 20
municipal wheel tax; 21
22 WHEREAS, the Council may not adopt an ordinance to impose the Surtax unless the 23 City uses a transportation asset management plan approved by the Indiana Department of 24 Transportation (“INDOT”); 25
26 WHEREAS, the City utilizes a transportation asset management plan approved by 27 INDOT, as more specifically described in Exhibit A, attached hereto and incorporated herein; 28 and 29 30 WHEREAS, the City may use the Surtax revenues (1) to construct, reconstruct, repair, 31
or maintain streets and roads under the City's jurisdiction; or (2) for the City's contribution 32
toward a grant from the local road and bridge matching grant fund under Ind. Code §8-23-30. 33
34
35
36
37
38
Ordinance D-2737-24 39 Page One of Four 40
41
42
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
43 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 44 Indiana, as follows: 45 46 Section 1. Chapter 2, Article 7, Section 2-402 shall be created and added to the 47
Carmel Code of Ordinances as follows: 48
(a) Definitions. The definitions set forth in Ind. Code §6-3.5-10-1 are 49 incorporated herein and shall apply throughout this ordinance. 50
(b) Imposition and Rate of Surtax. Effective January 1, 2025, the 51 following vehicles, registered in the City of Carmel and subject to 52
the Motor Vehicle License Excise Tax shall be subject a Surtax in 53
the amount of Twenty Five Dollars ($25.00), in accordance with the 54 provisions of Ind. Code §6-3.5-10-1 et seq. The Surtax shall be paid 55 with the registration of each such vehicle. The City Controller shall 56 deposit revenue received from the Surtax in a fund to be known as 57
the “Carmel Surtax Fund” and shall distribute the Surtax Fund in 58
accordance with Ind. Code §6-3.5-10-10. 59 60 (1) Passenger motor vehicles. 61 (2) Motorcycles. 62
(3) Motor driven cycles. 63
(4) Collector vehicles. 64 (5) Trailer vehicles with a declared gross weight of nine thousand (9,000) 65 pounds or less. 66 (6) Trucks with a declared gross weight of eleven thousand (11,000) 67
pounds or less. 68
(7) Mini-trucks. 69 (8) Military vehicles. 70 71
(c) Carmel Surtax Fund (258). The “Carmel Surtax Fund” (Fund 258) is 72
hereby created and shall be a non-reverting fund. The City may use the 73
Surtax revenues 74
(1) to construct, reconstruct, repair, or maintain streets and roads 75
under the City's jurisdiction; 76
(2) for the City's contribution toward a grant from the local road and 77
bridge matching grant fund under Ind. Code §8-23-30; or 78
(3) any other allowable uses under Ind. Code §6-3.5-10. 79
80
81 Ordinance D-2737-24 82 Page Two of Four 83
84
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(d) Estimate of Anticipated Surtax Revenues. On or before October 1 of 85
each year, the City Controller shall provide the Council with an 86
estimate of the Surtax revenues to be received by the City during the 87
next calendar year. The City shall include the estimated Surtax 88
revenues in the City’s budget estimate for the calendar year. 89
(e) Transmittal of Ordinance to BMV. The Council hereby authorizes the 90
Mayor or her designee to send a copy of this ordinance to the Indiana 91
Bureau of Motor Vehicles. 92
93
Section 2. The foregoing Recitals are incorporated herein by this reference. 94
95
Section 3. Chapter 2, Article 7, Section 2-402 of the Carmel City Code is hereby added. 96 97 Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or 98 invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 99
enforcement of same can be given the same effect. 100 101 Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by 102 the Mayor. 103 104
105
(Remainder of Page left intentionally blank) 106
107 108
109 110 111
112 113 114
115 116 117
118 119 120
121 122 123
124 125
126 Ordinance D-2737-24 127 Page Three of Four 128
129 130
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 131 , 2024, by a vote of ayes and nays. 132 133 COMMON COUNCIL FOR THE CITY OF CARMEL 134 135 136 Anthony Green, President Adam Aasen, Vice-President 137 138 139 Rich Taylor Matthew Snyder 140
141 142 Jeff Worrell Teresa Ayers 143 144 145 Shannon Minnaar Ryan Locke 146
147 148 Anita Joshi 149 150 ATTEST: 151 152
______________________________ 153 Jacob Quinn, Clerk 154 155 Presented by me to the Mayor of the City of Carmel, Indiana this day of 156 157 2024, at __.M. 158 159 160
161 Jacob Quinn, Clerk 162 163
Approved by me, Mayor of the City of Carmel, Indiana, this day of 164 165 2024, at __.M. 166
167 168 169
Sue Finkam, Mayor 170 ATTEST: 171 172 173 174 Jacob Quinn, Clerk 175 176 Ordinance No. D-2737-24 177
Page Four of Four 178
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2738-24 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 2
CARMEL, INDIANA CREATING THE CARMEL WHEEL TAX FUND AND 3
IMPOSING A MUNICIPAL WHEEL TAX 4
WHEREAS, Ind. Code §6-3.5-11 et seq. (the “Act”) authorizes the City of 5 Carmel Common Council (the “Council”) to impose, by ordinance, an annual wheel tax 6 (“Wheel Tax”) of not more than forty dollars ($40.00) on certain motor vehicles 7
registered in the City of Carmel (“City”); 8
9 WHEREAS, the Act authorizes the Council to impose the Wheel Tax at a 10 different rate for each class of vehicle subject to the Act. In addition, the Act authorizes 11 the Council to establish different rates within the classes of busses, recreational vehicles, 12
semitrailers, trailers, tractors, and trucks based on weight classifications established by 13
the Indiana Bureau of Motor Vehicles (“BMV”); 14 15 WHEREAS, the Act prohibits the Council from adopting an ordinance imposing 16 a Wheel Tax unless the City Council concurrently adopts an ordinance under Ind. Code 17
§6-3.5-10-1 et seq. to impose the annual motor vehicle license excise surtax; 18
WHEREAS, pursuant to Ind. Code §6-3.5-10-1 et seq., the Council is 19 concurrently adopting a Motor Vehicle License Excise Surtax; 20 21 WHEREAS, the Council may not adopt an ordinance to impose the Wheel Tax 22 unless the City uses a transportation asset management plan approved by the Indiana 23 Department of Transportation (“INDOT”); 24 25 WHEREAS, the City utilizes a transportation asset management plan approved 26
by INDOT, as more specifically described in Exhibit A, attached hereto and incorporated 27 herein; and 28
29 WHEREAS, the City may use the Wheel Tax revenues: 30
(1) to construct, reconstruct, repair, or maintain streets and roads under the 31 City's jurisdiction; 32
(2) as a contribution to an authority established under Ind. Code §36-7-23; or 33 (3) for the city's contribution toward a grant from the local road and 34 bridge matching grant fund under Ind. Code §8-23-30. 35 36 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 37 Indiana, as follows: 38 39 Section 1. Section Chapter 2, Article 7, Section 2-403 shall be created and added to the 40
Carmel Code of Ordinances as follows: 41
“(a) Definitions. The definitions and provisions set forth in Ind. Code 42 §6-3.5-11-1 are incorporated herein and shall apply throughout this 43
ordinance. 44
45 (b) Imposition and Rate of Wheel Tax. Effective January 1, 2025, the 46 following vehicles, registered in the City and subject to the Wheel Tax 47 shall be subject to a Wheel Tax in the amount of Forty Dollars ($40.00), 48
in accordance with the provisions of the Ind. Code §6-3.5-11-1 et seq. 49
The Wheel Tax shall be paid to the Indiana Bureau of Motor Vehicles 50 each year at the time the vehicle is registered. The City’s Controller 51 shall deposit the Wheel Tax revenues in a fund to be known as the 52 “Carmel Wheel Tax Fund” and shall distribute the Carmel Wheel Tax 53
Fund in accordance with Ind. Code §6-3.5-11-1 et seq. 54 55 56 57 Ordinance D-2738-24 58
Page One of Three 59
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
60
61 (1) Buses. 62 (2) Recreational vehicles. 63 (3) Semitrailers. 64 (4) Trailers with a declared gross weight of more than nine thousand 65
(9,000) pounds. 66 (5) Trucks and tractors with a declared gross weight of more 67
than eleven thousand (11,000) pounds. 68
69 Vehicles exempt from the Wheel Tax are vehicles: 70 (1) owned by the state, 71 (2) owned by a state agency of the state, 72
(3) owned by a political subdivision of the state, 73
(4) subject to the municipal vehicle excise tax imposed under Ind. 74 Code 6-3.5-10, 75 (5) a bus owned or operated by a religious or nonprofit youth 76 organization and used to transport persons to religious services or 77
for the benefit of its members, 78
(6) a school bus, 79 (7) a motor vehicle that is funeral equipment and that is used in the 80 operation of funeral services (as defined in Ind. Code §25-15-2-81 17), or (8) any other vehicle exempt pursuant to Ind. 82
Code §6-3.5-11-4. 83
(c) Carmel Wheel Tax Fund. The “Carmel Wheel Tax Fund” is hereby 84
created and shall be a non-reverting fund. The City may only use the Wheel 85
Tax revenues to: 86
(1) construct, reconstruct, repair, or maintain streets and roads under 87
the City’s jurisdiction; 88
(2) as a contribution to an authority established under Ind. Code §36-89
7-23; 90
(3) for the City’s contribution to obtain a grant from the local road 91
and bridge matching grant fund under Ind. Code §8-23-30 or (4) 92
or any other use allowable under Ind. Code §6-3.5- 11-14. 93
(d) Estimate of Anticipated Wheel Tax Revenues. On or before 94
October 1 of each year, the City Controller shall provide the City Council 95
with an estimate of the Wheel Tax revenues to be received by the City 96
during the next calendar year. The City shall include the estimated Wheel 97
Tax revenues in the City’s budget estimate for the calendar year. 98
(e) Transmittal of Ordinance. The Council hereby authorizes the 99
Mayor or her designee to provide a copy of the ordinance to the Indiana 100
Bureau of Motor Vehicles and the Department of State Revenue as 101 required by Ind. Code §6-3.5-11-8.” 102 103 Section 2. The foregoing Recitals are incorporated herein by this reference. 104
105 Section 3. Chapter 2, Article 7, Section 2-403 of the Carmel City Code is hereby added. 106 107 Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or 108 invalid, such decision shall not affect the validity of the remaining portions of this 109
Ordinance so long as enforcement of same can be given the same effect. 110
111 Section 5. This Ordinance shall be in full force and effect from and after its passage and signing 112 by the Mayor. 113 114
115 116 Ordinance D-2738-24 117 Page Two of Three 118
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 119
, 2024, by a vote of ayes and nays. 120 121 COMMON COUNCIL FOR THE CITY OF CARMEL 122 123 124 125 Anthony Green, President Adam Aasen, Vice-President 126 127 128 129 Rich Taylor Matthew Snyder 130
131 132 133
Jeff Worrell Teresa Ayers 134 135 136
137 Shannon Minnaar Ryan Locke 138 139 140 141 Anita Joshi 142 143 ATTEST: 144 145 146 ______________________________ 147 Jacob Quinn, Clerk 148 149 Presented by me to the Mayor of the City of Carmel, Indiana this day of 150
151 2024, at __.M. 152 153
154 155 156
Jacob Quinn, Clerk 157 158 Approved by me, Mayor of the City of Carmel, Indiana, this day of 159 160 2024, at __.M. 161 162 163 164 165 Sue Finkam, Mayor 166 167
ATTEST: 168 169 170
171 Jacob Quinn, Clerk 172 173
Ordinance No. D-2738-24 174 Page Three of Three 175
Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers ORDINANCE D-2734-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 3 OF CARMEL, INDIANA, FIXING SALARIES OF APPOINTED OFFICERS 4 AND EMPLOYEES OF THE CARMEL CITY COURT FOR THE YEAR 2025 5 6 Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Court. 7
8
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: 9 10 As required by the Indiana Code, it is requested that the maximum salaries and pay schedule of appointed 11 officers and employees of the Carmel City Court, Carmel, Indiana be established beginning December 21, 12
2024, and continuing thereafter until December 20, 2025, and request that such salary rates be approved by the 13
Common Council. 14 15 CLASSIFICATION MAXIMUM BI-WEEKLY SALARY 16 17
COURT CLERK ADMINISTRATOR/JUDGE’S EXECUTIVE ASSISTANT $3,400.00 18 COURT STAFF /COURT REPORTER $3,300.00 19 PART-TIME BAILIFF UP TO $70.00 PER HOUR 20 PART-TIME COURT STAFF UP TO $40.00 PER HOUR 21 LEGAL INTERNS UP TO $21.00 PER HOUR 22
23 Section 1. Full-time employees of the city Court shall receive $250.00 per year longevity pay for the first 24 ten years of service and $310.00 per year for years eleven through twenty-five, in addition to all other forms of 25 compensation. Terms and conditions of longevity pay shall conform to the City’s most current regulations as 26 adopted by the Carmel City Council. 27
28 Section 2. Each Court employee who is required to work on a declared holiday, whether on a scheduled 29 basis or unscheduled basis, shall receive fifteen dollars ($15.00) per hour premium pay for each hour worked 30 on the holiday. Such premiums shall be calculated to the nearest quarter of an hour. 31 32
