HomeMy WebLinkAboutCost Sharing and Funding AgreementCost Sharing and Funding Agreement
WHEREAS, the Common Council of the City of Jeffersonville, Indiana
(hereinafter "Council") is the fiscal body and legislative body of the City pursuant to
Indiana Code 36-4-6.
WHEREAS, pursuant to Indiana Code 33-35-1-1 City Courts in Indiana are
established and abolished at the discretion of the City Council.
WHEREAS, historically City Court has been funded by the Council through the
appropriations from the City's General Fund.
WHEREAS, the City of Jeffersonville, not unlike most municipalities has
recently experienced a reduction in General Fund revenues available to operate
government.
WHEREAS, for calendar year 2007 the Indiana Department of Local
Government Finance (IDLGF) has reduced the City's budget by more than Three
Hundred Thousand Dollars ($300,000).
WHEREAS, the notice of this reduction was not received by the Council until
November of 2007.
WHEREAS, as a result of this reduction the Council has determined that it is
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necessary to request the City Court pay its pro rata share of operational expenses
incurred by City Court in 2007.
WHEREAS, these expenses include, but are not limited to, the cost of health
insurance for employees, cost of liability insurance, property and casualty insurance,
equipment, fizrnishing, utilities, maintenance and other costs incurred by the City in the
operation of the City Court.
WHEREAS, pursuant to Indiana Code 35-38-2-1(e) the City Court collects
funds from those individuals who are placed upon probation.
WHEREAS, pursuant to Indiana Code 35-38-2-1(g) which sets forth in pertinent
part that:
(g) "...The fiscal body of the city or town shall appropriate money from the local
supplemental adult probation services fund to the city or town court
of the city or town for the court's use in providing probation services
to adults or for the court's use for other purposes as may be
appropriated by the fiscal body......"
Pursuant to this provision of Indiana Code the council has the authority to
appropriate money from the City's probation user fee fund for other purposes inclusive
of those operational expenses described herein. Unlike Circuit and Superior Courts,
Indiana Code does not mandate that the City Court's probation user fee funds be used
exclusively for probation services or to supplement probation officer salaries.
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WHEREAS, Jeffersonville City Court Judge Scott Lewis understands and
appreciates the magnitude of the fiscal condition of the City. Judge Lewis acknowledges
and understands that City Court is a partner in government with the Council inasmuch as
the Court exists pursuant to statute and can be abolished by the Council at its discretion
pursuant to statute if the Court becomes a fmancial burden upon the taxpayers of
Jeffersonville.
WHEREAS, Judge Lewis is desirous of taking each and every step necessary to
insure that City Court continues to operate from this date forward as a partner with the
Council without necessitating that the Council increases taxes thereby creating an
additional burden upon the property owners' of the City of Jeffersonville.
WHEREAS, in order to insure the continued operation of Jeffersonville City
Court and in order to ease the property tax burden upon the property owners of the City,
Judge Lewis covenants and agrees that:
1. The Jeffersonville City Court shall contribute to the City of Jeffersonville the sum
of Thirty Thousand Dollars ($30,000) from its Supplemental Adult Probation
Services Fund (Commonly Known As "Probation User Fee Fund").
2. The Jeffersonville City Court shall contribute these funds immediately as its share
of those operational expenses as described herein for the calendar year 2007.
WHEREAS, the Council anticipates that the City and its taxpayers will be faced
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with the same and/or similar tax burden for calendar year 2008.
WHEREAS, it is the hope and desire that the Jeffersonville Court Judge shall
continue to provide the contribution as set forth above pursuant to Indiana Code as set
forth herein.
WHEREAS, the Council is hopeful that the City Court Judge will be mindful of
the substantial tax burden placed upon the property owners of Jeffersonville to operate,
fund and continue the existence of the City Court.
WHEREAS, the City Court's continued funding from the General Fund shall be
contingent upon the City Court's willingness and ability to assist in the payment of
operational costs as described herein.
k
So Agr~~This ~ day of December, 2007.
Honorable Judott wis,-Je€fer nville City Court
Keith etz, Presid
Jeffe sonyil,~e C' C uncil
~.~/ ~'
Mayor Robert aiz, Jr.
City of of erso • ille
Ronald Gr~~hs, Member
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Jeffersonvi Council
Nat an Samuel, Member
Jef r onville City Council
Connie Sellers, Member
Jeffersonville City Council
Ed Za tawny, M er
Jeffe~~onville City Council
'a~,.J
arbara Wilson, Member
Jeffersonville City Co n~Ci'1
rkins, Member
nville City Council
Attested by:
Peggy Wier, Clerk-Treasurer
City of Jeffersonville
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