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HomeMy Public PortalAbout024-2018 - Reestablishing the CCD FundCITY OF RICHMOND, INDIANA ORDINANCE #24-2018 Z ,47 ORDINANCE REESTABLISHING THE CUMULATIVE CAPITAL DEVELOPMENT FUND Under Indiana Code 36-9-15.5 BE IT RESOLVED by the City Council of the City of Richmond of Wayne County, Indiana that a need now exists for the reestablishment of a Cumulative Capital Development Fund for all uses as set out in IC 36-9-15.5. BE IT FURTHER RESOLVED that this Council will adhere to the provisions of Indiana Code 36- 9-15.5. The proposed fund will not exceed $0.0500 on each $100 of assessed valuation. Said tax rate will be levied beginning with taxes for 2018 payable in 2019. BE IT FURTHER RESOLVED that proofs of publication of the public hearing held on the 16`h day of April, 2018, and a certified copy of this ordinance shall be submitted to the Department of Local Government Finance of the State of Indiana as provided by law. This Cumulative Fund is subject to the approval of the Department of Local Government Finance. Passed and adopted this day of , 2018, by the Common Council of the City of Richmond, Indiana. (Jamie Lopeman) ATTEST: , City Clerk (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this _ day of at 9:00 a.m. (Karen Chasteen, IAMC, MMC) APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this , 2018, at 9:05 a.m. (David M. Snow) ATTEST: , City Clerk (Karen Chasteen, IAMC, MMC) President 2018, City Clerk day of Mayor ORDINANCE NO. 12-2009 AN ORDINANCE RE-ESTABLISHING THE CITY OF RICHMOND CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, the City of Richmond, Indiana accepted and passed Ordinance 72-1984 establishing the Richmond Cumulative Capital Development Fund, and; WHEREAS, Indiana Code 36-9-15.5 allows municipalities to establish and continue a Cumulative Capital Development Fund, and; WHEREAS, the City of Richmond finds that such a fund is necessary and prudent for the financial well being of the municipality, and; NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, as follows: 1. That the City of Richmond hereby re-establishes the Cumulative Capital Development Fund beginning in the year 2010. 2. The ad valorem property tax levy will continue with the revenues from the levy being retained in the City of Richmond Cumulative Capital Development Fund. 3. The maximum rate of levy under Section 2 will not exceed $.05 per $100 of Assessed Valuation each year. 4. The Funds accumulated in the City of Richmond Cumulative Capital Development Fund will be used for: IC 8-16-3 The construction, maintenance and repair of bridges, approaches and grade sections; IC 36-8-14 The purchase, construction, renovation or addition to buildings used by the fire department and for the purchase or rental with option to purchase of police radio equipment; IC 8-22-3-25 The acquisition of real property and the construction, enlarging, improving, remodeling, repairing or equipping or Buildings, structures, runways or other facilities for use in connection with the airport operated by the City of Richmond; IC 36-9-4-48 The acquisition of buses and the planning, establishment and Maintenance of routes and schedules; IC 36-9-16-2 The purchase, construction, equipment and maintenance of buildings for municipal purposes, including the acquisition of land and improvements thereon, the demolition of such improvements and preparation of such land and the acquisition, improvement or construction of land or rights -of - way to be used for public ways to be used as a public way or other means of ingress or egress to land acquired for the construction of a municipal building; IC 36-9-16.5 The acquisition of land or rights -of -way to be used for public ways or sidewalks and the construction and maintenance of public ways of sidewalks; IC 36-9-16-3 The purchase of lease of land, buildings or rights -of -way for the use of any utility acquired or operated by the City of Richmond. The purchase or lease of motor vehicles for the use of the police or fire department, including ambulances and firefighting vehicles with the necessary equipment, ladders and hoses. The purchase or lease of equipment needed by the City of Richmond for any public transportation use; IC 36-10-3-21 The purchase or acquisition of land, with or without buildings, for park or recreation purposes and the building, remodeling and repair of park and recreation facilities; IC 36-9-17 The construction, repair or improvement of streets, alleys, sidewalks, curbs and gutters. Notwithstanding Section 4 of this Ordinance, funds accumulated in the Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 4, if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Mayor issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. 