HomeMy WebLinkAbout2005-OR-11
ORDINANCE 2005-0R- 11
AN ORDINANCE ESTABLISHING THE
COMMON COUNCIL NON-REVERTING CAPITAL
IMPROVEMENT FUND
WHEREAS, IC 36-1-2-9 (3) designates the Common Council of the City of
Jeffersonville as the legislative body of the City of Jeffersonville, and
WHEREAS, IC 36-1-3-4 (b) 2 grants to the Common Council of the City of
Jeffersonville the powers necessary and desirable to conduct the financial affairs of the
City of Jeffersonville, and
WHEREAS, IC 36-1-2-9 (3) designates the Common Council of the City of
Jeffersonville as the fiscal body for the City of Jeffersonville, and
WHEREAS, IC 36-4-4-4 (b) grants to the Common Council of the City of Jeffersonville
the power to manage the finances of the City of Jeffersonville, and '
WHEREAS, IC 36-4-6-18 grants authority to the Common Council of the City of
Jeffersonville to pass ordinances, orders, resolutions, and motions to control city
finances, and
WHEREAS, the Common Council of the City of Jeffersonville now wishes to become
more involved in certain Capital Improvement Projects,
THEREFORE, NOW LET IT BE ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE,
SECTION 1: There is now established the Common Council Non-reverting Capital
Improvement Fund.
SECTION 2: The Common Council Non-reverting Capital Improvement Fund shall be
funded by EDIT TAX funds.
SECTION 3: The initial annual funding to the Common Council Non-reverting Capital
Improvement Fund from EDIT TAX funds shall be in the amount of $175,000.00. This
allocation shall be placed evenly ($25,000.00) in the following line items:
a. Council District #1
b. Council District #2
c. Council District #3
d. Council District #4
e. Council District #5
f. Council At Large District # 1
g. Council At Large District #2
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SECTION 5: All expenditures from the Common Council Non-reverting Capital
Improvement Fund shall comply with all state statutory requirements for expenditures
from EDIT TAX revenue.
Approved by the Common Council of the City of Jeffersonville this _ of
,2005.
Passed and adopted by the Common Council of the City of Jeffersonville, Clark County,
Indiana this _ day of ,2005.
Robert L. Waiz Jr., Mayor
ATTEST:
Peggy Wilder, Clerk Treasurer
Presented by as Clerk Treasurer to the Mayor of said City of Jeffersonville this _ day
of ,2005.
Peggy Wilder, Clerk Treasurer
Approved and signed by me this _ day of
, 2005.
Robert L. Waiz Jr., Mayor
"
R. Thomas Lowe
ATTORNEY at LAW
530 East Court Avenue
Jeffersonville, Indiana 47130
Telephone: (812) 288-6820 Facsimile: (812) 282-3188
February 28, 2005
MEMORANDUM
TO: Honorable Peggy Wilder
Clerk-Treasurer
City of Jeffersonville, Indiana
RE: Deposit and Expenditure of Economic Development Income Tax Revenue
Peggy,
Per your request, I have researched the above-referenced issue and submit the following
memorandum.
Clark County has adopted as part of its tax package an Economic Development Income Tax. In
order for the City of Jeffersonville to receive its Distributive Share'ofthe revenue from this tax it
must comply with I.C. 6-3.5-7-15 which is set out below:
IC 6-3.5-7-15
Capital improvement plan; retention of certified distribution pending adoption of plan;
components of plan
Sec. 15. (a) The executive of a county, city, or town may, subject to the use ofthe certified
distribution permitted under sections 25 and 26 of this chapter:
(1) adopt a capital improvement plan specifying the uses of the revenues to be received under this
chapter; or
(2) designate the county or a city or town in the county as the recipient of all or a part of its share
of the distribution.
(b) If a designation is made under subsection (a)(2), the county treasurer shall transfer the share
or part of the share to the designated unit unless that unit does not have a capital improvement plan.
(c) A county, city, or town that fails to adopt a capital improvement plan may not receive:
(1) its fractional amount of the certified distribution; or
(2) any amount designated under subsection (a)(2);
for the year or years in which the unit does not have a plan. The county treasurer shall retain the
certified distribution and any designated distribution for such a unit in a separate account until
the unit adopts a plan. Interest on the separate account becomes part of the account. If a unit fails
to adopt a plan for a period of three (3) years, then the balance in the separate account shall be
distributed to the other units in the county based on property taxes first due and payable to the
units during the calendar year in which the three (3) year period expires.
