HomeMy WebLinkAbout2018-R-9 BEFORE THE COMMON COUNCIL FOR JEFFERSONVILLE
STATE OF INDIANA
RESOLUTION NO. 2018-R-
A RESOLUTION APPROVING AND RATIFYING INTERLOCAL
AGREEMENT REGARDING DISTRIBUTION OF ECONOMIC
DEVELOPMENT INCOME TAX FUNDS
WHEREAS, the Common Council of the City of Jeffersonville, Indiana("the
City") is the statutory fiscal body for the City; and
WHEREAS,the City has reviewed the attached Agreement regarding the
distribution of Economic Development Income Tax ("EDIT") funds during the years of
2019, 2020 and 2021 to lessen the impact on Clark County, Indiana of the Indiana
Department of Local Government Finance's ("DLGF") interpretation of House Enrolled
Act 1489, (P.L. 199-2018); and
WHEREAS,the City believes that it is in the best interest of the City to enter into
this Interlocal Agreement;
NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council
of the City of Jeffersonville does hereby approve and ratify the attached Interlocal
Agreement Regarding Distribution of Economic Development Income Tax Funds.
Passed and adopted this day of October, 2018, by the Common Council
of the City of Jeffersonville, Clark Lounty, Indiana.
Lisa ill
Presiding Officer
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Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of the City of Jeffersonville this
day of October, 2018.
Vicki Conlin, Clerk
9
This Resolution approved and signed by me this �-�'-- da • Octob- , 2018.
I I
Mike MI ore, Mayor
INTERLOCAL AGREEMENT
BETWEEN CLARK COUNTY, INDIANA,
THE CITY OF JEFFERSONVILLE,
THE CIVIL TOWN OF CLARKSVILLE,
THE CITY OF CHARLESTOWN, THE TOWN OF SELLERSBURG,
THE TOWN OF BORDEN AND THE TOWN OF UTICA
REGARDING DISTRIBUTION OF
ECONOMIC DEVELOPMENT INCOME TAX FUNDS
THIS AGREEMENT is entered into by and between Clark County, Indiana (hereinafter
referred to as the "County"); the City of Jeffersonville ("Jeffersonville"); the Civil Town of
Clarksville ("Clarksville"); the City of Charlestown ("Charlestown"); the Town of Sellersburg
("Sellersburg"); the Town of Borden("Borden"); and, the Town of Utica("Utica").
Section 1. Duration and Termination
This Interlocal Agreement ("Agreement") shall become effective upon approval of the
County, Jeffersonville, Clarksville, Charlestown, Sellersburg, Borden, and Utica. This
agreement shall remain in effect for calendar years 2019, 2020, 2021, and 2022, subject to the
terms herein.
Section 2. Purpose.
The purpose of this agreement is to provide for the distribution of Economic
Development Income Tax ("EDIT") funds during 2019, 2020, and 2021 to lessen the impact on
the County of the Department of Local Government Finance's (DLGF) interpretation of House
Enrolled Act 1489, (P.L. 199-2018).
Section 3. Manner of Financing, Staffing, and Supplying the Joint Undertaking of
this Interlocal Agreement.
a. The County has imposed an Economic Development Income Tax for Clark County,
Indiana and receives funds generated by the tax ("EDIT funds") from the State of
Indiana, making it the lead local agency for EDIT funds.
b. Each month, based on a formula received from the Department of Local Government
Finance ("DLGF"), the County distributes a share of EDIT funds to each appropriate
taxing unit in Clark County, Indiana("distributive share"), including to itself.
c. In 2017, to assist Clark County in its financial situation, House Enrolled Act 1489 ("HEA
1489") was enacted.
d. Based on HEA 1489, Clark County was anticipating a certain distributive share of EDIT
funds.
e. The DLGF has interpreted HEA 1489 in a manner that reduces the County's anticipated
distributive share of EDIT funds in 2019, 2020, and 2021.
f. The municipalities adopting this Agreement wish to assist the County in making up the
anticipated shortfall in its distributive share of EDIT funds in 2019, 2020, and 2021.
