AN ORDINANCE AUTHORIZING THE FISCAL OFFICER TO ACCEPT ANY ELIGIBLE FUNDING FROM THE U.S. DEPARTMENT OF TREASURY AUTHORIZED UNDER THE AMERICAN RESCUE PLAN ACT, AUTHORIZING THE ESTABLISHMENT OF THE “AMERICAN RESCUE PLAN ACT FUND” FOR THE PURPOSE OF SEPARATELY ACCOUNTING FOR FEDERAL FUNDS RECEIVED UNDER THE AMERICAN RESCUE PLAN ACT, AND DECLARING AN EMERGENCY
WHEREAS, to respond to the COVID-19 public health crisis, The American Rescue Plan Act of 2021 (ARPA) is providing fast and direct economic assistance for American workers, families, small businesses, and industries. The ARPA continues many of the programs started by the CARES Act (2020) and Consolidated Appropriations Act (2021) by adding new phases, new allocations, and new guidance to address issues related to the continuation of the COVID-19 pandemic. As a result of this economic crisis, the U.S. Department of the Treasury is providing needed relief to state, local, and Tribal governments to enable them to continue to support the public health response and lay the foundation for a strong and equitable economic recovery;
WHEREAS, the Village desires to accept ARPA funding to assist in responding to and mitigating the impacts of the COVID-19 pandemic;
WHEREAS, the Village of Killbuck must comply with local, state and federal law and administrative orders and guidelines directing and requiring the establishment of certain funds to maintain financial integrity of the public monies it receives and spends;
WHEREAS, in order to comply with mandates and guidelines requiring ARPA funds to be held separately to allow for the audit of fund spending, and in the absence of conclusive federal and/or state guidance related to same, the creation of a specific fund, the “American Rescue Plan Act Fund,” is necessary;
WHEREAS, this type of fund, a government fund, is authorized under Ohio Revised Code Section 5705.12; and
WHEREAS, on or about August 23, 2021, the Village received ARPA funds totaling $48,133.11, and the Fiscal Officer deposited said funds into the Village’s American Rescue Plan Act Fund (Fund 2153).
NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Killbuck, County of Holmes, State of Ohio:
Section 1. The Village Fiscal Officer is authorized to apply for and accept funding from the U.S. Department of Treasury as authorized under the American Rescue Plan Act of 2021, including, but not limited to, reimbursing the Village for any revenue losses in any given year from 2020-2024, reimbursing the Village for additional expenses incurred related to the COVID-19 pandemic and providing support for a recovery – including through assistance to households, small businesses and nonprofits, and aid to impacted industries as permitted by H.R. 1319 – 117th Congress and any applicable regulations issued by the U.S. Department of Treasury.
Section 2. The Fiscal Officer is hereby directed to create a special revenue fund within the accounts of the Village of Killbuck and to name such fund the “American Rescue Plan Act Fund” (Fund 2153). The purpose of this fund shall be to separately account for funds received and spent under the American Rescue Plan Act. Interest earned to this fund shall be handled in accordance with governing law.
Section 3. The Village Fiscal Officer is authorized to deposit the funds received under Section 1 of this ordinance for reimbursement of revenue losses in the appropriate accounts.
Section 4. This Council affirms any ARPA funds received from the U.S. Department of Treasury may be expended only to cover costs of the Village of Killbuck consistent with the requirements of H.R. 1319 – 117th Congress, and any applicable regulations.
Section 5. This Ordinance is hereby declared to be a retroactive emergency measure necessary for the immediate preservation of the public peace, health, safety, comfort, convenience, and general welfare of the inhabitants of the Village of Killbuck, to wit: in order to properly accept and use the American Rescue Plan Act Fund to fund the Village of Killbuck’s efforts to abate the COVID-19 public health crisis, and therefore it shall take effect and be in force retroactively upon passage effective August 23, 2021, the date the Village received the ARAPA funds and deposited said funds into the Village’s American Rescue Plan Act Fund (Fund 2153).
Section 6. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.
Passed this 7th day of September, 2021.
SIGNATURES ON FILE