(d) A capital improvement plan must include the following components:
(1) Identification and general description of each project that would be funded by the county
economic . development income tax.
(2) The estimated total cost ofthe project.
(3) Identification of all sources offunds expected to be used for each project.
(4) The planning, development, and construction schedule of each project.
(e) A capital improvement plan:
(1) must encompass a period of no less than two (2) years; and
(2) must incorporate projects the cost of which is at least seventy-five percent (75%) of the
fractional amount certified distribution expected to be received by the county, city, or town in
that period oftime.
(f) In making a designation under subsection (a)(2), the executive must specify the purpose and
duration of the designation. If the designation is made to provide for the payment of lease rentals
or bond payments, the executive may specify that the designation and its duration are irrevocable.
As added by P.L.380-1987(ss), SEC6. Amended by P.L.22-1988, SEC8; P.L.17-1991, SEC10;
P.L.192-2002(ss), SEC124; P.L.1-2003, SECA5.
The Mayor of Jeffersonville submitted a Capital Improvement plan to the Clark County Auditor
on or about March 30, 2004 (Attached). The submitted plan is for a period of twenty-four (24)
months and meets the requirement that the plan include proposed spending on capital
improvement projects the cost of which is at least seventy-five percent (75%) of the fractional
amount certified distribution expected to be received by the city in that period of time. The plan
also includes general descriptions of the projects.
The City Clerk-Treasurer is required to deposit monies received as the City's Distributive Share
of the EDIT revenue in an economic development income tax fund. The monies in this fund are
to be spent pursuant to the plan under the restrictions provided in I.C. 6-3.5-7-13.1 which states:
Ie 6-3.5-7-13.1
Economic development income tax funds; deposits; uses
Sec. 13.1. ( a) The fiscal officer of each county, city, or town for a county in which the county
economic development tax is imposed shall establish an economic development income tax fund.
Except as provided in sections 23, 25, 26, and 27 of this chapter, the revenue received by a
county, city, or town under this chapter shall be deposited in the unit's economic development
income tax fund.
(b) Except as provided in sections 15,23,25,26, and 27 of this chapter, revenues from the
county economic development income tax may be used as follows:
(1) By a county, city, or town for economic development projects, for paying, notwithstanding
any other law, under a written agreement all or a part ofthe interest owed by aprivate developer
or user on a loan extended by a financial institution or other lender to the developer or user if the
proceeds of the loan are or are to be used to finance an economic development project, for the
retirement of bonds under section 14 of this chapter for economic development projects, for
leases under section 21 of this chapter, or for leases or bonds entered into or issued prior to the
date the economic development income tax was imposed if the purpose of the lease or bonds
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would have qualified as a purpose under this chapter at the time the lease was entered into or the
bonds were issued.
(2) By a county, city, or town for:
(A) the construction or acquisition of, or remedial action with respect to, a capital project for
which the unit is empowered to issue general obligation bonds or establish a fund under any
statute listed in IC 6-1.1-18.5-9.8; .
(B) the retirement of bonds issued under any provision ofIndiana law for a capital project;
(C) the payment oflease rentals under any statute for a capital project;
(D) contract payments to a nonprofit corporation w):lOse primary corporate purpose is to assist
government in planning and implementing economic development projects;
(E) operating expenses of a governmental entity that plans or implements economic development
projects;
(F) to the extent not otherwise allowed under this chapter, funding substance removal or remedial
action in a designated unit; or
(G) funding of a revolving fund established under IC 5-1-14-14.
(c) As used in this section, an economic development project is any project that:
(1) the county, city, or town determines will:
(A) promote significant opportunities for the gainful employment of its citizens;
(B) attract a major new business enterprise to the unit; or
(C) retain or expand a significant business enterprise within the unit; and
(2) involves an expenditure 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;
(1) equipment;
(J) furnishings;
(K) facilities;
(L) administrative expenses associated with such a project, including contract payments
authorized under subsection (b )(2)(D);
(M) operating expenses authorized under subsection (b)(2)(E); or
(N) to the extent not otherwise allowed under this chapter, substance removal or remedial action
in a designated unit;
or any combination ofthese.
As added by P.L.1-1990, SEC.81. Amended by P.L.17-1991, SEC.9; P.L.44-1994, SEC.8;
P.L.27-1995, SEC.6; P.L.124-1999, SEC.2; P.L.192-2002(ss), SEC.123; P.L.224-2003,
SEC.256.