6. This fund takes effect upon approval of the Department of Local Government Finance. Passed and adopted this 6'� day of Aril 2009, by the Common Council of the City of Richmond, Indiana. S/S Bruce Wissel , President (Bruce Wissel) ATTEST: _S/S Karen Chasteen , City Clerk (Karen Chasteen) PRESENTED to the Mayor of the City of Richmond, Indiana, this 8th day of _April 2009, at 10:00 a.m. S/S Karen Chasteen , City Clerk (Karen Chasteen) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 8 h day of ARri1 _, 2009, at 10:30 a.m. S/S Sarah L. Hutton , Mayor (Sarah L. Hutton) ATTEST: JS/S Karen Chasteen , City Clerk (Karen Chasteen) ORDINANM fN0,-72-1984 AN ORDINANCE CREATING A CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF RICHM D, INDIANA. WHEREAS, P.L. 44-1984 allows municipalities to establish a uwnicipal Cumulative Capital Development Fund; and WHEREAS, the City of Richmond, Indiana finds that such a fund is necessary and prudent for the financial well being of'.the municipality; NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana; SECTION 1. That there is hereby established a Cumulative Capital Development Fund. SECTION 2. That an ad valorem property tax levy will be imposed and the revenues from the levy will be retained in the Cumulative Capital Development Fund. SECTION 3. That the maximum rate of levy under Section 2 will not exceed; a. 05 per $100 Assessed Valuation for 1985 b. �6 per $100 Assessed Valuation for 1986 c. per $100 Assessed Valuation for 1987 SECTION 4. That the funds accumulated in the Cumulative Capital Development Fund will be used for- I.C. 8-16-3 The construction, maintenance and repair of bridges, approaches and grade sections; I.C. 36-8-14 The purchase, construction, renovation or addition to buildings used by the fire department and for.the purchase or rental with option to Vurchase fire -fighting equipment and the purchase of police radio equipment; I.C.8-22-3-25 The acquisition of real property and the construction, enlarging, improving, remodeling, repairing or equipping of buildings, structures, runways or other facilities for use in connection with the airport operated by the City of Ridhmond; I.C.36-9-48 The acquisition of buses and the planning, establishment and Maintenance of routes and schedules; I.C.36-9-16-2 The purchase, construction, equipment and maintenance of buildings for municipal purposes, including the acquisition of land and improvements thereon, the demolition of such improvements and preparation of such land and the acquisition, improvement or construction of land or rights -of -way to be used as a public way or other means of ingress or e4ress to land acquired for the construction of a municipal building; I.C.36-9-16-3 & I.C.36-9-16-5 The acquisition of land or rights -of -way to be used for public ways or sidewalks and the construction and maintenance of public grays of sidewalks; I.C.36-9-16-3 The purchase or lease of land, buildings or lights -of -way for the use of any utility acquired or operated by the Cityl,of Richmond._The purchase or.lease of motor vehicles for the use of the police or fire department, including ambulances and firefighting vehicles with the necessary equipment, ladders and hoses. The purchase or lease of equipment needed by the City of Richmond for any public transportation use; I.C.36-10-3-21 The purchase or acquisition of land, with or without buildings, for park or recreation purposes and the building, remodeling and repair of park and recreation facilities; I.C.36-8-17 The construction, repair or improvement of streets, alleys, sidewalks, curbs and gutters. SECTION 5. Notwithstanding Section 4, funds accumulated in;the Cumulative Capital Developmiet Fund may be spent for purposes other than the purposes stated in Section 4, if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of'this section only after the Mayor issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money inrthe fund. SECTION 6. This fund takes effect upon approval of the State Board of Tax Commissioners. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana thisZ&�'c day of 1984. I " , r Aw"! " - Wr"FA ATTEST: %�ZGLc�ipiiotLK,Ge t� City— eP- ram' PRESENTED by me to the Mayor of the City of Richmond, Indiana this _L� day of , 1984 APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this tau day of , 1984. ATTEST • /// .. `7a+ue.&M1rL.,, City Clfrk NOTICE TO TAXPAYERS OF THE CITY OF RICHMOND, INDIANA Notice is hereby given the taxpayers of.the. City of Richmond, Wayne County Indiana, that the Common Council of the City of Richmond, Wayne County, Indiana, will meet in the Council Chambers, Municipal Building, Richmond, Indiana an Monday, July 16, 19847 at the hour o 7. 