Section 3. A full-time civilian employee who demonstrates a specified level of fluency in an approved foreign 33 language shall receive an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of 34 compensation. All such pay must be approved by the Judge of Carmel City Court. To continue receiving this 35 compensation, the employee is required to maintain fluency and may be periodically re-tested. 36 37
Section 4. Employees who meet established criteria, as set by the Judge of Carmel City Court, pertaining to 38
education and job function shall receive technical pay amounting to ten percent (10%) of their base pay, in 39 addition to all other forms of compensation. 40 41 42 43 44
45 46 47 48 49
50
Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers 51 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024, by a vote 52
of _____ ayes and _____ nays. 53
54 COMMON COUNCIL FOR THE CITY OF CARMEL 55 56 ___________________________________ 57
Ryan Locke Teresa Ayres 58
59 ___________________________________ __________________________________ 60 Jeff Worrell Shannon Minnaar 61 62
___________________________________ ___________________________________ 63
Matt Snyder Anita Joshi 64 65 ___________________________________ ____________________________________ 66 Anthony Green Rich Taylor 67
68 ___________________________________ 69 Adam Aasen 70 71 ATTEST: 72
73 __________________________________ 74 Jacob W. Quinn, City Clerk 75 76 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 77
78 _________________________ 2024, at _______ __. M. 79 80 ____________________________________ 81 Jacob W. Quinn, City Clerk 82
83 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 84 85 ________________________ 2024, at _______ __. M. 86 87
88
____________________________________ 89 Sue Finkam, Mayor 90 91 ATTEST: 92
___________________________________ 93
Jacob W. Quinn, Clerk 94 95 Ordinance D-2734-24 96 Page 1 of 2 Pages 97
98
This document was prepared by Judge Brian G. Poindexter 99
Sponsors: Councilors Aasen, Ayers
and Taylor
1
ORDINANCE D-2733-24 1 2
3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 4 INDIANA, FIXING SALARIES OF APPOINTED DEPUTIES AND 5 EMPLOYEES OF THE CARMEL CITY CLERK FOR THE YEAR 2025 6 7
Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Clerk. 8 9 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, 10 INDIANA, THAT: 11 12
As referenced by Indiana Code 36-4-7-3 and 36-4-11-4, the Carmel Common 13
Council is requested to approve the maximum salaries and pay schedule for appointed 14 deputies and employees of the Carmel City Clerk, beginning December 21, 2024, and 15 continuing through December 20, 2025, as follows: 16 17
Section 1. 18
19 CLASSIFICATION MAXIMUM BI-WEEKLY BASE SALARY 20 21
DEPUTY CLERK I 3,264.11 22 DEPUTY CLERK II 2,940.64 23 PART TIME DEPUTY CLERK UP TO $40.00 PER HOUR 24 25 Section 2. Full-time employees of the City Clerk’s Office shall receive $250.00 26
per year longevity pay for the first ten years of service and $310.00 per year for years 27 eleven through twenty-five, in addition to all other forms of compensation. Terms and 28 conditions of longevity pay shall conform to the City’s most current regulations as 29 adopted by the Carmel City Council. 30 31 Section 3. Each Clerk employee who is required to work on a declared holiday, 32 whether on a scheduled basis or unscheduled basis, shall receive fifteen dollars ($15.00) 33 per hour premium pay for each hour worked on the holiday. Such premiums shall be 34 calculated to the nearest quarter of an hour. 35
36 Section 4. A full-time civilian employee who demonstrates a specified level of 37 fluency in an approved foreign language shall receive an additional two thousand dollars 38 ($2,000.00) per year, in addition to all other forms of compensation. All such pay must 39 be approved by the Carmel City Clerk. To continue receiving this compensation, the 40
employee is required to maintain fluency and may be periodically re-tested. 41
42 43 44 45
46 47
Sponsors: Councilors Aasen, Ayers
and Taylor
2
PASSED by the Common Council of the City of Carmel, Indiana this _____ day 48 of _________________ 2024, by a vote of _________ ayes and ________ nays. 49
50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 __________________________________ 53 Anthony Green, President Jeff Worrell 54
55
__________________________________ 56 Adam Aasen, Vice-President Ryan Locke 57 58 __________________________________ 59
Rich Taylor Teresa Ayers 60
61 __________________________________ ______________________________ 62 Shannon Minnaar Matthew Snyder 63 64
__________________________________ 65
Anita Joshi 66 67 68 ATTEST: 69
70
_________________________________ 71 Jacob W. Quinn, City Clerk 72 73 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 74
_________________________ 2024, at _______ __.M. 75
76 ____________________________________ 77 Jacob W. Quinn, City Clerk 78 79
80
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 81 ________________________ 2024, at _______ __.M. 82 83 ____________________________________ 84
Sue Finkam, Mayor 85
ATTEST: 86 87 ___________________________________ 88 Jacob W. Quinn, City Clerk 89
90
Ordinance prepared by Jacob W. Quinn 91
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
1 ORDINANCE D-2735-24 - B 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, FIXING SALARIES OF APPOINTED OFFICERS AND EMPLOYEES 4 OF THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2025 5 6 Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch. 7 8 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: 9 10 I, Sue Finkam, Mayor of the City of Carmel, Indiana, as required by Indiana Code 36-4-7-3 and 11 Indiana Code 36-8-3-3, do hereby fix the maximum salaries and pay schedule of appointed officers and 12 employees of the City of Carmel, Indiana beginning December 21, 2024, and continuing thereafter until 13
December 20, 2025, and request that such salary rates be approved by the Common Council as follows: 14 15 MAXIMUM BI-WEEKLY BASE SALARY $8,715.39 16
CHIEF INFRASTRUCTURE OFFICER 17 18 MAXIMUM BI-WEEKLY BASE SALARY $8,461.54 19
CHIEF FINANCIAL OFFICER/CONTROLLER 20 CORPORATION COUNSEL 21 EXECUTIVE DIRECTOR OF ECONOMIC DEVELOPMENT 22 FIRE CHIEF 23 POLICE CHIEF 24 25 MAXIMUM BI-WEEKLY BASE SALARY $7,214.59 26 CHIEF OF STAFF 27 28 MAXIMUM BI-WEEKLY BASE SALARY $7,115.39 29 CITY ENGINEER/DIRECTOR OF ENGINEERING 30
DIRECTOR OF COMMUNITY SERVICES 31 DIRECTOR OF HUMAN RESOURCES 32 DIRECTOR OF MARKETING AND COMMUNITY RELATIONS 33 DIRECTOR OF REDEVELOPMENT 34 DIRECTOR OF TECHNOLOGY 35 DIRECTOR OF UTILITIES 36
GENERAL MANAGER/SUPERINTENDENT 37 STREET COMMISSINER/DIRECTOR 38 39 MAXIMUM BI-WEEKLY BASE SALARY $6,289.77 40 DEPUTY CHIEF FINANCIAL OFFICER/CONTROLLER 41 GENERAL MANAGER/GOLF SUPERINTENDENT 42 43 MAXIMUM BI-WEEKLY BASE SALARY $5,699.85 44 FIRE DEPUTY CHIEF 45 POLICE DEPUTY CHIEF 46 47
48 49
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
MAXIMUM BI-WEEKLY BASE SALARY $5,411.38 50 FIRE BATTALION CHIEF 51
FIRE DIVISION CHIEF 52 POLICE MAJOR 53 54 MAXIMUM BI-WEEKLY BASE SALARY $5,238.74 55 ASSISTANT DIRECTOR OF UTILITIES 56 ASSISTANT DIRECTOR FOR BUDGET MANAGEMENT 57 58 MAXIMUM BI-WEEKLY BASE SALARY $5,019.35 59 CITY ATTORNEY 60 61 MAXIMUM BI-WEEKLY BASE SALARY $ 4,834.46 62
POLICE LIEUTENANT 63 FIRE CAPTAIN 64 65 MAXIMUM BI-WEEKLY BASE SALARY $4,799.96 66 ASSISTANT CITY ENGINEER 67 ASSISTANT DIRECTOR OF REDEVELOPMENT 68
LITIGATION CHIEF 69 TRANSACTIONS CHIEF 70 71 MAXIMUM BI-WEEKLY BASE SALARY $4,580.53 72 ACCOUNTING AND FINANCE MANAGER 73 MANAGER OF CUSTOMER SERVICE AND BILLING 74 WATER/SEWER OPERATIONS MANAGER 75 76 MAXIMUM BI-WEEKLY BASE SALARY $4,449.84 77 FIRE LIEUTENANT 78 POLICE SERGEANT 79
80 MAXIMUM BI-WEEKLY BASE SALARY $4,361.10 81 ASSISTANT CORPORATION COUNSEL 82 BUILDING COMMISSIONER 83 REDEVELOPMENT FINANCE MANAGER 84 85 MAXIMUM BI-WEEKLY BASE SALARY $4,161.38 86 FIRE ENGINEER 87 88 MAXIMUM BI-WEEKLY BASE SALARY $4,141.67 89 CRISIS INTERVENTION MANAGER 90 DISTRIBUTION/COLLECTION SYSTEM MANAGER 91 EXECUTIVE SUPERVISORY ASSISTANT 92 OPERATIONS MANAGER 93 WATER/SEWER PLANT MANAGER 94 95 MAXIMUM BI-WEEKLY BASE SALARY $4,065.96 96
FIRST CLASS/MASTER FIREFIGHTER 97 FIRST CLASS/MASTER PATROL OFFICER 98
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
MAXIMUM BI-WEEKLY BASE SALARY $3,922.28 99 ACCREDITATION BUDGET ADMINISTRATOR 100
CONSTRUCTION MANAGER 101 EXECUTIVE DIVISION MANAGER 102 GIS COORDINATOR 103 SENIOR PROJECT MANAGER 104 STAFF ENGINEER I 105 SYSTEMS SUPERVISOR 106 107 MAXIMUM BI-WEEKLY BASE SALARY $3,702.89 108 ACCOUNTING SUPERVISOR 109 ACCREDITATION ADMINISTRATOR 110 AMS COORDINATOR 111
ASSISTANT BUILDING COMMISSIONER 112 COMMUNICATIONS SUPERVISOR 113 CRIME SCENE INVESTIGATOR 114
ELECTRICAL SUPERVISOR 115 DEPUTY CHIEF OF STAFF 116 FACILITIES MANAGER 117
GOLF PRO 118 LABORATORY SUPERVISOR 119 MANAGER OF CUSTOMER RELATIONS AND EDUCATION 120 NETWORK ADMINISTRATOR 121 PLANNER I 122 PROJECT MANAGER 123 PROCUREMENT ADMINISTRATOR 124 REDEVELOPMENT PROJECT MANAGER 125 STAFF ENGINEER II 126 SUPERVISOR 127 SYSTEMS ADMINISTRATOR 128
SYSTEMS APPLICATION AND SERVICE ADMINISTRATOR 129 TRANSPORTATION SYSTEMS ADMINISTRATOR 130 WATER TREATMENT COMPLIANCE ADMINISTRATOR 131 WATER/SEWER SUPERVISOR 132 133 MAXIMUM BI-WEEKLY BASE SALARY $3,506.65 134
FIREFIGHTER 135 PATROL OFFICER 136 137 MAXIMUM BI-WEEKLY BASE SALARY $3,483.46 138 EMPLOYEE BENEFITS ADMINISTRATOR 139 ENGINEERING ADMINISTRATOR 140 FACILITIS, EQUIPMENT, AND SYSTEMS SUPPORT SPECIALIST 141 PAYROLL ADMINISTRATOR 142 PLAN REVIEW COORDINATOR 143 RECORDS SYSTEMS ADMINISTRATOR 144 RECRUITMENT AND RETENTION ADMINISTRATOR 145
STAFF ACCOUNTANT 146 STORM WATER ADMINISTRATOR 147
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
TRANSPORTATION DEVELOPMENT COORDINATOR 148 149 MAXIMUM BI-WEEKLY BASE SALARY $3,264.11 150 BUILDING INSPECTOR/PLANS EXAMINER 151 CODE ENFORCEMENT INSPECTOR I 152 CONTENT SPECIALIST 153 CRISIS INTERVENTION SPECIALIST 154 CUSTOMER SERVICE SUPERVISOR 155 ENVIRONMENTAL PLANNER 156 FINANCIAL ANALYST 157 FINANCIAL/PROGRAM OFFICER 158 FOREMAN 159 INSPECTOR 160
LABORATORY ANALYST 161 MAINTENANCE/ELECTRONICS FOREMAN 162 MAYOR’S ASSISTANT 163
METERED/FIELD SUPPORT SERVICES COORDINATOR 164 PLANNER II 165 PRETREATMENT COORDINATOR 166
TECHNICAL FOREMAN 167 WATER/SEWER FOREMAN 168 169 MAXIMUM BI-WEEKLY BASE SALARY $3,044.72 170 ACCOUNTS PAYABLE ADMINISTRATOR 171 ADMINISTRATIVE SUPERVISOR 172 AMS ANALYST 173 AUTO MECHANIC I 174 CODE ENFORCEMENT INSPECTOR II 175 COMMUNITY LIAISON OFFICER 176 ELECTRICIAN 177
EMPLOYEE DEVELOPMENT COORDINATOR 178 EXECUTIVE ADMINISTRATIVE ASSISTANT 179 GIS ANALYST 180 MECHANIC I 181 NETWORK/APPLICATIONS ANALYST 182 QUARTERMASTER 183
SCADA TECHNICIAN 184 SENIOR OPERATOR 185 URBAN FORESTER 186 187 MAXIMUM BI-WEEKLY BASE SALARY $2,825.25 188 ACCOUNTANT 189 AMS TECHNICIAN 190 AUTO MECHANIC II 191 COMMUNICATIONS TECHNICIAN I 192 COMMUNITY RELATIONS SPECIALIST 193 COMMUNITY RESOURCE LIAISON 194
CREW LEADER 195 CRIMINAL INTELLIGENCE ANALYST 196
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
DATA TECHNICIAN 197 DISTRIBUTION/COLLECTION SYSTEM OPERATOR 198
FINANCIAL SPECIALIST 199 HOUSEHOLD HAZARDOUS WASTE COORDINATOR 200 HUMAN RESOURCES COORDINATOR 201 LEAVE COORDINATOR 202 LABORATORY TECHNICIAN 203 MAINTENANCE SUPERVISOR 204 MECHANIC II 205 MEETING COORDINATOR 206 OFFICE ADMINISTRATOR 207 PARALEGAL 208 PAYROLL SPECIALIST 209
PERMITS SPECIALIST 210 RECRUITING AND HIRING COORDINATOR 211 VISUAL/DIGITAL SPECIALIST 212
WATER/SEWER PLANT OPERATOR 213 214 MAXIMUM BI-WEEKLY BASE SALARY $2,605.90 215
ACCOUNTING TECHNICIAN 216 AMBULANCE BILLING SPECIALIST 217 ANIMAL CONTROL SPECIALIST 218 ASSISTANT GOLF PRO 219 COMMUNICATIONS TECHNICIAN II 220 DATA SPECIALIST/TRAINING COORDINATOR 221 DATA TECHNICIAN 222 GIS TECHNICIAN II 223 LEGAL ASSISTANT 224 METERED SERVICES COORDINATOR 225 OPERATOR 226
RECORDS SUPERVISOR 227 SENIOR SKILLED LABORER 228 SPECIAL INVESTIGATION ADMINISTRATOR 229 WATER/SEWER MECHANIC 230 231 MAXIMUM BI-WEEKLY BASE SALARY $2,386.47 232
ADMINISTRATIVE ASSISTANT I 233 DEFERRAL COORDINATOR 234 NIBRS COORDINATOR 235 PROPERTY/EVIDENCE ROOM CLERK 236 SKILLED LABORER 237 URBAN FORESTRY SPECIALIST 238 239 MAXIMUM BI-WEEKLY BASE SALARY $2,167.00 240 ADMINISTRATIVE ASSISTANT II 241 BUILDING SERVICES WORKER 242 GENERAL LABORER 243
METER READER 244 RECORDS CLERK 245
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
The figures listed in this salary ordinance are maximums and do not necessarily represent an incumbent’s 246 actual salary. 247
248 All base salaries paid by the City of Carmel to its employees shall conform to the general guidelines 249 established for the grade and step compensation system implemented January 1, 1999 and revised 250 effective January 1, 2017. 251 252 PART-TIME/TEMPORARY – UP TO $51.50 PER HOUR 253 254 SPECIALTY PAY 255 256 Engineering Department employees who hold a Professional Engineer license may qualify for specialty 257 pay in the amount of up to $30,000 per year in addition to all other forms of compensation. 258