These expenditures are subject to the same budgetary requirements as all other expenditures
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made by the municipality in that they must be submitted to the Department of Local Government
Finance during the normal budgetary process. No provisions were made in the Fiscal 2005
Budget for the City of Jeffersonville for expenditures of EDIT revenues received by the City.
Any appropriations of these monies must then comply with the statutory procedures for
additional appropriations found in I.C. 6-1.1-18-5 which states:
Ie 6-1.1-18-5
Proposed additional appropriations; public hearing
Sec. 5. (a) If the proper officers of a political subdivision desire to appropriate more money for a
particular year than the amount prescribed in the budget for that year as finally determined under
this article, they shall give notice of their proposed additional appropriation. The notice shall
state the time and place at which a public hearing will be held on the proposal. The notice shall
be given once in accordance with IC 5-3-1-2(b).
(b) If the additional appropriation by the political subdivision is made from a fund that receives:
(1) distributions from the motor vehicle highway account established under IC 8-14-1-1 or the
local road and street account established under IC 8-14-2-4; or
(2) revenue from property taxes levied under IC 6-1.1;
the political subdivision must report the additional appropriation to the department of local
government finance. If the additional appropriation is made from a fund described under this
subsection, subsections (t), (g), (h), and (i) apply to the political subdivision.
(c) However, if the additional appropriation is not made from a fund described under subsection
(b), subsections (t), (g), (h), and (i) do not apply to the political subdivision. Subsections (t), (g),
(h), and (i) do not apply to an additional appropriation made from the cumulative bridge fund if
the appropriation meets the requirements under IC 8-16-3-3(c).
(d) A political subdivision may make an additional appropriation without approval of the
department of local government finance if the additional appropriation is made from a fund that
is not described under subsection (b). However, the fiscal officer of the political subdivision shall
report the additional appropriation to the department of local government finance.
(e) After the public hearing, the proper officers of the political subdivision shall file a certified
copy oftheir fmal proposal and any other relevant information to the department oflocal
government finance.
(f) When the department oflocal government finance receives a certified copy of a proposal for
an additional appropriation under subsection (e), the department shall determine whether
sufficient funds are available or will be available for the proposal. The determination shall be
made in writing and sent to the political subdivision not more than fifteen (15) days after the
department of local government finance receives the proposal.
(g) In making the determination under subsection (t), the department of local government finance
shall limit the amount of the additional appropriation to revenues available, or to be made
available, which have not been previously appropriated.
(h) If the department of local government fmance disapproves an additional appropriation under
subsection (t), the department shall specify the reason for its disapproval on the determination
sent to the political subdivision.
(i) A political subdivision may request a reconsideration of a determination of the department of
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local government finance under this section by filing a written request for reconsideration. A
request for reconsideration must:
(1) be filed with the department of local government finance within fifteen (15) days of the
receipt of the determination by the political subdivision; and
(2) state with reasonable specificity the reason for the request.
The department of local government finance must act on a request for reconsideration within
fifteen (15) days of receiving the request.
(Formerly: Acts 1975, P.L.47, SEe 1.) As amended by Acts 1981, P.L.46, SEe2; P.L.69-1983,
SEe5; P.L.57-1991, SEe 1; P.L.17-1995, SEe4; P.L.90-2002, SEe161.
Since these revenues are not derived from property taxes or the motor vehicle highway account,
there is no requirement to obtain approval from the Department of Local Government Finance
but the Fiscal Officer must report the additional appropriation to that department.
The notice requirement is stated in I.C. 5-3-1-2(b) which reads:
Ie 5-3-1-2
Public hearings or meetings, elections, and other events; requirements for publication of
notice; posting instead of publication
Sec. 2. (a) This section applies only when notice of an event is required to be given by
publication in accordance with IC 5-3-1.
(b) If the event is a public hearing or meeting concerning any matter not specifically mentioned
in subsection (c), (d), (e), (t), (g), or (h) notice shall be published one (1) time, at least ten (10)
days before the date of the hearing or meeting.
(c) If the event is an election, notice shall be published one (1) time, at least ten (10) days before
the date of the election.
(d) If the event is a sale of bonds, notes, or warrants, notice shall be published two (2) times, at
least one (1) week apart, with:
(1) the frrst publication made at least fifteen (15) days before the date of the sale; and
(2) the second publication made at least three (3) days before the date ofthe sale.
