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HomeMy Public PortalAbout021-1987-ORDINANCE CREATING A CUMMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITYAN ORDINANCE CREATING A CUMULATIVE CAPITAL DEVELOPMENT FUND FOR THE CITY OF RICHMOND, INDIANA. WHEREAS, P.L. 44-1984 allows municipalities to establish a municipal 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; and WHEREAS, Ordinance No. 72-1984 originally created a Cumulative Capital Development Fund for the City of Richmond; and WHEREAS, the City of Richmond, Indiana desires to continue said Cumulative Capital Development Fund; 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. .15 per $100 Assessed Valuation for 1988 and thereafter. 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, renovationor addition to buildings used by the fire department and for the purchase or rental with option to purchase 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 Richmond; I.C. 36-9-48 The acquisition of buses and the planning, establishment and maintenance of routes and schelules; I.C. 36-9-16-2 The purchase, construction, equipping 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 egress to land acquired for the construction of a municipal building; I.C. 36-9-16-3 and 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 ways or sidewalks; I.C. 36-9-16-3 The purchase or lease of land, buildings or heights -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 wigh the necessary equipment, laders 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 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. 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, this ,62j� day of , 1981. V P sident of Common Council ATTEST:(d%O�rL City Cl rk PRESENTED by me to the Mayor of the City of Richmond, Indiana this-L—Wday of 19&7. City Cldrk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this Ldday of 198,7, Mayor ATTEST: 2X4&e City dlerk (4A) ADDITIONAL APPROPRIATION AND TRANSCRIPT OF PROCEEDINGS CERTIFICATE I, the undersigned City Clerk of the City of Richmond, Wayne County, Indiana, hereby certify to the Auditor of Wayne County that the attached is a complete transcript of the proceedings had with respect to an additional tax levy adopted by the Common Council of the City of Richmond, Wayne County, Indiana at a meeting held on June 1, 1987. Mary Merc ntho se City Clerk 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 on June 1, 1987, at the hour of 7:30 P.M. Councilmember Brookbank presided with the following members present: Councilmembers: Elstro, Williams, Hankinson,Whitesell, Parker, Hutton, Morris and Theobald. Absent: None 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 May 8th and May 15th, 1987. Said notice stated that a public hearing would be held on thelst day of June, 1987, by the Common Council to consider a Cumulative Capital Development Fund as provided for in Ordinance No. 21-1987, within the City of Richmond, Indiana. The Proof of Publication was examined and found to be in order. Councilmember Whitesell moved the Proof of Publication be received and filed, seconded by Councilmember Hutton and on unanimous voice vote the motion was carried. The Clerk read on second reading Ordinance No. 21-1987. President Brookbank announced Ordinance No. 21-1987 was on public hearing. After hearing all persons present, Ordinance No. 21-1987 was placed on final passage or rejection and on a call of the roll the following was recorded: Ayes: Elstro, Williams, Hankinson, Whitesell, Parker, Hutton, Morris, Theobald and Brookbank Nays: None The vote being 9 to 0 in favor of the passage of Ordinance No. 21-1987. (OTHER BUSINESS HAD) There being no further business, on a motion duly made, seconded and passed the meeting was adjourned. /st Jane R. Brookbank President of Common Council ATTEST: Mary Merchanthouse City Clerk SECOND NOTICE WHEREAS, there has been filed with the State Board of Tax Commis- sioners 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 Commissioners to publish the following notice. PUBLISH THE FOLLOWING ONLY To the taxpayers of the City of Richmond, Wayne County, State of Indiana. You are hereby notified that on the 1st day of June, 1987, 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: I.C. 8-16-3 THE CONSTRUCTION, MAINTE[MCE AND REPAIR OF BRIDGES, APPROACHES AND GRADE SECTIONS; I.C. 36-8-14 THE PURCHASE, CONSTRUCTION, RENOVATIONOR ADDITION TO BUILDING USED BY THE FIRE DEPARTMENT AND FOR THE PUR- CHASE OR RENTAL WITH OPTION TO PURCHASE 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 EQUIP- PING OF BUILDING STRUCTURES, RUNWAYS OR OTHER FACIL- ITIES