(A) Established. All monies placed in the Lake County General Fund per I.C. 4-33-12-1 et seq. shall be immediately transferred to a non-reverting fund hereby established and called the Gambling Admission Tax Fund.
(Prior Code, § 37.155)
(B) Allocation of fund. All monies placed in the Lake County General Fund and the Gambling Admission Tax Fund pursuant to I.C. 4-33-12-1 et seq., and this section, after 3-1-1997, be allocated as follows:
(1) Seventy percent of the funds shall be appropriated to Lake County Government;
(2) Twenty-five percent shall be appropriated to cities and towns not covered by I.C. 4-33-12-6(b)(1), pursuant to inter-local agreements adopted by all cities and towns covered by this section; and
(3) Five percent to the Lake County Highway Department.
(Prior Code, § 37.156)
(C) Use of gambling admission tax funds by cities and towns. The 25% portion of the Gambling Admission Tax appropriated to cities and towns not covered by I.C. 4-33-12-6(b)(1) shall be used for the following.
(1) Infrastructure.
(a) Infrastructure within the city or town, and for equipment used for the construction, repair or maintenance of infrastructure including, but not limited to trucks and road working vehicles.
(b) INFRASTRUCTU RE shall be defined as streets, roads, bridges, sewers and drains, public buildings, including projects and services defined in the interlocal cooperation agreement between the cities and towns and Lake County filed with the Lake County Recorder as document number 397039517.
(2) Repayment to the county of funds received by each city and town participating in the 2% circuit breaker program established by the memorandum of understanding between Lake County and the State of Indiana dated 9-14-2004. Repayment shall be based on the formula for distribution and repayment provided in the interlocal cooperation agreement between the cities and towns and Lake County, filed with the County Recorder as document number 97039517.
(D) Lake County Highway Department Infrastructure and Equipment/Non-Reverting Lake County Highway Department Fund. Pursuant to division (B) above, 5% of the funds shall be deposited in the non-reverting Lake County Highway Department Fund, and appropriated only for infrastructure and equipment under the jurisdiction of the Lake County Highway Department. Infrastructure shall be defined as roads and bridges. Equipment shall be defined as any machinery, tools, supplies, services and processes used by the Lake County Highway in the course of their duties and responsibilities.
(Prior Code, § 37.158)
(E) Two-thirds vote. Notwithstanding I.C. 36-2-4-5 (majority vote to pass an ordinance) at least a two-thirds vote shall be necessary to amend division (B) above.
(Prior Code, § 37.159)
(F) HB 1135. Notwithstanding divisions (B) and (G) below, the allocation of the Fund and the distribution pursuant to termination of the Fund shall not apply in the event less than $1 of the Admission Tax is provided to Lake County per I.C. Title 4, Article 33, Riverboat Gambling, or subsequent amendments.
(Prior Code, § 37.160)
(G) Termination of fund. In the event of a repeal of I.C. 4-33-12-1 et seq., the balance of monies in the Gambling Admission Tax Fund shall be disbursed pursuant to the categories in division (B) above.
(Prior Code, § 37.161) (Ord. 1156A, passed 6-11-1996; Ord. 1156A-1, passed 3-25-1997; Ord. 1156A-2, passed 6-8-1999; Ord. 1156A-3, passed 9-14-1999; Ord. 1156A-4, passed 1-11-2005; Ord. 1156A-5, passed 5-9-2006; Ord. 1156A-5, passed 7-14-2009)
Editor’s note:
I.C. 4-33-12-1 was repealed by P.L. 212, Sec. 4