(e) If the event is the receiving of bids, notice shall be published two (2) times, at least one (1)
week apart, with the second publication made at least seven (7) days before the date the bids will
be received.
(f) If the event is the establishment of a cumulative or sinking fund, notice of the proposal and of
the public hearing that is required to be held by the political subdivision shall be published two
(2) times, at least one (1) week apart, with the second publication made at least three (3) days
before the date of the hearing.
(g) Ifthe event is the submission of a proposal adopted by a political subdivision for a
cumulative or sinking fund for the approval of the department of local government finance, the
notice of the submission shall be published one (1) time. The political subdivision shall publish
the notice when directed to do so by the department of local government finance.
(h) If the event is the required publication of an ordinance, notice of the passage of the ordinance
shall be published one (1) time within thirty (30) days after the passage ofthe ordinance.
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(i) If the event is one about which notice is required to be published after the event, notice shall
be published one (1) time within thirty (30) days after the date of the event.
G) Ifthe event is anything else, notice shall be published two (2) times, at least one (1) week
apart, with the second publication made at least three (3) days before the event.
(k) In case any officer charged with the duty of publishing any notice required by law is unable to
procure advertisement at the price fixed by law, or the newspaper refuses to publish the
advertisement, it is sufficient for the officer to post printed notices in three (3) prominent places
in the political subdivision, instead of advertisement in newspapers.
(1) If a notice of budget estimates for a political subdivision is published as required in IC 6-1.1-
17-3, and the published notice contains an error due to the fault of a newspaper, the notice as
presented for publication is a valid notice under this chapter.
(m) Notwithstanding subsection G), if a notice of budget estimates for a political subdivision is
published as required in IC 6-1.1-17-3, and if the notice is not published at least ten (10) days
before the date fixed for the public hearing on the budget estimate due to the fault of a
newspaper, the notice is a valid notice under this chapter if it is published one (1) time at least
three (3) days before the hearing.
(Formerly: Acts 1927, c.96, s.2.) As amended by Acts 1981, P.L.45, SEC.1; P.L.23-1984, SEC. 6;
P.L.36-1986, SEC.1; P.L.53-1987, SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-
1990, SEC.49; P.L.64-1995, SEC.5; P.L.153-1999, SEC.1; P.L.90-2002, SEC.14.
Additional appropriations made from EDIT Fund must then be spent according to the City's
Capital Improvement Plan, statutory purpose and budget.
The City of Jeffersonville has a Public Works Board pursuant to I.C. 36-4-9-4.
Ie 36-4-9-4
Executive departments; establishment by city legislative body; administrative functions;
termination; transfer of powers, duties, or obligations
Sec. 4. (a) The city legislative body shall, by ordinance passed upon the recommendation of the
city executive, establish the executive departments that it considers necessary to efficiently
perform the administrative functions required to fulfill the needs of the city's citizens.
(b) The head of each city department or agency is under the jurisdiction of the executive.
( c) The following departments may be established:
(1) Department of finance or administration.
(2) Department of law.
(3) Department of public works.
(4) Department of public safety.
(5) Department of parks and recreation.
(6) Department of human resources and economic development.
(7) Any other department considered necessary.
These departments shall perform the administrative functions assigned by statute and ordinance.
(d) The city legislative body may, by ordinance passed upon the recommendation of the city executive:
(1) terminate departments established under subsection (c); and
(2) transfer to or from those departments any powers, duties, functions, or obligations.
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As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.23.
The Mayor appoints the Public Works department head and board pursuant to I.C. 36-4-9-2 and
I.C. 36 4-9-8.
IC 36-4-9-2
Appointment of department heads; approval by certain boards and commissions; eligibility
Sec. 2. (a) Notwithstanding any other law, the city executive shall appoint the head of each
department established under section 4 of this chapter. However, the executive's appointment of
the head of the department is subject to the approval of any statutory board or commission
established in the department, including and limited to:
(1) the works board, if a department of public works is established;
(2) the safety board, if a department of public safety is established;
(3) the board of parks and recreation, if a department of parks and recreation is established;
(4) the city plan commission, if a planning department is established;
(5) the economic development commission, if a department of economic development is established;
(6) the redevelopment commission, if a department of redevelopment is established;
(7) the board of sanitary commissioners, if a department of public sanitation is established;
(8) the board of flood control commissioners, if a department of flood control is established;
(9) the utility service board, if a department of utilities is established;
(10) the waterworks board of trustees, if a department of waterworks is established; and
(11) the board of aviation commissioners, if a department of aviation is established.
