ORDINANCE NO. 11-06

PORTER COUNTY BOARD OF

COMMISSIONERS AN ORDINANCE CREATING AND AUTHORIZING THE USE OF A PORTER COUNTY RAINY DAY FUND

WHEREAS, pursuant to I.C. 36-1-8-5.1 a political subdivision may establish a Rainy Day Fund; and

WHEREAS, a Rainy Day Fund may be established through passage of an ordinance; and

WHEREAS, the Porter County Board of Commissioners is the executive pursuant to I.C. 36-2-2-2 and the legislative body pursuant to I.C. 36-1-2-9 in Porter County, and has the authority to pass an ordinance pursuant to I.C. 36-1-8-5.1; and

WHEREAS, pursuant to I.C. 36-1-3-6(c) when it becomes necessary for a local unit of government to create a local fund, said fund must be created by ordinance of the county executive. See also I.C. 36-1-3-6(c)(3) and see the County Bulletin (1991) Vol. No. 283, page 7; and

WHEREAS, an ordinance adopted pursuant to I.C. 36-1-8-5.1 must specify the specific purpose of the Rainy Day Fund; and

WHEREAS, pursuant to I.C. 36-1-8-5.1(b)(B) the sources of the funding for the Rainy Day Fund may include any funding source (I) specified in the ordinance and (ii) not otherwise prohibited by law; and

WHEREAS, there currently is a balance of $4,025,623.00 in the Porter County Excess Levy Fund; and

WHEREAS, the Porter County Board of Commissioners has determined that there is a budgetary shortfall as it relates to the operation of the Porter County E-911 Department and Dispatch Center; and

WHEREAS, the Porter County E-911 Department and Dispatch Center will need a supplemental budget source to continue operations for the remainder of 2011 and for 2012 forward; and

WHEREAS, the Porter County Board of Commissioners will request the Porter County Council to fund the shortfall in part through a surcharge increase; and

WHEREAS, the additional funding from a surcharge increase will not be sufficient to fund the anticipated budget shortfall; and

WHEREAS, a consultant report indicates that additional staffing will be required to operate the Porter County E-911 Dispatch Center; and

WHEREAS, the Porter County Board of Commissioners hereby ordain that a Rainy Day Fund will be created for the specific purpose of providing supplemental funding for the operation of the Porter County E-911 Department and Dispatch Center; and

WHEREAS, the Porter County Board of Commissioners create the Porter County Rainy Day Fund which will be funded through the deposit of $4,025,623.00 from our Excess Levy Fund;

NOW THEREFORE BE IT ORDAINED BY THE PORTER COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:

1. Section 3.21 is hereby added to the Porter County Municipal Code entitled Creation of a Porter County Rainy Day Fund;

Creation of the Rainy Day Fund.

A new fund account to be referenced to as the Porter County Rainy Day Fund is hereby created for use in Porter County. The Porter County Auditor’s Office is to create a line item made to identify the Porter County Rainy Day Fund.

Authorized uses of the Porter County Rainy Day Fund.

The purpose of the Porter County Rainy Day Fund is to supplement the budgetary shortfall in the Porter County E-911 Department and Dispatch Center.

Funding Source.

The funding source of the Porter County Rainy Day Fund is the surplus amount of $4,025,623.00 currently held in our Excess Levy Fund;

Appropriation

The money deposited and held in the Rainy Day Fund pursuant to this ordinance is subject to the same appropriation process as other funds;

This ordinance shall be effective upon passage.

Passed and adopted this 19th day of April, 2011.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy A. Adams

Carole M. Knoblock

Attest: Robert J. Wichlinski, Auditor

(April 22, 2011)