OF EAST ALLEN COMMUNITIES
I. PREAMBLE
This plan for reorganization is made pursuant to House Enrolled Act No. 1362 (I.C. 36-1.5-1 et seq.) to promote modernization of government and to promote cooperation, efficiency, and better government.
The East Allen Communities entity participating in this plan for reorganization desires to:
a) maintain and enhance their rural, agrarian, and animal husbandry lifestyle;
b) maintain and enhance their small-town and small-city heritage;
c) maintain and enhance their strong religious and moral heritage and principles;
d) enable the Old Order Amish Community to maintain its religious freedoms & lifestyles; and
e) maintain and enhance their self-destiny as to all matters important to them.
II. NAME
The name of the new political subdivision being organized shall be “East Allen Communities” which may be referred to herein as EAC.
III. PARTICIPATING ENTITIES
The entities associating themselves under this plan of reorganization are as follows:
a) Townships:
Adams, Cedar Creek, Jackson, Jefferson, Madison, Marion, Maumee, Milan, Monroe, Scipio, Springfield
b) Towns:
Grabill, Harlan, Hoagland, Leo-Cedarville, Monroeville, Poe
c) Cities:
New Haven and Woodburn
And further, by associating themselves together under the plan of reorganization, they seek to maintain and enhance cooperation and efficiency between the associated units of government for services and functions including, but not limited to, the following:
police protection
fire protection
emergency medical service
roads, streets, and bridges
sanitary sewers
storm sewers and rural drainage
planning, zoning, land use, and building standards
parks and recreation
health protection and pollution control
utility services
such other services and functions that may presently or hereafter be deemed desirable or necessary by the associated governmental units
IV. BOUNDARIES
The boundaries of East Allen Communities are as follows:
The outer boundaries of the existing boundaries of the participating entities set forth above constitute the description of the boundaries of EAC. For purposes of explanation, those boundaries shall coincide with the boundaries of the East Allen School Corporation except as the School Corporation’s boundaries presently are incorporated within the City of Ft. Wayne. See annexed Exhibit A.
The boundaries of EAC are independent and autonomous for EAC, and areas within the boundaries of EAC are not subject to annexation by any other political subdivision outside EAC.
V. GENERAL DESCRIPTION OF REORGANIZATION – AND ITS GOVERNING BODIES AS SET FORTH
There shall be a nine (9) member Common Council which is the legislative and fiscal body, and there shall be a three (3) member executive branch called Steering Committee Branch. In addition, the existing Township Trustees and Advisory Boards for the Trustees and the Cities and Towns and their boards or councils shall remain and function under the Steering Committee Branch and Legislative-Fiscal bodies of EAC.
EAC shall be a political subdivision under Indiana law HB-1362, with the right to sue and be sued, and with all the rights, powers, privileges, grants, and immunities necessary under law to carry out its purposes within its new borders described in Exhibit “A”.
EAC is an independent political subdivision and shall apply and be a recipient of county option taxes, such as COIT, CEDIT, MVR, LR, SETA, grants, etc., and will be subject to review
VI. COMMON COUNCIL – ELECTION PROCEDURES
EAC Common Council shall consist of nine (9) members. The nine (9) members are elected by the residents of the respective areas as follows:
a) one (1) from Adams Township;
b) one (1) from Cedar Creek Township;
c) one (1) from Monroe and Jackson Townships;
d) one (1) from Jefferson Township;
e) one (1) from Madison Township;
f) one (1) from Marion Township;
g) one (1) from Scipio and Maumee Townships;
h) one (1) from Milan Township;
i) one (1) from Springfield Township.
The Common Council shall function as the legislative and fiscal body.
The councilmen must reside within and be elected from the township in which they reside during their tenure in office.
EAC will pay each qualified councilman annual compensation, predicated upon budgetary constraints which may be paid in monthly or periodic installments as determined by the Common Council.
The Common Council will be elected. It may appoint officers. It shall conduct meetings in accordance with rules and regulations subject to the founding statute of EAC and its Executive Advisory Board. If a Common Council person defaults his membership during his or her term of office, the vacancy shall be filled after appropriate party caucus until the next election.
VII. EXECUTIVE BRANCH
There shall be an executive branch consisting of three (3) executives who shall be elected by the residents from the areas as set forth herein. The Board of three (3) executives shall hereinafter be called: the Steering Committee Branch, referred to as the Executive Head of EAC.
The three (3) EAC Steering Committee Branch must reside and have interest and loyalty within EAC boundaries. One Steering Committee Branch executive will be elected from each of the three (3) districts as set forth in: (see defined district exhibit for these three (3) elected offices).
EAC will pay each Executive an appropriate annual salary, which may be paid monthly or in periodic installments as determined by the Common Council, subject to the founding statute of EAC, and it’s Executive Advisory Board.
The Steering Committee Branch of EAC shall administer and implement the laws and functions established by the legislative body, subject to the founding statute of EAC, and it’s Executive Advisory Board.
