Chesterton Tribune

ORDINANCE NO 11-08 PORTER COUNTY BOARD OF

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ORDINANCE NO 11-08

PORTER COUNTY BOARD OF

COMMISSIONERS AN ORDINANCE TO ADOPT A CAPITAL IMPROVEMENT PLAN

PURSUANT TO IC 6-3.5-7

WHEREAS, the Indiana General Assembly has authorized counties to impose a county economic development income tax (EDIT) on the adjusted gross income of county taxpayers, in accordance with IC 6-3.5-7 (Act); and

WHEREAS, the Porter County (County) Council imposed EDIT on July 1, 2003 at a rate of 0.25% of one percent (.1%) annually on the adjusted gross income of County taxpayers; and

WHEREAS, the Act provides that a county, city or town which fails to adopt a capital improvement plan may not receive (1) its fractional amount of the certified distribution of revenues from EDIT (Distinctive Share); or (2) any amount of EDIT revenues designated for its use by a city or town in the county; and

WHEREAS, the County will receive its Distributive Share upon adoption of this Capital Improvement Plan (CIP) and will receive its Distributive Share semiannually in May and November from the County Auditor; and

WHEREAS, the County now desires to finance certain projects as authorized by the Act; and

WHEREAS, the County may use its Distributive Share to finance capital projects for which general obligation bonds may be issued and economic development projects as defined in the Act, through the issuance of bonds or through lease financings;

WHEREAS, under the Act the projects will be economic development projects if the County determines that they will (a) promote significant opportunities for the gainful employment of its citizens; (b) attract a major new business enterprise to the County; or (c) retain or expand a significant business enterprise within the County; and involve expenditures for the acquisition of land, interests in land, site improvements, infrastructure improvements, buildings, structures, rehabilitation, renovation, and enlargement of buildings and structures, machinery, equipment, furnishings or facilities (or any combination of these); and

WHEREAS, pursuant to IC 6-3.5-7-13.1 revenues from the County’s economic development income tax may be used for any lawful purpose for which money in any of its funds may be used;

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of Porter County, Indiana, that:

1. The Capital Improvement Plan of Porter County for 2012 and 2013 is hereby adopted, which plan is attached hereto as Exhibit A.

2. Based on the factual report included in Exhibit A, the construction of the

economic development project will:

(a) promote significant opportunities for the gainful employment of citizens of the County;

(b) attract a major new business enterprise to the County; and

(c) retain or expand a significant business enterprise within the County.

3. The construction of the economic development project involves expenditures

for:

(a) the acquisition of land;

(b) interests in land;

(c) site improvements;

(d) infrastructure improvements;

(e) buildings;

(f) structures;

(g) rehabilitation, renovation, and enlargement of buildings and structures;

(h) machinery;

(I) equipment;

(j) furnishings; and

(k) facilities;

(l) any combination of these;

(m) any lawful purpose for which money in any of its other funds may be used.

4. This ordinance shall become effective from and after its date of adoption.

Adopted this 7th day of June, 2011.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy A. Adams

Carole M. Knoblock

Attest: Robert J. Wichlinski, Auditor

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Viola Wagner

EXHIBIT A - 2012, 2013

ECONOMIC DEVELOPMENT INCOME TAX

CAPITAL IMPROVEMENT PLAN OF PORTER COUNTY

Introduction

This document is the Capital Improvement Plan (Plan) for Porter County, Indiana (County). It is intended for adoption by the Board of Commissioners of the County in conformance with IC 6-3.5-7.

Term

The term of the Plan is two (2) years from the date of its adoption and incorporates the expenditures of the County’s 2012 and 2013 EDIT distribution.

Plan Objectives

IC 6-3.5-7 requires the adoption of the Plan by the County Commissioners before the County may receive its certified distribution of revenues from the Economic Development Income Tax (EDIT). The Plan must specify the uses for which the County proposes to use EDIT revenues.

2012

Description of Capital and Economic Development Project (Projects) from County 2012 EDIT Distributions of May 1, 2012 and November 1, 2012.

Project 1 (Fund 250)

General Description–Improvement of County right of ways, including ditches, drainage issues, and engineering consultants.

Estimated Total Cost–$1,100,000.00

EDIT Contribution– $1,100,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–Reference annual highway construction and maintenance schedules for Porter County Highway Department, Drainage projects and Ditch cleaning.

