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HomeMy WebLinkAboutExecutive Order / Edit PlanEXECUTIVE ORDERNO. 2004-EO-001 OF TIlE MAYOR OF CITY OF JEFFERSONVILLE, INDIANA An Order to Ado t a Capital Improvement Plan Pursuant to I.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 falls 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 ("Dis~ibutive Share") upon adoption of this Capital Improvement Plan and will receive its' Distributive Share semiannually in May and November frdm 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.$ 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 JEFFEKSONVILLE, 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 al[er the date of its adoption. Signed by me on this day of March, 2004. RLED SUBJECT TO FINAL APPROVAL AUDITOR. P,I Hon. Robert L. Waiz, Jr. Mayor, City of Seffersonville, Indiana Attest: Hon. Peggy Wilder Clerk-Treasurer, City of Jeffersonville, Indiana EXHIBIT "A' 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 Seffersonville, 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. I.C. 6-3.5-7 requires the adoPtion of the Plan by the Executive before the City may receive its Certified dism'butien of revenues from the county economic development tax ("EI~IT"), The Plan must specify the uses for which the City proposes to use EDIT revenues. Description of Capital and Economic Development Proiects( Prol ') Project 1: 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: ~- redevelopment of downtown Estimated Total Cost- $500,000 Source- general obligation bonds plannin~'.~ Development and Construction Schedule- a. Planning and development to begin immediately;, and b. Construction to begin no later than Spring 2004 Project 3: General Deseri tion- funding for existing or new city offices Estimated Total Cost- $200,000 Source- general obligation bonds Pla~nln~i Development and Construction Schedule~ a. Planning and development to begin immediately; and b. Construction schedule unknown Project 4: General Deseri tion- Streets and roads Est~ated Total Cost- $200,000 ~- EDIT revenues Planning, Development and Construction Schedule- varies Project 5: General Description- Ohio River Green.way .Estima et d Total Cost- $200,000 Source~' EDIT revenues Planning, Development and Construction Schedule- varies Project 6: ~- Economic Development Projects Estimated Total Cost- $150,000 Source- EDIT revenues p~nn~,a~ Development and Construction Schedule- varies Project ?: General Description- Equipment and leases Estimated Total Cost* $75,000 _Sources of~o EDIT revenues planning, Development and Construction Schedule- varies Project 8: General Descn' fi~_~.q? parks and recreation Estimated Total Cost- $100,000 Sources of Funding- EDIT revenues Plan~ln~ Development and Cons~a'uction Schedule- varies P oses of Pro'ects It is hereby found that the Projects are economic development projects because: eneh would promote significant opportunities for the gainful employment of Jeffersonville's citizens; attract major new business enterprise to Jeffersonville and retain and/or expand present business enterprises within Jeffersonville. Seventh-five Percent (?5%) Test In accordance with I.C. 6-3.5-7-15, the Plan incorporates projects, the cost of which is at least seventy-five (75%) of the certified distribution the City expects to receive during the term~ofthe Plan as follows: Expenditures for the term of the Plan: Project 1: $300,000 Project 2: $ I00,000 Project 3: $400,000 75%. Project 4: $400,000 Project 5: $400,000 Project 6: $300,000 Project 7: $150,000 Project $: $200,000 TOTAL $2,250,000 City certified Distribution for the t¢~ui 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: EXECUTIVE ORDER NO. OF THE MAYOR OF THE 'CITY OF JEFFERSONVILLE, INDIANA An Order to AdOpt a Capital Improvement Plan Pursuant to I.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 Jeffersonvitle, 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 LC. 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. Signed by me on this day of March, 2004. Hon. Robert L. Waiz, Jr. Mayor, City of Jeffersonville, Indiana Attest: Hon. Peggy Wilder Clerk-Treasurer, City of Jeffersonville, Indiana EXHIBIT "A" 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 m use EDIT revenues. Description of Capital and Economic Development Proiects ("Proiects") Project 1: General~- Construction of new east end fire station and police sub- station. ; Estimate_d Total Cost- $1,500,000 Source~- Gene~ ~l:>~' Planning, Development and Construction Schedule- a. Planning and development to begin immediately; and b. Construction to begin no later than May 1, 2005. Project 2: General Descri tp.~_g- Redevelopment construction of public parking lot. of 300 block of Spring including Estimated Total Cost- $500,000 Sources oI Fun(lin - t:ie~o,, ,~,,,,~ .......... Planning, Development and Construction Schedule- a. Planning and development to begin immediately; and b. Construction to begin no later than October 1, 2004. Project 3: General~' widening of Hamburg Pike Estimated Total Co_.!st- $1,000,000 Sources of Funding- Gener~t bvM t~,~;>~.'X' Planning, Development and Constmcfion Schedule- a. Planning and development to begin immediately; and b. Construction to begin no later than May 1, 2004. Purposes of Proiects It is hereby found that the Projects are economic development projects because: each would promote significant opportunities for the gainful employment of Jeffersonwlle citizens; attract major new business enterprise to Jeffersonville and retain and/or expand present business enterprises within Jeffersonvnille. Seventy-five Percent (75%) Test In accordance with I.C. 6-3.5-7-15, the Plan incorporates projects, the cost of which is at least seventy-five (75%) of the certified distribution the City expects to receive during the term of the Plan as follows: Expenditures for the term of the Plan: Project 1: $1,500,000 Project 2: $500,000 Project 3:$1,000,000 TOTAL $3,000,000 City Certified Distribution for the term of the Plan: 2004: $2,000,000 (estimated) 2005: $2,000,000 (eStimated) Total City Certified Distribution for the term of the Plan: $4,000,000 Percentage of Certified Distribution allocated to Projects for the term of the Plan: Seventy-seven (75%). LEXSEE 2005 IND. SB 100 INDIANA ADVANCE LEGISLATIVE SERVICE STATENET Copyright © 2005 by Information for Public Affairs, Inc. INDIANA 114TH GENERAL ASSEMBLY -- FIRST REGULAR SESSION SENATE ENROLLED ACT NO. 100 2005 Ind. SEA 100 BILL TRACKFNG SUMMARY FOR THIS DOCUMENT SYNOPSIS: AN ACT to amend the Indiana Code concerning taxation. NOTICE: lA> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <Al [D> Text within these symbols is deleted <D] To view the next section, type .np* TRANSMIT. To view a specific section, transmit p* and the section number, e.g. p* 1 Be it enacted by the General Assembly of the State of Indiana: [*1] SECTION 1. IC 6-3.5-6-19 IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY 1, 2005): Sec. 19. (a) Except as provided in sections 18(e) and 18.5(b)(3) of this chapter, in determining the fractional share of dis- tributive shares the civil taxing units of a county are entitled to receive under section 18 of this chapter during a calendar year, the department of local government finance shall consider only property taxes imposed on tangible property sub- ject to assessment in that county. (b) In determining the amount of distributive shares a civil taxing unit is entitled to receive under section 18(g) of this chapter, the department of local government finance shall consider only the percentage of the civil taxing unit's budget that equals the ratio that the total assessed valuation that lies within the civil taxing unit and the county that has adopted the county option tax bears to the total assessed valuation that lies within the civil taxing unit. (c) The distributive shares to be allocated and distributed under this chapter: lA> (1) <A] shall be treated by each civil taxing unit as additional revenue for the purpose of fixing ID> its <D] lA> THE CIVIL TAXING UNIT'S <Al budget for the budget year during which the distributive shares ID> is <DJ lA> ARE <A] to be distributed to the civil taxing unit; lA> AND <Al lA> (2) MAY BE USED FOR ANY LAWFUL PURPOSE OF THE CIVIL TAXING UNIT. <A] (d) In the case ora civil taxing unit that includes a consolidated city, its fiscal body may distribute any revenue it receives under this chapter to any governmental entity located in its county except an excluded city, a township, or a school corporation. [*2] SECTION 2. IC 6-3.5-7-13.t IS AMENDED TO READ AS FOLLOWS (EFFECTIVE JULY l, 2005): 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 devel- opment income tax may be used as follows: Page 2 ~ -~- ....... -2'(~-fn~"SEA 100, * (1) By a county, city, or town for ecoriomic development p?ojects, for paying, notwithstanding anY other law, under a written agreement all or a part of the interest owed by a privatb 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 eco- nomic development project, for the retirement of bonds under section 14 of this chapter for economic development pro- jects, for leases under section 21 of this chapter, or for leases or bonds entered into or issued prior to the date the eco- nomic development income tax was imposed if the purpose of the lease or bonds would have qualified as a purpose un- der this chapter at the time the tease 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 em- powered 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 of Indiana law for a capital project; (C) the payment of lease rentals under any statute for a capital project; (D) contract payments to a nonprofit corporation whose primary corporate purpose is to assist government in plan- ning 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 desig- nated unit; or (G) funding of a revolving fund established under IC 5-1-14-14. [A> (3) BY A COUNTY, CITY, OR TOWN FOR ANY LAWFUL PURPOSE FOR WHICH MONEY IN ANY OF ITS OTHER FUNDS MAY BE USED. <A] (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) infi'astmcture improvements; (E) buildings; (F) structures; (G) rehabilitation, renovation, and enlargement of buildings and structures; (H) machinery; (l) equipment; (J) furnishings; (K) facilities; (L) administrative expenses associated with such a project, including contract payments authorized under subsec- tion (b)(2)(D); (M) operating expenses authorized under subsection (b)(2)(E); or Page 3 2005 Ind. SEA 100, ~ (lq) to the extent not otherwise allowed under this chapter, substance removal or remedial action in a designated unit; or any combination of these. IA> (D) IF THERE ARE BONDS OUTSTANDING THAT HAVE BEEN ISSUED UNDER SECTION 14 OF THIS CHAPTER OR LEASES IN EFFECT UNDER SECTION 21 OF THIS CHAPTER, A COUNTY, CITY, OR TOWN MAY NOT EXPEND MONEY FROM ITS ECONOMIC DEVELOPMENT INCOME TAX FUND FOR A PURPOSE AUTHORIZED UNDER SUBSECTION (B)(3) IN A MANNER THAT WOULD ADVERSELY AFFECT OWNERS OF THE OUTSTANDING BONDS OR PAYMENT OF ANY LEASE RENTALS DUE. <Al HISTORY: Approved by the Governor May 4, 2005. SPONSOR: Long 1 of 1 DOCUMENT BURNS INDIANA STATUTES ANNOTATED Copyright © 2004 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved. *** (STATUTES CURRENT THROUGH 2004 REGULAR SESSION ) *** *** ANNOTATIONS CURRENT THROUGH JULY 22, 2004 *** TITLE 6. TAXATION ARTICLE 3.5. COUNTY SPECIAL TAXES CHAPTER 7. COUNTY ECONOMIC DEVELOPMENT INCOME TAX GO TO CODE ARCHIVE DIRECTORY FOR Tills JURISDICTION Burns lnd. Code Ann. ~ 6-3.5-7-13.1 (2004) STATUS: CONSULT SLIP LAWS CITED BELOW FOR RECENT CHANGES TO THIS DOCUMENT LEXSEE 2005 Ind. HEA 1120 -- See section 21. LEXSEE 2005 Ind. SEA 100 -- See section 2. § 6-3.5-7-13.1. Economic development income tax fund -- Use (a) The fiscal officer of each county, city, or town for a county in which the county economic development tax is im- posed shall establish an economic development income tax fund. Except as provided in sections 23, 25, 26, and 27 [lC 6-3.5-7-23, IC 6-3.5-7-25, IC 6-3.5-7-26, and IC 6-3.5-7-27] 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 [lC 6-3.5-7-15, lC 6-3.5-7-23, IC 6-3.5-7-25, IC 6-3.5-7- 26, and IC 6-3.5-7-27] of this chapter, revenues from the county economic development income tax may be used as follows: (I) By a county, city, or town for economic development projects, for paying, notwithstanding any other law, un- der a written agreement all or a part of the interest owed by a private 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 eco- nomic development project, for the retirement of bonds under section 14 [IC 6-3.5-7-14] of this chapter for economic development projects, for leases under section 21 [lC 6-3.5-7-21] 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 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 of Indiana law for a capital project; (C) the payment of lease rentals under any statute for a capital project; (D) contract payments to a nonprofit corporation whose 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 Page 2 Bums Ind. Code Ann. § 6-3.5-7-13.1 (G) funding of a revolving fund established under lC 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) bfiildings; (F) structures; (G) rehabilitation, renovation, and enlargement of buildings and structures; (H) machinery; (I) equipment; (J) furnishings; (K) facilities; (L) administrative expenses associated with such a project, including contract payments authorized under sub- section (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 of these. HISTORY: P.L.l-1990, § 81; P.L.17-1991, § 9; P.L.44-1994, § 8; P.L.27-1995, § 6; P.L.124-1999, § 2; P.L.192- 2002(ss), § 123; P.L.224-2003, § 256. NOTES: AMENDMENTS. The 2002 amendment, effective January 1, 2003, substituted "sections 23, 25, and 26" for "section 23" in the second sentence of subsection (a); and substituted "sections 15, 23, 25, and 26" for "sections 15 and 23" in the introductory language of subsection (b). The 2003 amendment substituted "26, and 27 of this chapter" for "and 26 of this chapter" in subsections (a) and (b). EFFECTIVE DATES. P.L.192-2002(ss), § 211, declared an emergency and § 123 provided that the amendment take effect January 1, 2003. P.L.224-2003, § 285, declared an emergency and § 256 provided that the amendment take effect July 1, 2003. years following the first taxable year in which the credit is claimed. Provides that a business that relocates its corporate headquarters to a location in Indiana is entitled to a credit against its state tax liability equal to 50% of the costs incurred in relocating the headquarters. Makes technical changes. SEA 77; P.L. 104-2005 Author(s): M. Young Sponsor(s): Hinkle Citations Affected: 9-13-2-174.5; %22 Mechanic's liens on towed vehicles and disposal of abandoned vehicles. Allows an unpaid provider of towing services to obtain a mechanic's lien on a towed vehicle and sell the vehicle. Limits fees for storing abandoned vehicles. Provides that if an abandoned vehicle is sold by a person who removed, towed, or stored the vehicle, the person who previously oxvned the vehicle is not responsible for storage fees. Raises the market value limit below which a public officer is authorized to dispose of an abandoned vehicle or parts. Requires a towing service to wait 30 days before disposing of an abandoned vehicle located on its premises, and specifies a procedure for notice to the registered owner of the abandoned vehicle. Provides that a storage yard is not liable for loss or damage to a vehicle or part occurring &ting the removal, storage, or disposition of a vehicle. Makes conforming amendments. SEA JO0; P.L. 118-2005 Author(s): Long Sponsor(s): Espich Citations Affected: 6-3.5-6-19; 6-3.5-7-13.I Local option income taxes. Provides that a civil taxing unit may use the civil taxing unit~s distributive share of county option income tax revenue for any laxvful purpose. Provides that a county, city, or town may use county economic development income tax revenue for any lawful purpose. SEA 111; P..L, 29-2005 Author(s): Craycraft Sponsor(s): Alderman Citations Affected: 10-18-8-1 Local funding for Memorial Day celebrations. Provides that a county council may appropriate to a single veterans' organization that coordinates the Memorial Day celebration for the county an amount not to exceed the total amount that would be given to individual veterans' organizations in the county if the celebration were not coordinated by a single organization. SEA 149; P.L. 62-2005 Author(s): Lubbers Sponsor(s): Tort Citations Affected: 5-10; 2I-6.1-3-1 Trustees of pension funds. Adds the director of the budget agency or the director's designee to the boards of trustees of the public employees' retirement fund (PERF) and the teachers' retirement fund (T~. Sets limits of compensation for members of each board. Adds language concerning the qualifications for individuals appointed to the PE1LF board. Provides that four trustees of the PERF board constitute a quorum. Authorizes the boards of TtLF and PERF to establish by role: (1) how administrative costs of alternative investment programs may be paid; (2) certain valuation dates; (3) investment allocation increments; (4) the contribution allocations date; and (5) the annuity savings account distribution date during a month. Increases from $25,000 to $35,000 the annual amount a retired member of PERi= or TRF who has not attained the Social Security normal retirement age may earn in a covered posidon before the member's retirement benefit stops and the 2005 LA. CT Statehouse Report 23