Ordinance Violations - Share Revenue INTERLOCAL AGREEMENT FOR THE CITY OF CARb~I,
'"This Inte~local Agreement is entered into among the City of Carmel,
Indiana,.the Clerk2Treasurer of the City of Carmel, Indiana, the Clerk of
the Carmel City Court, the Prosecuting Attorney of Hamilton County, Indiana,
the Clerk of Hamilton County, Indiana, the Auditor of Hamilton County,
Indiana, and being approved by the Hamilton Cqunty Counci>.~ ,The purpdse of~
the Agreement~-~fd~ and sh~r~ revenue among ' '
s~cce the parties through the~-.,
ssful collection of judgments and/or fines and costs assess~d_aga~npt~
Xviolators
of ordinances of~the~Cit~-~a~mel.
1. This Agreement shall be in effect after the date of signing by all
the parties until notice of termination is given pursuant to this
Agreement.
2. Any party to this Agreement may terminate the Agreement upon writ-
ten notice to all parties not less than ninety (90) days before such ter-
mination is desired. Said termination may be either partial or complete.
Upon complete termination of this Agreeme.t, all monies left owing shall
become immediately due and payable.
3. The Prosecuting Attorney of Hamilton County agrees to prosecute
alleged violations of ordinances of the City of Carmel on behalf of the City
of Carmel.
4. If the Prosecuting Attorney of Hamilton County, a law enforcement
agency or other city agency files an alleged ordinance violation in the
Hamilton County Court the following shall be the procedure:
The City of Carmel does now hereby authorize the Clerk
of Hamilton Cdunty, and the Clerk d63s now agree to collect
all costs, fees, judgments and/or fines which arise out
of a judgment concerning a violation of an ordinance of the
City of Carmel.
B. The Clerk of Hamilton County agrees to pay all judgments and/or
fines to the City of Carmel which are collected for
violations of ordinances of the City of Carmel. Further
the Clerk, pursuant to statute (I.C. 33-19-5-3), agrees to pay
'~ to the Auditor all costs and/or fees which ar,e~coll~cted for
.......... --vf~l~i~J °f-o~d~n~n~es ~f' th~ ~ity of Carmel.
The Auditor hereby agrees to pay, pursuant to statute, the
amount of all fees and/or costs which are collected under
I.C. 33-19-5-2(a) in Hamilton County, to the City of Carmel.
If fifty percent (50%) or more of all ordinance violations
which are filed by the City of Carmel are filed in
the Circuit, Superior or County Court located in Hamilton County,
and further, based on the population of the City of Carmel,
compared with the other communities who qualify for payment pur-
suant to statute. The Hamilton County Auditor agrees to make
such payment semi-annually and any and all other costs or
fees not paid pursuant to this agreement or statute shall be
retained by either the Hamilton County Auditor or the Hamilton
County Clerk as either the county share of such money, or
for distribution pursuant to statute.
PAGE ONE OF FOUR PAGES
The City of Carmel agrees to certify to the Hamilton County
Auditor one month prior to the semi-annual distribution of monies
that they have filed at least fifty perceut (50%) of their ordi-
nance violations in the Hamilton County Circuit, Superior or
County Court of Hamilton County.
Of the funds received and forwarded to the City of Carmel by the
Auditor of Hamilton County, the Clerk-Treasurer of the City
of Carmel shall pay fifty percent (50%) of such funds
received to the Hamilton County Prosecuting Attorney in considera-
tion for services of the Prosecuting Attorney in processing and
prosecuting alleged violations of ordinances of the City of
Carmel. Such payment to ~he Hamilton County Prosecuting
Attorney shall be made payable to the Treasurer of Hamilton
County and recorded in the Hamilton County Auditor's Office
under the Prosecutor's fund entitled "Prosecution of City
Ordinances".
5. If the Prosecuting Attorney of Hamilton County, law enforcement
agency or other city agency files the alleged ordinance violation in the
Carmel City Court the following shall be the procedure:
A. All costs, fees, judgments and/or fines shall be collected by
the Clerk of Carmel City Court.
The Clerk of the Court of the City of Carmel shall semi-
annually distribute to the State Auditor for deposit in the State
general fund fifty-five percent (55%) of the amount of all fees
and/or Court costs collected arising out of a violation of an
ordinance of the municipal code of the City of Carmel.
