Ordinance designating territory as development zone for internet

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Preliminary Draft ORDINANCE NO. 18-___

AN ORDINANCE OF BROWN COUNTY, INDIANA,

DESIGNATION OF AN INFRASTRUCTURE DEVELOPMENT ZONE

WHEREAS, Indiana Code 6-1.1-12.5-4 et seq. authorizes the county executive to adopt an ordinance designating a geographic territory as an Infrastructure Development Zone; and

WHEREAS, Indiana Code 6-1.1-12.5-4 et seq. requires the county executive to conduct a public hearing, including the publishing of  a notice in accordance with IC 5-3-1; and

WHEREAS, Indiana Code 6-1.1-12.5-4(3) authorizes the ordinance to establish the facilities and technologies used in the deployment and transmission of broadband service once the county executive can show: (A) adequate broadband services are unavailable in Brown County;  (B) a property tax exemption is provided to a corporation as the corporation’s services will provide (i) increased availability of broadband service; and (ii) economic benefits; in the designated zoning area of Brown County; and

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the County Commissioners of Brown County, Indiana, as follows:

Section 1. Designation of an Infrastructure Development Zone. Brown County Commissioners shall adopt the following ordinance which shall read as follows:

  1. In accordance with I.C. 6-1.1-12.5-4 the County Commissioners shall establish an Infrastructure Development Zone.
  2. The Infrastructure Development Zone shall incorporate all of Brown County, including the Town of Nashville.
  3. The Infrastructure Development Zone shall provide broadband services to Brown County residents residing in the Infrastructure Development Zone.

Section 2. Publication. The county commissioner is hereby directed to file a copy of this ordinance with the appropriate entities and record the ordinance in the appropriate location.

Section 3. Conflicting Ordinances. Any ordinance or provision of any Ordinance of Brown County in conflict with the provisions of this Ordinance is hereby repealed.

Section 4. Severability. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.

Section 5. Effective Date. This Ordinance shall be in full force and effect after its passage, approval by the County Commissioners and publication as required by law.

PASSED AND ADOPTED by the County Commissioners of Brown County, Indiana, on the ________ day of _________________,2018.

COUNTY COMMISSIONERS OF BROWN COUNTY, INDIANA

ATTEST:  County Auditor

ATTACHMENT 1.

The County Commissioners have made the following findings as required by Indiana Code 6-1.1-12.5-4 and should therefore adopt this Ordinance.

Upon conducting a public hearing on the proposal of the Ordinance, the County Commissioners find:

(A) Brown County currently lacks the availability of adequate broadband services;

(B) Providing a property tax exemption to the corporation providing the broadband services through the establishment of the Infrastructure Development Zone, will increase to availability of broadband services to the affected zone area, and will provide economic development benefits to the zone area encompassing Brown County.

32022552 2/14, 2018 hspaxlp 18-23

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