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Home My WebLink AboutD-1897-08 Cum Cap Dev. Tax LevySPONSOR:. Coitncilor'Snyder ORDINANCE D-1897-08 AS AMENDED AN,ORDINANCF ;OF'THT COMMON COUNCIL OF TIM CITY OF CARMEN, INDIANA, RE-ESTABLISHINC THI TAX LEVY FOR T}iC CITY OT CARMEL CUMULATIVE CAPITAL DEVELOPMENT FUND AND AMENDING CARMEL CITY CODE CHAP'T'ER 2,-ARTICLE' 4, SECTION 2r9l WHEREAS, Indiana Code 6-1-1-4,1*-1 erseq.,and 36-9-15-.5-1 et seq: permit the City, of Carmel ao`establish -a cumulative capital. development,f ind and to impose a property tax for'the cumulative fund' arid,, WHEREAS, -in 1991, it was the determination of the-City, of Carinel, Indiana. and its Common Council,-that a need existed for the establishment-of the Carmel Cumulative Capital Developinent Fund, pursuant to Indiana Code 6-1.1-41-2 and 36-9-15.5-2, for any and all uses aiid°purposes,perinitted utder Indiana.Code 36-8-14'for fire,departmem buildings•and equipment -and police- radio equipment, under indiana Code `36-9-16,2 for public buildings and rights of way, under Indiana-Cok.36-9=16-3 for public ways and sidewalks, sewers. utilities, parks and recreation, police and fne equipment, `bond "retirement and public transportation, under Indiana Code 36-946.5 for public ways and -sidewalks, under.indiana Code 36=9-17 for the general improvement of streets alleys, sidewalks, curbs, gutters, drain, and sewers, under-Indiana-Code 36=10-3-21 and/or Indiana Code 36-10-4-36 for pa"rks, recreation'and culture, and tinder Indiana F: Code 36,-9.1"5:5-2rfor,any and.all other uses 'and purposes for which: properrytaxes,,are authorized to be imposed; and WHEREAS, notwithstanding'€hc above; funds accumulated in the Carmel, Cumulative Capital Development Fund may be spent for, purposes other than those uscsrand purposes stated herein, provided that the•purpose.of such expenditure is to protect the public health, welfare or safety in a declared emergency situation: and 'WHEREAS, pursuant to Indiana Code, 6-1.1-41-i3, pncc;the Fund is re-established, a property tax maybe levied•aiSnually at the tax rate_ approved aiid.advertised as°otlter tax levies are advertised; and WHEREAS;. for taxes dtie and payable in the year'2009, tine tax will be levied on ail taxable real aiid personal property within the taxing district and will not exceed $.0500 per $100 assessed valuation provided-that any such rate will be offset by a decrease.in the general fund levy of equal amount and' WHEREAS, this,levy,may change firm year to year and will in futureyears be approved andadvertised as other tax.leyies are approved.and advertised; and VERSION A - July 7, 2008' WHEREAS, the Common Council desires to amend Chapter 2, Article 4, Section 2-91 of the Carmel City Code: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. Ordinance D-1640-03 is hereby repealed. Section 2. For taxes due and payable in the year 2009. the levy will not exceed $.0500 per $100 assessed valuation. Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of another ordinance does not affect any assessments or levies made or to be made under or,pursuant to such other City ordinance, or any other applicable law, for any tax year(s) prior to 2009. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel. Indiana, this day of 2008, bya vote of 7 ayes and 0 nays. COMMON C. OUNCIIAFOR THI F siding 9icer Temporc o1 ceeltuurro 1 y? onald E. Carter ATTEST: Diana L. Cordray, IAMC, Cler reasurer VERSION A - July 7, 2008 2 Presented by the to the Mayor of the tom, at 9 _3'-i O'clock,A.. M. City of Carmel. hidiana, this _ el-day of Diana L. Cordray, iAMC, Clerk ensurer P10Prwed by uie,..the• Mayor of the CiEy of Cannel. Indiana, this f C+ day of 20M at 1,=S( O'clock; ?. M. Brainard, Mayor' ATTEST: Diana 11. Cordray. IAMC, Clerk- e urer Prepared by:. Diana L. Cordray Clerk 'treasurer. Ci[yof Carmel One Civic.Square. Carmei,.Ind iana,4602 VERSION A -July 7, 2008 1- 900549-5232639 Form65-RFV 1-88 PUBLISHER'S AFFIDAVIT State of Indiana SS: Hamilton County Personally appeared before me, a notary public in and for said county and state, the undersigned Karen Mullins who. being duly sworn, says that SHE is. clerk of the Noblesville Ledger a newspaper of general circulation printed and published in the English language in the city of NOBLESVILLE in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for 2 time(s),. between the dates of: 0610612008 and 06/13/2008 • Clerk Title Subscribed and sworn to before me on 0611 My commission LOUISE M. POWELL Notary NOTARY PUBLIC SEAL STATE OF INDIANA S1pN E=RES FebruaryU. 2016 STATE OF INDIANA DEPART,N I ENT Or LOCAL GOVERINiN1ENr INDIANA It 100 NoRTn SENATE A vENUr? N I08 INDIANAPOLIS, IN 46214 PooNF, (317) 232.3758 FAN (317) 232-8771) ORDER # C08-028 A transcript of proceedings have been filed by the proper officers of the City of Carmel, Hamilton County, State of Indiana, in the matter of the establishment of a Cumulative Capital Development Fund and tax levy for purposes stated within IC 36-9-15.5. and such (ranscript and all of the facts having been carefully considered, this Department does now approve the creation of such fund and the levying of a tax in the amount of the fund will be provided for by a levy of three and thirty-three hundredths cents ($.0333) on each one hundred dollars ($100.00) of taxable real and personal property within the taxing unit in 2008 payable 2009, and thereafter, continuing until reduced or rescinded, subject to existing maximum levy limits pursuant to IC 6-1.1-18.5-3. Any levy previously established for this purpose is hereby rescinded. All according to the ordinance of the Common Council of the City of Carmel, Hamilton County. State of Indiana, dated July 7" 22008. The proper officials are hereby authorized and directed to take the necessary steps to accomplish the purposes of the law under which said Cumulative Capital Development Fund and tax levy were established. To obtain a cumulative fund rate for 2008 pay 2009, the unit must advertise and adopt the cumulative find rate and the appropriate levy amount as part of the 2009 budget. in compliance with the provisions of IC 6-I.1-17-3. The maximum cumulative fund rate will be adjusted in compliance with IC 6-1.1-18.5-9.8. DEPAI TMENT OF LOCAL ' VERNMENT FINANCE Cheryl . Musgrave, Commission STATE OF INDIANA DEPARTMEN'r OF LOCAL GOVERNMENT FINANCE 1. Timothy J. Rushenberg, General Counsel, General Counsel for the.Departtnent of Local Government Finance, hereby certify that the above is an order of the Commissioner of the Department of Local Government Finance made this date in the above entitled matter and that the Commissioner has personally signed the same under her statutory authority. r ?(? I p W1TNESJMY 11 ,61) ?ND SEAL of this Department on this the t? day of& `2008. J.