ORDINANCE 2008-05
AN ORDINANCE ADDING Section 1.06.250 "Employee Cellular Telephone Policy" TO THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANA
WHEREAS, the Internal Revenue Service recently announced concerning the taxation and use of cellular telephones by employees of government entities; and,
WHEREAS, the Town issues and pays for cellular telephones issued to certain employees of the Town.
NOW THEREFORE, be it ordained by the Town Council of the Town of Santa Claus, Indiana, that chapter 1.06 of the Municipal Code shall be amended to add the following Section 1.06.250:
"Section 1.06.250. Employee Cellular Telephone Policy.
(1) Employees shall attempt to minimize their use of Town issued cellular telephone for personal use, and shall maintain records of all personal use of such telephone.
(2) Each billing cycle, the Clerk-Treasurer shall provide a copy of itemized charges to each employee who is issued a cellular telephone at each billing cycle, and each employee shall highlight or otherwise designate and certify each telephone call, text message, SMS/MMS, IM charge, online or other downloading or other charge which was made or received by the employee or other person using such telephone as being for either "personal" use or "business" use and reason for any and all such business use, and shall return such copy, certification and supporting evidence of the business calls to the Clerk-Treasurer within five (5) days thereafter.
(3) The Clerk-Treasurer shall notify each employee for the cost of any and all personal calls and other charges, along with the pro rata share of the monthly charge for such telephone, which shall be computed as "A/B time C", where "A" is the number of personal minutes used on such telephone during the business cycle, "B" is the total number of minutes used on such telephone during the business cycle, and "C" is the total service charge for such telephone during the business cycle, which charge shall be payable within ten(10) days following such notification.
(4) An employee's failure to designate personal charges, or to certify that no charges are personal, or the employee's failure to maintain records of the personal and/or business use of the cellular telephone shall cause any and all charges for the telephone and its usage during such cycle to be reimbursable to the Town by the employee on the date ten (10) days following the deadline for submission of such documents to the Clerk-Treasurer.
(5) An employee's failure to reimburse the Town for personal use or imputed personal use of such cellular telephone in accordance with this Section, whether during or following termination of employment, shall cause all of such amounts to be included in the employee's taxable income and reported as such to the Internal Revenue Service and all other taxing authorities.
(6) The Clerk--Treasurer shall conduct audits in the Clerk-Treasurer's discretion to confirm the accuracy of reports and certifications of employees concerning the personal use of cellular telephones and correct discrepancies in such reporting.
PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 13th day of October, 2008.
SANTA CLAUS TOWN COUNCIL
Ronald Smith, President
Kevin Burke
Dennis Della Morta
Elmer Dilger
Michael Johannes
ATTEST:
Kim Christensen, Clerk-Treasurer
ORDINANCE 2008-06
AN ORDINANCE AMENDING SECTION 10.16.120 OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDINA CONCERNING SUMMER WATER USAGE
WHEREAS, the Town Council has determined that the Summer Usage Average used to calculate summer wastewater charges should be extended to cover the month of June; and,
WHEREAS, application of such calculation will have negligible effect upon revenues and revenues remain adequate to produce sufficient revenues for the purposes required by I.C. 1.5-3-8.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Santa Claus, Indiana, that:
Section 10.16.120 is hereby amended by deleting such Section in its entirety and replacing such Section with the following Section 10.16.120:
"10.16.120 Summer Usage Average on Sewer Rates.
For residential customers whose sewer usage is determined by the metered water usage of such customer, for the use of and service rendered by the sewage works for each of the months of June, July and August there shall be charged the lesser of: 1. An average of such customer's metered usage for the nine (9) month period consisting of the months of January, February, March, April, May, September, October, November and December first receding the month for which such usage is being determined, plus an additional one thousand (1,000) gallons or, 2. The customer's actual usage otherwise determined under this Chapter."
PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 13th day of October, 2008.
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SANTA CLAUS TOWN COUNCIL
Ronald Smith, President
Kevin Burke
Dennis Della Morta
Elmer Dilger
Michael Johannes
ATTEST:
Kim Christensen, Clerk-Treasurer
ORDINANCE 2008-07
AN ORDINANCE VACATING EVANS STREET IN THE TOWN OF SANTA CLAUS, INDIANA
WHEREAS, on August 11, 2008, the Gunn Family Limited Partnership filed its Petition requesting the vacation of Evans Street in the Town of Santa Claus, Indiana; and
WHEREAS, the Santa Claus Town Council conducted a public hearing on said Petition on September 8, 2008, at 5:30 p.m., following due notice according to law; and,
WHEREAS, Evans Street is parcel reserved for a public way on the recorded plat of Woolen's Addition to the Santa Fe, which never has been used as improved streets, and is a part of a farm field; and,
WHEREAS, the Town of Santa Claus previously has placed and may in the future require the use of such Street for the installation and maintenance of public utilities owned and operated by the Town.
NOW, THEREFORE BE IT ORDAINED, by the Town Council of the Town of Santa Claus, Indiana that:
1. Findings by Council. Based upon the fact that Evans Street is not improved, and the Street, as platted, is insufficient for improvement as streets and roadways in accordance with the Town's Subdivision Ordinance, the Town Council finds that: a. The vacation of the Street would not hinder the growth or orderly development of the Town of neighborhood in which the Street is contiguous; b. The vacation of the Street would not make access to the lands of any person by means of a public way difficult or inconvenient; c. The vacation of the Street would not hinder the public's access to a church, school, or other public building or place; and d. The vacation of the Street would not hinder the uses of a public way by the neighborhood in which it is located or to which it is contiguous.
2. Vacation of Street. The Town Council of the Town of Santa Claus hereby vacates Evans Street in Woolen's Addition to Santa Fee, as depicted on the plat recorded at Town Plat Book 1, at page 50, in the Office of the Recorder of Spencer County, Indiana, reserving unto the Town of Santa Claus a permanent and perpetual non-exclusive easement for the purposes of entering, establishing and maintaining utility lines, underground pipelines, and other means and appurtenant structures for conveying water, wastewater, and/or other utilities, which may be deemed necessary or desirable for the Town of Santa Claus, Indiana, its successors and/or assigns, together with the right to establish, construct, maintain, alter, add, relocate, repair, erect, dig, lay, install, reconstruct, renew, rebuild and continue, all utility lines, pipelines and other means of conveying utilities deemed necessary or desirable for the utility, to allow the Town, its successors and assigns, ingress and egress establish and mainteain utility services thereto and/or thereon.
PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 13th day of October, 2008.
SANTA CLAUS TOWN COUNCIL
Ronald Smith, President
Kevin Burke
Dennis Della Morta
Elmer Dilger
Michael Johannes
ATTEST:
Kim Christensen, Clerk-Treasurer