Chapter 3.10
FUNDS
Sections:
3.10.010 Cumulative capital improvement fund.
3.10.020 Nonreverting capital fund.
3.10.030 Police operations fund.
3.10.040 Law enforcement trust fund.
3.10.050 Hazardous material response fund.
3.10.090 Unsafe building fund.
3.10.100 Cumulative capital development fund.
3.10.110 Capital projects fund.
3.10.120 Investment fund account.
3.10.130 Establishment of LOIT special distribution fund.
3.10.140 Park and recreation cumulative building fund.
3.10.160 ARP coronavirus local fiscal recovery fund.
3.10.170 COVID CDBG OCRA response program phase 3 fund.
3.10.010 Cumulative capital improvement fund.
(A) In accordance with the requirements of IC 6-7-1-31.1, there is created a special fund to be known as the cumulative capital improvement fund of the city, into which the cigarette taxes allotted to the city by reason of IC 6-7-1-30.1 as amended shall be deposited. The fund shall be a cumulative fund and all moneys deposited into the fund shall be appropriated and used for capital improvements as defined in subsection (B) of this section and for such other purposes, from time to time, as the Common Council may authorize pursuant to law.
(B) The term “capital improvement” means the construction or improvement of any property owned by the city, including but not limited to streets, thoroughfares and sewers, and the retirement of general obligation bonds of the city issued and the proceeds used for the purpose of construction of capital improvements. Capital improvement does not include salaries of any public officials or employees except those which are directly chargeable to a capital improvement. [Ord. 379, 1965. Code 2000 § 33.015; Code 1981 §§ 3.04.010 and 3.04.020.]
Statutory reference: For provisions authorizing cities to create cumulative capital improvement funds and restricting the uses thereof, see IC 6-7-1-31.1. For provisions authorizing cities to establish cumulative capital improvement funds deriving from local taxation and enlarging the scope of permitted uses, see IC 36-9-16-3. For statutory provisions allotting state cigarette tax funds to cities, see IC 6-7-1-30.1.
3.10.020 Nonreverting capital fund.
(A) A special nonreverting capital fund is established for the Parks Department for the purpose of land acquisition and development or for the development of existing parks.
(B) This fund may receive funds generated by the Parks Department from user fees, donations, gifts, and agreements for services.
(C) The nonreverting capital fund shall be perpetual until terminated by enactment of another subsequent ordinance.
(D) Upon termination of this fund, the fund balance shall be transferred into the Parks and Recreation operating fund. [Ord. 1504-2015; Ord. 836, 1992. Code 2000 § 33.016; Code 1981 §§ 3.06.010 – 3.06.040.]
Statutory reference: Fund authorized, see IC 36-10-3-22 and 36-10-4-16.
3.10.030 Police operations fund.
(A) A nonreverting fund is hereby established for the city to use as buy money in running of a “sting” operation or payments to informants in connection with anticipated arrests.
(B) The fund shall be called the police operations fund.
(C) The fund shall be maintained with appropriated funds and shall follow petty cash fund procedures as authorized by IC 36-1-8-3.
(D) The fund must follow documentation procedures approved by the Board of Public Works and Safety. The procedures shall be found in the Angola Police Department standard operating guidelines.
(E) The custodians of the fund shall be the city Chief of Police, Assistant Chief of Police, and Detective.
(F) Any balance of funds at the end of the year will remain in the fund and not revert to the general fund or any fund from which it was derived.
(G) If necessary, upon termination of the fund by ordinance of the Common Council, the balance of funds shall be receipted to the general fund. [Ord. 1516-2015; Ord. 1312-2009; Ord. 923-96, 1996. Code 2000 § 33.017.]
3.10.040 Law enforcement trust fund.
(A) There is established in the city a special nonreverting fund to be known as the law enforcement trust fund, into which shall be deposited all money received through forfeitures and seizures from illegal drug activity and from the auction of such seized and forfeited property, and from this shall only be paid costs and expenses for the purchase, repair, and maintenance of Police Department equipment and for training of Police Department personnel.
(B) The law enforcement trust fund shall exist until terminated by ordinance of the Common Council. [Ord. 1399-2011; Ord. 1367-2011. Code 2000 § 33.018.]
