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HomeMy WebLinkAbout2006-OR-42 Ordinance No. 2006- OR -42 Before the Common Council City of Jeffersonville, Indiana An Ordinance Creating The Jeffersonville Major Moves Special Fund Whereas, The Legislature of the State ofIndiana has approved House Enrolled Act No. 1008, thereby creating the Indiana Major Moves Construction Fund, and Whereas, Indiana Code I.C. 8-14-1-5 allows for funds to be allocated to cities and towns from the state motor vehicle highway account, as a result ofH.E.A 1008, and Whereas, the Major Moves construction fund money will come as a separate distribution apart from the regular state motor vehicle highway money, and Whereas, Indiana code 8-14-1 allows for the City of Jeffersonville, among other cities and towns to receive $188,567.04 on or before October 15, 2006 and again on or before October 15,2007. , and Whereas, the funds received be the City of Jeffersonville according to I.C. 8-14-1-5 may be used for construction, reconstruction, repair, maintenance, snow removal, the purchase or lease of highway construction and maintenance equipment, and other safety and traffic projects and must be budgeted as provided by state law. Now therefore Be It Ordained that the Common Council of the City of Jeffersonville hereby establish the Jeffersonville Maior Moves Special Fund, and Furthermore be Ordained that the following provisions will be applied: Section 1. This Major Moves Special Fund shall be a non-reverting fund with no time limit for spending or appropriation Section 2. As provided by state law, all Major Moves Special Fund monies must be budgeted by the Common Council and the Council shall approve all claims from The Major Moves Special fund. Section 3. As provide under I. C. 8-14-1-5 the City of Jeffersonville shall expend up to 10% of this Major Moves Special Fund monies for law enforcement purposes Section 4. As provided under LC 8-14-1-5 the Common Council may allocate Major Moves Special Fund monies for the principle and interest, on bonds sold primarily to finance road, street, or thoroughfare projects. lof2 This ordinance shall be in the full force and effect up its adoption. So Ordained on the 2\~~ day of ~)~ 2006. Common Council of The City Of Jeffersonville, Indiana BY: ~ . ~ Peggy . Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this 23.. day of A'q ~ 2006, at M Qn~ Peggy ~ Clerk and Treasurer y me of this ~ day of M I Robert L. Walz, Jr. Mayor. 20f2 Indiana Association of Cities and Towns IndianaA.ssociation http://www. citiesandtowns. org/ ~llleto\tV lit...,,';, i t~" lim,- IACT Services Survey TIle L\CT Executive Committee will nndeltake a hi-,uu111al stntegic pbnniug pmcess next llionth. Feedhack fWili lliu.ulcipal officials ,thont the pwgrams ,md sel.vlees that LiCT cl1uendy oftE-rs is critical, and we'd appreciate it if you 'would take iust a few ru.i.uutes to complete ,m online SUl.vey to COllllllUllicate YOUl ideas to the Executive COllllllittee. "ill elected and appointed 111l11llcip'll officials are encomaged to participate. L\.CT is your association, and it is with your feedhack tlut tht' Executive COllunittee ",illl)bn for the fl1tme. TIl,ulk yon. TI,e City and To,,'ll Budget Bunetin is pul)lished hy L\.CT to assist 111lullcipal officious ,,;,th the dnty of developing and adol)tiug a hudget. L\CT thatlks the Department of Local Govemment FUl:UKe, the State Board of Accounts and the State "-\uditor's Office for theu: assistance in preparulg dle hulletin. gick4ere...lo..(1()\Y1Jl{)il~ltlJ,~ZQQ7..I,,\(T~~~tY..JllE\.T()~Yll..,p.'ldget ,I3ttlletll'. if TI,e 2006 General Assembly passed bws affectulg ml1.ulcip,ilities ac:tOss the State. SUUl111aries of die ll>:'W laws ;lr>:, ulCll1d>:,d in the 2006 Statehous>:, J.'.~J?(,).t!, availahle 101: dowcload 'Illd lll. the June issue ofAdi"lliilh's. Futil dlen, summaries ;llld .infoIDlatioll 011 a few of the laws ar>:, right h>:,r€': r::.ff,,(~ts ot.;!.':-~)..(Jl.<:'.,jLJl~At:,~ J:::rl:titlt'!lLQ9,1ll,<I,iQ 5.l<lt:~,~yi.J'~L()cal Dl".lJ:1I}'!!!9..J.l..().f.M"lc2LJ.