g. For calendar years 2019, 2020, and 2021 only, each municipality that adopts this
Interlocal Agreement agrees that the County shall withhold from the respective
municipality's distributive share of EDIT funds for the year an amount determined by
taking the expected County shortfall times that municipality's proportion of EDIT funds
(as determined by the DLGF) that the municipality would have received for the year. (By
way of example only, if, because of the DLGF's interpretation of HB 1489, Clark County
receives $400,000 less in EDIT funds in 2019 than it otherwise would have, and
Jeffersonville's 2019 share of EDIT funds would have been 40%, then the County will
withhold 40% of$400,000 from Jeffersonville's EDIT funds).
h. To determine the County's expected shortfall each year of this Agreement, the
municipalities adopting this Agreement shall provide to the County Auditor by December
1 each year what they jointly believe the County's expected shortfall in its distributive
share of EDIT funds will be in the following year ("proposed shortfall number"). The
County Auditor will then have no more than ten (10) working days to reject the proposed
shortfall number by providing written notification to the respective financial officer of
each municipality. If the County Auditor does not provide such timely notice, then the
proposed shortfall number shall be deemed accepted and apply to the following year. If
the County Auditor does provide timely notice of rejection of the proposed shortfall
number, then the respective financial officers of each municipality and the County
Auditor shall negotiate the shortfall number.
i. In the event that any municipality or municipalities identified hereinabove fails to
approve this Agreement by adoption of a resolution, the shortfall assigned to that
municipality shall be proportionally divided among and withheld from the distributive
shares of the municipalities that approve this Agreement by resolution in a manner that
makes the County whole for its EDIT distribution shortfall.
j. Upon elimination of the effect of the DLGF's interpretation of HEA 1489, through
enactment of corrective legislation or otherwise, then the provisions of Section 3(g) and
Section 3(h) shall automatically terminate and no longer apply.
k. If during the term of Agreement, the County adopts any new taxes, ordinances, or
resolutions that will adversely affect the municipalities' distributive shares or distribution
amounts of LIT EDIT, then Section 3(g) and Section 3(h) shall immediately and
automatically terminate, and the County shall repay each municipality that is a party to
this Agreement, any amounts of EDIT funds withheld during prior years from the
affected municipalities under Section 3(g) and Section 3(h).
1. Pursuant to IC 36-1-7-4(a), the Clark County Auditor is hereby delegated the duty to
receive, disburse, and account for all monies of this joint undertaking.
Section 4. No Liability Incurred by Operation of This Agreement.
Nothing in the performance of this Agreement shall impose any liability for claims
against the Town or the County except among them as expressly set forth herein.
Section 5. Indemnity.
Each party to this Agreement will be responsible for its own actions under this agreement
and shall not be liable for any civil liability that may arise from the actions of the other parties.
Each party shall indemnify and hold harmless the other parties for civil liability that may arise
from that party's acts or omissions.
Section 6. Administration of Interlocal Agreement.
The interlocal agreement shall be administered by the Clark County Auditor or their
respective designees. These persons shall be authorized to perform all duties and carry out all
functions as are necessary to carry out this Agreement.
Section 7. Acquiring, Holding, and Disposing of Property. No acquisition, holding,
or disposal of property is anticipated to be required in the performance of this Agreement.
Section 8. Miscellaneous.
By entering into this Agreement, the parties do not intend to create any obligations,
express or implied, other than those expressly set out herein. This Agreement shall not create any
rights in any person or entity that is not a signatory hereto.
[The remainder of this page was intentionally left blank. Signature pages to follow.]
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of
Economic Development Income Tax Funds is executed on behalf of Clark County, Indiana by
the undersigned as its duly authorized officials and representatives this day of
, 2018.
CLARK COUNTY COMMISSIONERS
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Auditor of Clark County, Indiana,
hereby attests that on this day of , 2018, he personally witnessed the
execution of this Agreement by , the duly authorized
President of the Board of Clark County Commissioners. The undersigned further hereby
certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances
enacted by the Board of Clark County Commissioners in accordance with the provisions of
applicable Indiana law.
