HomeMy WebLinkAboutD-2581-21 ARP Fund; Establish and Specify Uses ofSPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on April 20, 2021 at 5:01 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE D-2581-21
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
ADDING CHAPTER 2, ARTICLE 4 , SECTION 152 TO THE CARMEL CITY CODE,
THEREBY ESTABLISHING THE CITY OF CARMEL
ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND (#176)
Synopsis: This ordinance establishes a fund for money received by the City of Carmel from the
American Rescue Plan Act of 2021 and specifies the uses of said fund.
WHEREAS, the American Rescue Plan Act of 2021 (“ARP”), which was enacted on March 11,
2021, allocated ARP Coronavirus State and Local Fiscal Recovery Funds (the “Funds”) to state and local
governments across the United States; and
WHEREAS, the Funds will be distributed to the City of Carmel; and
WHEREAS, in order to receive the Funds, the Indiana State Board of Accounts (the “SBOA”) has
mandated that cities and towns establish an ARP Coronavirus Local Fiscal Recovery Fund for receipt and
distribution of the Funds; and
WHEREAS, the SBOA further directs cities and towns to specify the uses of the fund in accordance
with the purposes outlined in Section 603(c) of the Social Security Act, and to reference a plan that will
detail the use of these funds; and
WHEREAS, the creation and operation of such a 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.
Section 2: That Chapter 2, Article 4, Section 152 is hereby added to the Carmel City Code and shall
read as follows:
“Sect. 2-152. ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND (#176)
(a) There is established a City of Carmel “ARP Coronavirus Local Fiscal Recovery Fund
(#176)”.
(b) All monies received from the ARP Coronavirus State and Local Fiscal Recovery Funds
shall be deposited into the ARP Coronavirus Local Fiscal Recovery Fund (#176), which
shall be a non-reverting fund.
Ordinance D-2581-21
Page One of Three Pages
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SPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on April 20, 2021 at 5:01 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
(c) Per Section 603(c) of the Social Security Act, monies in ARP Coronavirus Local Fiscal
Recovery Fund (#176) shall only be used for one of the following purposes:
(A) to respond to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19) or its negative economic impacts, including assistance to
households, small businesses, and nonprofits, or aid to impacted industries such as
tourism, travel, and hospitality;
(B) to respond to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers of the metropolitan
city, nonentitlement unit of local government, or county that are performing such
essential work, or by providing grants to eligible employers that have eligible
workers who perform essential work;
(C) for the provision of government services to the extent of the reduction in revenue
of such metropolitan city, nonentitlement unit of local government, or county due to
the COVID-19 public health emergency relative to revenues collected in the most
recent full fiscal year of the metropolitan city, nonentitlement unit of local
government, or county prior to the emergency; or
(D) to make necessary investments in water, sewer, or broadband infrastructure.
(d) Monies in the ARP Coronavirus Local Fiscal Recovery Fund (#176) shall not be
transferred into the General Fund, except as provided by applicable law.
(e) The ARP Coronavirus Local Fiscal Recovery Fund (#176) shall be administered by the
Controller. No monies shall be spent from the ARP Coronavirus Local Fiscal Recovery
Fund (#176) unless they have been appropriated by the Common Council.”
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. The Common Council requests that the Mayor or his designee(s) draft a plan detailing
the uses of the ARP Coronavirus Local Fiscal Recovery Funds in accordance with Section 603(c) of the
Social Security Act (the “Plan”). If the Plan is acceptable to the Council, it will thereafter appropriate ARP
Coronavirus Local Fiscal Recovery Funds in conformance with Section 603(c), this Ordinance and the Plan.
Section 5. This Fund shall be identified as Fund (#176).
Section 6. 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 7. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor and such publication as is required by law.
Ordinance D-2581-21
Page Two of Three Pages
DocuSign Envelope ID: B91B84FD-27DC-4017-8F1C-B372D2375BB6
SPONSOR: Councilor Worrell
This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on April 20, 2021 at 5:01 p.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ADOPTED by the Common Council of the City of Carmel, Indiana this _____ day of
___________________, 20___, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Sue Finkam, President Kevin D. Rider, Vice-President
H. Bruce Kimball Laura Campbell
Anthony Green Jeff Worrell
Timothy J. Hannon Miles Nelson
Adam Aasen
ATTEST:
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of ___________, 20___, at
__________ ___M.
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana this ____ day of _____________, 20___, at
__________ ___M.
James Brainard, Mayor
ATTEST:
Sue Wolfgang, Clerk
Ordinance D-2581-21
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