\1r:>w.s Fun (ung ryJui orMo ves _~Ol1E.!ruetlOl.L.Emld Distri b uti91l TdeCOlnmlllllcatiolls Refo~}..!.! ~_~~!:~!?:g__Q.!,@~_;}D.~~t~ * j\hjot :Moves.E~('.(l"ent1v '\c~)sS:.si9.':t<'stions (Fc\C)i 1 ;,lAs>l. \Loves F~'\Q.1 Page lof2 Weekly Advocate M~.)', 1, 200\2. Municipal Dispatch 4\J1Y.1~ 2006. . $jgn.l!Q to receive newsletters from IACT Visit the newsletter archives August .3 Northern Mayors Roundtat South Bend 17 North Central Mayors Roundtable Crawfordsville 18 Southern Mayors Roundtal Jasper 18 South Central Mayors Roundtable Brazil ~OO_6Jnt?J~!,:;ti.v~..kgkmdqr h"'l(liaD8 l~ssociaticn of Cities & TOV\'T1S 8/1/2006 Major Moves Construction Fund $150 million to Indiana Counties, Cities & Towns (SECTION 5 ofH.E.A. 1008) Frequently Asked Questions Q: Do we have to set-up a separate fund? A: According to SECTION 5 of House Enrolled Act No. 1008, Chapter 14 is added to 8- 14 of tlle Indiana Code. I.e. 8-14-14 does NOT mandate a separate account for tllese montes. Q: \X'hat are the allowed uses of the major moves construction fund? A: According to SECTION 5 of House Enrolled Act No. 1008, Chapter 14 is added to 8- 14 of the Indiana Code. Ie. 8-14-14-6 will read (under IB) "Money distributed under this subdivision may be used only for purposes that money distributed from the motor vehicle highway account may be expended under 8-14-1-4 for counties and I.e. 8-14-1- 5 for cities and towns." .~ I.C. 8-14-1-4 County allocations; budgeting; permissible use of funds; county allocation Sec. 4. The funds allocated to tlle respective counties of the state from the motor vehicle highway account shall annually be budgeted as provided by L1.w, and, when distributed shall be used for construction, reconstruction and maintenance of the highways of the respective counties, including highways which traverse the streets of incorporated towns, the cost of the repair and maintenance of which prior to the tenth day of September, 1932, was paid from the county gravel road repair fund excepting where the department is charged by law witll the maintenance or construction of any such highway so traversing such streets. Any surplus existing in the funds at the end of the year shall thereafter continue as a part of the highway funds of the said counties and shall be rebudgeted and used as already provided in this chapter. The purchase, rental and repair of highway equipment:, painting of bridges and acquisition of grounds for erection and construction of storage buildings, acquisition of rights of way and the purchase of fuel oil, and supplies necessary to the performance of construction, reconstruction and maintenance of highways, shall be paid out of the high\vay account of the various counties. I.C. 8-14-1-5 ''\f Permissible use of funds; municipal allocations ~ Sec. 5. (a) All funds allocated to cities and towns from the motor vehicle highway account shall be used by the cities and towns for the construction, reconstruction, repair, maintenance, oiling, sprinkling, snow removal, weed and tree cutting and cleaning of their highways as herein defined, and including also any curbs, and tlle city's or town's share of the cost of the separation of the grades of crossing of public highways and railroads, the purchase or lease of highway construction and maintenance equipment:, the purchase, erection, operation and maintenance of traffic signs and signals, and safety zones and devices; and the painting of structures, objects, surfaces in highways for purposes of safety and traffic regulation. All of such fi.l11.ds shall be budgeted as provided by law. (b) In addition to purposes for which funds may be expended under subsections (a) and (c) of this section, monies allocated to cities and towns under this chapter may be expended for law enforcement purposes, subject to the following limitations: (1) For cities and towns with a population ofless than five thousand (5,000), no more than fifteen percent (15%) may be spent for law enforcement purposes. (2) For cities and towns other than those specified in subdivision (1) of