0,P.M. for the purpose of conducting a public Baring on dinance No. ] 4 - AN ORDINANCE CREATING A CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF RICHMOND, INDIANA, pursuant to Indiana. Code I.C. 36-9-15-5. Said Cumulative CapitalDevelopment Fund shall be used for any or all of the following purposes permitted by law: T.C. 8-16-3 The construction; maintenance and repair of bridges, approaches and grade sections, I.C. 36-8-14 The purchase, construction, renovation or addition of fire department buildings and for the purchase of fire fighting equipment and police radio equipment, I.C. 8-22-3-25 The acquisition of real property and the construction, repairing' or equipping of buildings, structures, runways or other facilities for use in connection with airport operations, I.C. 36-9-48 -The purchase of buses for public transit, I.C. 36-9-16-2 The purchase, construction and maintenance of municipal buildings including land acquisition, I.C. 36-9-16-3 and I.C. 36-9-16-5 The acquisition of land, rights -of -way and construction of public ways or sidewalks, I.C. 36-9-16-3 and I.C. 36-10-3-21 The purchase of land and buildings for park or'recreation purposes and the building, remodeling and repair of park and recreation facilities, I.C. 36-9-16-3 The purchase of motor vehicles for the police or fire department and the purchase of equipment for any public transportation use, and I.C. 36-9-17 The construction, repair or improvement of streets, alleys, sidewalks, curbs and gutters." Said Cumulative Capital Development Fund shall levy an additional tax, outside the limits imposed by the Indiana,Code 6-1.1-18.3 tax control program, on all taxable personal and real property in Richmond, Indiana to provide funds for said Cumulat ve Capitai Development Fund, -said tax to be died in 1984, payable in 198 , and .payable annually thereafter. - at the following rates per One Hundred Dollars 0100.00) on all taxable personal and real property in Richmond, Indiana: 19.84-•-.4,. 05 IN6. -'$ .15 fti Taxpayers are invited to be present-and.will have a right to be heard thereon and that thereafter proof of publication of notice of such public hearing and a certified copy of Ordinance No. 7.2-11$4, if passed, will be submitted to the State Board of Tax Commissioners oi'the State of Indiana, as provided by law. /a/ Howard J. Elstro President of Common -Council City of Richmond, Indiana. ATTEST: Mary Merchantbouse City Clerk Delivered by ` - Received by,ti Date Received PUBLISH DATES: June 29, 1984 /Y1ea F July 6, 1984 Inv.# 082384-1 City Clerk -City of Richmond (Governmental Unit) ............................ .1't AY.Xkq........ County, Indiana Wavy 1Mu M. a IP (a... MO) •,„Palladium Publiahing Copo rration Dr. ................... 117.i North A Street - ......8ichrPPAcL. in4iPPA $737#...... . PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than tour solid lines of the type In which the body of the advertisement Is set) number of equivalent Ilan Head —number of lines Body —number of lines Tail —number of lines Total number of lima in notice COMPUTATION OF CHARG&S ...... 52....—lines, one......... columns wide evais ......5z..... axivalcm lines at... r.3 2.. . •cents per line Additional charge for notices containing rule or tabular work (so Der cent of above amount) Charge for extra proofs of publication (50 cents for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions . 2.... Size of type g point Size of quad upon which type is cast ...... . . Pursuant to the provisions and penalties of Ch. I%,.Aeta 1953, 1 hrrehy certify that the foregoing account is just and correct, that the amount claim is legally due, r allowhtg all just credits, and that no'part of the same has been.paid Aug. 31, 84 ashier Date; ..................................... 19..,...., Title.............. e................. ......:........ PUBLISHER'S AFFIDAVIT State of Indiana ) as .......Wayne .......County) Personally appeared before me, a notary public in and for said county and'state, the undersigned........... Ronald D . Rrk..................................who, Cashier being duly sworn, says that ... he is. • . • . • ... . • ... • ........ . of the...... Palladium -Item.......... ................ a ...... Daft .............. newspaper of general circulation printed and published to the English language in the (city) of........... Richmond= Indian•„ ..., ..............:...in state and county aforesaid, and that the printed matter attached hereto Is a true copy, which was duly published in said paper tor, t .time. a, the dates of publication being as follows: ........... .'e4.. ..... )tit dal 9u ...... 19.8 Subscribed and sworn to before ..lo of. 