(b) Each department head appointed under subsection (a) must have the qualifications required
by statute for that department.
(c) To be eligible to be appointed as a member of a city board established under section 5 of this
chapter, a person must be a resident of the city.
(d) This section does not apply to departments, boards, or commissions established by interlocal
cooperation agreements under IC 36-1-7 or to other joint entities established by law.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.17, SEC.22; P.L.185-1988,
SEC.2.
IC 36-4-9-8
Third class cities; appointment of officers, employees, boards, and commissions
Sec. 8. (a) This section applies only to third class cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions required by statute.
(c) The members of the board of public works and safety are the city executive and two (2)
persons appointed by the executive. IC 36-4-4-2 notwithstanding, a member may hold other
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appointive or elective positions in city government during the member's tenure. IC 36-4-11-2
applies to board member appointments under this section. The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance under IC 36-4-12 to employ a city manager,
the executive may appoint the city manager to a position on the board of public works and safety
in place of the executive.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.48; P.L.3S0-1983,
SEC.1; P.L.68-1996, SEC.6; P.L.10-1997, SEC.31.
The Board of Public Works is vested with broad responsibilities for the procurement, care and
maintenance of city owned property, both real and personal. The duties of the City Works Board
are found in I.C. 36-9-6 et.seq. and are too numerous to set out in this memorandum. However,
it is certainly reasonable to conclude that most, if not all, of the projects in the City's Capital
Improvement Plan would fall under the auspices of the Board of Public Works and would require
that board's approval and the consent and signature ofthe Mayor.
Any agreement between the City Council and the Mayor regarding allocation of EDIT revenues
to be spent in a particular manner would be in the vein of a Gentlemen's Agreement with the
understanding that the spending would require compliance with statutory budget requirements,
the approval of the appropriate department, and the consent of the Mayor.
I spoke to Charles Pride, Supervisor of Cities and Towns, Indiana State Board of Accounts
regarding the expenditure of EDIT revenue and he affirmed that if the current budget did not
include EDIT revenue expenditures that the procedures for additional appropriations, as outlined
above, must be followed.
He also confirmed the position of the State Board of Accounts that EDIT revenues must be spent
according to the Capital Improvement Plan submitted by the Mayor in addition to complying
with annual budgetary provisions. He did state that the plan may be amended with the amended
plan filed with the County Auditor.
Mr. Pride also confirmed that the expenditures from the EDIT Fund may not exceed the budgeted
amount or the Capital Improvement Plan amount unless the procedures for additional
appropriations and/or amending the Capital Improvement Plan are met. Any EDIT revenues in
the EDIT Fund which are not included in the Plan must be "banked" by the City Clerk-Treasurer
for future use.
I hope that this memorandum answers your questions concerning the appropriate use and
expenditure of EDIT revenues. If you have any further questions please do not hesitate to contact
me at your earliest convenience.
Sincerely,
tf
R. Thomas Lowe
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FEB-24-2005 THU 03:38 PM CITY CLERK TREASURER
FAX NO, 812 285 6426
P. UC!
li:XECl1TlVE ORDER NO. 2004~EO-OOl
O'f'1'HE MAYOR OF THE
C1TY OF Jf.~F'FERSONVILLE, INDIANA
An Q.r.4el' to A{lQl~t n
s.~apitnl h1J..Prlwemcgj: Plan
PLl.l;lJ.J.aJlt to I.C~::.~.5-7
WHEREAS, the Indiana General Assembly has authorized counties to impose a
county econm11ic a~vclopnh~nt income tax ("BD1T') on the adjusted gross income of
(:()lH1ty taxpayers, in accordance with I.e. 6-3.5~ 7 ("Act");
W1-lf,RUAS, th0 Clark County ("County") Council imposed EDIT at a rate of
ot1v.fourth of one p~~rc~;nt (25%) nnl1unlly on the adjusted gross income of County
L\'lI:.pa.ycrsj
WHER"EAS, the Act provides that a county, city or town which fails to adopt a
c.apital impro'Vt'.!nel\l plart rnny not receive: (1) it.s fractional amount of the celtified
di~Jti'ihutioi1 of l'.evc.nue$ from EDIT; or (2) any amount of EDIT revenues designated for
it!> 1.lF;(~ by a city ()r town in th.e collnty:
WI-um_FAS, lhc City of Jeffersonville, Indiana ("City") will be a recipient of a
distrihutive share of EDlT ("Distributive Share") upon adoption of this Capital
Imrt'OV~11lel1t Plan nnd will rec;elve. its' Dislrlbutive Share semiannually in May and
N()vt"iilh(~r fn)rn the Coonty Auditor;
.t.