3.10.050 Hazardous material response fund.
(A) Hazmat Response Fund.
(1) A hazardous materials response non-reverting fund is hereby established and shall be called the hazmat response fund.
(2) The fund shall be maintained by charges imposed on a person that is a responsible party with respect to a hazardous materials emergency as defined by IC 36-8-12.2 et seq. All payments of charges shall be receipted to the hazmat response fund.
(3) Revenue collected for hazardous materials response and receipted to the hazmat response fund may be used only for the purchase of supplies and equipment used in providing hazardous materials emergency assistance; training for members of the Fire Department in skills necessary for providing hazardous materials emergency assistance; and payment to persons with which the Fire Department contracts to provide services related to the hazardous materials emergency assistance provided by the Fire Department.
(B) Charges for Services. Billing for services of the Fire Department for hazardous materials response shall be based on the State Fire Marshal’s annually published schedule of service charges for fire protection services.
(C) Penalty. The responsible party is subject to a penalty for failure to pay the full amount of the charges for services within 60 days after the issuance of the bill for services. The amount of the penalty is 10 percent of the amount of the charge that remains unpaid on the due date. [Ord. 1126-2003. Code 2000 § 33.019.]
Statutory reference: Cleanup charges authorized, see IC 36-8-12-13.
3.10.060 Rainy day fund.
(A) Fund Established. In accordance with the requirements of IC 36-1-8-5.1, there is hereby established a special fund to be known as the rainy day fund.
(B) Sources of Funding.
(1) Supplemental county adjusted gross income tax (CAGIT) and county economic development income tax (CEDIT) distributed to the city by reason of IC 6-3.5-1.1-21.1 and 6-3.5-7-17.3.
(2) Any city fund otherwise budgeted subject to IC 36-1-8-5.1.
(C) Purpose of the Fund. The monies deposited in the rainy day fund may be used for the operation of the city and various departments, when:
(1) The city does not have sufficient levies or funds to pay such costs, including:
(a) Personal services;
(b) Supplies;
(c) Services and charges;
(d) Capital outlays.
(2) For such other purposes as the Common Council may authorize pursuant to law. [Ord. 1406-2012; Ord. 1395-2011; Ord. 1134-2004. Code 2000 § 33.020.]
Statutory reference: County adjusted gross income tax (CAGIT), see IC 6-3.5-1.1-21.1. County economic development income tax (CEDIT), see IC 6-3.5-7-17.3.
3.10.070 Cash change fund.
(A) A cash change fund is hereby established for any city officer or employee having a duty to collect cash revenues. Such a fund must be established by a warrant drawn on the appropriate fund in an amount determined by the Common Council.
(B) A cash change fund is established for the following offices and departments:
(1) Office of Clerk-Treasurer in the amount of $900.00; and
(2) Police Department in the amount of $50.00.
(C) The officer or employee who is charged with the duty of collecting the cash revenues for the amount deemed necessary shall file an accounts payable voucher for approval by the Common Council. Upon approval of the accounts payable voucher, the Clerk-Treasurer shall draw a warrant on the city general fund without appropriation, if for civil use, or the operating fund of the proper utility, if for utility purposes. The warrant is to be converted to cash and used to make change when collecting cash revenues and retained by the officer or employee in whose favor the warrant is drawn, who shall be held individually responsible for the custody and safekeeping of the cash.
(D) The entire cash change fund is to be returned to the fund from which it was advanced when the fund is no longer needed or must be returned at the conclusion of each term served by the officer or employee drawing the same. [Ord. 1604-2019 § 1; Ord. 1147-2004. Code 2000 § 33.021.]
3.10.080 Petty cash fund.
(A) A petty cash fund is hereby established for any city office to use to pay small or emergency items of operating expense. Such a fund must be established by a warrant drawn on the appropriate fund in an amount determined by the Common Council.
(B) A petty cash fund is established for the following offices and departments:
(1) Office of the Clerk-Treasurer in the amount of $300.00.
