(A) The funds accumulated in the Elkhart Cumulative Capital Development Fund will be used as follows: Cumulative Fire Equipment Fund, as described in I.C. 36-8-14-2; and Cumulative Capital Improvement Fund, as described in I.C. 36-9-16-3.
(B) Notwithstanding division (A) above, funds accumulated in the Elkhart Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in division (A) above, if the purpose is to protect the public health, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this division (B) only after the Mayor issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund.
(1979 Code, § 33.142) (Ord. 3809, passed 6-2-1987; Am. Ord. 3998, passed 9-10-1990; Am. Ord. 4121, passed 7-26-1993; Am. Ord. 4563, passed 3-5-2001; Am. Ord. 4800, passed 12-16-2003
; Am. Ord. 4958, passed 4-3-2006
)