That concerning the remainder of all costs, fees, judgments
and/or fines of the Clerk of the City Court of Carmel
shall pay such sums to the Clerk-Treasurer of the City of
Carmel and the Clerk-Treasurer of the City of Carmel shall
either retain such funds as the cities share of such monies,
or to be distributed pursuant to statute.
Be
The Clerk-Treasurer of the City of Carmel shall distribute
fifteen percent (15%) of the amount of costs or fees collected
for violations of the City of Carmel ordinances to the County
Auditor as the county share of such monies collected once
each month.
The Clerk-Treasurer of the City of Carmel shall retain all
judgment or fines and thirty percent (30%) of all of the
costs or fees collected for violations of the City of
Carmel ordinances, on behalf of the City of Carmel for Services
in processing such alleged violations.
D. Concerning the thirty percent (30%) of all costs or.fees
retained by the City of Carmel, the Clerk-Treasurer of the
City of Carmel shall pay fifty percent (50%) of such funds
received to the Hamilton County Prosecuting Attorney in
._ ~consideration for.ser~ices~of the Prosecuting Attorney in
processing and prosecuting the alleged violation of
ordinances of the City of Carmel. Such payment shall tie made
payable to the Treasurer of Hamilton County and recorded in the
Hamilton County Auditor*s Office under the Prosecutor's fund
entitled "Prosecution of City Ordinances". The Clerk-Treasurer
shall also nqtify the Hamilton County Prosecutor of when, and
the amount, of all monies sent to the Hamilton County Auditor
pursuant to this agreement.
PAGE RiO OF FOUR PAGES
~' IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals.
BOARD OF PUBLIC WORKS
ATTEST:
~C~E~ oF ~CIT/~OP~C~m~/·
DATE
AT~EST:
DATE
A~EST:
DATE
ATTEST:
DATE
ATTES'r:
DATE
STEVEN R. NATION
CLERK OF HAMILTON COUNTY
K~HY RICHA~RDSON
AUDITOR OF HAMILTON COUNTY
po~y~ et~t~Ch~ (~)~
CLERK, CARMEL CITY COURT
PAGE THREE OF FO~ PAGES
~/~z~,~.~ ~CLERK-TREASURER' CITY OF~
zz~SUSAN JONES ~
ATTEST:
APPROVED BY THE COUNTY COUNCIL, HA~.ILTON COUN~ ~INDIAN~
DATED
PAGE FOUR OF FOUR PAGES
S~TAT ~ o INDIANA _ i
INDIANAPOLIS 46204,
S ~ p ~=..lb=~ 16 1983
Stephens K. Andrews
Bleecker Brodey Andrews & Cohen
Attorneys a5 Law
2506 Willowbreok ?ark~ay, Suite 3!2
indianapolis, iN 46205
Dear Mr. Andrews:
The Auditor of Staue is in recaipt of uhe inLerloca! Agreement:
%8818!42 between the city of Carmel and Hamiltcn County pursuent %c
!.C. 36-1-7-10.
k'~" G. DoVer!:'
BLEECKER, BRODE¥, ANDREWS & COHEN
ATTORNEYS AT LAW
INDIANAPOLIS~ INDIANA 46005
· .,,.,,"°~^'D"'"°°'""c'..^,o,,., Se~ptember 14, 1988
Indiana State Auditor
234 State House
Indianapolis~ Indiana
46204
RE: Interlocal A~reement For The City Of Carmel
To whom it may concern,
Enclosed please fi.nd a photocopy of the executed Interlocal
Agreement between the City of Carmel and the Hamilton County
Prosecutor's Office. We are referring this.to you pursuant to Indiana
Code 36-1-7-10.
If additional information is required. Please advise.