259 A Department of Information and Communication Systems employee who is assigned primary on-call 260 duties between the hours of 4:30 PM and 8:00 AM, and other times when the department is not fully 261
staffed, is eligible for on-call pay at a flat rate of ten dollars ($10.00) per day for regular weekdays and 262 twenty-five dollars ($25.00) per day for Saturday, Sunday and City holidays, in addition to all other forms 263 of compensation. Eligibility for on-call pay shall be determined by the department’s on-call policy. 264
Exempt employees are not eligible for on-call pay. 265 266 A Street Department employee who is assigned primary on-call duties between the hours of 4:30 PM and 267 8:00 AM, and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate 268 of ten dollars ($10.00) per day for regular weekdays and twenty five dollars ($25.00) per day for 269 Saturday, Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call 270 pay shall be determined by the department’s on-call policy. Exempt employees are not eligible for on-call 271 pay. 272 273 Street Department employees who meet criteria specified by the Department may qualify for the specialty 274 pay specified below, in addition to all other forms of compensation: 275
276 INSPECTOR TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR SAFETY AND 277 TRAINING ASSISTANT $5.00 PER HOUR UP TO $2,500.00 PER YEAR FABRICATION 278 TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR 279 280 Each Street Department employee shall be entitled to receive only two (2) types of specialty pay at any 281
given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 282 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 283 longer meets the qualifications for such pay, whether the change results from the decision/action of the 284 City or of the employee. 285 286 A Utilities employee who is assigned primary on-call duties between the hours of 4:30 PM and 8:00 AM, 287 and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate of ten 288 dollars ($10.00) per day for regular weekdays and twenty-five dollars ($25.00) per day for Saturday, 289 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 290 be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 291 292
All full-time and part-time employees shall be paid only by the department of hire, and only from the 293 appropriate budget line. 294
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
All full-time civilian employees, the Fire Chief, and the Police Chief shall receive two hundred fifty 295 dollars ($250.00) per year longevity pay for the first ten years of service and three hundred ten dollars 296
($310.00) per year for years eleven through twenty-five, in addition to all other forms of compensation. 297 Longevity pay terms and conditions shall conform to the City’s current longevity ordinance as adopted by 298 the Carmel Common Council. 299 300 All full-time sworn employees except the Fire Chief, and the Police Chief shall receive five hundred 301 dollars ($500.00) per year for years sixteen through twenty-five, in addition to all other forms of 302 compensation. 303 304 All employees whose regularly assigned shift begins between the hours of 2:00 PM and 11:00 PM shall 305 be entitled to receive shift differential pay of one dollar ($1.00) per hour for each hour worked, in addition 306 to all other forms of compensation. 307
308 Each full-time, part-time, seasonal or temporary employee who is required to report to work on a declared 309 holiday, whether on a scheduled or an unscheduled basis, shall receive fifteen dollars ($15.00) per hour 310
premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the 311 nearest quarter hour. 312 313
A full-time civilian employee who demonstrates a specified level of fluency in an approved foreign 314 language shall receive an additional two thousand dollars ($2,000.00) per year, in addition to all other 315 forms of compensation. All such pay must be approved by the employee’s director and the Director of 316 Human Resources. To continue receiving this compensation, the employee is required to maintain 317 fluency, and may be periodically re-tested. 318 319 Employees who meet established criteria pertaining to education and job function (excluding directors) 320 shall receive technical pay amounting to ten percent (10%) of their base pay, in addition to all other forms 321 of compensation. 322 323 Overtime compensation for full-time, part-time and temporary employees shall be in addition to the 324
amounts specified above, and shall be paid in compliance with the federal Fair Labor Standards Act and 325 the City of Carmel's most current compensation ordinance as adopted by the Carmel Common Council. 326 327 The regular hourly and overtime rate of pay shall be determined as follows: 328 329 The hourly rate of pay of all City employees shall be calculated based upon the number of hours the 330
employee is scheduled to work in a regular work period. 331 332 The formula for calculating the hourly rate of pay shall be: (bi-weekly base pay + longevity pay + shift 333 differential pay + 24-hour fire schedule pay + specialty pay)/ hours the employee is scheduled to work in 334 a regular work period. 335 336 Scheduled hours are as follows: 337 338 For all civilians and for firefighters in administrative positions, the scheduled hours shall be 37.5 339 in a 7-day work period (75 hours bi-weekly). 340 341
For all police officers and golf course employees, the scheduled hours shall be 160 in a 28-day 342 work period (80 hours bi-weekly). 343
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
For firefighters who work a 24-hour shift, the scheduled hours shall be an average of 224 hours in 344 a 28-day work period (112 hours bi-weekly). 345
346 The formula for calculating the overtime rate of pay shall be: 347 348 For Fire Department non-exempt shift employees, hourly rate of pay (as determined by formula 349 in Section 12(h)(ii) above) x 0.5 for scheduled overtime from 212-224 hours, and hourly rate x 350 1.5 for scheduled overtime in excess of 224 hours and for all emergency call-outs, end-of-shift 351 runs and work-related court appearances. 352 353 For all other non-exempt City employees, hourly rate of pay (as determined by formula in Section 354 12(h)(ii) above) x 1.5.* 355 356
*Not all overtime is eligible for time and one-half compensation. See Carmel City Code § 2-40 357 (c) for guidelines. 358 359
360 Appointed members of the Plan Commission and Board of Zoning Appeals shall be paid the sum of one 361 hundred twenty-five dollars ($125.00) for each regularly scheduled meeting or special meeting, including 362
a training meeting, attended. Appointed members of the Plan Commission shall receive an additional one 363 hundred twenty-five dollars ($125.00) for each standing sub-committee meeting attended. 364 365 Exempt employees of the Department of Community Services shall be entitled to receive a stipend of 366 seventy-five dollars ($75.00) per meeting or compensatory time off for regular or special meetings of the 367 Plan Commission or Board of Zoning Appeals, or their respective committees or task forces, if such 368 meetings are held outside the regular working hours of 8:00 a.m. to 5:00 p.m. Under no circumstances 369 shall an exempt employee be entitled to receive both a meeting stipend and compensatory time off for 370 attending the same meeting. 371 372 Non-exempt employees of the Department of Community Services shall be entitled to overtime 373
compensation for attending regular or special meetings of the Plan Commission or Board of Zoning 374 Appeals, or their respective committees or task forces, if such meetings cause them to work in excess of 375 37.5 hours per week. 376 377 Appointed members of the Board of Public Works and Safety shall be paid a salary of seven thousand 378 eight hundred seventy-five dollars ($7,875) per year. 379
380 Departments may employ interns at a pay rate not to exceed $20.00 per hour. 381 382 CARMEL POLICE DEPARTMENT SPECIALTY PAY: 383 384 Designated Field Training Officers shall, at the request of the Chief of Police, be entitled to receive up to 385 ten dollars ($10.00) per hour for performing the duties associated with these functions, in addition to all 386 other forms of compensation. 387 388 Accident Investigators who do not qualify for the specialty pay shown in Section (e) below and Certified 389 Instructors shall, at the request of the Chief of Police, be entitled to receive up to three dollars ($3.00) per 390
hour for performing the duties associated with these functions, in addition to all other forms of 391 compensation. 392
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
A Police Officer who demonstrates a specified level of fluency in an approved foreign language shall 393 receive an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of 394
compensation. All such pay must be approved by the Chief of Police and the Director of Human 395 Resources. To continue receiving this compensation, the Officer is required to maintain fluency, and may 396 be periodically re-tested. 397 398 Police Officers who meet the criteria specified by the Department and who serve in the position of 399 Investigator (CID or SID) or School Resource Officer (SRO) are eligible for positional pay, in addition to 400 all other forms of compensation. Supervisors of these units are not eligible for 401 positional pay. 402 403 INVESTIGATOR (PATROL/DETECTIVE ONLY) UP TO $3,000.00 PER YEAR 404 SCHOOL RESOURCE OFFICER UP TO $3,000.00 PER YEAR 405
406 Police Department employees who meet criteria specified by the Department may qualify 407 for the specialty pay specified below, in addition to all other forms of compensation: 408
409 PERSONNEL SPECIALIST/FTO COORDINATOR UP TO $2,500.00 PER YEAR 410 FIREARMS RANGE/TRAINING COORDINATOR UP TO $2,500.00 PER YEAR 411
K-9 COORDINATOR UP TO $2,500.00 PER YEAR 412 FIELD EVIDENCE TECHNICIAN UP TO $2,500.00 PER YEAR 413 SPECIAL WEAPONS AND TACTICS (SWAT) UP TO $2,500.00 PER YEAR 414 EMERGENCY RESPONSE GROUP (ERG) UP TO $2,000.00 PER YEAR 415 ACCIDENT INVESTIGATOR (240 HOURS TRAINING) UP TO $2,500.00 PER YEAR 416 ACCIDENT INVESTIGATOR (160 HOURS TRAINING) UP TO $2,000.00 PER YEAR 417 ACCIDENT INVESTIGATOR (80 HOURS TRAINING) UP TO $1,500.00 PER YEAR 418 K-9 HANDLER UP TO $1,500.00 PER YEAR 419 MOTORCYCLE/TRAFFIC OFFICER UP TO $1,500.00 PER YEAR 420 UNMANNED AIRCRAFT SYSTEMS (UAS) UP TO $1,500.00 PER YEAR 421 NEGOTIATOR UP TO $1,500.00 PER YEAR 422
DRUG RECOGNITION OFFICER UP TO $1,000.00 PER YEAR 423 HONOR GUARD UP TO $1,000.00 PER YEAR 424 POLICE OFFICER SUPPORT TEAM UP TO $1,000.00 PER YEAR 425 IDACS COORDINATOR UP TO $1,000.00 PER YEAR 426 CHILD SAFETY SEAT TECHNICIAN UP TO $1,000.00 PER YEAR 427 428
Each Police Department employee shall be entitled to receive only two (2) types of specialty pay at any 429 given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 430 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 431 longer meets the qualifications for such pay, whether 103 the change results from the decision/action of 432 the City or of the employee. 433 434 A Carmel Police Officer who is assigned Operations Division Patrol primary on-call duties between the 435 hours of 5:00 AM and 5:00 PM, or 5:00 PM and 5:00 AM, is eligible for on call pay at a flat rate of ten 436 dollars ($10.00) per shift for regular weekdays and twenty-five dollars ($25.00) per shift for Saturday, 437 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 438 be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 439
440 Following twelve (12) full months of employment, each officer of the Carmel Police Department shall be 441
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
eligible for an annual clothing allowance of fourteen hundred dollars ($1,400.00), the entirety to be paid 442 in a lump sum on or before April 1. Such payment shall be treated as taxable income. 443
444 Police Officers shall be exempted from Social Security as outlined in Carmel City Code 119 Sec. 2-445 56(d)(6). 446 447 CARMEL FIRE DEPARTMENT SPECIALTY PAY: 448 449 A Firefighter shall be entitled an additional two dollars ($2.00) per hour for each hour he or she is assigned 450 to an ambulance, in addition to all other forms of compensation. 451 452 A Captain or Lieutenant who fills in for a Battalion Chief shall receive three dollars ($3.00) per hour ride-453 out pay, and a Firefighter who fills in for an Engineer, Lieutenant or Captain shall receive two dollars 454
($2.00) per hour ride-out pay, in addition to all other forms of compensation. Officers filling in for other 455 officers (except filling in for a Battalion Chief) are not eligible for ride out pay. 456 457