R. Monty Snelling, Clark County Auditor
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of Clark County, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
CLARK COUNTY COUNCIL
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Auditor of Clark County, Indiana,
hereby attests that on this day of , 2018, he personally witnessed the
execution of this Agreement by , the duly authorized
President of the Clark County Council. The undersigned further hereby certifies that this
Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the
Clark County Council in accordance with the provisions of applicable Indiana law.
R. Monty Snelling, Clark County Auditor
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the City of Jeffersonville, Indiana by
the undersi ed as its duly authorized officials and representatives this 1,14 day of
(' p\D,V , 2018.
CITY OF JEFF 1 R VILLE '
By:
Name: 'M+\t• wkno6'
Its: ,P1a.k u r
Attes tion and Certification: �_,
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The ii dersigned, as the duly elected and servingQlerk of Jeffersonville, Indiana, hereby
attests that on this` day of , 2018, she personally witnessed the execution
of this Agreement by Mike Moore, the duly authorized Mayor of the City of Jeffersonville. The
undersigned further hereby certifies that this Agreement is a true and correct copy of the
Agreement approved by ordinances-'enacted by the Jeffersonville City Council in accordance
with the provisions of applicable Indiana law.
-,✓' Vicki Conlin, Clerk
City of Jeffersonville
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IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the Town of Clarksville, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
For Clarksville:
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk-Treasurer of Clarksville, Indiana,
hereby attests that on this day of , 2018, he personally witnessed the
execution of this Agreement by , the duly authorized President of
the Clarksville Town Council. The undersigned further hereby certifies that this Agreement is a
true and correct copy of the Agreement approved by ordinances enacted by the Clarksville Town
Council in accordance with the provisions of applicable Indiana law.
Robert Leuthart, Clerk-Treasurer
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the City of Charlestown, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
CITY OF CHARLESTOWN
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk of Charlestown, Indiana, hereby
attests that on this day of , 2018, she personally witnessed the execution
of this Agreement by Mike Moore, the duly authorized Mayor of the City of Charlestown. The
undersigned further hereby certifies that this Agreement is a true and correct copy of the
Agreement approved by ordinances enacted by the Charlestown City Council in accordance with
the provisions of applicable Indiana law.
Donna Coomer, Clerk
City of Charlestown
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the Town of Sellersburg, Indiana by
the undersigned as its duly authorized officials and representatives this day of
, 2018.
For Sellersburg:
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk-Treasurer of Sellersburg, Indiana,
hereby attests that on this day of , 2018, she personally witnessed the
execution of this Agreement by Paul Rhodes, the duly authorized President of the Sellersburg
Town Council. The undersigned further hereby certifies that this Agreement is a true and correct
copy of the Agreement approved by ordinances enacted by the Sellersburg Town Council in
accordance with the provisions of applicable Indiana law.
Michelle Miller, Clerk-Treasurer
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the Town of Borden, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
For Borden
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk-Treasurer of Borden, Indiana, hereby
attests that on this day of , 2018, she personally witnessed the execution
of this Agreement by , the duly authorized President of the Borden
Town Council. The undersigned further hereby certifies that this Agreement is a true and correct
copy of the Agreement approved by ordinances enacted by the Borden Town Council in
accordance with the provisions of applicable Indiana law.
Mindi Holmes, Clerk-Treasurer
IN WITNESS WHEREOF this Interlocal Agreement Regarding Distribution of Economic
Development Income Tax Funds is executed on behalf of the Town of Utica, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
For Utica
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk-Treasurer of Utica, Indiana, hereby
attests that on this day of , 2018, he personally witnessed the execution of
this Agreement by , the duly authorized President of the Utica
Town Council. The undersigned further hereby certifies that this Agreement is a true and correct
copy of the Agreement approved by ordinances enacted by the Utica Town Council in
accordance with the provisions of applicable Indiana law.
Patricia A. Love, Clerk-Treasurer