ORDINANCE 2025-14

(Amended)

DELAWARE COUNTY COUNCIL

AN ORDINANCE ESTABLISHING AND GOVERNING THE
COUNTY RAINY DAY FUND.

(Repeals Ordinances 2009-042, 2010-028, 2010-041, 2011-005, and 2016-012)

WHEREAS pursuant to Indiana Code Section §36-1-8-5.1 the Delaware County Council (the “Council”) may establish a rainy day fund by the adoption of an ordinance specifying the purposes of the fund and the approved sources of funding;

WHEREAS the Council has previously established a rainy day fund most recently via Ordinance 2009-042 and subsequent amendments thereto;

WHEREAS the Council desires to further amend and restate the prior rainy day ordinances thereby creating a single and cohesive ordinance governing the purpose of the rainy day funds and the approved sources of funding;

NOW, THEREFORE, BE IT ORDERED, ESTABLISHED, DETERMINED, AND ORDAINED by the Delaware County Council as follows:

  1. 1.

    The Council hereby establishes the Delaware County Rainy Day Fund (“Rainy Day Fund”) to receive transfers from all unused and unencumbered funds as permitted by law as follows:

    • a. Funds raised by general or special tax levies pursuant to Indiana Code §36-1-8-5;
    • b. All local income taxes pursuant to Indiana Code §6-3.6 et. seq. and supplemental distributions thereof pursuant to Indiana Code§ 6-3.6-9-15 and as otherwise provided by law.
    • c. Any other funding source permitted by law.
  2. 2.

    The Council shall not transfer more than ten (10%) of the County’s annual budget for each fiscal year to the Rainy Day Fund.

  3. 3.

    All expenditures from the Rainy Day Fund shall be subject to the same appropriations process as other funds which receive tax money.

  4. 4.

    The funds contained in the Rainy Day Fund may be used for payment of the following expenditures:

    • a. The purchase of furniture and fixtures for County facilities and offices;
    • b. Maintenance, construction, or emergency repairs of any buildings or improvements owned by the County or which the County is legally required or compelled to maintain;
    • c. The purchase of computer hardware or software;