wnHltEAS, tbe City (lOW de-.;;ires to use its Distributive Shares to finance certain
l'roj("cts as allthori~led l.,y tIle A('.t; and
\VHBRBAS, the City msy use its Distributive Share to finance certain capital
Ploj""t, for wb ioh gOl''''''! obligation bonds may be issue or fur which a cumulative fund
dcscribcJ. uuMjl" I.e. 6.1.1-18.5-9.8 may be established and economic development
projec,ls as ('efiuc:{! in Ole Ac~ through the issuance ofbonos or through lease financings;
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR OF THE CITY OF
JEFFERSONViLLB, n.JDIANA, 'THAT:
1. 'The Capitullmprovcmcnt Plan of tbe Mayor of the City is hereby adopted,
which phin is attached hereto as Exhibit UN'.
2. This Order shnl\ becom.e cffecHve from and after the date of its adoption.
Signed hyme on this _..--__" d~y of MarchJ 2004.
StJS"JEG FILED
l. T TO FINAL APPROVAL
H:"n '! r .~"""jt
~ ";',1\ ., ~ J~i/i/'~
At .t5.~J.:'l.I.~l!~",4.,./
JDIl OR. r:1 M.)~'r{)II).I;-ll
FEB-~4-2005 THU 03:38 PM CITY CLERK TREASURER
FAX NO. 812 285 6426
~Robeli L. Waiz, Jr.
Mayor, City of Jeff~sonville, Indiana
Atle!-\t:
l-fc,~. p~ggy wlfl.l;~t-' ..-_.- -~..-
CLerk.l'rcasurl:l', City of Jeffbrsouville, Indiana
p, UJ
FEB-24-2005 THU 03:38 PM CITY CLERK TREASURER
FAX NO. 812 285 6426
P. U4
EXHmlT "An
ECONOMIC DEVELOPMENT INCOME TAX
CA1~rrAL IMPROVEMENT PLAN
FOR THE CITY OF JEFFERSONVILLE, lNDIANA
AS ADOPTED BY THE MAYOR
Tnb'{)duction
_..........,.., ,...___tI
This dnCnmeiJifi is h,~r~by entiLled the Capiull Improvement Plan ("Plann) for the
City of Jeffersonville, Indiana ("City"). It is intended for adoption by the Mayor
("Eiecutive\'"') in conronnnncc with I.e. 6M3.5-7.
T~.cm
111(: tenll ofthe 'Plan is 24 months or 2 years from the date of its adoption.
pl aD..,QJlj(~~ti V~!i
I.e. (i..3.5-7 tcqnires the adoption of the Plan by the Executive before the City
may re~civ~ its certi Oed dh;trlbution of revenues from the cOl.mty economic development
tflJC. ('~EDrrH). The Plan must specify the u~es for W11ich the City proposes to llse EDIT
revenues.
-j.
J}~~<?dtlJi(~..rlQi. C~ci..t.11'lnd I1E~mm.'lJi~llev~\.9PU\eIlt Proiects ("Proi~cts")
()n:>jcct 1:
~~~~.rkt\..P~~'7-rjntiqg- new fin~ station
E.!i!'i1:~1{l~~~tJ:9t.~1 (~Q.g- $1,500,000
B()l}~~.t.~_fJfJ).lt\ding. general obligation bonds
pI a!.'mlm'h.D9y~roJl~'!Jlt n.llQ. Con~tT1lction Schedule-
a. I'lanlling ond development to begin jmmedialcly~ and
Q. Constructi.on to \)c;gin no later than Spnng 2004
projel)t 2:
!l~.DI~r~1Jlg,.~~ti.Dtil"!!- redevclopnlent 0 f downtown
JJ.51im,~~:~d_~rQ1~1 C9.~t- $500,000
FEB-24-2005 THU 03:39 PM CITY CLERK TREASURER
FAX NO, 812 285 6426
P. Ub
$P~I'<'~~~.Qf.rl1nQi.Ag~ general ohligation b011ds
:Pl~wnj))g.,Jl~Y.91()p11'l.(.~l1.t an~i&Jl.structLon Schedule-
