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
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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.