'Vi '{y C: xoeaq PebBc Co�eoao Mycommission ......... EXCERPTS OF THE MEETING OF THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA The Common Council of the City of Richmond, Indiana, met in regular session in the Council Chambers in the Municipal Building of said City July 16, 1984 at the hour of 7:30 P.M., ' Councilman Elstro resided with the following members present: Messrs. Williams , Brookbank , Hankinson Parker Bodiker , Lemo ne orr s Absent: Whitesell , y The following business was had, to -wit: (OTHER BUSINESS HAD) The Clerk presented proof of publication of Notice to Taxpayers printed in the Richmond Palladium Item, a newspaper of general circulation in the City of Richmond, Indiana, on the dates of June 29 and July 6, 1984 Said notices stated that a public hearing would be held on the day of July , by the Common Council to consider (iv tax levy as provided for in Ordinance No. 72-1984 , within the City of Richmond, Indiana. The proof of publication and posting of notices were examined and found to be correct and in order. Councilman Hankinson moved the proof of publication and posting of notices be received and ordered filed, seconded by Councilman Parker and an voice vote the motion was carried. The Clerk read on second reading Ordinance No. 72-1984 President Elstro announced Ordinance No. 72-1984 was on public hearing. After hearing all persons present, Ordinance No. 72-1984 was placed on finall passage or rejection and on a call of the roll the following was recorded: Ayes: Williams , Brookbank , Bodiker , Lemoine , Mor iR a , Elstro Noes: Hankinson , Parker Absent: Whitesell The vote being 6 to 2 in favor of passage of Ordinance No, -1984 (OTHER BUSINESS HAD) There being no further business on motion duly made, seconded and passed, the meeting was adjourned. /a/ Howard J. Elstro President of Common Council ATTEST: Mary Merchanthouse City Clerk COMMON COUNCIL VOTING RECORD . jORDINANCE • 7o2 - I ilATE:.„7 �G��7 , WILLIAMS OOKBAN( hANcINSON YHITESELL PARKER SMIKER LEIOINE MOrMIS ELSTRO Susp: rules,,lst read. I...P •on1y............ 1Seconded .... I ... I..... .... .. ......... ...... ...... ...... ...... ....... v ;Proof of Publication ................... Seconded ......... ......... .............................. ...................... i.read ...........11 ...... ...... ...... ...., ...... ...... ................. ...... ....... (Seconded ,Engrossment ................................ ✓ ......... ......... ............................. ......... corded .......... ......... ,3usp. rules, 3rd read. t`!Title only .............. ...... ...... ...... Seconded ...... ...... ... ...... ....... ..... i�ENDEO ► .... ............... ... ... Seconded ....... .... ...... .... ...... .... ...... .......... .... ........................... (TABLED i ............................................................................................................... {Seconded kASSACE I ..............OR........... ....... ...............A.......�.............�...... �.. ; ...... ... ;tiEJECTION LE50.UTI0N• �HAN(IINSON I WILLIAMS kBW WHITESELL PARKER BODI<ER L-!d]INE ++OFR;S � =LSTSO ;ATE7 uspend Rules k 11 �Tltle only :........................ aecondad I ......... ......... ......... ......... ......... ......... .........`.,....,.. I ........ ,TABLED �........ �....................... Seconded ....... ....... ... ....... ............... Adoption IlMovedfpr ,Seconded................. 1 ....... ....... ....... ...... I ....... i .... ........�......... 1 ....... WHEREAS, there has been filed with the State Board of Tax Cmimis- sicners of the State of Indiana a certified copy of the resolution adopted by the proper legal officers of the City of Richmond, Wayne County, State of Indiana, establishing a cumulative capital development fund, together with proofs of publication of notice thereof, all under and pursuant to the provisions of the laws of the State of Indiana. Now, therefore, the proper legal officers of the City of Richmond, Wayne County, State of Indiana, are hereby requested by the State Board of Tax Ctn nissioners to publish the following notice. PUBLISH THE FOLLOWING ONLY To the taxpayers of the City of Richmond, Wayne County, State of You are hereby notified that on the -16th day of July, 1-984, the Common Council of the City of Richmond, Wayne County, State of Indiana, pursuant to notice heretofore given, and under and by virtue of I.C. 36-9-15.5, duly adopted a plan whereby a cumulative capital development fund was established to provide for the following: FOR ALL PURPOSES PF JIM FOR IN I.C. 8-16-3; I.C. 36-8-14; I.C. 8-22-3-25; I.C. 36-9-48; I.C. 36-9-16-2; I.C. 36-9-16-3 & I.C. 36-9-16-5; I.C. 36-9-16-3; I.C. 36-10-3-21; I.C. 36-8-17 The fund will be provided for by a tax levy on all taxable Taal and personal property in the taxing unit for a period of three (3) years. The tax rate on each one hundred dollars ($100.00) of taxable property will be $.05-for 1984 taxes payable in 1985, $.10- for -1985 taxes payable iiri986, and $.15 for 1936Qtaxes payable in 1987, d�:�, Fifty (50) or more taxpayers in the taxing unit who will be affected by the tax levy, may file a petition with the County Auditor of Wayne County, not later than thirty (30) days after the publication of this notice, setting forth their objections to the proposed levy. Upon filing of the petition, the County Auditor shall immediately certify the same to the State Board of Tax Commissioners, which Board will fix a date and