A Firefighter who demonstrates a specified level of fluency in an approved foreign language shall receive 458 an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of compensation. All 459 such pay must be approved by the Fire Chief and the Director of Human Resources. To continue receiving 460
this compensation, the Firefighter is required to maintain fluency, and may be periodically re-tested. 461 462 Fire Department employees who meet criteria specified by the Department may qualify for the specialty 463 pay specified below, in addition to all other forms of compensation: 464 465 PARAMEDIC 10% OF FIRST CLASS FIREFIGHTER SALARY 466 PUBLIC INFORMATION OFFICER (PIO) UP TO $3,500.00 PER YEAR 467 ENGINEER TECHNICAL PAY UP TO $2,500.00 PER YEAR 468 SHIFT INVESTIGATOR UP TO $2,000.00 PER YEAR 469 MECHANIC UP TO $2,000.00 PER YEAR 470 HAZARDOUS MATERIALS UP TO $2,000.00 PER YEAR 471
RESCUE TECHNICIAN UP TO $2,000.00 PER YEAR 472 SPECIAL DUTY PAY UP TO $2,000.00 PER YEAR 473 CERTIFIED AMBULANCE CODER UP TO $2,000.00 PER YEAR 474 SWAT MEDIC UP TO $2,000.00 PER YEAR 475 DRONE PILOT UP TO $2,000.00 PER YEAR 476 STATION CAPTAIN UP TO $1,500.00 PER YEAR 477
478 Each Fire Department employee shall be entitled to receive only two (2) types of specialty pay at any given 479 time, except those receiving Public Information Officer, Special Duty, Station Captain or Engineer 480 Technical Pay specialty pay, who are eligible for two additional types of specialty pay. The employee shall 481 receive the highest specialty pay(s) for which he or she is eligible. All specialty pay shall cease when an 482 employee no longer performs the duties associated with the pay or no longer meets the qualifications for 483 such pay, whether the change results from the decision/action of the City or of the employee. 484 485 Twenty-four Hour Fire Schedule Pay shall be paid to Fire Department personnel required to work a 24-486 hour shift, in addition to all other forms of compensation, as specified below (Firefighters hired after 487 January 1, 1999, are not eligible for 24 Hour Fire Schedule Pay): 488
489 490
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
BATTALION CHIEF UP TO $143.00 BI-WEEKLY 491 CAPTAIN UP TO $143.00 BI-WEEKLY 492
LIEUTENANT UP TO $136.00 BI-WEEKLY 493 ENGINEER UP TO $130.00 BI-WEEKLY 494 FIREFIGHTER UP TO $125.00 BI-WEEKLY 495 496 Section 4. All prior City ordinances or parts thereof that are inconsistent with any 497
provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. 498
499 Section 5. If any portion of this Ordinance is for any reason declared unconstitutional, 500 invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the 501 validity of the remaining portions of this Ordinance. 502
503
Section 6. This Ordinance shall be in full force and effect from and after the date of its 504 passage and signing by the mayor. 505 506 [remainder of page left intentionally blank] 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535
536 537 538
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 10/17/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 539 , 2024, by a vote of ayes and nays. 540 541 COMMON COUNCIL FOR THE CITY OF CARMEL 542 543 544 Anthony Green, President Adam Aasen, Vice-President 545 546 547 Rich Taylor Matthew Snyder 548 549 550 Jeff Worrell Teresa Ayers 551
552 553 Shannon Minnaar Ryan Locke 554
555 556 Anita Joshi 557
558 ATTEST: 559 560 ______________________________ 561 Jacob Quinn, Clerk 562 563 Presented by me to the Mayor of the City of Carmel, Indiana this day of 564 565 2024, at __________ __. M. 566 567 568 569 Jacob Quinn, Clerk 570 571
Approved by me, Mayor of the City of Carmel, Indiana, this day of 572 573 2024, at __________ __.M. 574
575 576 577
Sue Finkam, Mayor 578 579 ATTEST: 580 581 582 583 Jacob Quinn, Clerk 584 585
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 25, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
1 ORDINANCE D-2736-24 2 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 4 INDIANA, FIXING SALARIES OF ELECTED OFFICIALS 5 OF THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2025 6 7 Synopsis: Establishes 2025 salaries and all years thereafter for Carmel’s elected officials. 8 9 10 WHEREAS, the Common Council of the City of Carmel (the “City”) desires to set the bi- 11 weekly salaries and other compensation of the City’s elected officials pursuant to IC 36-4- 7-2. 12 13 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 14 Indiana, as follows 15 16
Section 1: The bi-weekly salaries of elected officials shall be as follows commencing December 17 21, 2024 and continuing through December 20, 2025: 18 19
ELECTED OFFICIAL BI-WEEKLY SALARY 20 21 MAYOR $6,827.25 22 JUDGE $6,007.06 23 CITY CLERK $5,034.10 24 COMMON COUNCIL $966.45 25 26 27 Section 2: All elected officials shall be provided with a City-issued cellular phone and a plan for 28 unlimited minutes and data. 29 30
31 Section 3: The Mayor shall be provided with either a leased vehicle for personal and/or business 32 use with no limit on annual mileage, or a monthly vehicle stipend of $600. The City shall be responsible 33 for maintenance, repairs, cleaning and gasoline for a leased vehicle. 34 35 36
Section 4: The following methodology shall be used to determine the bi-weekly salaries of elected 37 officials for all years after 2025. Not later than October 1st of each year, the Controller shall report to the 38 Common Council the Cost-of-Living Adjustment (COLA) or General Salary Adjustment (GSA) used in 39
the proposed City budget and proposed City Ordinance fixing the bi-weekly salaries for appointed officers 40 and employees of the City (Executive Branch employees) for the following year. The bi-weekly salaries 41 of elected officials will be increased annually using the same COLA or GSA used to adjust Executive 42 Branch employees for the following year; however, the Common Council may, by a separate ordinance, 43 suspend or delay an adjustment for the Mayor. Any adjustment under this Section shall take effect at the 44 same time as the adjustment for Executive Branch employees takes effect. 45 46 [remainder of page left intentionally blank] 47 48 Ordinance D-2736-24 49 Page One of Two Pages 50
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 25, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 51 , 2024, by a vote of ayes and nays. 52 53 COMMON COUNCIL FOR THE CITY OF CARMEL 54 55 56 Anthony Green, President Adam Aasen, Vice-President 57 58 59 Rich Taylor Matthew Snyder 60 61 _____ 62 Jeff Worrell Teresa Ayers 63
64 65 Shannon Minnaar Ryan Locke 66
67 68 Anita Joshi 69
70 ATTEST: 71 72 ______________________________ 73 Jacob Quinn, Clerk 74 75 Presented by me to the Mayor of the City of Carmel, Indiana this day of 76 2024, at __.M. 77 78 79 Jacob Quinn, Clerk 80 81 Approved by me, Mayor of the City of Carmel, Indiana, this day of 82 2024, at __.M. 83
84 85 86
Sue Finkam, Mayor 87 88 ATTEST: 89
90 91 92 Jacob Quinn, Clerk 93 94 95 Ordinance D-2736-24 96 Page Two of Two Pages 97
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
1
ORDINANCE D-2739-24 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 3
OF CARMEL, INDIANA AMENDING ARTICLE 4, SECTIONS 4
2-94, 2-106 AND 2-150 AND ADDING SECTIONS 2-154 AND 2-5
155 OF THE CARMEL CITY CODE 6
7
Synopsis: Amends the Law Enforcement Aid IV Fund (Fund 911), Urban Forestry Fund 8 (Fund 501) and Non-Reverting Code Enforcement Fund (Fund #924), and adds a Non-9 Reverting Carmel Surtax Fund (Fund #258) and a Non-Reverting Carmel Wheel Tax Fund 10 (Fund #259). 11
12
WHEREAS, the Common Council of the City of Carmel, Indiana is, pursuant to Indiana 13 Code 36-4-6-18, authorized to pass ordinances and resolutions regarding the control of the City’s 14 finances and the appropriation of money; and 15
WHEREAS, from time to time adjustments are needed to properly administer the City’s 16 funds; and 17
WHEREAS, it is necessary to add additional funds as appropriate with ordinances 18 passed by the Carmel Common Council establishing a Municipal Surtax and a Municipal Wheel 19 Tax. 20
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of 21 Carmel, Indian as follows: 22
23
Section 1: The foregoing Recitals are incorporated herein by this reference. 24
That Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code are 25 hereby amended and shall read as follows: 26 Ҥ 2-94 Law Enforcement Aid IV Fund (Fund 911). 27
(a) The Clerk-Treasurer of the City is directed to establish a fund denominated There is 28 established a Law Enforcement Aid IV Fund #911 for the purpose of receiving 1994 grant 29 monies. 30 (b) Said fund shall be funded by contributions from various granting agencies, including the 31 City, and that all balances from previous grants be deposited into said new fund. 32
33
34
35
Ordinance D-2739-24 36
Page One of Four Pages 37
38
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
§ 2-106 Urban Forestry Fund (Fund 501). 39 (a) Monies received from public and private donors and grants shall be deposited into the Urban 40
Forestry Fund #501, which shall be a non-reverting fund. 41
(b) Monies in the Urban Forestry Fund may not be transferred to the General Fund. 42 (c) The Common Council of the City of Carmel, Indiana, appoints the Director of the 43 Department of Community Services Street Commissioner of the City of Carmel as the designated 44 local official to sign all claims for said monies after Council approval. 45
(d) The Common Council of the City of Carmel, Indiana, designates the Clerk-Treasurer 46
Controller of the City as the disbursing officer. 47 48
§ 2-150 Non-Reverting Code Enforcement Fund (Fund #924). 49 (a) There is established a City of Carmel Non-Reverting Code Enforcement Fund. 50
(b) The funds contained in the Non-Reverting Code Enforcement Fund shall be received and 51
deposited therein from all lawful sources in accordance with applicable law. 52 (c) The funds in the Non- Reverting Code Enforcement Fund shall only be used for code 53 enforcement activities and projects. 54 (d) Monies in the Non- Reverting Code Enforcement Fund shall not be transferred into the 55
General Fund, except as provided by applicable law. 56 (e) The Non-Reverting Code Enforcement Fund shall be administered by the Department of 57 Community Services Office of Corporation Counsel. 58 (f) The funds contained in the Non-Reverting Code Enforcement Fund shall be accounted for 59 and maintained separate and apart from all other City funds, and shall be invested with the 60
interest earned thereon deposited in the Non- Reverting Code Enforcement Fund. 61 (g) In the event the Non- Reverting Code Enforcement Fund is terminated, all unexpended 62 funds maintained therein shall be distributed to the City and deposited in the General Fund.” 63 Section 2: Chapter 2, Article 4, Sections 2-154 and 2-155 are hereby added and shall read as 64 follows: 65
Ҥ 2-154 Non-Reverting Carmel Surtax Fund (Fund #258). 66
The “Carmel Surtax Fund” (Fund 258) is hereby created and shall be a non-67
reverting fund. The City may use the Surtax revenues: 68
(1) to construct, reconstruct, repair, or maintain streets and roads under the 69
City's jurisdiction; 70
(2) for the City's contribution toward a grant from the local road and bridge 71
matching grant fund under Ind. Code §8-23-30; or 72
(3) any other allowable uses under Ind. Code §6-3.5-10. 73
74
75
76
Ordinance D-2739-24 77
Page Two of Four Pages 78
79
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
§ 2-155 Non-Reverting Carmel Wheel Tax Fund (Fund #259). 80 The “Carmel Wheel Tax Fund” is hereby created and shall be a non-reverting fund. The City may 81
only use the Wheel Tax revenues to: 82
(1) construct, reconstruct, repair, or maintain streets and roads under the City’s jurisdiction; 83 (2) as a contribution to an authority established under Ind. Code §36-7-23; 84 (3) for the City’s contribution to obtain a grant from the local road and bridge matching grant 85 fund under Ind. Code §8-23-30 or 86
(4) or any other use allowable under Ind. Code §6-3.5- 11-14.” 87
88 Section 3. The foregoing Recitals are incorporated herein by this reference. 89 90
Section 4. Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code 91
are hereby amended and Chapter 2, Article 4, Sections 2-154 and 2-155 of the Carmel City Code 92 are hereby added. 93 94 Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional 95
or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance 96
so long as enforcement of same can be given the same effect. 97 98 Section 6. This Ordinance shall be in full force and effect from and after its passage and 99 signing by the Mayor. 100
101
102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117
118
119
120
121
122
123
Ordinance D-2739-24 124
Page Three of Four Pages 125
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
126 PASSED, by the Common Council of the City of Carmel, Indiana, this day of 127