(C) The office that is charged as custodian of the petty cash fund shall file an accounts payable voucher for the amount deemed necessary for approval by the Common Council. Upon approval of the accounts payable voucher, the Clerk-Treasurer shall draw a warrant on the city general fund without appropriation, if for civil use, or the operating fund of the proper utility, if for utility purposes. The warrant is to be converted to cash and retained by the office in whose favor the warrant is drawn, which shall be held responsible for the custody and safekeeping of such cash.
(D) A receipt shall be taken for each expenditure made from the fund. The custodian of the fund shall periodically file a voucher with all original receipts totaling the cash claimed expended being attached to the voucher, so that the fund can be reimbursed for expenditures. Reimbursement to the fund must be approved, allowed, and paid in the same manner as is required for other accounts payable vouchers.
(E) The entire petty cash fund is to be returned to the fund from which it was advanced when the fund is no longer needed or must be returned at the conclusion of each term of office or employment served by the officer or employee drawing the same. [Ord. 1604-2019 § 2; Ord. 1150-2004. Code 2000 § 33.022.]
3.10.090 Unsafe building fund.
(A) Fund Established. An unsafe building fund is hereby established for the purposes as set forth pursuant to IC 36-7-9 and as amended. The unsafe building fund shall be a nonreverting fund.
(B) Unsafe Building Fund Deposits. The following monies shall be deposited into the unsafe building fund:
(1) Money received as payment for or settlement of obligations or judgments established under IC 36-7-9-9 through 36-7-9-13 and 36-7-9-17 through 36-7-9-22.
(2) Money received from bonds posted under IC 36-7-9-7.
(3) Money received in satisfaction of receivers’ notes or certificates that were issued under IC 36-7-9-20 and were purchased with money from the unsafe building fund.
(4) Money received for payment or settlement of civil penalties imposed under the provision of IC 36-7-9-7.
(5) Money received from the collection of special assessments under the provision of IC 36-7-9-13.5.
(C) Unsafe Building Fund Expenditures. Monies in the unsafe building fund may be used for the following expenses incurred in carrying out the provisions of this code regulating dangerous buildings.
(1) The cost of obtaining reliable information about the identity and location of each person who owns a substantial property interest in unsafe premises.
(2) The cost of an examination of an unsafe building by a registered architect or registered engineer not employed by the city of Angola, Indiana.
(3) The cost of surveys necessary to determine the location and dimensions of real property on which an unsafe building is located.
(4) The cost of giving notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let in the manner prescribed by IC 36-7-9-25.
(5) The bid price of work by a contractor under the provisions of IC 36-7-9-10 or 36-7-9-17 through 36-7-9-22.
(6) The cost of emergency action under the provisions of IC 36-7-9-9.
(7) The cost of notes or receiver certificates issued under the provision of IC 36-7-9-20. [Ord. 1173-2004. Code 2000 § 33.023.]
Cross-reference: Dangerous buildings, see AMC 15.05.020.
3.10.100 Cumulative capital development fund.
(A) A need now exists for the reestablishment of the cumulative development fund for all uses as set out in IC 36-9-15.5-2.
(B) The Common Council will adhere to the provisions of Indiana Code 36-9-15.5. The proposed fund will not exceed $0.05 on each $100.00 of assessed valuation. Said tax rate will be levied beginning with taxes for 2022 payable 2023. [Ord. 1692-2022; Ord. 1663-2021; Ord. 1626-2020; Ord. 1601-2019; Ord. 1554-2017; Ord. 1485-2015; Ord. 1412-2012; Ord. 1410-2012; Ord. 1379-2011; Ord. 1265-2007. Code 2000 § 33.024.]
3.10.110 Capital projects fund.
(A) A nonreverting fund is hereby established and shall be called the capital projects fund.
(B) The fund revenue source shall be the proceeds of the sale of the Dana stock.
(C) The fund requires appropriation in the same manner as other funds and may be used for any lawful purpose stated in this section or amending ordinance.
(D) The only purposes for which expenditures can be made from the fund are:
(1) Totally relieve or supplement the Common Council pledge of local dollars to the sewage works to pay a portion of the sewage service rates known as the sewer service replacement credit.
(2) Other expenditures related to the Indiana Department of Environmental Management Dana Corporation Weatherhead facility site remediation project located at 203 Weatherhead Street. [Ord. 1336-2009. Code 2000 § 33.025.]
