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Home My WebLink AboutCC-10-17-11-02 Clay Township COIT Distribution to the City'y 2012 BudgetRESOLUTION NO. CC- 10- 17 -11 -02 SPONSOR(S): Councilor Sharp A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING COOPERATION BETWEEN THE CITY OF CARMEL AND CLAY TOWNSHIP WITH REGARD TO FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES AND PARKS AND RECREATION FACILITIES AND PROGRAMS WHEREAS, the City of Carmel and Clay Township have long formed a single community (Carmel Clay) for the purposes of providing fire protection and emergency medical services (EMS) and parks and recreation facilities and programs; and WHEREAS, through Ordinance C -263, as amended, the City of Carmel has expanded an additional array of services to nearly all of Carmel -Clay, including police protection, and also has extended the right to vote in City elections; and WHEREAS, the policy of cooperation and the extension of services described above yield benefits to Carmel -Clay which far exceed the costs of implementing and administering any changes required; and WHEREAS, the State of Indiana, nevertheless, penalizes local communities for such cooperation and such extensions of services with counter- productive laws, mandating income tax distributions that do not immediately recognize the cooperation and extensions, but instead tend to continue old distributions long after the responsibility for services has shifted; and WHEREAS, the Department of Local Government Finance exacerbates the effect of counter- productive income tax distribution laws by disregarding I.C. 6 -3.5 -6 and imposing a further one -year delay in any recognition of shifting responsibilities resulting from extensions of services; and WHEREAS, the Department of Local Government Finance has rejected, without explanation, a recent request by the City of Carmel to reconsider its position on the distribution of income tax; and WHEREAS, by operation of the State actions described herein, Clay Township will receive an income tax distribution in 2012 that can, in part, be attributed to territory that will be outside its service area and instead be the direct responsibility of the City of Carmel; and WHEREAS, due to the development of Central Park, Clay Township has received and accumulated income tax distributions that can be attributed to the development of that park, which accumulations have heretofore been reserved for capital projects only; and Page One of Three Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 10 -17 -11 at 1:23 P.M No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. [LE BasslMy DocumentsiResoluuons- CCC720111CC- 10- 17 -11 -02 Co -op City Clay Twsp Re Fire Protect MMS Parks Programs.doc 10117/2011 1:20 PM] WHEREAS, respected Carmel -Clay residents have proposed that the accumulated income tax distributions attributable to the development of Central. Park should be available to fund park operations when extraordinary circumstances justify such funding; and WHEREAS, the City of Carmel wishes to renew and continue the policy of cooperation that has always prevailed in Carmel -Clay, especially with regard to providing fire protection and EMS and parks and recreation facilities and programs. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. SPONSOR(S): Councilor Sharp Section 2. It is the sense of the Council that all necessary changes should be made to all applicable parks agreements with Clay Township to the effect that Clay Township will fund the full amount of the General Fund appropriations of the Parks Department for budget year 2012. Section 3. It is the sense of the Council that all necessary changes should be made to all applicable parks agreements with Clay Township to the effect that income tax distributions attributable to the development of Central Park may be appropriated for parks and recreation operating expenses, when in the judgment of the Township Board, such appropriations are justified by extraordinary circumstances. Section 4. It is the sense of the Council that all applicable fire protection agreements with Clay Township for budget year 2012 include the provision that Clay Township shall include in its payment the amount of its income tax distributions attributable to territory then within the City limits. Section 5. No changes are contemplated in this Resolution in the method of allocating property tax revenue to fund fire and EMS or parks and recreation costs. Section 6. It is the sense of the Council that the estimated revenue from the Clay Township payments contemplated in this Resolution should be included in computing the amount of funding available for the 2012 budget for the City of Carmel. Section 7. The Council authorizes and directs the Mayor to take such actions as are appropriate to commend this Resolution to the Clay Township Trustee, the Clay Township Board, and the Carmel /Clay Board of Parks and Recreation and calls upon these officials to accept and act upon this Resolution in the spirit of cooperation for the benefit of our mutual constituents. Council Resolution CC- 10- 17 -11 -02 Page Two of Three Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 10 -17 -11 at 1:23 P.M. No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. IZ:IE Bass/My Oocumentsl Resolutions- CCC120111CC- 10- 17- 11 -02- Co -op City 0 Clay Twsp Re Fire Protect MMS Parks Programs.Aoc:10 /1712011 1 PMJ ATTm T SPONSOR(S): Councilor Sharp -rh SO RESOLVED by the Common Council of the City of Carmel, Indiana, this l.1 day of Ve_tiiteh 2011, by a vote of (v ayes and r nays. Presi ng. Officer W. Eric Seide ticker, President Pr empore Depase John V. Accetturo R nald E. C arter Diana L. Cordray, IAMC, C rk- easurer Presented by me to the Mayor of the City of Carmel, Indiana, this l S day of 2011, at 2>: 3a— O'clock, ft' M. Diana. L. Cordray, IAMC, Cl Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this 1$ d y of (`�C.'0 6e 2011, at a 31 O'clock, 42 M. ATTL$ T: Diana L. Cordray, IAMC, Treasurer Resolution No. CC- 10- 17 -11 -02 Page Three of Three Pages COMMON COUNCIL FOR THE CITY OF CA Kevin Rider Richa Luci Snyder Jar>`fes Brainard, Mayor This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 10-17-11 at 1:23 P.M No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or othenvise. IZ:YE Bass11y Documents1Resoluions- CCCY20111CC- 10- 17 -11 -02 Co -op City Day Twsp Re Fire Protect MMS Parks Programs.doe:1 011 7 /2011 1:26 PM] MEMORANDUM TO: Carmel Common Council Members FROM: Rick Sharp, Councilor RE: ADD -ON TO OCTOBER 17, 2011 COMMON COUNCIL MEETING Council Resolution CC- 10- 17 -11 -02 DATE: October 17, 2011 Dear Councilors: Attached is the referenced Resolution regarding the cooperation between the City of Carmel and Clay Township regarding fire protection and EMS services, and parks and recreation facilities and programs, as impacted by the State of Indiana Department of Local Government Finance. I ask that this Resolution be added to the business of tonight's Council meeting because of its correlation to the City's year 2012 budget. /eb