Project 2 (251)

General Description–Capital improvements in Center District, South District and North District, improvements to County buildings, Rights of Way, Drainage issues, and engineering consultants..

Estimated Total Cost–$710,000.00

EDIT Contribution– $710,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–$236,666.66 for North District, Center District and South District at the discretion of Commissioners.

Project 3 (Fund 252)

General Description–Building maintenance of Porter County buildings including landscape maintenance, office furniture, cleaning, repairs and utilities.

Estimated Total Cost–$600,000.00

EDIT Contribution– $600,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–As required.

Project 4 (Fund 253)

General Description–Land acquisition and other expenditures set forth in Plan for

Porter County Park Department

Estimated Total Cost–$300,000.00

EDIT Contribution– $300,000.00

Source of Funding– EDIT money plus

Planning, Development and Construction Schedule–As per plan documentation

prepared by Park Board for approval by Porter County Board of Commissioners, with

$25,000.00 to be expended for improvement of the Paul C. Zona Wildlife Sanctuary, and to be deposited into the Paul C. Zona Wildlife Sanctuary Donation Fund (Fund 209).

Project 5 (Fund 254)

General Description–Rule 13 Funding/mandated federal storm water drainage management/education

Estimated Total Cost–$20,000.00

EDIT Contribution– $20,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule– As per federal mandate.

Project 8 (Fund 257)

General Description- Promote and market Porter County for economic growth and development.

Estimated Total Cost- $150,000.00

EDIT Contribution- $150,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule- Annual support of Porter County’s role in coordinating with municipal entities to promote economic development.

Project 9(a), Fund 258

General Description- Advertising and promotion of Animal Shelter

Estimated Total Cost- $25,000.00

EDIT Contribution- $25,000.00

Planning, Development and Construction Schedule- Advertising and promotion of the Animal Shelter

Project 9(b) (Fund 293)

General Description-Purchase equipment/software and outsourcing of scanning, indexing, and CD mastering of documents for Docuware project.

Estimated Total Cost- $100,000.00

EDIT Contribution- $100,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule-To continue outsourcing scanning, indexing and CD mastering of certain documents for County Departments.

Project 19 (Fund 327)

General Description- Purchase of equipment and maintenance agreements for said equipment

Estimated Total Cost- $300,000.00

EDIT Contribution- $300,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule-As required.

Project 23—(Fund 260)

General Description-Purchase of professional services as defined in I.C. 5-22-2-26

Estimated Total Cost- $300,000.00

EDIT Contribution- $300,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule-To purchase professional services as needed to assist Porter County Government pursuant to I.C. 5-22-2-26

Purpose of projects

We hereby find that the projects are economic development projects because the projects will promote economic development in Porter County, Indiana through the improvement of right of ways; through the upgrade of our Parks Department to draw individuals to Porter County; through the improvement of regional transportation to make access to Porter County easier; and through the improvement, upgrade and maintenance of thoroughfares, county roads and county buildings. In addition, the project is a legitimate expenditure pursuant to the amendment to IC 6-3.5-7-13.1 that provides that EDIT funds may be used by a county for any lawful purpose for which money in any of its funds may be used.

2013

Description of Capital and Economic Development Project (Projects) from County 2013 EDIT Distributions of May 1, 2013 and November 1, 2013.

Project 1 (Fund 250)

General Description–Improvement of County right of ways, including ditches, drainage issues and engineering consultants.

Estimated Total Cost–$1,100,000.00

EDIT Contribution– $1,100,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule– Reference annual highway construction and maintenance schedules for Porter County Highway Department, Drainage projects and Ditch cleaning.

Project 2 (251)

General Description– Capital improvements in Center District, South District and North District, improvements to County buildings, Rights of Way, Drainage issues and engineering consultants.

Estimated Total Cost–$710,000.00

EDIT Contribution– $710,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–$236,666.66 for North District, Center District and South District at the discretion of Commissioners.

Project 3 (Fund 252)

General Description– Building maintenance of Porter County buildings including landscape maintenance, office furniture, cleaning, repairs and utilities.

Estimated Total Cost–$600,000.00

EDIT Contribution– $600,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–As required.