FOR USE IN CONNECTION WITH THE AIRPORT OPERATED BY THE CITY OF RICHMOND; I.C. 36-9-48 THE ACQUISITION OF BUSES AND THE PLANNING, ESTABLISH- MENT AND MAINTENANCE OF ROUTES AND SCHELULES; I.C. 36-9-16-2 THE PURCHASE, CONSTRUCTION, EQUIPPING AND MAINTENANCE OF BUILDINGS FOR MUNICIPAL PURPOSES, INCLUDING THE AC- QUISITION OF LAND AND IMPROVEMENTS THEREON, THE DEMO- LITION 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 EGRESS TO LAND ACQUIRED FOR THE CONSTRUCTION OF A MUNICIPAL BUILDING; I.C. 36-9-16-3 AND T.C. 36-9-16-5 THE ACQUISITION OF LAND OR RIGHTS -OF -WAY TO E USED FOR PUBLIC WAYS OR SIDEWALKS AND THE CONSTRUCTION AND MAIN- TENANCE OF PUBLIC WAYS OR SIDEWALKS; I.C. 36-9-16-3 THE PURCHASE OR LEASE OF LAND, BUILDINGS OR UIGHTS-OF- WAY FOR THE USE OF ANY UTILITY ACQUIRED OR OPERATED BY THE CITY OF RICHMOND. THE PURCHASE OR LEASE OF MOTOR SECOND NOTICE — Continuation City of'Ri_clumnd, Wayne County VEHICLES FOR THE USE OF THE POLICE OR FIRE DEPARTMENT, INCLUDING AMBULANCES AND FIREFIGHTING VEHICLES WIGi THE NECESSARY EQUIPMENT, LADERS AND HOSES. THE PUR- CHASE OR LEASE OF EQUIPMENT NEEDED BY THE CITY OF RICH- MOND 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, RE DDELING AND REPAIR OF PARK AND RECREA- TION FACILITIES; I.C. 36-8-17 THE CONSTRUCTION, REPAIR OR IMPROVEMENT OF STREETS, ALLEYS, SIDMALKS , CURBS AND G(L=ER.S . The fund will be provided for by a tax levy on all taxable real and personal property in the taxing unit for a period of three (3) years. The tax rate on each one hundred dollars ($100.00) of taxable property will be fifteen cents C$.15) for 1987 taxes payable in 1988, fifteen cents ($.15) for 1988 taxes payable in 1989, and fifteen cents ($.15) for 1989 taxes payable in 1990. 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 no- tice, 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 con- duct a public hearing on the proposed levy before issuing its approval or disapproval thereof. (Show Names and Titles of Proper Legal Officers) STATE BOARD OF TAX COMMISSIONERS Date: July 20, 1987 ft 02� L Robert M. Bond, Secretary NOTICE TO TAXPAYERS[ THE CITY OF RICHMOND, INDIANA[ To the taxpayers of the City of Richmond, Wayne County, State of Indiana.[ You are hereby notified that on the 1st day of June, 1987, 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. 36-9-1.5-5, duly adopted a plan whereby a cumulative capital development fund was established to provide for the following:( 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 PURCHASE 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 RICHMOND;[ 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, EQUIPPING 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 EGRESS TO LAND ACQUIRED FOR THE CONSTRUCTION OF A MUNICIPAL BUILDING;[ I.C. 36-9-16-3 AND[ I.C. 36-9-16-5 THE ACQUISITION OF LAND OR RIGHTS-OF-WAYTO BE USED FOR PUBLIC WAYS OR SIDEWALKS AND THE CONSTRUCTION AND MAINTENANCE OF PUBLIC WAYS OR SIDEWALKS;[ I.C. 36-9-16-3 THE PURCHASE OR 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;[ 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 IMPROVEMENTS OF STREETS, ALLEYS, SIDEWALKS, CURBS AND GUTTERS.[ The fund will be provided for by a tax levy on all taxable real and personal property in the taxing unit for a period of three (3) years. The tax rate on each one hundred dollars ($100.00) of taxable property will be fifteen cents ($.15) for 1987 taxes payable in 1988, fifteen cents ($.15) for 1988 taxes payable in 1989, and fifteen cents ($.15) for 1989 taxes payable in 1990.[ 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/ Jane R. Brookbank[ President Richmond Common Council[ ATTEST: Mary Merchanthouse[ City Clerk[ /s/ Robert M. Bond, Secretary[ State Board of Tax Commissioners[ Publish Dates: July 29, 1987[ STATE OF INDIANA STATE BOARD OF TAX COMISSIONERS 201 State Office Building Indianapolis 46204 FROM: STATE BOARD OF TAX COMISSIONERS RE: Establishment 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 second notice 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 NOTICE TO TAXPAYERS OF[ THE CITY OF RICHMOND, INDIANA[ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday June 1, 1987 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on ORDINANCE NO. 21-1987-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 Capital Developmend Fund shall be used for any or all of the following purposes permitted by law:[ I.C. 8-16-3 The construction, maintenance and repair of bridges, approaches and grade sections;[ I.C. 36-8-14 The purchase, construction, renovationor addition to buildings used by the fire department and for the purchase or rental