, 2024, by a vote of ayes and nays. 128 129 COMMON COUNCIL FOR THE CITY OF CARMEL 130 131 132 Anthony Green, President Adam Aasen, Vice-President 133 134 135 Rich Taylor Matthew Snyder 136 137 138
Jeff Worrell Teresa Ayers 139 140 141
Shannon Minnaar Ryan Locke 142 143 144
Anita Joshi 145 146 ATTEST: 147 148 _________________________________ 149 Jacob Quinn, Clerk 150 151 Presented by me to the Mayor of the City of Carmel, Indiana this day of 152 153 2024, at __.M. 154 155 156 157 Jacob Quinn, Clerk 158
159 Approved by me, Mayor of the City of Carmel, Indiana, this day of 160 161
2024, at __.M. 162 163 164
165 Sue Finkam, Mayor 166 ATTEST: 167 168 169 Jacob Quinn, Clerk 170 171
Ordinance D-2739-24 172
Page Four of Four Pages 173
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE NO. D-2740-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 AND 2-14 OF THE 4 CARMEL CITY CODE. 5 6 Synopsis: Ordinance clarifying purpose and duties of components of government. 7 8 WHEREAS, the City of Carmel (“City”), is established as four components of government; and 9
10 WHEREAS, it is now necessary for the Carmel City Code to be amended for further clarification of 11 the purpose and duties of these components. 12 13 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 14
as follows: 15
16 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17 18 Section 2. The following subsections of Carmel City Code, Chapter, 2, Article 1, Sections 2-1, 2-3, 2-19
6, 2-10, 2-11, 2-12, 2-13 and 2-14 are hereby amended, and shall read as follows: 20
21 § 2-1 Four Branches Components of Government. 22 (a) The government of the City shall consist of four branches components, those being: 23 (1) Executive Branch (I.C., 36-4-5) 24
(2) Legislative Branch (I.C., 36-4-6) 25
(3) Fiscal Branch Clerk (I.C., 36-4-10) 26 (4) Judicial Branch (I.C., 33-35-1) (Ord. D-362, § I, 3-22-83) 27 (b) Charts depicting the four branches of government appear at the end of this chapter in Appendix I. 28 29
§ 2-3 Executive Departments. 30
(a) The Mayor shall be the chief administrator of the City and shall have control of the day-to-day operations 31 of the following executive departments which are established. 32 (1) Department of Community Services. (Ord. D-1193, 1-8-96) 33 a) Plan Commission. (I.C., 36-7-4 et seq.). 34
b) Board of Zoning Appeals. (I.C., 36-7-4-900 et seq.). 35
(2) Engineering Department. 36 (3) Fire Department. 37 a) Fire Pension Board (I.C., 36-8-7 [1937 Fund]; I.C., 36-8-8 [1977 Fund]). 38 (4) Department of Law to be known as the Office of Corporation Counsel. (pursuant to I.C., 36-4-9-12—39 City Attorney and attorney for Plan Commission, Board of Zoning Appeals). 40
(5) Police Department. 41 a) Police Pension Board. (I.C., 36-8-6 [1925 Fund]; I.C., 36-8-8 [1977 Fund]). 42 (6) Street Department. 43 (7) Public Water and Public Wastewater Utilities. (Ord. D-1193, 1-8-96) 44 (8) Department of Parks and Recreation. (I.C., 36-10-3-1 et seq.) (Ord. D-673, §1, 10-1-90) 45
(9) Department of Redevelopment. (Ord. D-720, § 1, 8-5-91). 46 (10) Finance Department. 47 (11) Department of Economic Development. 48 Ordinance D-2740-24 49 Page One of Fourteen 50
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(12) Marketing and Community Relations Department. 51 (13) Department of Human Resources. 52 (14) Information and Communication Systems Technology Department. 53 (15) Brookshire Golf Course. 54
55
(b) Pursuant to IC 36-4-9-6, The Mayor shall appoint the following who serve at her pleasure: 56 1. The chiefs of the Fire and Police Departments 57 2. and t The heads Directors of the Department of Finance who serves as the City Controller, the 58 Community Services (pursuant to I.C., 36-4-9-2), Engineering Department who serves as the City Civil 59
Engineer, the Department of Law who serves as the Corporation Counsel, , Office of the Controller, 60
and the Communications Center are appointed by the Mayor and serve at his pleasure. and; 61 3. The Directors of other departments established by City Council per IC 36-4-9-4. 62 63
§ 2-6 Reserved for Future Use The Controller 64
The Controller is the fiscal officer of the City and shall be the director of the Finance Department. He or 65 she shall perform the duties assigned by I.C., 36-4-10-5, and such other duties as the Common Council may, 66 by ordinance, require. 67
§ 2-6.1 Claim Payments in Advance of Council Allowance. 68
69
(a) The fiscal officer may submit claim payments in advance of Council approval for specific types of 70 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 71 claim at its next regular or special meeting following the preapproved payment. 72 (1) Property or services purchased or leased from the United States government, its agencies, or its 73 political subdivisions. 74 (2) License or permit fees. 75 (3) Insurance premiums. 76 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 77
charges for City vehicles. 78 (5) General grant programs where advance funding is not prohibited and the contracting party 79
posts sufficient security to cover the amount advanced. 80 (6) Grants of state funds authorized by statute. 81 (7) Maintenance agreements, service agreements or lease payments. 82
(8) Bond or coupon payments. 83
(9) Payroll. 84 (10) Federal, state or county taxes. 85 (11) Expenses that must be paid because of emergency circumstances. 86 (12) A product or service for which the City legislative body had accepted a bid. 87 (13) Petty Cash Funds as established pursuant to City Code § 2-114. 88 (14) Legal settlements which have been approved by the Corporation Counsel and are within the 89 Corporation Counsel's settlement authority pursuant to City Code § 2-9.1. 90
(15) Payments for special land acquisition projects as directed in advance by resolution of the 91 City’s legislative body. 92
(16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 93 permitted by the City Code. 94
(17) Refunds to City of Carmel customers. 95 96 Ordinance D-2740-24 97 Page Two of Fourteen 98
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 99 have been budgeted and/or approved by the legislative body. 100
(b) Each payment of expenses under this section must be supported by a fully itemized claim. 101
§ 2-6.2 Capital Asset Policy. 102
103 (a) Definition of Capital Assets. 104
(1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 105 one year. The term includes both tangible assets (land, construction in progress, buildings, building 106 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 107 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 108 investment do not qualify as capital assets, regardless of their form, because they are not used in 109 operations. 110
(2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 111 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 112 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 113 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 114 kept of all assets greater than $1,000. 115
(b) Major Capital Asset Classes and. In order to ensure that governmental entities have an 116 accurate, complete, and current record of capital assets, it is important that asset categories are 117 appropriately determined. This section further clarifies the asset definition by major category. 118
(1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 119 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 120 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 121 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 122 however, does capitalize easements. 123
(2) Buildings. 124
a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 125 erected to house equipment services or functions are included. This includes systems, services, and 126 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 127 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 128 staging and all other such units that serve the building. 129
b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 130 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 131 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 132 towers are not included because they are treated as part of the equipment unit. 133
(3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 134 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 135 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 136 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 137 hydrants. 138
139
140 Ordinance D-2740-24 141 Page Three of Fourteen 142
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
143
(4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 144 moveable items. Included within this category are office equipment, office furniture, appliances, 145 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 146 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 147 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 148 are excluded. 149
(5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 150 nature and can be preserved for a significantly greater number of years than most capital assets and that 151 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 152 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 153 given above that are incidental to property or access to the property described above. 154
(6) Construction in Progress. Construction, or development, in progress is a special class of 155 capital assets that are still in the process of construction (tangible) or development (intangible). 156 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 157
(7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of 158 the major asset classes listed above. 159
(c) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 160 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 161 exceeding $100 million. 162 163
164 Capitalize/Depreciate
Capitalize/Depreciate
Land Capitalize only
Land Improvements $50,000
Buildings $100,000
Building Improvements $100,000
Construction in Progress Capitalize only
Machinery and Equipment $5,000
Vehicles $5,000
City Utility Assets $5,000
Computer Software $5,000
Infrastructure $3,000,000
165
166
167 Ordinance D-2740-24 168 Page Four of Fourteen 169
170
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(d) Valuation of Capital Assets. 171
(1) Capital assets should be recorded at historical cost and should include the cost of freight, site 172 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 173 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 174 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 175 asset's fair market value determines its cost. 176
(2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 177 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 178
capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 179 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 180 acquisition of property. 181
(e) Depreciation Method and Salvage Value. 182
(1) Depreciation is the process of allocating the cost of tangible property over a period of time, 183 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 184
life, the sum of the amounts charged for depreciation in each accounting period (accumulated 185 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 186
the Straight-Line Method. Under this method, the basis of the asset is written off evenly over the useful 187 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 188
end of each fiscal year. 189
(2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 190 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 191 end of its useful life. The City determines salvage value on an asset-by-asset basis. 192
(f) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 193 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 194 disposal will be reported. The most common useful lives are as follows: 195
(1) City Civil. 196
a) Vehicles - 5 years. 197 b) Police Vehicles - 4 years. 198 c) Office Equipment - 5 years. 199 d) Office Furniture - 20 years. 200
e) Heavy Equipment - 10 years. 201
f) Fire Trucks - 15 years. 202 g) Ambulances - 10 years. 203 h) Buildings - 50 years. 204 i) Building Components (HVAC systems, roofing) - 20 years. 205
j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 206
k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 207 l) Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 208 years. 209 m) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 210 n) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 211 o) Computer Software - 5 years. 212
p) Security Cameras -10 years. 213
q) Stage Lighting - 5 years. 214 215 Ordinance D-2740-24 216 Page Five of Fourteen 217
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
218 r) Mobile Stage Trailer - 10 years. 219 s) Rigging and Lifts - 10 years. 220 t) Sound Equipment for Palladium - 10 years. 221
(2) City Utility - Water. 222 a) Buildings and Improvements - 50 years. 223 b) Transmission and Distribution Mains - 50 to 75 years. 224
c) Meters/Meter Installation - 25 to 30 years. 225