tI. Planning and development to begin immediately; and
b, ConstructIon to begin no later than Spring 2004
Ilrojcct 3;
f:h:Il~.t~l n:t.~9!ipJ~.{ill- funding for t;'x.isling or new city offices
Jl~;t\1}}.g~J.I(~tf!l Cost,- $200,000
S011~:~~~:'d?n~~1Ilrnn..f',w ge[\~ral obligation bonds
}") l~.Ql~1~~,J~.sy'~lo pnl.~l ond..G.pnstnlQti.on Scbg.d1.l1e-
a. phmning and development to begin immediatelYi and
b, Consllucllon schedule unknown
Project 4:
.s~~ngillR~SCliTlI,i.QU" Strt~cts and roads
I:'::i!1rill~ttA.:IQt111 Cod- $200,000
~;o~rx.~.~'&f.JJ~)51ins- EDrf revenues
I~lalJ.ni!1g':.P~~~lopmcr!!Jlnd Co..u~1.lUctlQ.ll Scl1.c.Qule" varies
I'toj c(',t 5:
n~~1~r'11 D~i~.c.riptiJ.'l.n" Ohio River Greenway
E~thmti,f1f11otal CC!~l- $200,000
SC!!J'{~S(;\.QfJ.:\!1wi\lg" EDIT revenues
Plp.!,-~jJ\eJ?_e0':elonm,~nt U1!.LC011s,tfJ.Jci:ion Sche4}lJ~. varies
r,\)j'~ct. 6:
0.~n_~m!. J)es~riruim!" Ec.onomic Development l~rojects
J~liDm.at~~L{QJn1 ('!-Q_~t. $150,000
FEB~24-2005 THU 03:39 PM CITY CLERK TREASURER
FAX NO. 812 285 6426
P. Uo
f,ollrces..Q.f.F\!..11~J:D~- EDIT revenues
rl<\l'ln~~}J1. De:~:!tlg1)men t ~nQ.J~9J1~t;D1ctio!L$chedule- varies
Project 7:
~!~~r~9.rj.1U2-~$s':.dl1tion" Equipment and leases
~.~.t,i !J."@l~Q l'ot.9:U:o !?!- $ 7 5,000
.fl.Q1!r~~e,~ qfFIJ!1.g,i~ill- EDIT revenues
I:lnnni[lgJ~~y.~9'p'ment~.n4 Cotl~tn1Ct!9!} Sched1!J.,~- varies
Project 8:
S;.h~l(2f.;11J)Cf:1..c;.rh)1iol\- parKs and recreation
E~lhnf!,h;.~tI'qt~) Cost- $100,000
ll9}ln:;~B. QI.t.11tld!!lg- EDIT l'everlUCS
PJ.mln'ng~p~velo'p.Q1ent at)gJ:()n~t.n10110n Schedule- varies
v~ .
P.~n)(l H~~.~)f l' 1'()l~9.t.a
It is Ivxeby found t11at the Projects are economic developm.ent project!) because:
each would pl'Ori'l.otc sibrnificrmt opportunities for the gainful employment of
Jeffersonville's citizens; attract major new business enterplise to Jeffersonville and reta.in
and/or et:.pn.ncl pre~eIlt business enterprises within Jeffersonville.
.s."ty.~!)~-:fi:Y~J'.~.r!-1.~!}J ('7 5,:?])J'e~t
In aC:(~Ordlll1Ce with I.e. ('-3.5-7~151 the Plan incorporates projccts~ the cost of
which is ::"t li::ast s~'Venly..five (75%) of the certified distribution the City expects to
rl:ci.~ive during t11C term oftb.e Plan as follows:
EJo:pc-nditnn::.s for tho term ofthePlan:
project 3:
$300,000
$100,000
$400,000
Project 1:
Project 2:
FEB~24-2005 THU 03:39 PM CITY CLERK TREASURER
FAX NO. 812 285 6426
p, or
TOTAL
$400,000
$400,000
$300,000
$150,000
$200,000
$2,250,000
Ptojec.t. 4:
Project 5:
l'lroject 6:
Pl'Oje.:.~t 7~
1ln)ject 8~
City Cerlifieil Distribution for the term ofthe Plan:
2004: $1,500,000 (estimated)
2005: $1,500,000 (estimated)
Total City Certified Dh,:;tribltlion for the tC1nl of the Plan: $3,000,000
Pcn"';<.':ut.~f~(l of Cerl;U,c(l Distribution allocated to Projects for the tenn of the Plan:
75%.
