30/11/2023
With barely any publicly announced notices--beside the obligatory post in the local newspaper (small print, not headline), the Allen County Commissioners will be holding a public hearing during their regular Friday morning meeting. The question at hand is whether it's OK for the Commissioners' newly formed shell corporation to take a mortgage out on the historic Allen County Courthouse as part of the process for paying for an unnecessarily large new jail.
Whether your concern is expanding incarceration, or demanding more transparency and engagement by our elected officials, this is another chance for your voice to be heard.
Come speak out on FRIDAY DECEMBER 1, AT 10AM in the basement of CITIZENS SQUARE.
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For anyone interested in the details, the official notice posted in the Journal Gazette on November 21, 2023 follows below:
Location- Allen County, Indiana
Notice Text
NOTICE OF HEARING ON PROPOSED LEASE BETWEEN ALLEN COUNTY, INDIANA BUILDING CORPORATION AND ALLEN COUNTY, INDIANA
You are hereby notified that on Friday, December 1, 2023, the Board of Commissioners of Allen County, Indiana, will hold a public hearing on a proposed lease to be entered into between the Allen County, Indiana Building Corporation (the Corporation ), as lessor, and Allen County, Indiana (the County ), as lessee (the Lease ), with respect to the financing of the acquisition by the Corporation of the existing Allen County Courthouse located at 715 Calhoun Street, Fort Wayne, Indiana (the Existing Real Estate ), and the financing of the acquisition, construction, improvement, and/or equipping of all or any portion of a new county jail facility to be located at 3003 Meyer Road, Fort Wayne, Indiana, and any related improvements, all to be used for the purposes of providing incarceration, community corrections, or other law enforcement or criminal justice services by the County (the New Facility Real Estate ) (clauses (1) and (2), collectively, the Project ).
Such public hearing will be held at 10:00 a.m., local time, on Friday, December 1, 2023, at Citizens Square, 200 E Berry Street, Room 035, Fort Wayne, Indiana 46802.
The leased premises (the Premises ) under the proposed lease consists of the Existing Real Estate, the New Facility Real Estate, and the Project. The proposed lease is for a term of up to twenty (20) years commencing on the date of issuance of bonds of the Corporation to finance the Project (the Bonds ). The annual lease rental will not exceed Twenty-Two Million Two Hundred Twenty Thousand Dollars ($22,220,000) payable in semiannual installments on January 1 and July 1 of each year during the term of the Lease. Each rental installment shall be based on the value of the portion of the Premises which will be complete and ready for use and occupancy by the County at the time such semi-annual installment is made. As additional rental, the County shall maintain insurance on the Premises as required in the Lease and shall pay all taxes and assessments against such property, as well as the cost of alterations and repairs. After a sale of the Bonds, the yearly rental, payable in semiannual installments on each January 1 and July 1, shall be reduced to the multiple of $1,000 next higher than the principal and interest due on the Bonds in each twelve month period commencing on July 1, plus $5,000, payable in such semiannual installments. The County shall pay such lease rentals solely from (i) the adjusted gross income tax imposed pursuant to Ind. Code 6-3.6-6-2.7, as amended, on the adjusted gross income of taxpayers in the County for correctional facilities and rehabilitation facilities in the County (the Jail LIT Revenues ), (ii) legally available revenues appropriated for such purpose including, but not limited to, revenues from the economic development component of the additional revenue derived from the expenditure rate under Ind. Code 6-3-6, if any, in an amount not to exceed Five Million Nine Hundred Twenty-Five Thousand ($5,925,000) (the County Revenues and, together with the Jail LIT Revenues, the Pledged Revenues ), and (iii) to the extent that the Pledged Revenues are insufficient to pay such amounts, from the revenues of an ad valorem tax levied by the County on all taxable property in the County pursuant to the Ind. Code 36-1-10-17 (the Property Tax Revenues ). The County reasonably expects all lease rentals to be paid from the Pledged Revenues, and not paid from the Property Tax Revenues.
The lease gives an option to the County to purchase the Premises. The Project will be used for the purposes of providing incarceration, community corrections, or other law enforcement or criminal justice services by the County.
The drawings, plans, specifications, and related information, including the estimates for the cost of providing the Project, as well as a copy of the proposed Lease, are available for inspection by the public during normal business hours, at the office of the Allen County Auditor, 1 E Main Street, Rousseau Centre, Suite 102, Fort Wayne, Indiana 46802.
At such hearing, all persons interested shall have a right to be heard upon the necessity for the ex*****on of the Lease, and upon whether the lease rental provided for therein to be paid by the County to the Corporation is a fair and reasonable rental for the Premises. Such hearing may be adjourned to a later date or dates. Following such hearing, the Board of Commissioners may authorize the ex*****on of the Lease as originally agreed upon, rescind the proposed Lease, or make modifications therein as may be agreed upon with the Corporation, but in no event may the rental exceed the amounts set forth in this notice. The Board of Commissioners may approve the ex*****on of the Lease if it finds that the service to be provided throughout the term of the Lease will serve the public purpose of the County and is in the best interests of its residents.
Dated this 21st day of November, 2023.
BOARD OF COMMISSIONERS OF ALLEN COUNTY, INDIANA