SKA:jl
Enclosure: Interlocal Agreement
CC:
Steven R. Nation
Hon. Dorothy J. Hancock
Hon. Susan Jones
Very truly yours,
BLEECKER BRODEY ANDREWS
By
Stephen Ko Andrews
COHEN
)EPUTY PROSECUTORS
NAYNE A. STURTEVANT '
Chiel Depuly
Circuit Court and
Juvenile Divi~,ion
TONJA ANN WILLIAMS
Juvenile Division
BRUCE E. PETIT
Buperior Courl NO. 2
ROBERT E. TROUT
Support Division
WALLACE E. WEAKLEY
Superior Courl No. 1
DANIEL E. HENKE
County Co~ft
J. RICHARD CAMPBELL
County Coufl
JAMES H. BRADLEY
Investigator
JACK A. MARKS
Adult P~ofective
Services Coordinator
tamllt n t/h]untl , n taua
STEVEN R. NATION
PROSECUTING A3-rORNEY
24TH JUDICIAL CIRCUIT OF INDIANA
942 MAPLE AVENUE NOBLESVlLLE, INDIANA 46060 PHONE (317) 773.3825
CHILD SUPPORT DIVISION · PHONE {317) 773.3977
August 29, 1988
Mr. Steve Andrews
Attorney at Law
2506 Willowbrobk Parkway
Indianapolis, Indiana 46205
Dear Steve:
Please find enclosed, for your files, a copy of the statute
I.C. 36-1-10, "Agreements between municipality and county;
~rerequisites to taking effect" regarding the Interlocal Agreement.
Very truly yours,
Steven R. Nation
Prosecuting Attorney
~RN/dr
Enclosure
36-1-7-9 LOCAl, GOVERNMENT
(2) The specific fuuctions aud services to be performed or fur-
nished by the county on behalf Of the municipality.
In addition, such an agreement may provide for any other appropri-
ate matters.
(c) An agre.ement tinder this section may provide for either of the
followiug:
(I) A stipulation that
distrihutious
from
the m0tor
vehicle
high-
way account under IC 8-14-1, the local road and Street account
under IC 8-14-2, or both, be made to the county rather than to
the tannic§paltry.
(2) A stipulation that the municipality will appropriate a speci-
fied part of those distributions for purposes listed in the agree-
ment.
As added by Acts 1.980, P.L.£11,
ilistorlcal Note
Formerly:
]C
lC 19-5-25--~3.
Acts 1971o P.L.300, SEC.2,
Library References
Hlghways~105{a). I.L.E, llighways § 81 et seq.
Municipal Corporations ~=~269(2). I,L.E, Municipal Corporations §§ 163
C.J.S, Illghwnys § 184. et ~eq,, 386 et seq,, 543.
C.J.S, Municipal Corporations § 1044.
36-1-7-10 Agreements between num|eipality and county;
prerequisites to taking effect
See, 10. Before it takes effect, an agreemeat under section 9 of
this chapter must be:
(!) approved by the fiscal body of each party;
(2) recorded with tile county recorder;
(3) filed with the executive of the mnnieipality and the auditor
of tile county; aud
(4) filed with the auditor of state.
As added by Acts 1980, P.L.£11, SEC.1.
tllstorlcal Note
Formerly:
lC I 0-5--2~--2.
IC ! 9-5-25~.
Acts 197l, P.L.300. SEC.2.
Municipal Corporations ¢=~226.
C.J,S. Municipal Corporations § 976
et seq,
80
Library References
I.L.E, Municipal Corporations et seq.
)EPUTY PROSECUTORS
VAYNE A. STURTEVANT
Chie! Oeptf~¥
Circuit Courl and
Juvenile Divi$ior~
I'ONJA ANN WILLIAMS
Juvenile Division
BRUCE E. PETIT
Superior Court No. 2
ROBERT E. TROUT
Support Division
WALLACE E. WEAKLEY
Superior Court No. 1
DANIEL E. HENKE
County Court
J. RICHA,RD CAMPBE~.L
County Court
JAMES H. BRADLEY
Investigator
JACK A. MARKS
Adult Rrolective
Services ~oordinator
942 MAPLE AVENUE
Mamtltan ( auntll, nbiana
STEVEN R. NATION
PROSECUTINQ ATTORNEY
24TH JUDICIAL CIRCUIT OF INDIANA
NOBLESVILLE, INDIANA 46060
CHILD SUPPORT DIVISION · PHONE (317) ??3-39??
