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HomeMy WebLinkAboutD-2559-20_Sidewalk_Program_Non-Reverting_Fund_OrdinanceSponsors: Councilors Finkam, Aasen and Rider This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 11/12/20 at 4:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. ORDINANCE D-2559-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, ADDING CHAPTER 2, ARTICLE 4, SECTION 2-151 TO THE CARMEL CITY CODE Synopsis: Establishes a non-reverting fund for the Carmel Sidewalk Program, which provides grants to eligible Carmel residents to re-surface their sidewalks. WHEREAS, the Common Council of the City of Carmel, Indiana is, pursuant to Indiana Code 36-4-6-18, authorized to pass ordinances and resolutions regarding the control of the City’s finances and the appropriation of money; and WHEREAS, in order to fund a sidewalk grant program for Carmel residents it is necessary to establish a new non-reverting fund (the “Fund); and WHEREAS, the creation of the Fund is in the public interest. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. That Chapter 2, Article 4, Section 2-151 is hereby added to the Carmel City Code and shall read as follows: “Sec 2-151 Non-Reverting Sidewalk Program Fund (Fund #925) (a) There is established a Non-Reverting Sidewalk Program Fund. (b) The funds contained in the Non-Reverting Sidewalk Program Fund shall be received and deposited therein from all lawful sources in accordance with applicable law. (c) The funds in the Non-Reverting Sidewalk Program Fund shall only be used for the Carmel Sidewalk Program. (d) Monies in the Non-Reverting Sidewalk Program Fund shall not be transferred into the General Fund, except as provided by applicable law. (e) The Non-Reverting Sidewalk Program Fund shall be administered by the Department of Community Services. Ordinance D-2559-20 Page One of Three DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 Sponsors: Councilors Finkam, Aasen and Rider This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 11/12/20 at 4:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. (f) The funds contained in the Non-Reverting Sidewalk Program Fund shall be accounted for and maintained separate and apart from all other City funds and shall be invested with the interest earned thereon deposited in the Non-Reverting Sidewalk Program Fund. (g) In the event the Non-Reverting Sidewalk Program Fund is terminated, all unexpended funds maintained therein shall be distributed to the City and deposited in the General Fund.” Section 3. That the remaining provisions of Carmel City Code Chapter 2, Article 4, are not affected by this Ordinance and remain in full force and effect. Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance D-2559-20 Page Two of Three DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 Sponsors: Councilors Finkam, Aasen and Rider This Ordinance was prepared by Jon A. Oberlander, Assistant Corporation Counsel, on 11/12/20 at 4:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2020, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2559-20 Page Three of Three DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 December 5:30December 9 0 8th 7th 6:30 P 8th P December