conduct a public hearing on the proposed levy before issuing its approval or disapproval thereof. /s/ Howard J. Blstro President of Common Council ATTEST: Mary Merchanthouse City Clerk (Show Names and Titles of Proper Legal Officers) Date; August 9, 1984 PUBLISH DATES: AUGUST 16, 1984 AUGUST 23, 1984 i STATE OF INDIANA STATE BOARD OF TAX 03WSSIONERS 201 State Office Building Indianapolis 46204 FIUM: STATE BOAR)C1F TAX CC MYSSIObiEE+S RE: fstabli.shm nt of Cumulative Funds Your transcript for the establishment of a cumulative fund has been found to be within the prescribed limits of the law. we are enclosing a secondnotice to be published by the taxing unit one time in the same.manner that the notice of the initial hear^ ing on the proposal and the cumulative fund was published. Before. final action on your proposed plan, it will be necessary for you to submit proofs of publication of the second notice. Also, you must furnish a certificate from the County Auditor that no re- monstrance was filed within the applicable period. Enclosure _.r STATE OF INDIANA STATE BOARD OF TAX COMESSIONERS ORDER NO. 4609 A transcript of proceedings having been filed by the proper offi- cers of the City of Richmond, Wayne County, State of Indiana, in the matter of establishment of a Cumulative Capital Development FAr4 and tax levy, and such transcript and all of the facts having been carefully considered, this Board now rescinds any levy previously established for this purpose and apProves the creation of such fund and the levying of a tax in the following amounts on each one hundred dollars ($100.00) of table personal and real property within said taxing district, subject to existing maximm levy limits pursuant to I.C. 6-1.1-18.5: Year Rate 1984 payable 1985 $.05 1985 payable 1986 .10 1986 payable 1987 .15 All according to ordinance or resolution of the Common Council of the City of Richmond, Wayne County, State of Indiana, dated July 16, 1984. The proper officials are hereby authorized and directed to take. the necessary steps to accomplish the purposes of the law under which said cunulative fund and tax levy were established. Dated this 9th day of October, 1984. rrs STATE OF INDIANA STATE BOARD OF TAX CObMISSIONERS I, Robert M. Bond, Secretary of the State Board of Tax Cammission- ers, do hereby certify that the above and foregoing is a full, true and complete copy of the order as made by this Board in the above entitled matter on this the 9th day of October, 1984. WITNESS W HAND AND SEAL of this Board on this the 9th day of October, 1984. i coal cumulative Inv.# 970684-1 P-10 rre..rtwa as VA% seas of MM ft a.saw ymn it. is r (a.v. ma) CitX Clerk-CttX of Richmond To Palladium Publishing Car�oratioa (Governmental l7eit) I175 North A Street ................... .......... WAjM- 4C........cotmty, Indiana ......4ichrPPAd.. IW, $Wf..:... , PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid line of the type in which the body of the advertisement is set) number of equivalent limes ................ Head —number of lines ....... X.. 2... 86 Body—number'of lines ................ Tail —number of lines ............•..... Total number of lines in notice ......... 9..... COMPUTATION OF CHARGES 90 one 90 ...............hoes, ...............columns wide equals ............... equivalent lines at , 324 ..cep oer line Additional chute for notices containing rule or tabelar work . (50 off cent of above amowd) ................ Charge for extra proofs of publication (30 cents for each proof in excess of two) ................ ,TOTAL AMOUNT OF CLAIM; ZQ .16 DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions .. z.... Size of type g point Size of quad upon which type is cast ........ Pursuant to the provisions. and penalties of Ch. J53, Aeta 1953, I h�rehy certify that the foregoing account is just and correct, that the amount claimed is legally dice, after allowing all just credits, and that no part of the same has been paid. Date: ..................Ju4Y.. Title...... ashler ........ ......... ...... ............... PUBLISHER'S AFFIDAVIT state. of Indiana ) ....... Wayne .......County) Personally appeared before me, a notary public in and for said county and'state, the underslgoW........ Ronald .D.. ..Erk......who. ......................................... Cashier being duly sworn, says that ...be is. ........................ of the...... Palladium -Item .......................... a ...... Dailyj:.............. newspaper of general circulation printed sod published in the English language in the (city) of........... Richmond, Indiana,,,..__..,,,,,,,,,,,,,,,,,,in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly, published in said paper for.. tntlme.. 9 the dates of publication being as follows: ,,,,,June, 29„&, 4u1X, 6,,,1984, ,^,,..... Subscribed and sworn to bet re me this. 16 .. . . . ..... ar a ���Notary Publk ompson My commission exptres January 16R .........