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HomeMy WebLinkAboutD-2739-24 Amending Funds and Adding Wheel Tax and Surtax FundSponsor(s): Councilor(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. 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 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). WHEREAS, the Common Council of the City of Carmel, Indiana is, pursuant to Indiana Code 36-4-6-18, authorized to pass ordinances and resolutions regarding the control of the City’s finances and the appropriation of money; and WHEREAS, from time to time adjustments are needed to properly administer the City’s funds; and WHEREAS, it is necessary to add additional funds as appropriate with ordinances passed by the Carmel Common Council establishing a Municipal Surtax and a Municipal Wheel Tax. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indian as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. That Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code are hereby amended and shall read as follows: “§ 2-94 Law Enforcement Aid IV Fund (Fund 911). (a) There is established a Law Enforcement Aid IV Fund #911 for the purpose of receiving 1994 grant monies. (b) Said fund shall be funded by contributions from various granting agencies, including the City, and that all balances from previous grants be deposited into said new fund. Ordinance D-2739-24 Page One of Four Pages Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Sponsor(s): Councilor(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). (a) Monies received from public and private donors and grants shall be deposited into the Urban Forestry Fund #501, which shall be a non-reverting fund. (b) Monies in the Urban Forestry Fund may not be transferred to the General Fund. (c) The Common Council of the City of Carmel, Indiana, appoints the Street Commissioner of the City of Carmel as the designated local official to sign all claims for said monies after Council approval. (d) The Common Council of the City of Carmel, Indiana, designates the Controller of the City as the disbursing officer. § 2-150 Non-Reverting Code Enforcement Fund (Fund #924). (a) There is established a City of Carmel Non-Reverting Code Enforcement Fund. (b) The funds contained in the Non-Reverting Code Enforcement Fund shall be received and deposited therein from all lawful sources in accordance with applicable law. (c) The funds in the Non- Reverting Code Enforcement Fund shall only be used for code enforcement activities and projects. (d) Monies in the Non- Reverting Code Enforcement Fund shall not be transferred into the General Fund, except as provided by applicable law. (e) The Non-Reverting Code Enforcement Fund shall be administered by the Office of Corporation Counsel. (f) The funds contained in the Non-Reverting Code Enforcement Fund shall be accounted for and maintained separate and apart from all other City funds, and shall be invested with the interest earned thereon deposited in the Non- Reverting Code Enforcement Fund. (g) In the event the Non- Reverting Code Enforcement Fund is terminated, all unexpended funds maintained therein shall be distributed to the City and deposited in the General Fund.” Section 2: Chapter 2, Article 4, Sections 2-154 and 2-155 are hereby added and shall read as follows: “§ 2-154 Non-Reverting Carmel Surtax Fund (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-2739-24 Page Two of Four Pages Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Sponsor(s): Councilor(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). The “Carmel Wheel Tax Fund” is hereby created and shall be a non-reverting fund. The City may only use the Wheel Tax revenues to: (1) construct, reconstruct, repair, or maintain streets and roads under the City’s jurisdiction; (2) as a contribution to an authority established under Ind. Code §36-7-23; (3) for the City’s contribution to obtain a grant from the local road and bridge matching grant fund under Ind. Code §8-23-30 or (4) or any other use allowable under Ind. Code §6-3.5- 11 -14.” Section 3. The foregoing Recitals are incorporated herein by this reference. Section 4. Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code are hereby amended and Chapter 2, Article 4, Sections 2-154 and 2-155 of the Carmel City Code are hereby added. Section 5. 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 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance D-2739-24 Page Three of Four Pages Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E Sponsor(s): Councilor(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. 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 D-2739-24 Page Four of Four Pages Docusign Envelope ID: B53FB292-BE7B-4480-AA1E-62876274BE7E A 22nd 11:30 October 22nd 1 Opposed October A October 8 11:15 21st