this / ~ ~ubsection, no more than ten percent (10%) may be spent for law enforcement ~- - purposes. (c) In addition to purposes for which funds may be expended under subsections (a) and (b) of this section, monies allocated to cities and towns under this chapter may be expended for the payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects. Q: Will the major moves constmction fund money come as a separate distribution apart from my regular motor vehicle highway money? . A: Yes. Under SECTION 5 of House Enrolled Act No. 1008, Chapter 14 is added to 8- 14 of the Indiana Code. 8-14-14-6 will read, "(a) If the authority enters into a public- private agreement concerning the Indiana Toll Road under IC 8-15.5, the auditor of state shall make the following distti.butions from the fund for the indicated purposes: (1) One hundred fifty million dollars ($150,000,000) to the treasurer of state for deposit in the motor vehicle highway account established by I~ 8-14-1. Notwithstanding IC 8-14-1, on or before October 15, 2006,aiJ.d on or before October 15,2007, the auditor of state shall distt.i.bute seventy-five miIJ.i6n dollars ($75,000,000) of the money deposited in the motor vehicle highway account under this subdivision to each of the counties, cities, and towns eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1 and in the same proportion among the counties, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1. The auditor of state: (A) shall make the distributions required by this subdivision separately from distributions required by IC 8-14-1; and (B) may not combine the distributions required by this subdivision with distributions required by IC 8-14-1." . LocallvIajor Moves Constmction Fund Special Distribution to the Counties, Cities and Towns of Stueben, LaGrange, Elkhart, St. Joseph, LaPorte, Porter & Lake (SECTION 7 ofH.E.A. 1008) Frequently Asked Questions Q: Do we have to set-up a separate fund? A: According to SECTION 7 of House Enrolled Act No. 1008, Chapter 16 is added to 8- 14 of the Indiana Code. I.e. 8-14-16-4 will read, <'Each county, city, or town that receives a distribution under section 3 of this chapter shall establish a local major moves construction fund." Q: \XThat are the allowed uses of the local major moves constmction fund? A: According to SECTION 7 of House Enrolled Act No. 1008, Chapter 16 is added to 8 14 of tlle Indiana Code. I.e. 8-14-16-5 will read <'j\10ney in the fund may be expended only for the following purposes: (1) Construction of highways, roads, and bridges. (2) In a county that is a member of the northwest Indiana regional deyelopment authority, or in a city or town located in such a county, any purpose for which the regional development authority may make expenditures under I C 36-75. (3) Pwviding funding for economic development projects (as defined in IC 6-35-7-13. 1 (c) (1) or IC 6-3.5-7-13. 1 (c) (2) (A) through IC 6-3.5-7- 13.1 (c) (2) (K)). (4) Matching federal grants for a purpose described in this section. (5) Providing funding for interlocal agreenlents under IC 36-1-7 for a put pose described in this section. (6) Providing the county's or city's contribution to the northwest Indiana regional development authority, in the case of a county described in section 1 (3) of this chapter or a city described in IC 36- 7.5-2-3(e). Q: Will the major moyes constmction fund money come as a separate distribution apart from my regular motor vehicle highway money? A: Yes. Under SECTION 7 of House Enrolled Act No. 1008, Chapter 16 is added to 8- 14 of the Indiana Code. 8-14-16-3 will read, "Money distributed to a county described in section 1 of this chapter from the major moves construction fund under IC 8-14-14-6(a)(3) shall be distributed by the county auditor among the county and each of the cities and towns in the county that is eligible to receive a distribution from the motor vehicle highway account under IC 8-14-1, in the same proportion among the county, cities, and towns as funds are distributed from the motor vehicle highway account under IC 8-14-1."