with option to purchase 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, impro remodeling, repairing or equipping of buildings structures, runways or other facilities for use in connection with the airport operated by the City of Richmond;[ I.C. 36-9-48 The acquisition of buses and the planning, establishment and maintenance of routes and schelules;[ I.C. 36-9-16-2 The purchase, construction, equipping and maintenance of building; 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 egress to land acquired for the construction of a municipal building;[ I.C. 36-9-16-3 and I.C. 36-9-16-5The acquisition of land or rights -of -way to a used for public ways or sidewalks and the construction and maintenance of public ways or sidewalks;[ I.C. 36-9-16-3 The purchase or lease of land, buildings or uights-of-way for the use of 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 wigh the necessary equipment, laders 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.[ 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 Cumulative Capital Development Fund, said tax to be levied in 1988, payable in 1989, and payable annually thereafter at the following rates per One Hundred Dollars ($100.00) on all taxable personal and real property in Richmond, Indiana:[ 1988 - $.15[ 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. 21- 1987, if passed, will be submitted to the State Board of Tax Commissioners of the State of Indiana, as provided by law.[ /s/ Jane Brookbank[ President of Common Council[ City of Richmond, Indiana[ ATTEST: Mary Merchanthouse[ City Clerk[ Publish: May 8 and May 15, 1987[ Inv.4 051587--5 Form Prescribed by State Board of Accounts General Form No- 99 P (Rev. 1967: City Clerk -City of Richmond Palladium Publishin Cor or ti _...............................:... To ................... .............................9......I....a. on.......... Dr. (Governmental Unit) 1175 North A Street ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Wayne,,......,.... County, Indiana ,,,,,,,,,,,,,,,Richnlondt Indiana 47374 .. PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines . Head — number of lines .............3 .... • • • • • Body — number of lines ....... 1112 ......... Tail — number of lines 55........... Total number of lines in notice .......... 1�Q .............. COMPUTATION OF CHARGES ....1.2.0..... lines, ......Q e...... columns wide equals ........1.20.... equivalent lines at .... _ M.`1Pp. ..... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication ($2.00 for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 8 ems Number of insertions .......... Size of type 6 point Size of quad upon which type is cast ..... $ ...... 3.4. 5.6...... ........................ c 34.56 Pursuant to the procisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally due, a r allowing all just credits, and that no part of the same has been paid. 14 Date: ............................N..'�y...20.i. , 19 .87 Title _...Ci30i Br...................... ........................ PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, Ronald D. Erk Cashier the undersigned ................._............. who, being duly sworn, says that he is ......_........ of the Palladium -Item a daily newspaper of general circulation printed and 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..tw p.time....., the dates of publication being as follows: ........................................... May 8 & May 15, 1987 _........................................................ . ..................... _.._......................._...._........ - ....... ..I..... Subscribed a d sworn to before m his ... 2.0th........ day of ........�ay.......... 19..8.7 � iriia %. o eItlaIi Notary Public My commission exires �T3Iliid57...�4! 1991 Form B36-5M D15POSITION OF ORDINANCE N . -21 -1 RE L TI N N -198 by Common Council Ordinance No..21 Resolution No. _ Elstro William Hankinsn Whitesell Parker Hutton Morris Theobald Brookbank Date SusP. rules Ist read J Title only Cvxa�sc - --- ------ ------ -------- ------- Seconded ZL -LC ✓ ------ ------ ------- ------------ Proof of Publicaton CLCi'Ll!lJ4Q-N/- ---- ------ ------ Seconded G -------- -- ----- ------ Move to 2nd read ------ Seconded ------ ------ -------- -------------- ------------------ Engrossment i// - - Seconded .c A& ----- ---- -------- -------- ---------------------------------------- v Susp rules 3rd read C�tJtQatl�ruaLL¢- - Seconded Lee tc ------ ------ -------- -------- ----- ------- ------ ------------------ Passage Rejection Date Passed (a -/ - 8 % COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: /s p AMENDMENTS: COMMENTS: