Ordinance No 11-11

Porter County Board of Commissioners

An Ordinance Establishing the Dunes

Kankakee Trail Fund

Whereas, the Porter County Board of Commissioners adopted the Porter County Municipal Code on Tuesday, December 2, 1997 pursuant to Ordinance No. 97-38; and

WHEREAS, the Porter County Board of Commissioners has deemed it necessary to pass a new ordinance for inclusion in the Porter County Municipal Code; and

WHEREAS, I.C. 36-1-3-2 grants the Board of County Commissioners all the powers that they need for the effective operation of government as to local affairs; and

WHEREAS, I.C. 36-1-3-6 states that if there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Board of County Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and

WHEREAS, the Porter County Board of Commissioners has deemed it necessary to establish a fund entitled “Dunes Kankakee Trail Fund Ordinance”: for the deposit of said fees generated as a result of the fee schedule adopted by the Porter County Board of Commissioners;

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:

1: Title 3, Revenue and Finance in the Porter County Municipal Code is hereby amended through the addition of Chapter 3.25 entitled Ordinance Establishing a Fund for Deposit of Federal Grant Funds for the Dunes Kankakee Trail.

2. That Section 3.25.010 is added to the Porter County Municipal Code to read as follows:

3.25.010 Fund Established

The Board of Commissioners has determined that a need exists for the creation of a fund for deposit of Federal Grant Funds whereby all revenues received by Porter County for the Dunes Kankakee Trail as a result of the grant reimbursements shall be deposited in said fund.

3. That Section 3.17.020 Use of Revenue is added to the Porter County Municipal Code to read as follows:

3.25.020 Use of Revenue

The funds received and deposited in the Dunes Kankakee Trail Fund can be used only for the specific purposes set forth in this chapter. The funds received and deposited in the Dune Kankakee Trail Fund shall be expended exclusively for the reimbursement of Porter County Economic Development Income Tax (CEDIT) Project 265 (Dunes Kankakee Trail) and at the discretion of the Porter County Board of Commissioners.

The fees received and deposited in said fund can be utilized at the discretion of the Porter County Board of Commissioners for any purpose reasonably related to the Dunes Kankakee Trail.

The funds deposited in the Dunes Kankakee Trail Fund are subject to appropriation by the Porter County Council.

4. That Section 3.25.030-Termination of Fund, Transfer of Funds is added to the Porter County Municipal Code to read as follows:

3.25.30 Termination of funds, Transfer of Funds

The Dunes Kankakee Trail Fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Porter County Board of Commissioners. If and when a subsequent ordinance is passed to terminate the life of this fund the balance existing, if not otherwise provided for by ordinance shall revert to the Porter County General Fund.

This ordinance passed and adopted this 2nd day of August, 2011.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy A. Adams

Carole M. Knoblock

Attest: Robert J. Wichlinski, Auditor

I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document unless required by law.

Robert W. Thompson, Jr., AICP

Executive Director/County Planner

(August 5, 2011)