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EXECUTIVE ORDER NO. 2004-EO-OOl
OF THE MAYOR OF THE
CITY OF JEFFERSONVILLE, INDIANA
An Order to Adopt a
Capital Improvement Plan
Pursuant toI.C. 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 I.C.6-3.5-7 ("Act");
WHEREAS, the Clark County ("County") Council imposed EDIT at a rate of
one-fourth of one percent (.25%) annually on the adjusted gross income of County
taxpayers;
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; or (2) any amount of EDIT revenues designated for
its use by a city or town in the county;
WHEREAS, the City of Jeffersonville, Indiana ("City") will be a recipient of a
distributive share of EDIT ("Distributive Share") upon adoption of this Capital
~ Improvement Plan and will receive its Distributive Share semiannually in May and
November from the County Auditor;
. WHEREAS, the City now desires to use its Distributive Shares to finance certain
projects as authorized by the Act; and
WHEREAS, the City may use its Distributive Share to finance certain capital
projects for which general obligation bonds may be issue or for which a cumulative fund
described under I.C. 6-1.1-18.5-9.8 may be established and economic development
projects as defined in the Act, through the issuance of bonds or through lease financings;
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR OF THE CITY OF .
JEFFERSONVILLE, INDIANA, THAT:
1. The Capital Improvement Plan of the Mayor of the City is hereby adopted,
which plan is attached hereto as Exhibit "A".
2. This Order shall become effective from and after the date of its adoption.
-2 ()'"tA
Signed by me on this J day of March, 2004.
FILED
SUBJECT TO FINAL APPROVAL
MAR 3 0 200~
~~d!/1.4AJ
AUDITOR, CLARK COUNlY >.<
%!:i~::
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'it,@>
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Hon. Robert L. Waiz, .
Mayor, City of Jeffersonville, fu.diana
Attest:
~ b.2Y~~fJ
Hon. Wilder
Clerk-Treasurer, City of Jeffersonville, fu.diana
.~
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EXHIBIT "A"
., '.
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ECONOMIC DEVELOPMENT INCOME TAX
CAPITAL IMPROVEMENT PLAN
FOR THE CITY OF JEFFERSONVILLE, INDIANA
AS ADOPTED BY THE MAYOR
Introduction
This documents is hereby entitled the Capital Improvement Plan ("Plan") for the
City of Jeffersonville, Indiana ("City"). It is intended for adoption by the Mayor
("Executive") in conformance with I.C. 6-3.5-7.
Term
The term of the Plan is 24 months or 2 years from the date of its adoption.
Plan Obiectives
I.C. 6-3.5-7 requires the adoption of the Plan by the Executive before the City
may receive its certified distribution of revenues from the county economic development
tax ("EDIT"). The Plan must specify the uses for which the City proposes to use EDIT
, revenues.
Description of Capital and Economic Development Projects ("Proiects")
Project I:
General Description- new fire station
Estimated Total Cost- $1,500,000
Sources of Funding- general obligation bonds
Planning, Development and Construction Schedule-
a. Planning and development to begin immediately; and
b. Construction to begin no later than Spring 2004
Project 2:
General Description- redevelopment of downtown
Estimated Total Cost- $500,000
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Sources of Funding- general obligation bonds
Planning. Development and Construction Schedule-
a. Planning and development to begin immediately; and
b. Construction to begin no later than Spring 2004
Project 3:
General Description- funding for existing or new city offices
Estimated Total Cost- $200,000
Sources of Funding- general obligation bonds
Planning. Development and Construction Schedule-
a. Planning and development to begin immediately; and
b. Construction schedule unknown
Project 4:
General Description- Streets and roads
Estimated Total Cost- $200,000
Sources of Funding- EDIT revenues
Planning. Development and Construction Schedule- varies
Project 5:
General Description- Ohio River Greenway
Estimated Total Cost- $200,000
Sources of Funding- EDIT revenues
Planning. Development and Construction Schedule- varies
Proj ect 6:
General Description- Economic Development Projects
Estimated Total Cost- $150,000
.~@
}~
~
~"r' .14
Project 4: $400,000
., Project 5: $400,000
,
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Project 6: $300,000
Project 7: $150,000
Proj ect 8: $200,000.
TOTAL $2,250,000
City Certified Distribution for the term of the Plan:
2004:
$1 ,500,000 (estimated)
2005:
$1 ,500,000 (estimated)
Total City Certified Distribution for the term of the Plan: $3,000,000
Percentage of Certified Distribution allocated to Projects for the term of the Plan:
75%.
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