3.10.120 Investment fund account.
(A) Establishment. In accordance with IC 6-3.6-10-8, the city hereby establishes the city investment fund account pursuant to the terms and conditions of this section.
(B) Governing Board – Membership.
(1) The city investment fund account shall be managed and administered by a Governing Board. The Governing Board shall be comprised of at least five members but in no event more than seven members and, until amended by the city’s Common Council, the initial Governing Board of the city investment fund account shall be comprised of five members. The initial members of the Governing Board shall be appointed by the following entities:
(a) The Mayor of the city shall have the authority to appoint two members to the Governing Board; provided, however, that in the event the Governing Board is comprised of seven members, the Mayor of the city shall have the authority to appoint three members to the Governing Board.
(b) The Common Council of the city shall have the authority to appoint two members to the Governing Board; provided, however, that in the event the Governing Board is comprised of seven members, the Common Council of the city shall have the authority to appoint three members to the Governing Board.
(c) The county Economic Development Corporation shall have the authority to appoint one member to the Governing Board.
(2) Each member of the Governing Board shall have at least five years of experience in business, finance, or venture capital, and each member appointed to the Governing Board shall be required to certify to the appointing entity or office that such member possesses the requisite experience required by this section.
(3) The membership of the Governing Board shall be established on a bipartisan basis such that the number of the members of the Governing Board who are members of one political party may not exceed the number of members of the Governing Board required to establish quorum.
(4) A majority of the Governing Board constitutes a quorum, and the concurrence of a majority of the Governing Board is required to authorize action, including, without limitation, the grant or loan of any funds from the city investment fund account.
(C) Funding. The fiscal body of the city may deposit, through appropriations, the following funds into the city investment fund’s account:
(1) Taxes distributed to the city under IC 6-3.6-10 et seq.;
(2) Funds received and maintained by the city under the state’s local major moves construction funds under IC 8-14-16 et seq.; and
(3) Proceeds of public or private grants.
(D) Administration of Fund – Requirements for Grants and Loans. The terms for the administration of the city investment fund account shall be established by the Governing Board and set forth in bylaws which shall require the submission, review, and approval of the state Economic Development Corporation and otherwise include, at a minimum, the following criteria and provisions:
(1) That the membership and composition of the Governing Board be in accordance with the terms and requirements of this section.
(2) That the expenses of administering the fund shall be paid from money within the fund.
(3) That the city investment fund account shall be subject to an annual audit by the state Board of Accounts.
(4) (a) That the policies, procedures, and criteria under which the Governing Board may loan or grant money from the city investment fund account shall be in accordance with the provisions of this section and shall be set forth in investment fund policies and procedures and confidential application form (the “policies and procedures”) attached to Ordinance No. 1445-2013 and incorporated herein by reference, which may be updated, revised, and amended from time to time by the Governing Board.
(b) That the Governing Board may loan or grant money from the city investment fund account to any private or public entity in accordance with this section, the policies and procedures, and upon a finding by the Governing Board that the loan or grant is for an economic development project as defined in IC 6-3.6-10-8 and will otherwise be used by the borrower or grantee for at least one of the following economic development purposes:
(i) To promote significant employment opportunities for the residents of the city;
(ii) To attract a major new business enterprise to the city; or
(iii) To develop, retain, or expand a significant business enterprise within the city.
(c) That the expenditures of a borrower or grantee of money from the city investment fund account must be dedicated, committed, and used by the borrower or grantee for any of the following economic development projects and purposes:
(i) Research and development of technology;
(ii) Job training and education;
(iii) Acquisition of property interests within the city;
(iv) Infrastructure improvements;
(v) New buildings or structures located within the city;
(vi) Rehabilitation, renovation, or enlargement of buildings or structures located within the city;
(vii) Machinery, equipment, and furnishings;
(viii) Funding small business development with respect to prototype products or processes, marketing studies to determine the feasibility of new products or processes, or business plans for the development and production of new products and processes.
(E) Dissolution of Fund. In the event of the dissolution of the city investment fund account, and upon payment or making provisions for the payment of all liabilities incurred prior to any such dissolution, all of the assets, funds, property, and monies of the city investment fund account shall revert and be assigned to the city. [Ord. 1672-2021 § 1; Ord. 1653-2020 § 1; Ord. 1445-2013. Code 2000 § 33.026.]
