§ 10.24.040. Special highway fund and disbursement of fines.

A.

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

B.

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

C.

Whereas the board of county commissioners has deemed it necessary for the effective operation of government as to local affairs to create a special fund for the deposit of fines and revenues generated by the weight limit and frost law ordinances in Porter County, Indiana.

D.

It is ordered and ordained by the board of county commissioners that the revenues generated as a result of the fines from enforcement of the weight limit and frost law ordinances be deposited into a special highway fund, entitled the County Highway Overweight Vehicle Fund which fines and revenues shall be utilized specifically for the benefit of traffic safety and to maintain and preserve the county roads in Porter County.

E.

The revenues generated and deposited in the County Highway Overweight Vehicle Fund can be used only for the specific purpose set forth in this chapter, said expenditures to be split evenly between the Porter County Sheriff's Police Department and the Porter County Highway Department. The sheriff and the Porter County Highway Department Supervisor may purchase equipment deemed appropriate for traffic safety, road improvement and/or road maintenance.

F.

The revenues collected and deposited in the County Highway Overweight Vehicle Fund shall be utilized exclusively for traffic safety as well as the improvement and maintaining of county highways and shall not be utilized for any other purposes, including the payment of salaries or fringe benefits for Porter County Highway Department or Porter County Sheriff's Police employees.

G.

The county highway overweight vehicle fund herein created shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the board of commissioners; and

H.

If and when a subsequent ordinance is passed to terminate the life of the county highway overweight vehicle fund the fund balance existing, if any at that time, and if not otherwise provided for by ordinance, should be transferred to the county general fund.

(Ord. 96-4 § 5)

(Ord. No. 14-08, § 1, 6-17-2014)