The URL can be used to link to this page

Home My WebLink AboutD-2737-24 Surtax Ordinance w ExhibitSPONSOR(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 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 Synopsis: Creates the Carmel Surtax Fund and Imposes a Motor Vehicle License Excise Surtax. WHEREAS, Ind. Code §6-3.5-10-1 et seq. (the “Act”) authorizes the City of Carmel Common Council (the “Council”) to impose, by ordinance, an annual motor vehicle license excise surtax (“Surtax”) of not more than twenty-five dollars ($25.00) on certain motor vehicles registered in the City of Carmel (“City”); WHEREAS, the Act authorizes the Council to impose the Surtax on each motor vehicle that is subject to the tax or impose the Surtax on vehicles subject to the tax at one or more different amounts based upon the class of vehicles; WHEREAS, the Act prohibits the Council from adopting an ordinance imposing a Surtax unless the Council concurrently adopts an ordinance under Ind. Code §6-3.5-11 to impose the municipal wheel tax; WHEREAS, pursuant to Ind. Code §6-3.5-11, the Council is concurrently adopting a municipal wheel tax; WHEREAS, the Council may not adopt an ordinance to impose the Surtax unless the City uses a transportation asset management plan approved by the Indiana Department of Transportation (“INDOT”); WHEREAS, the City utilizes a transportation asset management plan approved by INDOT, as more specifically described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the City may use the Surtax revenues (1) to construct, reconstruct, repair, or maintain streets and roads under the City's jurisdiction; or (2) for the City's contribution toward a grant from the local road and bridge matching grant fund under Ind. Code §8-23-30. Ordinance D-2737-24 Page One of Four Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E 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. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. Chapter 2, Article 7, Section 2-402 shall be created and added to the Carmel Code of Ordinances as follows: (a) Definitions. The definitions set forth in Ind. Code §6-3.5-10-1 are incorporated herein and shall apply throughout this ordinance. (b) Imposition and Rate of Surtax. Effective January 1, 2025, the following vehicles, registered in the City of Carmel and subject to the Motor Vehicle License Excise Tax shall be subject a Surtax in the amount of Twenty Five Dollars ($25.00), in accordance with the provisions of Ind. Code §6-3.5-10-1 et seq. The Surtax shall be paid with the registration of each such vehicle. The City Controller shall deposit revenue received from the Surtax in a fund to be known as the “Carmel Surtax Fund” and shall distribute the Surtax Fund in accordance with Ind. Code §6-3.5-10-10. (1) Passenger motor vehicles. (2) Motorcycles. (3) Motor driven cycles. (4) Collector vehicles. (5) Trailer vehicles with a declared gross weight of nine thousand (9,000) pounds or less. (6) Trucks with a declared gross weight of eleven thousand (11,000) pounds or less. (7) Mini-trucks. (8) Military vehicles. (c) Carmel Surtax Fund (258). The “Carmel Surtax Fund” (Fund 258) is hereby created and shall be a non-reverting fund. The City may use the Surtax revenues (1) to construct, reconstruct, repair, or maintain streets and roads under the City's jurisdiction; (2) for the City's contribution toward a grant from the local road and bridge matching grant fund under Ind. Code §8-23-30; or (3) any other allowable uses under Ind. Code §6-3.5-10. Ordinance D-2737-24 Page Two of Four Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E 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 each year, the City Controller shall provide the Council with an estimate of the Surtax revenues to be received by the City during the next calendar year. The City shall include the estimated Surtax revenues in the City’s budget estimate for the calendar year. (e) Transmittal of Ordinance to BMV. The Council hereby authorizes the Mayor or her designee to send a copy of this ordinance to the Indiana Bureau of Motor Vehicles. Section 2. The foregoing Recitals are incorporated herein by this reference. Section 3. Chapter 2, Article 7, Section 2-402 of the Carmel City Code is hereby added. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. (Remainder of Page left intentionally blank) Ordinance D-2737-24 Page Three of Four Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E 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 , 2024, by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Anthony Green, President Adam Aasen, Vice-President 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 2024, at _________ __. M. Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this day of 2024, at _________ __. M. Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk Ordinance No. D-2737-24 Page Four of Four Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E October Opposed A 7 October Opposed October 11:30 11:15 22nd A 2 22nd 21st Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E