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)
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