HomeMy WebLinkAbout9594-05 Amend Chapter 2, Article 14, New Section 2-170.8 Creating Property Tax Levy Excess FundORDINANCE No. s
Passed by the Common Council of the Ciry of South Bend, Indiana
May 23,
Attest:
Attest: _
20 05
Presented by me to the Mayor of the Ciry of South Bend, Indiana
May 24,
JOHN
2005
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me May 2 4 , 20 0 5
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ORDINANCE NO. ~ s ~ y ~ ~-~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND
MUNICIPAL CODE TO ADD A NEW SECTION 2-170.8 CREATING A PROPERTY
TAX LEVY EXCESS FUND
STATEMENT OF PURPOSE AND INTENT
Chapter 2, Article 14 of the South Bend Municipal Code provides for various special funds
within the budget for the City of South Bend. It has become necessary to establish a new fund to be
known as the Levy Excess Fund as provided for and authorized by Indiana Code § 6-1.1-18.5-17.
This fund shall be the repository for taxes collected in any calendar year that exceed the ad valorem
property tax levy as approved by the department of local government finance under Indiana Code
§ 6-1.1-17.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA that Chapter 2, Article 14, be amended to add a new Section 2-170.8
of the South Bend Municipal Code as follows:
Section I. Chapter 2, Article 14 of the South Bend Municipal Code shall be amended to
include a new Section 2-170.8 titled Levy Excess Fund which shall read as follows:
Section 2-170.8 Levy Excess Fund
(a) The Levy Excess Fund is established within the City of South
Bend pursuant to IC 6-1.1-18.5-17.
(b) All taxes actually collected for taxes due and payable during a
particular calendar year that exceed the City of South Bend's ad
valorem property tax levy as approved by the department of local
government finance under IC 6-1.1-17 shall be deposited into this
Levy Excess Fund.
(c) The funds deposited into the City's Levy Excess Fund shall be
spent and transferred in strict conformity with the requirements and
limitations prescribed by Indiana law under IC 6-1.1-18.5-7 and any
amendments to that law.
(d) Subject to any limitations imposed by state law in IC 6-1.1-18.5-7,
the City may use money in this Levy Excess Fund for any lawful
purpose for which money in any of its other funds may be used.
(e) If the amount of money that qualifies for deposit in this Levy
Excess Fund for a particular calendar year is less than one hundred
dollars ($100.00), then no money shall be deposited in this Levy
Excess Fund for that year.
Section II. The new Levy Excess Fund created by this Ordinance shall be identified as Fund
No. 103.
Section III. This Ordinance shall be in full force and effect from and after the time it has
been adopted by the Common Council and approval by the Mayor.
Member, South Bend Co mon Council
Attes .
ity C rk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 , at o'clock . m.
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Approved and signed by me on the ~ -~ day of , 2 06$~, at ~'J ° o'clock
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Mayor, City o outh Bend, Indiana
1st READING S~ ~~~~
PUBLIC HEARING S-~'3"~s
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NOT APPRO'JED
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
29-05 A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA AMENDING CHAPTER 2,
ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE
TO ADD A NEW SECTION 2-170.8 CREATING A
PROPERTY TAX LEVY EXCESS FUND
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman
140U COUNTY-CITY BUILDING
227 ~ JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9241
FAx 574/235-9892
TDD 574/ 235-5567
CITY OF SOU'T'H BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF I.AW
CHARLES S. LEONE
CITYATroRNEY May 4, 2005
Ms. Charlotte Pfeifer
President, South Bend Common Council
4`'' Floor, County-City Building
South Bend, IN 46601
ALADEAN M. DERosE
CHIEF ASSISTANT CITYATTORNEY
Re: Ordinance to Create a Property Tax Levy Excess Fund (#103)
Dear Ms. Pfeifer:
The City Controller has recently been informed that the City of South Bend received funds
in excess of its ad valorem property tax levy in 2004. Under these circumstances, Indiana law
prescribes that the excess monies be deposited into a special Levy Excess Fund. Because the City
of South Bend does not have such a fund within its accounts, the attached Ordinance creates the
requisite fund.
City Controller, M. Catherine Fanello, will present this Ordinance to the Common Council
at its appropriate committee meeting and at the public hearing portion of the regular Council
meeting.
Thank you for your consideration.
Sincerely,
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH
JEFFREY M. JANKOWSKI JOHN R. LMNGSTON JEFFREY L. SANFORD JOHN E. BRODEN