d) Pumping Equipment - 50 years. 226 e) Water Treatment Equipment - 50 years. 227 f) Elevated Storage - 75 years. 228 g) Office Equipment - 5 years. 229
h) Machinery - 5 to 40 years. 230
i) Hydrants - 50 to 75 years. 231 j) Well Equipment - 15 to 20 years. 232 k) Wells - 50 to 100 years. 233 l) Communications Equipment - 10 years. 234
m) GPS - 100 years. 235
n) Clearwell - 100 years. 236
(3) City Utility - Sewer. 237
a) Buildings and Improvements - 50 years. 238
b) Sewer Lines - 50 years. 239
c) Lift Station - 50 years. 240 d) Treatment Plant Equipment - 10 years. 241 e) Office Equipment - 5 years. 242 f) Machinery – 6 to 20 years. 243
g) Vehicles - 5 years. 244
h) HVAC Systems - 25 years. 245 i) GPS - 100 years. 246 j) Computer Software - 5 years. 247 (4) Infrastructure. The following is the list of networks and their useful lives: 248
a) Roads/Streets Network. 249
Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 250 b) Traffic Components Network. 251 Subsystems: Traffic Signals -35 years. 252 Street lights - 25 years. 253
c) Drainage Systems Network - 50 years. 254
(g) Capital Leases. 255 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 256 following criteria: 257 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 258
b) The lease contains a bargain purchase option. 259 c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 260 lease is non-cancellable during that time). 261 d) The present value of the minimum lease payments at the inception of the lease (excluding 262 executory costs) equals at least 90% of the fair-value of the leased property. 263 264 Ordinance D-2740-24 265 Page Six of Fourteen 266
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
267 (2) Leases that do not meet any of the above criteria are considered operating leases. 268 (h) Assets Not Capitalized. 269 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 270 recorded in the General Ledger. 271
(2) Exceptions are: 272 a) Items costing less than the above limits which are permanently installed as a part of the cost of 273
original construction or installation of a larger building or equipment unit will be included in the cost of 274 the larger unit; and 275
b) Modular equipment added subsequent to original equipment construction of a larger building or 276 equipment unit which may be put together to form larger units costing more than the prescribed limits will 277 be charged to capital assets even though the cost of individual items is less than such units; and 278 c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 279 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 280
(i) Capital Assets Purchased With Grant Funds. When Federal Grant Funds are used to purchase 281
capital assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative 282 Requirements, Cost Principles, and Audit Requirements for Federal Awards in the Code of Federal 283 Regulations is required. All grant types typically have requirements specified in the Grant Award Letter 284 with which the City must comply. 285
(j) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 286 various methods, as described in supplemental City documentation and forms. The following 287
procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 288 requisite forms, obtain the signature of the Department Director and forward the completed 289
documentation to the Fiscal Office for recording purposes. 290
(k) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 291 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 292 establishes a policy on materiality and the process for reporting material variances. 293
294
§ 2-6.3 Advance Payments for Goods and Services. 295
(a) Advance payments for goods or services before the goods are delivered or services are 296 completed are hereby authorized. 297 (b) Advance payments for goods and services may not exceed the lesser of the following: 298 (1) Fifty percent of the entire cost of the contract. 299 (2) $2,000,000. 300
(c) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 301 payments are made: 302 (1) Track prepayments by defining the prepayment on a purchase order. 303
(2) Create a prepayment invoice that is associated with the purchase order. 304 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 305 prepayment is more than $150,000. 306 307 308 309
310
311 Ordinance D-2740-24 312 Page Seven of Fourteen 313 314
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
Division III. Fiscal Branch. Clerk 315
§ 2-10 The Controller. 316
The Controller is the fiscal officer of the City. He shall perform the duties assigned by I.C., 36-4-317
10-5, and such other duties as the Common Council may, by ordinance, require. 318 § 2-12 Claim Payments in Advance of Council Allowance. 319
320
(c) The fiscal officer may submit claim payments in advance of Council approval for specific types of 321 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 322 claim at its next regular or special meeting following the preapproved payment. 323 (1) Property or services purchased or leased from the United States government, its agencies, or its 324 political subdivisions. 325 (2) License or permit fees. 326 (3) Insurance premiums. 327 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 328 charges for City vehicles. 329 (5) General grant programs where advance funding is not prohibited and the contracting party 330 posts sufficient security to cover the amount advanced. 331 (6) Grants of state funds authorized by statute. 332
(7) Maintenance agreements, service- agreements or lease payments. 333
(8) Bond or coupon payments. 334 (9) Payroll. 335 (10) Federal, state or county taxes. 336 (11) Expenses that must be paid because of emergency circumstances. 337
(12) A product or service for which the City legislative body had accepted a bid. 338
(13) Petty Cash Funds as established pursuant to City Code § 2-114. 339 (14) Legal settlements which have been approved by the City Attorney and are within the City 340 Attorney's settlement authority pursuant to City Code § 2-9.1. 341 (15) Payments for special land acquisition projects as directed in advance by resolution of the 342 City legislative body. 343 (16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 344 permitted by the City Code. 345 (17) Refunds to City of Carmel customers. 346 (18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 347 have been budgeted and/or approved by the legislative body. 348 349 (d) Each payment of expenses under this section must be supported by a fully itemized claim. 350 (`91 Code, § 2-12) (Ord. D-1063, 3-7-94; Ord. D-1183, 10-16-95; Ord. D-1370-98, 6-15-98; Ord. D- 351 1899-08, As Amended, passed 8-4-08; Ord. D-2067-11, 11-7-11) 352
§ 2-13 Capital Asset Policy. 353
354 (l) Definition of Capital Assets. 355
(1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 356 one year. The term includes both tangible assets (land, construction in progress, buildings, building 357 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 358 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 359 investment do not qualify as capital assets, regardless of their form, because they are not used in 360 operations. 361 Ordinance D-2740-24 362
Page Eight of Fourteen 363
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 364 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 365 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 366 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 367 kept of all assets greater than $1,000. 368
(m) Major Capital Asset Classes and. In order to ensure that governmental entities have an 369 accurate, complete, and current record of capital assets, it is important that asset categories are 370 appropriately determined. This section further clarifies the asset definition by major category. 371
(1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 372 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 373 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 374 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 375 however, does capitalize easements. 376
(2) Buildings. 377
a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 378 erected to house equipment services or functions are included. This includes systems, services, and 379 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 380 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 381 staging and all other such units that serve the building. 382
b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 383 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 384 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 385 towers are not included because they are treated as part of the equipment unit. 386
(3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 387 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 388 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 389 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 390 hydrants. 391
(4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 392 moveable items. Included within this category are office equipment, office furniture, appliances, 393 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 394 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 395 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 396 are excluded. 397
(5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 398
nature and can be preserved for a significantly greater number of years than most capital assets and that 399 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 400 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 401 given above that are incidental to property or access to the property described above. 402
(6) Construction in Progress. Construction, or development, in progress is a special class of 403 capital assets that are still in the process of construction (tangible) or development (intangible). 404 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 405
406 Ordinance D-2740-24 407 Page Nine of Fourteen 408
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of the 409 major asset classes listed above. 410
(n) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 411 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 412 exceeding $100 million. 413 414
415 Capitalize/Depreciate
Capitalize/Depreciate
Land Capitalize only
Land Improvements $50,000
Buildings $100,000
Building Improvements $100,000
Construction in Progress Capitalize only
Machinery and Equipment $5,000
Vehicles $5,000
City Utility Assets $5,000
Computer Software $5,000
Infrastructure $3,000,000
416 (o) Valuation of Capital Assets. 417
(1) Capital assets should be recorded at historical cost and should include the cost of freight, site 418 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 419 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 420 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 421 asset's fair market value determines its cost. 422
(2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 423 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 424 capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 425 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 426 acquisition of property. 427
(p) Depreciation Method and Salvage Value. 428
(1) Depreciation is the process of allocating the cost of tangible property over a period of time, 429 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 430 life, the sum of the amounts charged for depreciation in each accounting period (accumulated 431 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 432 the Straight-line Method. Under this method, the basis of the asset is written off evenly over the useful 433 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 434 end of each fiscal year. 435
436
Ordinance D-2740-24 437 Page Ten of Fourteen 438
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 439 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 440 end of its useful life. The City determines salvage value on an asset-by-asset basis. 441
(q) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 442 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 443 disposal will be reported. The most common useful lives are as follows: 444
(1) City Civil. 445 a) Vehicles - 5 years. 446 b) Police Vehicles - 4 years. 447 c) Office Equipment - 5 years. 448
d) Office Furniture - 20 years. 449
e) Heavy Equipment - 10 years. 450 f) Fire Trucks - 15 years. 451 g) Ambulances - 10 years. 452 h) Buildings - 50 years. 453
i) Building Components (HVAC systems, roofing) - 20 years. 454
j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 455 k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 456 • Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 457 years. 458 l) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 459 m) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 460
n) Computer Software - 5 years. 461
o) Security Cameras -10 years. 462 p) Stage Lighting - 5 years. 463 q) Mobile Stage Trailer - 10 years. 464 r) Rigging and Lifts - 10 years. 465