3.10.130 Establishment of LOIT special distribution fund.
A nonreverting fund to be known as the LOIT special distribution fund (“fund”), and which is to be given Number 257 as instructed by the Indiana State Board of Accounts, is now established. The fund shall receive monies from the one-time special distribution under SEA 67. [Ord. 1530-2016 § 1.]
3.10.140 Park and recreation cumulative building fund.
(A) The Angola Park and Recreation Board on February 1, 2017, adopted a resolution establishing a park and recreation cumulative building fund for all uses as set out in IC 36-10-3-21 including building, remodeling, and repair of park and recreation facilities or the purchase of land for park and recreation purposes.
(B) The Common Council will adhere to the provisions of Indiana Code 36-10-3-21. The proposed fund will not exceed $0.0167 on each $100.00 of assessed valuation. Said tax rate will be levied beginning with taxes for 2022 payable 2023. [Ord. 1693-2022; Ord. 1664-2021; Ord. 1627-2020; Ord. 1603-2019; Ord. 1550-2017.]
3.10.150 Fire operating fund.
(A) Fund Established. There is hereby established a fund to be known as the fire operating fund.
(B) Sources of Funding.
(1) General property taxes with a levy set within the City’s maximum levy.
(2) Financial institutions tax.
(3) Vehicle/aircraft excise tax.
(4) Commercial vehicle excise tax.
(5) Federal grants (public safety).
(6) State grants (public safety).
(7) Fire protection contracts.
(8) Miscellaneous revenues.
(C) Uses of Funding. The operations of the City Fire Department include but are not limited to:
(1) Personal Services. Salaries, wages, benefits, and pensions for full-time and part-time employees;
(2) Supplies. Office supplies, gasoline and diesel, vehicle supplies and parts, household and cleaning supplies, repair and maintenance supplies, repair parts, and small tools and minor equipment;
(3) Services and Charges. Legal and professional services, shipping, travel expense including training, telephone, worker’s compensation insurance, property and liability insurance, vehicle and equipment repairs and maintenance, equipment rentals, subscriptions, and organization membership and dues; and
(4) Capital Outlays. Vehicles and firefighting equipment.
(D) The fire operating fund shall exist until terminated by ordinance of the Common Council. Any remaining fund balance shall revert to the general fund. [Ord. 1646-2020 §§ 1 – 4.]
3.10.160 ARP coronavirus local fiscal recovery plan.
(A) Fund Established. There is hereby established a fund to be known as the ARP coronavirus local fiscal recovery fund.
(B) Sources of Funding. The source of funding includes monies allocated to the city from the American Rescue Plan Act of 2021 and distributed to the city in 2021 and 2022.
(C) Uses of Funding.
(1) The city shall only appropriate and use the funds to cover costs incurred by the City by December 31, 2024, for the following:
(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 city 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 the city due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the city prior to the emergency that being 2019; or
(d) To make necessary investments in water, sewer, or broadband infrastructure.
(2) The Common Council shall adopt a plan which provides details for the use of funds.
(D) Amendments. This section may be amended from time to time if additional guidance is received from any federal or state agency.
(E) The ARP coronavirus local fiscal recovery fund shall exist until terminated by ordinance of the Common Council. Moneys from this fund may not be transferred to another fund of the city. [Ord. 1670-2021 §§ 1 – 5.]
3.10.170 COVID CDBG OCRA response program phase 3 fund.
(A) Fund Established. There is hereby established a fund to be known as the COVID CDBG OCRA response program phase 3.
(B) Sources of Funding. The source of funding includes CDBG funding of $250,000 (71 percent) and local funding match of $100,000 (29 percent) from the local major moves construction fund.
(C) Uses of Funding. The city shall only appropriate and use the funds to provide low-interest loans to businesses. The loans will provide flexible repayment terms and could be possibly forgiven if the businesses meet certain benchmarks.
(D) The COVID CDBG OCRA response program phase 3 fund shall exist until terminated by ordinance of the Common Council. Monies from this fund may not be transferred to another fund of the city. [Ord. 1676-2021 § 1 – 4.]