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The Steering Committee Branch may appoint officers and shall conduct meetings in accordance with rules and regulations, subject to the founding statute of EAC, and it’s Executive Advisory Board.
VIII. COOPERATION OF ENTITIES
Cities and towns within the boundaries of EAC continue in existence “as is”. Cities and towns within EAC may have contract services with EAC and with each other as determined from time to time. EAC may also contract services with any other entity outside its confined borders of EAC if such desire or opportunity shall exist.
IX. SERVICES
Part A.
EAC is authorized and empowered to provide services for the following:
a) roads, streets, and bridges
b) planning & zoning & land use, including agricultural and rural land preservation efforts
c) fire protection services
d) emergency medical services and safety services
e) building department and building standards
f) health protection, health department, and pollution control
g) police protection
h) sanitary sewers
i) storm sewers and rural drainage
j) parks and recreation
k) utility services
l) historical and community heritage preservation
m) such other services and functions that may be deemed desirable or necessary by EAC to promote the goals and objectives of EAC
Part B.
Areas within EAC boundaries would initially be governed, as to land use, by the terms of the then existing Allen County Master Plan and its Zoning Ordinance; however the Plan and Ordinance would be provisionally administered by contract with existing units having zoning authority within EAC or with a body created by EAC for this purpose until such time as EAC follows the procedure for adopting its own comprehensive plan and zoning ordinances. EAC may contract with other entities for enforcement of zoning it adopts. Since EAC has adopted its resolution on April 17, 2006, it will remain under existing land use and zoning laws prior to said date.
Part C.
The existing Township Trustees and Advisory Boards continue in existence. Provided, however, Township Trustees and Advisory Boards may enter into cooperative agreements and share services under EAC recommendations or on their own as provided by law.
A three (3) member appointed Advisory Board will serve in the background, over and above the three (3) Steering Committee Branch executive, and shall on a timely basis examine or audit the books and records of EAC, to see if EAC is pursuing the goals and objectives of EAC and to assure there is no abuse of conduct, budget expenditures, and the preamble.
The 11 Township Trustees shall appoint a three (3) member voluntary Advisory Board during the election of any of the three (3) Steering Committee Branch Executives. Should the Steering Committee executive default his membership during his election, the Township Trustees will appoint a replacement from the Advisory Board to serve on the Steering Committee until the next election occurs.
Part D.
The cities and towns within the boundaries of EAC continue in existence.
Under the recommendation of EAC or on their own as provided by law, cities and towns may enter into cooperative agreements and share services.
X. TAXES
The taxing area of EAC is the area within the boundaries of EAC except as otherwise incorporated within the municipal boundaries of the City of Ft. Wayne.
EAC shall submit budgets as required by law for political subdivisions.
EAC shall propose tax levies to the Indiana Department of Local Government Finance. EAC shall adjust the maximum permissible property tax levies, and property tax rates and budgets as determined necessary by the Department of Local Government Finance. EAC does not waive any right to challenge any determination of the Department of Local Government Finance.
Areas within EAC boundaries shall not be subjected to duplicate taxes by another government entity for the same goods or services EAC provides.
XI. PERSONNEL
EAC may delegate ministerial functions to employees and/or subcontractors. For example, it is contemplated that EAC will maintain its own Health officer(s) and/or Building officer(s). These functions as well as other EAC wide functions would be paid for with common funds. Otherwise, it is contemplated that existing political subdivisions will be responsible for staffing and compensating their respective staffs pursuant to current custom.
XII. AGREEMENTS
EAC reserves the right, where it deems necessary, to enter into either interlocal or cooperative agreements in and among its constituent members in order to carry forward the goal of efficient self-governance and to preserve the qualities set forth in the preamble of this Plan of reorganization.
XIII. ASSETS
EAC shall derive its assets from any real or personal property hereinafter donated by its constituent members and by purchase from common funds. Otherwise, assets owned by the participating political subdivisions shall remain the property of the participating political subdivisions.
XIV. ADOPTION
This plan will become effective upon adoption by the participating entities as provided by law following completion of the process outlined in HEA 1362, I.C. 36-1.5-1.
Plan proposal date: February 5, 2007
- DEFINITION OF ALL WORDS USED IN EAC FOUNDING STATUTE
Words used in this Plan of Reorganization are to be given their customary and ordinary meaning unless otherwise indicated; EAC as an autonomous political subdivision reserves the right to provide additional or other definitions as warranted.
There were about 75 people who attended this will give a general idea of what was discussed. A lot of information in the form of papers, maps and diagrams were passed out and we will print that if we get the software copies. New Haven Mayor, Terry McDonald did most of the speaking for the group as did the attorney to his right. Many members of the audience had questions and concerns about the plan is to develop some sort of confederated municipality covering the eastern half of Allen County. The plan is expected to allow for much autonomy for the individual communities. 