ORDINANCE NO 10 03

AN ORDINANCE AMENDING ORDINANCE NO. 09-02 AN ORDINANCE ESTABLISHING AN ADVISORY PORTER COUNTY REDEVELOPMENT COMMISSION PORTER COUNTY BOARD OF COMMISSIONERS

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 Code; and

WHEREAS, I.C. 36-1-3-2 grants the Porter County Board of 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 when there is no constitutional or statutory provision requiring a specific manner for exercising a power, the Porter County Board of Commissioners may adopt an ordinance prescribing a specific manner for exercising a power; and

WHEREAS, pursuant to I.C. 36-7-14 and I.C. 36-7-25 the Porter County Board of Commissioners are authorized to establish a Department of Redevelopment to be controlled by a Redevelopment Commission consisting of five (5) members appointed by the Porter County Board of Commissioners; and

WHEREAS, the Porter County Board of Commissioners are interested in pursuing the public purposes set forth at I.C. 36-7-14 and I.C. 36-7-25; and

WHEREAS, the Porter County Board of Commissioners are interested in providing and promoting sound and planned redevelopment in unincorporated Porter County; and

WHEREAS, the Porter County Board of Commissioners desire to establish a Porter County Redevelopment Department and a Porter County Redevelopment Commission in order to develop, promote and advise the Porter County Board of Commissioners on redevelopment in the unincorporated areas of Porter County; and

WHEREAS, I.C. 36-7-14-12.2 sets forth all of the statutory powers that a Redevelopment Commission established through ordinance may lawfully have; and

WHEREAS, the Porter County Board of Commissioners recognize that state law authorizes Redevelopment Departments and Commissions to exercise the powers set forth in I.C. 36-7-14-12.2 without the prior approval from the Porter County Board of Commissioners; and

WHEREAS, the Porter County Board of Commissioners have reservations on the delegations of the power set forth at I.C. 36-7-14-12.2 to a Redevelopment Commission; and

WHEREAS, the Porter County Board of Commissioners are desirous of creating an advisory Redevelopment Commission that is governed by I.C. 36-7-14 et seq., but which Commission will be advisory to the Porter County Board of Commissioners as the Porter County Plan Commission is advisory in nature to the Porter County Board of Commissioners;

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED THAT:

1. Chapter 2.62 (Ordinance Establishing an Advisory Porter County

Redevelopment Commission) Section 2.62.010 (Established) is added to the Porter County Municipal Code to read as follows:

2.62.10 Established.

Pursuant to I.C. 36-7-14-3 the Porter County Board of Commissioners hereby establishes a Porter County Department of Redevelopment for the purposes and to exercise the powers in which are set forth in the state code and otherwise granted by law as it relates to redevelopment in the unincorporated areas of Porter County.

In addition, the Porter County Board of Commissioners hereby determines that the Porter County Department of Redevelopment will be controlled by an advisory board entitled the Porter County Redevelopment Commission. The purpose of the Porter County Department of Redevelopment and the Porter County Redevelopment Commission is to promote sound and planned redevelopment in the unincorporated areas of Porter County and advise the Porter County Board of Commissioners on such issues.

2. Chapter 2.62.020 (Purpose) is added to the Porter County Municipal Code

to read as follows:

Purpose and Duties of Advisory Commission.

The purpose of the creation of the Porter County Department of Redevelopment and the Porter County Advisory Redevelopment Commission is to promote the public purposes set forth at I.C. 36-7-14 and I.C. 36-7-25 in the unincorporated areas of Porter County.

Pursuant to I.C. 36-7-14-12.2 the Porter County Advisory Redevelopment Commission is empowered to advise and make recommendations to the Porter County Board of Commissioners on the exercised powers set forth in Section 12.2(a) 1 through 27, except as specifically set forth below:

The Porter County Redevelopment Commission shall not have the authority to exercise the following powers:

1. The Porter County Redevelopment Commission may not use eminent domain.

2. The Porter County Redevelopment Commission shall not levy a county wide property tax.

3. The Porter County Redevelopment Commission may not establish any tax increment financing districts.

3. Chapter 2.62.030 (Membership) is added to the Porter County Municipal

Code to read as follows:

2.62.30 Membership

The Porter County Department of Redevelopment will be controlled by a board of seven (7) members to be known as the Porter County Advisory Redevelopment Commission. Five (5) members shall be appointed by the Porter County Board of Commissioners and one appointment may include a Porter County Board of Commissioner; and two (2) members shall be appointed by the Porter County Council and one (1) appointment may include a Porter County Council member.

In addition, the Porter County Board of Commissioners shall appoint one (1) advisory member from the board of school corporations whose boundaries extend into the unincorporated areas of Porter County.

Therefore, the Porter County Advisory Redevelopment Commission shall consist of seven (7) members, one of which may be a Porter County Commissioner, one of which may be a Porter County Council member, and one advisory member from a school corporation whose boundaries extend into the unincorporated areas of Porter County.

Each member shall serve a two (2) year term.

4. Chapter 2.62.040 (Meetings) is added to the Porter County Municipal

Code to read as follows:

2.62.40 Meetings

The Porter County Advisory Redevelopment Commission shall meet once every month or as otherwise needed to fulfill the purposes of the act.

5. Chapter 2.62.050 (Funding) is added to the Porter County Municipal Code

to read as follows:

2.62.50 Funding

The Department of Redevelopment shall have the authority to utilize: (1) a part-time contracted executive director; (2) part-time staff persons needed to carry through on economic development opportunities; and (3) assistance from the Porter County Engineer, the Porter County Planner and Porter County Attorney, and/or other legal advisor.

This ordinance passed and adopted this 16th day of March, 2010.

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

Robert P. Harper

John A. Evans

Carole M. Knoblock

Attest: James K. Kopp, 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.

Viola Wagner

(March 19, 2010)