s) Sound Equipment for Palladium - 10 years. 466
(2) City Utility - 467 Water. 468 a) Buildings and Improvements - 50 years. 469 b) Transmission and Distribution Mains - 50 to 75 years. 470
c) Meters/Meter Installation - 25 to 30 years. 471
d) Pumping Equipment - 50 years. 472 e) Water Treatment Equipment - 50 years. 473 f) Elevated Storage - 75 years. 474 g) Office Equipment - 5 years. 475
h) Machinery - 5 to 40 years. 476
i) Hydrants - 50 to 75 years. 477 j) Well Equipment - 15 to 20 years. 478 k) Wells - 50 to 100 years. 479 l) Communications Equipment - 10 years. 480
m) GPS - 100 years. 481
n) Clearwell - 100 years. 482 (3) City Utility - 483 Sewer. 484 a) Buildings and Improvements - 50 years. 485
b) Sewer Lines - 50 years. 486
Ordinance D-2740-24 487 Page Eleven of Fourteen 488
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
c) Lift Station - 50 years. 489 d) Treatment Plant Equipment - 10 years. 490 e) Office Equipment - 5 years. 491 f) Machinery - 6-20 years. 492
g) Vehicles - 5 years. 493
h) HVAC Systems - 25 years. 494 i) GPS - 100 years. 495 j) Computer Software - 5 years. 496 (4) Infrastructure. The following is the list of networks and their useful lives: 497
a) Roads/Streets Network. 498
Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 499 b) Traffic Components Network. 500 Subsystems: Traffic Signals -35 501 years. Street lights - 25 years. 502
c) Drainage Systems Network - 50 years. 503
(r) Capital Leases. 504 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 505 following criteria: 506 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 507
b) The lease contains a bargain purchase option. 508
c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 509 lease is non-cancellable during that time). 510 d) The present value of the minimum lease payments at the inception of the lease (excluding 511 executory costs) equals at least 90% of the fair-value of the leased property. 512
(2) Leases that do not meet any of the above criteria are considered operating leases. 513
(s) Assets not Capitalized. 514 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 515 recorded in the General Ledger. 516 (2) Exceptions are: 517 a) Items costing less than the above limits which are permanently installed as a part of the cost of 518 original construction or installation of a larger building or equipment unit will be included in the cost 519 of the larger unit; 520 b) Modular equipment added subsequent to original equipment construction of a larger building or 521 equipment unit which may be put together to form larger units costing more than the prescribed limits will 522 be charged to capital assets even though the cost of individual items is less than such units; and 523
c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 524 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 525
(t) Capital Assets Purchased with Grant Funds. When Federal Grant Funds are used to purchase capital 526 assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative Requirements, Cost 527 Principles, and Audit Requirements for Federal Awards in the Code of Federal Regulations is required. 528 All grant types typically have requirements specified in the Grant Award Letter with which the City must 529 comply. 530
(u) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 531 various methods, as described in supplemental City documentation and forms. The following 532 procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 533 requisite forms, obtain the signature of the Department Director and forward the completed 534 documentation to the Fiscal Office for recording purposes. 535 Ordinance D-2740-24 536
Page Twelve of Fourteen 537
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(v) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 538 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 539 establishes a policy on materiality and the process for reporting material variances. 540
(Ord. D-1680-04, 3-1-04; Ord. D- 2067-11, 11-7-11; Ord. 2191-14, As Amended, 11-3-14; Ord. D-2451- 541 18, § 2, 2-4-18) 542
§ 2-14 Advance Payments for Goods and Services. 543
544 (d) Advance payments for goods or services before the goods are delivered or services are 545
completed are hereby authorized. 546
(e) Advance payments for goods and services may not exceed the lesser of the following: 547 (1) Fifty percent of the entire cost of the contract. 548 (2) Two million dollars. 549 (f) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 550
payments are made: 551
(1) Track prepayments by defining the prepayment on a purchase order. 552 (2) Create a prepayment invoice that is associated with the purchase order. 553 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 554 prepayment is more than $150,000. 555
556
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 557 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 558 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 559 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 560
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 561
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 562 563 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 564 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 565
so long as enforcement of same can be given the same effect. 566
567 Section 5. The remaining portions of Carmel City Code Sections 2-3, 2-6, 2-10, 2-11, 2-12, 2-13 568 and 2-14 are not affected by this Ordinance upon its passage. 569 570
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 571 and signing by the Mayor and such publication as required by law. 572 573 574
575 576 577 578 579
580 581 582 Ordinance D-2740-24 583 Page Thirteen of Fourteen 584
585 586
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
587 588 PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 589 2024, by a vote of _____ ayes and _____ nays. 590
591 COMMON COUNCIL FOR THE CITY OF CARMEL 592 593 594 Anthony Green, President Adam Aasen, Vice-President 595
596
597 Rich Taylor Matt Snyder 598 599 ______________________________ 600
Jeff Worrell Teresa Ayers 601
602 603 Shannon Minnaar Ryan Locke 604 605
______________________________ 606
Anita Joshi 607 608 ATTEST: 609 610
______________________________ 611
Jacob Quinn, Clerk 612 613 Presented by me to the Mayor of the City of Carmel, Indiana this day of 614 615
_________________________ 2024, at _______ __.M. 616
617 618 619 Jacob Quinn, Clerk 620
621
Approved by me, Mayor of the City of Carmel, Indiana, this day of 622 623 ________________________ 2024, at _______ __.M. 624 625
626
627 Sue Finkam, Mayor 628 ATTEST: 629
630
631 632 Jacob Quinn, Clerk 633 634
Ordinance D-2740-24 635
Page Fourteen of Fourteen 636
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE NO. D-2741-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 2, ARTICLE 6, SECTIONS 2-301, 2-302 AND 2-303, 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance amending budget procedures of the City of Carmel. 7 8 WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code § 36-4-7-6, is required to formulate 9
a budget estimate for the ensuing year; and 10
11 WHEREAS, the City has previously established budget procedures, such being codified, in part, under 12 Carmel City Code §§ 2-301, 2-302, and 2-303; and 13 14
WHEREAS, the Common Council of the City now finds that in the interests of fiscal responsibility 15
this procedure should be amended. 16 17 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 18 as follows: 19
20
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 21 22 Section 2. The following subsections of Carmel City Code Sections 2-301, 2-302, and 2-303 are hereby 23 amended, and shall read as follows: 24
Ҥ 2-301 Transfer of Funds. 25
26 (a) Common Council Approved Transfers. The Common Council may transfer money from one 27 major budget classification to another within a City department or office of an elected official component 28 of government and may transfer appropriated funds between line items within major budget 29 classifications within a City department of office of an elected official when the transfer between line 30 items would cause the Maximum Approved Transfer Amount (as defined in subsection (b)(1)) to be 31 exceeded and if: 32
(1) It determines that the transfer is necessary; 33
(2) The transfer does not require the expenditure of more money than the total amount set out in the 34 budget as finally determined pursuant to I.C., 6-1.1 et seq.; 35
(3) The transfer is made at a regular public meeting and by proper resolution; and 36
(4) The transfer is certified to the county auditor when the transfer is between major budget 37 classifications. 38
(b) Department Controller Approved Transfers. 39
(1) The Controller may transfer appropriated funds between line items within a major budget 40 classification for all City departments, the Office of the Mayor, the Clerk, and the City Judge may 41 transfer appropriated funds between line items within major budget classifications without the approval 42 of the Common Council (“Department Controller Approved Transfers”), provided, however, that such 43 transfers may not exceed the Maximum Approved Transfer Amount. The term “Maximum Approved 44 Ordinance D-2741-24 45 Page One of Four Pages 46
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
47
Transfer Amount” shall mean no more than $25,000 per occurrence and no more than $50,000 per 48 receiving line item, per calendar year, except that no Maximum Approved Transfer Amount shall apply 49 to personnel costs and expenses. 50
(2) Department Controller Approved Transfers may be made without notice and without the approval 51 of the State Board of Tax Commissioners. 52
(3) The Controller shall report any single transfer of $50,000 or more to the Common Council at 53
the end of each month. 54
(3)Written notice of Department Approved Transfers shall be provided to the Office of the 55 Controller. 56
(c)Emergencies. When there exists, under emergency conditions, a threat to public health, welfare, 57 or safety, the Maximum Approved Transfer Amount may be exceeded and ratified at the next 58 meeting of the Common Council following the emergency. 59
60
§ 2-302 Chart of Accounts and Budget Forms. 61 (a) The Controller shall adopt a Chart of Accounts in compliance with the State Board of Accounts and 62 Department of Local Government Finance and shall submit a copy of any changes at least annually to 63 the Common Council. Common Council has adopted a Chart of Accounts, budget forms and report 64 (Exhibits A, B, C, D, and E, attached to Ordinance D-1005). The Council requires all departments, 65 Carmel/Clay Board of Parks and Recreation, and all elected officials to shall use the Chart of Accounts 66 and budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 67 formulated in accordance with IC 36-4-7- The Council authorizes the Controller to administer the Chart of 68
Accounts as he finds it necessary in order to assure continuity and consistency of the budget process among 69 all departments and elected officials. The Council further declares that the Chart of Accounts or budget 70
forms may not be changed or altered. Nonposting accounts as stated in the Chart of Accounts shall not be 71 used by any department or elected official in the preparation of the budget but shall abide by the point 72
system and budget category line items as established in the Chart of Accounts. 73 74 (b) The Controller shall adopt budget forms to be used in the preparation of the budget. All departments, 75
Carmel/Clay Board of Parks and Recreation and all elected officials shall use the Chart of Accounts and 76 budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 77 formulated in accordance with IC 36-4-7. Any and all additions or alterations of the Chart of Accounts, budget 78 forms and report must be petitioned by ordinance through the Council and must receive a favorable 79
recommendation from the fiscal officer. 80 81 (c) The Utility Department is exempt from the provisions of this section.” 82 83
§ 2-303 Encumbrances. 84
85 (a) Written contractual obligations. Components of government may only encumber funds 86 with a written contractual obligation from one budget year to the next with approval of the 87 Controller, with the exception of the below limited exceptions. 88 89
Ordinance D-2741-24 90
Page Two of Four Pages 91 92 93
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(b) Absence of written contractual obligations. All City departments, the office of the Mayor, 94 Clerk, Common Council, and City Judge may encumber funds in the absence of a written 95 contractual obligation from one budget year to a subsequent budget year, only in conformance with 96 this section. 97 98 (b)(1) In the event that a department seeks to carry forward such an encumbrance to a subsequent 99 budget year, that department must submit a request to the Controller justifying the encumbrance. 100 The Controller shall provide a summary memorandum to the Common Council, prior to the adoption 101 of the City budget by the Common Council final Common Council meeting of the year, listing any 102 such encumbrance. 103 104
