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HomeMy WebLinkAboutAuthorizing the City Controller and the City's Legal Counsel to act on behalf of the City on all appeals regarding the budget and tax levy ordinanceRESOLUTION No. 442 -74 Passed by the Common Council of the City of South Bend, Indiana, SEPTEMBER 9, 1974 Attest: City Clerk Attest: V President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana SEPTEMBER 10, 19 74 /,--- )Z'-�v City Clerk Approved and signed by me 19�. RESOLUTION NO. A[ 4 a- A RESOLUTION AUTHORIZING THE CITY CONTROLLER AND THE CITY'S LEGAL COUNSEL TO ACT ON BEHALF OF THE CITY ON ALL APPEALS REGARDING THE BUDGET AND TAX LEVY ORDINANCE. WHEREAS, the Common Council of the City of South Bend, St. Joseph County, Indiana did, on the 26th day of August, 1974, after a public hearing was had and held, pass a budget ordinance and a tax levy ordinance; and WHEREAS, the appropriations set forth in the budget ordinance and the tax levy ordinance were enacted for the purpose of raising revenue to meet the necessary expenses of the City Government, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 1975; and WHEREAS, the laws of the State of Indiana have imposed a frozen tax rate of $5.00 for the City of South Bend; and WHEREAS, the laws of this State allow for exceptions to that frozen rate; and WHEREAS, the Common Council of the City of South Bend adopted a budget and tax levy ordinance with a tax rate of $5.10 in good faith reliance on said exceptions; and WHEREAS, said budget and budget ordinance and tax levy and tax levy ordinance are subject to the scrutiny of the Auditor of St. Joseph County, Indiana, the St. Joseph County, Indiana Board of Tax Adjustment, and the State Board of Tax Commissioners of the State of Indiana, and that any of such constituted authorities, under the powers granted them by statute, could revise, change or reduce such budget, levy and rate as fixed by the Common Council; and WHEREAS, any such revisions, changes or reductions in said budget, levy and rate, could affect the ability of the City Govern- ment to carry out its proper governmental functions and responsibili- ties committed to it by law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that in the event the St. Joseph County, Indiana Auditor, the St. Joseph County, Indiana Board of Tax Adjustment, or The State Board of Tax Commissioners of the State of Indiana, shall, in any manner, revise, change or reduce such budget, levy or rate, as fixed by the Common Council of the City of South Bend, and by so doing, affect the ability of the City Government to carry out their proper governmental functions, the City Controller, in conjunction with the City's Legal Counsel, or other proper officer of the City, are hereby authorized, on behalf of the City, to institute, process and carry to conclusion all available appeals from any and all of such authorities to the proper appeal authority or authorities, as the case may be, and said City Controller and Legal Counsel are further authorized to file any necessary appeal(s) for relief from the decisions of any such governmental bodies to The State of Indiana Board of Tax Commissioners and the Local Government Tax Control Board of the State of Indiana, and further to file any necessary appeal(s) regarding the frozen tax rate. r M E NO 1 !Mpla W, A , My'li m-'W"I Member of th§( Adopted September 9, 1974 as amended. iii RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY CONTROLLER AND THE CITY'S LEGAL COUNSEL TO ACT ON BEHALF OF THE CITY ON ALL APPEALS REGARDING THE BUDGET AND TAX LEVY ORDINANCE. WHEREAS, the Common Council of the City of South Bend, St. Joseph County, Indiana did, on the 26th day of August, 1974, after a public hearing was had and held, pass a budget ordinance and a tax levy ordinance; and WHEREAS, the appropriations set forth in the budget ordinance and the tax levy ordinance were enacted for the purpose of raising revenue to meet the necessary expenses of the City Government, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 1975; and WHEREAS, said budget and budget ordinance and tax levy and tax levy ordinance are subject to the scrutiny of the Auditor of St. Joseph County, Indiana, the St. Joseph County, Indiana Board of Tax Adjustment, and The State Board of Tax Commissioners of the State of Indiana, and that any of such constituted authorities, under the powers granted them by statute, could revise, change or reduce such budget, levy and rate as fixed by the Common Council; and WHEREAS, any such revisions, changes or reductions in said budget, levy and rate, could affect the ability of the City Govern- ment to carry out its proper governmental functions and responsibili- ties committed to it by law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that in the event the St. Joseph County, Indiana Auditor, the St. Joseph County, Indiana Board of Tax Adjust- ment, or The State Board of Tax Commissioners of the State of Indiana, shall, in any manner, revise, change or reduce such budget, levy or rate, as fixed by the Common Council of the City of South Bend, and by so doing, affect the ability of the City Government to carry out their proper governmental functions, the City Controller, in conjunction with the City's Legal Counsel, or other proper officer of the City, are hereby authorized, on behalf of the City, to institute, process and carry to conclusion all available appeals from any and all of such authorities to the proper appeal authority or authorities, as the case may be, and said City Controller and Legal Counsel are further authorized to file any necessary appeal(s) for relief from the decisions of any such governmental bodies to The State of Indiana Board of Tax Commissioners and the Local Govern- ment Tax Control Board of the State of Indiana. PRESENTED -1 V NOT APPROVED ADOPTED FILEO IN CLERK'S OFFICE SEP 4 1974 Irene Gammon CITY CuRK, SOUTH BEND, INO.