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Legal Notice – Ordinance 2023-04, Establish Non-Reverting Fund, Innkeepers Tax

ORDINANCE 2023-04

 

PARKE COUNTY COUNCIL, PARKE COUNTY, INDIANA

 

AN ORDINANCE TO ESTABLISH A NON-REVERTING FUND

FOR THE COLLECTION AND DISTRIBUTION OF INNKEEPERS TAX

 

WHEREAS, Parke County, Indiana (“Parke County”), may, pursuant to Indiana law (IC 36-1-8-12), enact ordinances for the effective governance of its departments: and

 

WHEREAS, the Parke County Council, Parke County, Indiana (“Council”)  desires to establish a non-reverting fund pursuant to the Memorandum of Understanding (“MOU”) between the Council and the Parke County Convention & Visitors Commission (“CVC”) for the collection and distribution of the incremental Innkeepers Tax, effective June 30, 2023; and

 

WHEREAS, the non-reverting fund shall be designated as the “Innkeepers  Tax Fund” (“Fund”); and proceeds shall be distributed  to Parke County fire departments actively engaged in first responder activities as set forth below; and

 

WHEREAS,  Parke County shall deposit in the Fund twenty-five percent (25%) of the monies received from the State of Indiana for the Innkeepers Tax, and such funds shall not revert to the County general fund but shall be held over from year to year.

 

NOW, THEREFORE, BE IT ORDAINED BY THE PARKE COUNTY COUNCIL OF PARKE COUNTY, INDIANA, AS FOLLOWS:

 

Section 1. There is hereby established a fund to be known as the Innkeepers Tax Fund (Fund No. 4910) to be maintained separate and apart from all other funds of the County. Should the Innkeepers Tax Fund discontinue and all qualifying distributions have been paid, the remaining monies within the fund will revert as prescribed by state law.

 

Section 2. The Fund shall consist of twenty-five percent (25%) of all monies received from the collection of the Innkeepers Tax, effective August I, 2023, and be distributed  to qualifying local fire departments actively engaged in providing first responder services pursuant to the formula stated in Section 3, below.

 

Section 3. The money in the Fund shall be distributed to any local fire departments that engage in first responder runs. The number of first responder runs made in the preceding three (3) years will be provided by the Parke County EMA, with runs to State owned property or buildings counted twice. Each fire department providing first responder services shall be assigned a percentage based upon the total number of first responder runs for the preceding three (3) years and the fire department shall receive their proportionate share of the monies collected in the Fund. Any fire department that discontinues providing first responder services shall be ineligible to receive money from the Fund. Monies collected in the Fund shall be distributed pursuant to the formula the ensuing calendar year. Monies in the Fund shall not revert to the County General Fund at the end of each calendar year, but shall be held over from year to year, for the purposes established by this Ordinance.

 

Section 4. If, after the effective date of this Ordinance, state statute requires the mandatory distribution of Public Safety Local Income Tax (PSLIT) to fire departments or

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entities not currently required to receive such funds, the Parke County Council may alter, amend, or repeal this Ordinance, in conformity with Indiana law, to reallocate the distribution of funds to effectuate the purposes herein.

 

Section 5. If’ All prior ordinances and parts of ordinances in conflict herewith are hereby repealed.

 

Section 6. This ordinance shall be in full force and effect from and after its passage by the Parke County Council as provided for in Indiana law.

 

ALL OF WHICH IS ORDAINED  AND ADOPTED this 14th day of September,  2023 by the Parke County Council, Parke County, Indiana.

 

PARKE COUNTY COUNCIL

John Pratt, President      Date: 9/14/23

Roy Wrightsman             Date: 9/14/23

Jack Butler                     Date: 9/14/23

Cameron Martin             Date: 9/14/23

Rick Patton                    Date: 9/14/23

Jim Howard                    Date: 9/14/23

Thomas Rohr                   Date: 9/14/23

 

Attest:

Mary Anne Wood, Parke County Auditor                          Date: 9/14/23

 

MOTION TO ADOPT

PARKE COUNTY ORDINANCE 2023-04 ON SAME DAY AND AT SAME MEETING

 

It is hereby moved that the proposed Ordinance, hereto attached may be considered, put upon its passage, and adopted on this same day and at this same meeting where it has first been introduced.  We, the undersigned members of the Parke County Council, being all the members present at this time, hereby unanimously adopt this motion and consent to said action on the proposed ordinance per I.C. 36-2-4-7.

 

Dated this                 14th day of September, 2023.

 

John Pratt, President

Roy Wrightsman, Vice President

Jack B Butler

James E Howard

Rick Patton

Tom Rohr

Cameron Martin

 

ATTEST:

Mary Anne Wood

Parke County Auditor