(2)The Ffailure to provide such a memorandum will result in the automatic cancellation of such 105 encumbrance and the automatic return of the encumbered funds to their originating fund on the first 106 day of the following subsequent budget year; 107
(3)The only exception will be invoices which remain in "dispute" or "inquiry" status, or invoices 108 received after the last annual Council meeting; and, 109
(4)Any encumbrances specified in such a memorandum shall, subject to any modifications or 110 conditions adopted by the Common Council through a resolution, automatically be renewed in the 111 subsequent budget year. 112
(c) All capital fund projects (Cum Cap Development, Cum Cap Improvement, and Cum Cap Sewer) as 113 well as Local Road and Street Fund projects that have been encumbered may not be used for any project 114 or purpose different than from that established by the original encumbrance, and such project or purpose 115 must proceed in the budget year in which the funds are encumbered. If it is deemed necessary to change 116 the scope of the encumbrance, a resolution must be presented to and approved by the Common Council. 117 This resolution shall list the detailed justification for the change request.” 118 119 Section 6. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 120
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 121 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 122 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 123 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 124 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 125
126
Section 7. If any portion of this Ordinance is for any reason declared to be invalid by a court of 127 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 128 so long as enforcement of same can be given the same effect. 129 130
Section 8. The remaining portions of Carmel City Code Sections 2-301, 2-302, and 2-303 are not 131
affected by this Ordinance upon its passage. 132 133 Section 9. This Ordinance shall be in full force and effect from and after the date of its passage 134
and signing by the Mayor and such publication as required by law. 135
136 137 138
139 140 Ordinance D-2741-24 141 Page Three of Four Pages 142
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 143 2024, by a vote of _____ ayes and _____ nays. 144 145 COMMON COUNCIL FOR THE CITY OF CARMEL 146
147
148 Anthony Green, President Adam Aasen, Vice-President 149 150 151
Rich Taylor Matt Snyder 152
153 ______________________________ 154 Jeff Worrell Teresa Ayers 155 156
157
Shannon Minnaar Ryan Locke 158 159 ______________________________ 160 Anita Joshi 161
162
ATTEST: 163 164 ______________________________ 165 Jacob Quinn, Clerk 166
167
Presented by me to the Mayor of the City of Carmel, Indiana this day of 168 _________________________ 2024, at _______ __.M. 169 170 171
Jacob Quinn, Clerk 172
173 Approved by me, Mayor of the City of Carmel, Indiana, this day of 174 ________________________ 2024, at _______ __.M. 175 176
177
178 Sue Finkam, Mayor 179 180 ATTEST: 181
182
183 184 Jacob Quinn, Clerk 185
186
187 188 189 190
Ordinance No. D-2741-24 191
Page Four of Four Pages 192
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at 2:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2742-24 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 2
AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 3
FROM THE OPERATING BALANCE OF THE GENERAL FUND 4
5
Synopsis: Restores reductions by the DLGF to the annual 2024 appropriations of the General 6
Fund. 7
8
WHEREAS, DLGF reviews the annual budget of the City of Carmel without taking into 9
account the full non-property tax revenues and other resources available, all of which are now 10
known or estimable; and 11
WHEREAS, an additional amount of $17,343,102.00 is now necessary and desirable 12
from the General Fund to reinstate the DLGF reductions from the 2024 appropriations which 13
received the approval of the Common Council on October 16, 2023; and 14
WHEREAS, the unencumbered balance in the General Fund as of December 31, 2024, is 15
currently projected to equal or exceed $17,343,102.00. 16
NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of 17
Carmel, Indiana: 18
Section 1: That the foregoing Recitals are incorporated herein by this reference. 19
Section 2: That the following additional sums of money are hereby appropriated from 20
the General Fund operating balance, subject to applicable laws: 21
22
$17,343,102.00 from the General Fund operating balance 23
24
TO 25
26
Any appropriation line that otherwise would be affected by the DLGF reduction. 27
28
Section 3: This ordinance shall become effective upon its passage and execution by 29
the Common Council and Mayor as required by law. 30
Ordinance D-2742-24 31
Page One of Two Pages 32
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at 2:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of 33 ________, 2024, by a vote of _____ ayes and _____ nays. 34
35 COMMON COUNCIL FOR THE CITY OF CARMEL 36 37 38 Anthony Green, President Adam Aasen, Vice-President 39
40
41 Rich Taylor Matt Snyder 42 43 ______________________________ 44
Jeff Worrell Teresa Ayers 45
46 47 Shannon Minnaar Ryan Locke 48 49
50
Anita Joshi 51 52 ATTEST: 53 54
______________________________ 55
Jacob Quinn, Clerk 56 57 Presented by me to the Mayor of the City of Carmel, Indiana this day of 58 59
_________________________ 2024, at _______ __.M. 60
61 62 Jacob Quinn, Clerk 63 64
Approved by me, Mayor of the City of Carmel, Indiana, this day of 65
66 ________________________ 2024, at _______ __.M. 67 68 69
Sue Finkam, Mayor 70
ATTEST: 71 72 73 Jacob Quinn, Clerk 74
75
Ordinance D-2742-24 76
Page Two of Two Pages 77
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at 2:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2743-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 4 FROM THE OPIOID SETTLEMENT FUND (256) INTO THE SUBSCRIPTION SOFTWARE 5 LINE ITEM (4355600) 6 7
Synopsis: This ordinance authorizes and approves an additional appropriation of $130,000.00 8 from the Opioid Settlement Fund (256) into the Subscription Software Line Item (4355600). 9 10 WHEREAS, The Opioid Settlement Fund (#256) is an unrestricted fund designated to be used 11 for any governmental purpose, pursuant to the 2022 Final Distributor Settlement Agreement ; and 12
13 WHEREAS, the sum of One Hundred Thirty Thousand Dollars ($130,000.00) is needed to pay 14 for Flock Camera Software; and 15 16 WHEREAS, the Opioid Fund (#256) has excess funds in the amount of One Hundred Thirty 17
Thousand Dollars ($130,000.00) to appropriate into the Subscription Software line (4355600). 18
19 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 20 Indiana, that the following additional sum of money is hereby appropriated out of the Opioid Settlement 21 Fund for the purposes specified, subject to applicable laws, as follows: 22
23 $130,000.00 from the OPIOID SETTLEMENT FUND, Fund #256 Balance 24 25 To 26 27
SUBSCRIPTION SOFTWARE (4355600) 28
29 30 31 32
33
34 35 36 37
38
39 40 41 42
43
44 Ordinance D-2743-24 45 Page One of Two 46
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at 2:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 47 , 2024, by a vote of ayes and nays. 48 49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 Anthony Green, President Adam Aasen, Vice-President 53 54 55 Rich Taylor Matthew Snyder 56 57 58 Jeff Worrell Teresa Ayers 59
60 61 Shannon Minnaar Ryan Locke 62
63 _ 64 Anita Joshi 65
66 ATTEST: 67 68 ______________________________ 69 Jacob Quinn, Clerk 70 71 Presented by me to the Mayor of the City of Carmel, Indiana this day of 72 73 2024, at __.M. 74 75 76 77 Jacob Quinn, Clerk 78 79
Approved by me, Mayor of the City of Carmel, Indiana, this day of 80 81 2024, at __.M. 82
83 84 85
Sue Finkam, Mayor 86 87 ATTEST: 88 89 90 91 Jacob Quinn, Clerk 92 93 Ordinance D-2743-24 94
Page Two of Two Pages 95
Sponsor: Councilor(s) Green and Aasen
1
RESOLUTION CC-10-21-24-01 1
2 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, TO LIMIT THE RATE FOR TAXES PAYABLE IN 2025 AND AUTHORIZE 4 NECESSARY TEMPORARY BORROWING AMONG CITY FUNDS 5
6
Synopsis: A resolution finding that the City’s 2025 property tax rate should not exceed 7
0.7783, which is the same as the 2024 rate, and recommending how the DLGF should allocate 8 the 2025 property levy among City funds; and also permitting temporary borrowing among 9 funds during 2025. 10
11
WHEREAS, it is the policy of the City of Carmel, Indiana (“City”) to keep the City 12 property tax rate level for taxes payable in 2025 in comparison to 2024; and 13 14 WHEREAS, the Indiana Department of Local Government Finance (“DLGF”) has the 15
authority to set the final City tax rate for taxes payable in 2025; and 16
17 WHEREAS, the Common Council finds it to be in the interests of the City to levy for the 18 0708 Motor Vehicle Highway Fund only the amount needed to fund appropriations, leaving no 19 operating balance; and 20
21
WHEREAS, the Common Council finds it in the interests of the City to maintain a 22 positive cash balance in every City fund for cash flow purposes; and 23 24 WHEREAS, the Common Council finds that certain City funds have sufficient cash 25
available to deposit temporarily to the credit of other funds, 26
27 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 28 Carmel, Hamilton County, Indiana: 29 30
Section 1. The DLGF is respectfully requested to set the total 2025 City tax rate, for all 31
City funds, so as not to exceed $0.7783 per $100 of assessed value. 32 33 Section 2. The DLGF is respectfully requested to set the 2025 property tax levy of the 34 0708 Motor Vehicle Highway Fund at a level no greater than the amount needed to fund 35
appropriations. 36
37 Section 3. Except as provided in Section 4, the DLGF is respectfully requested to set the 38 2025 property tax levies of the 0180 Debt Service Fund, the 0181 Debt Payment Fund, the 0182 39 Bond #2 Fund, the 0183 Bond #3 Fund, and the 0184 Bond #4 Fund, at levels needed to fund 40
appropriations plus operating balances to the extent allowed by law. 41
42 Section 4. After applying the maximum ad valorem property tax levy, as that term is 43 described at Indiana Code § 6-1.1-18.5-3, to the 0708 Motor Vehicle Highway Fund and the 44 0101 General Fund, as appropriate, the DLGF is respectfully requested to reduce levies, as 45
necessary, to eliminate operating balances in the 0180 Debt Service Fund, the 0181 Debt 46
Payment Fund, the 0182 Bond #2 Fund, the 0183 Bond #3 Fund, and the 0184 Bond #4 Fund, in 47 that order, and then to reduce the levy in the General Fund, such that the total tax levy is reduced 48 to a level which will result in the total City tax rate named in Section 1. 49
Prepared by Curtis L. Coonrod on October 10, 2024, as suggested language only and not as legal advice. No subsequent revision has been reviewed by Mr. Coonrod.
2
Section 5. The Common Council hereby permits borrowing among City funds in 50
accordance with Indiana Code § 36-1-8-4. Borrowing is permitted only when it is necessary to 51 enhance a fund in need of money for cash flow purposes when another fund has sufficient money 52 on deposit. The borrowed amount shall be returned by December 31, 2025, and may not exceed 53 the amount needed to fund appropriations or other lawful disbursements. Only revenues derived 54
from the levying and collection of property taxes or special taxes or from operation of the 55
political subdivision may be included in the amount transferred. 56
57 SO RESOLVED by the Common Council of the City of Carmel, Hamilton County, 58
Indiana, this day of , 2024. 59 60 COMMON COUNCIL FOR THE CITY OF CARMEL 61 62
63 ___________________________________ ____________________________________ 64 Anthony Green, President Adam Aasen, Vice-President 65 66 ___________________________________ ____________________________________ 67
Jeff Worrell Teresa Ayers 68
69 ___________________________________ ____________________________________ 70 Shannon Minnaar Anita Joshi 71 72
___________________________________ ___________________________________ 73 Ryan Locke Matthew Snyder 74 75 ___________________________________ 76
Rich Taylor 77
78 ATTEST: 79
80
__________________________________ 81 Jacob Quinn, Clerk 82 83 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 84 _________________________ 2024, at _______ __.M. 85 86 ____________________________________ 87
Jacob Quinn, Clerk 88 89 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 90 ________________________ 2024, at _______ __.M. 91
92
____________________________________ 93 Sue Finkam, Mayor 94 ATTEST: 95 96
___________________________________ 97
Jacob Quinn, Clerk 98