AN ORDINANCE

BY:  MR. EPLEY
NO.  4892
TO CREATE A SPECIAL FUND WITHIN THE FISCAL RECORDS OF THIS CITY TO BE KNOWN AS THE REFUSE IMPROVEMENT/EQUIPMENT REPLACEMENT FUND; AND TO DECLARE AN EMERGENCY.

WHEREAS, Sections 5705.09 and 5705.12 of the Ohio Revised Code require that cities establish certain specified funds within their fiscal records, and permit, but do not require, the creation of additional special funds; and

WHEREAS, the City Manager has recommended the creation of the Refuse Improvement/Equipment Replacement Fund, which will allow for the separate accounting of improvements and equipment replacement necessary for the city’s comprehensive refuse program; and

WHEREAS, pursuant to Section 5705.12 of the Ohio Revised Code, the State Auditor’s approval is required in order to establish this fund; and

WHEREAS, Council desires to accept the recommendation of the City Manager;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I. Through this ordinance a new fund entitled the Refuse Improvement/Equipment Replacement Fund is created, subject to and requiring the approval of the State Auditor as provided in Section 5705.12 of the Ohio Revised Code.

SECTION II. The Director of Finance is hereby authorized to seek the State Auditor’s approval of the fund created in Section I, and to take such related actions as may be necessary to secure state approval. If such approval is granted, the Refuse Improvement/Equipment Replacement Fund shall be promptly entered upon the fiscal records of this city and may be utilized immediately. If such approval is declined, and such declination is final, this ordinance shall thereupon become null and void, and shall be repealed automatically by operation of law.

SECTION III. Funds relating to the city’s comprehensive refuse program shall be allocated to the Refuse Improvement/Equipment Replacement Fund for improvements and the replacement of necessary capital equipment.

SECTION III. This ordinance is hereby declared to be an emergency measure and as such shall take effect immediately, on the basis that it is necessary to create the new special fund promptly so that it is in place to receive funds appropriated for fiscal year 2020 and thereafter, and on the further basis of protection of the public peace, health, safety and welfare.

PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this 15th day of July, 2019.
Signature of Mayor William D. Duncan
Mayor William D. Duncan
ATTEST:
Signature of Clerk of Council
Clerk of Council