Project 4 (Fund 253)

General Description–Land acquisition and other expenditures set forth in Plan for

Porter County Park Department

Estimated Total Cost–$300,000.00

EDIT Contribution– $300,000.00

Source of Funding– EDIT money plus

Planning, Development and Construction Schedule– As per plan documentation

prepared by Park Board for approval by Porter County Board of Commissioners, with

$25,000.00 to be expended for improvement of the Paul C. Zona Wildlife Sanctuary, and to be deposited into the Paul C. Zona Wildlife Sanctuary Donation Fund (Fund 209).

Project 5 (Fund 254)

General Description–Rule 13 Funding/mandated federal storm water drainage management/education

Estimated Total Cost–$20,000.00

EDIT Contribution– $20,000.00

Source of Funding– EDIT money only

Planning, Development and Construction Schedule–As per federal mandate.

Project 8 (Fund 257)

General Description- Promote and market Porter County for economic growth and development.

Estimated Total Cost- $150,000.00

EDIT Contribution- $150,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule- Annual support of Porter County’s role in coordinating with municipal entities to promote economic development.

Project 9(a), Fund 258

General Description- Advertising and promotion of Animal Shelter

Estimated Total Cost- $25,000.00

EDIT Contribution- $25,000.00

Planning, Development and Construction Schedule-Advertising and promotion of the Animal Shelter

Project 9(b) (Fund 293)

General Description-Purchase equipment/software and outsourcing of scanning, indexing, and CD mastering of documents for Docuware project.

Estimated Total Cost- $100,000.00

EDIT Contribution- $100,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule- To continue outsourcing scanning, indexing and CD mastering of certain documents for County Departments.

Project 19 (Fund 327)

General Description- Purchase of equipment and maintenance agreements for said equipment

Estimated Total Cost- $300,000.00

EDIT Contribution- $300,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule- As required.

Project 23—(Fund 260)

General Description- Purchase of professional services as defined in I.C. 5-22-2-26

Estimated Total Cost- $300,000.00

EDIT Contribution- $300,000.00

Source of Funding- EDIT money

Planning, Development and Construction Schedule-To purchase professional services as needed to assist Porter County Government pursuant to I.C. 5-22-2-26

Purpose of projects

We hereby find that the projects are economic development projects because the projects will promote economic development in Porter County, Indiana through the improvement of right of ways; through the upgrade of our Parks Department to draw individuals to Porter County; through the improvement of regional transportation to make access to Porter County easier; and through the improvement, upgrade and maintenance of thoroughfares, county roads and county buildings. In addition, the project is a legitimate expenditure pursuant to the amendment to IC 6-3.5-7-13.1 that provides that EDIT funds may be used by a county for any lawful purpose for which money in any of its funds may be used.

Seventy-five Percent (75%) Test

In accordance with IC 6-3.5-7-15, the Plan incorporates projects, the cost of which is at least 75% of the certified distribution the County expects to receive during the term of the Plan as follows:

Expenditures for term of the Plan:

2012

Project 1 $1,100,000.00 (Fund 250)

Project 2 $710,000.00 (Fund 251)

Project 3 $600,000.00 (Fund 252)

Project 4 $300,000.00

(Fund 253)

Project 5 $ 25,000.00 Fund 254)

Project 8 $150,000.00 (Fund 257)

Project 9(a) $20,000.00 (Fund 258)

Project 9(b) $100,000.00 (Fund 293)

Project 19 $300,000.00 (Fund 327)

Project 23 $300,000.00

TOTAL: $ 3,605,000.00

2013

Project 1 $1,100,000.00 (Fund 250)

Project 2 $710,000.00 (Fund 251)

Project 3 $600,000.00 (Fund 252)

Project 4 $300,000.00

(Fund 253)

Project 5 $ 25,000.00 Fund 254)

Project 8 $150,000.00 (Fund 257)

Project 9(a) $20,000.00 (Fund 258)

Project 9(b) $100,000.00 (Fund 293)

Project 19 $300,000.00 (Fund 327)

Project 23 $300,000.00

TOTAL: $ 3,605,000.00

County Certified Distribution for the term of the Plan:

2012: $3,605,101.00 -- estimated

2013: $3,605,101.00 -- estimated

Total County Certified Distribution for the term of the Plan: $ 7,210,202.00

Percentage of Certified Distribution allocated to Projects for the term of the

Plan: 100%

Total Distribution: $ 7,210,202.00

Total Project Allocation:$ 7,210,000.00

Non-allocated dollars: -- 00.00 (zero)

(June 10, 2011)