Mr. Steve Andrews
Attorney at Law
2506 Willowbrook Parkway
Indianapolis, Indiana 46205
RE: Interlocal Agreement
Dear Steve: ;
Enclosed is the Interlocal Agreement for the City of Carmel
recorded with the Hamilton County Recorder's Office.
Very truly yours,
SRN/dr
Steven R. Nation
Prosecuting Attorney
PHONE ($17} T73.3825
The City of Carmel agrees to certify to the Hamilton County
Auditor one month prior to the semi-annual distribution of monies
that they have filed at least fifty percent (50%) of their ordi-
nance violations in the Hamilton County Circuit, Superior or
County Court of Hamilton County.
Of the funds received and forwarded to the City of Carmel by the
Auditor of Hamilton County, the Clerk-Treasurer of the City
of Carmel shall pay fifty percent (50%) of such funds
received to the Hamilton County Prosecuting Attorney in considera-
tion for services of the Prosecuting Attorney in processing and
prosecuting alleged violations of ordinances of the City of
Carmel. Such payment to the Hamilton County Prosecuting
Attorney shall be made payable to the Treasurer of Hamilton
County and recorded in the Hamilton County Auditor's Office
under the Prosecutor's fund entitled "Prosecution of City
Ordinances".
5. If the Prosecuting Attorney of Hamilton County, law enforcement
agency or other city agency files the alleged Ordinance violation'in the
Carmel City Court the following shall be the procedure.:
A. Ail costs, fees, judgments and/or fines shall be collected by
the Clerk of Carmel City Court.
The Clerk of the Court of the City of Carmel shall semi-
annually distribute to the State Auditor for deposit in the State
general fund fifty-five percent (55%) of the amount of all fees
and/or Court costs collected arising out of a violation of an
ordinance of the municipal code of the CitY of Carmel.
That concerning the remainder of all costs, fees, judgments
and/or fines of the Clerk of the City Court of Carmel
shall pay such sums to the Clerk-Treasurer of the City of
Carmel and the Clerk-Treasurer of the City of Carmel shall
either retain such funds as the cities share of such monies,
or to be distributed pursuant to statute. ..
The Clerk-Treasurer of the City of Carmel shall distribute
fifteen percent (15%) of the amount of costs or fees collected
for violations of the City of Carmel ordinances to the County
Auditor as the county share of such monies collected once
each month.
The Clerk-Treasurer of the City of Carmel shall retain all
judgment or fines and thirty percent (30%) of all of the
costs or fees collected for violations of the City of
Carmel ordinances, on behalf of the City.of Carmel for services
in processing such alleged violations.
Concerning the thirty percent (30%) of all costs or fees
retained by the City of Carmel, the Clerk-Treasurer of the
City of Carmel shall pay fifty percent (50%) of such funds
received to the Hamilton County Prosecuting Attorney in
consideration for services of the prosecuting Attorney in.
processing and prosecuting the alleged violation of
ordinances of the City of Carmel. Such payment shall be made
payable to the Treasurer of Hamilton County and recorded in the
Hamilton County Auditor's Office under the Prosecutor's fund
entitled "Prosecution of City Ordinances". The Clerk-Treasurer
shall also notify the Hamilton County Prosecutor of when, and
the amount, of all monies sent to the Hamilton County Auditor
pursuant to this agreement.
· PAGE TWO OF FOUR PAGES
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals.
BOARD OF PUBLIC WORKS
CITY OF CARMEL
A'I'I'EST:
~K OF C~TY OF C~P~L ~
DATE
A~'FEST
DATE
A'I'I'~ST
DATE
DA~
PROS~OR OF HAMILTON COUNYY
STEVEN R. NATION'
CLERK OF HAMILTON COUNTY
'~ATHY RICRARDSON
AUDITOR OF HAMILTON COUNTY
POLL~ PEARCE --
CLERK, CARMEL CITY COURT
KD1 RoTr
PAGE THREE OF FOUR PAGES
A'rI'EST:
CLERK-TREASURER, CITY OF CARMEL
SUSAN JONES d/J
APPROVED HAMILTON CO ,, INDI NA.
BY THE COUNTY COUNCIL,
POLLY PEA~E, ~I~R
DASD
PREPARED BY: WALLACE WEAKLEY, ATTORNEY.
PAGE FOUR OF FOUR PAGES