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Madison, IN Code of Ordinances
CITY OF MADISON, INDIANA CODE OF ORDINANCES
CITY OFFICIALS
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
CHAPTER 30: COMMON COUNCIL
CHAPTER 31: CITY OFFICIALS AND EMPLOYEES
CHAPTER 32: POLICE AND FIRE DEPARTMENTS
CHAPTER 33: OTHER DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES
CHAPTER 34: PERSONNEL POLICIES
CHAPTER 35: CITY ADMINISTRATIVE AND FINANCE PROCEDURES; CITY FUNDS
GENERAL PROVISIONS
FUNDS
§ 35.15 CUMULATIVE CAPITAL DEVELOPMENT FUND.
§ 35.16 ECONOMIC DEVELOPMENT REVOLVING LOAN FUND.
§ 35.17 FIREFIGHTING EQUIPMENT CUMULATIVE FUND.
§ 35.18 NONREVERTING OPERATING FUND FOR PARK PURPOSES.
§ 35.19 NONREVERTING FUND FOR THE PURCHASE OF FIRE EQUIPMENT.
§ 35.20 MADISON ADVANCED INTERNSHIP NETWORK (MAIN) NONREVERTING FUND.
§ 35.21 NONREVERTING FUND FOR THE MAINTENANCE OF THE MISS MADISON HYDROPLANE BOAT.
§ 35.22 PRESERVATION AND COMMUNITY ENHANCEMENT PROGRAM (PACE) NONREVERTING FUND.
§ 35.23 TREE BOARD FUND.
§ 35.24 OLD STATE ROAD 56/MAIN STREET NONREVERTING FUND.
§ 35.25 MADISON COMMUNITY CONCERT BAND FUND.
§ 35.26 EQUIPMENT RESERVE FUND.
§ 35.27 TIF DISTRICT FUND.
§ 35.28 COMMUNITY DEVELOPMENT ACTION GRANT.
§ 35.29 UNDERGROUND STORAGE TANKS LIABILITY FUND.
§ 35.30 WALNUT STREET INITIATIVE/CITY OF MADISON, IN FUND.
§ 35.31 NUISANCE ABATEMENT NONREVERTING FUND.
§ 35.32 PLANNING, PRESERVATION, AND DESIGN NONREVERTING FUND.
§ 35.33 HERITAGE TRAILS FUND.
§ 35.34 PEARL PARK FUND.
§ 35.35 OAKHILL PARK DONATION FUND.
§ 35.36 PAUL BRUHN GRANT NONREVERTING FUND.
§ 35.37 AVIATION ROTARY FUND.
§ 35.38 AVIATION NONREVERTING OPERATING FUND.
§ 35.39 MADISON MUNICIPAL AIRPORT (MMA) EVENTS FUND
§ 35.40 LIDE WHITE BOYS AND GIRLS CLUB FUND.
§ 35.41 PUBLIC ARTS COMMISSION NONREVERTING FUND.
§ 35.42 CASH RESERVE FUND.
§ 35.43 RAINY DAY FUND.
§ 35.44 SCENIC BYWAY FUND.
§ 35.45 ABANDONED VEHICLE FUND.
§ 35.46 FARMERS MARKET GRANT FUND.
§ 35.47 PUBLIC SAFETY LOCAL INCOME TAX FUND.
§ 35.48 COUNTY TAX FUND.
§ 35.49 COMMUNITY OF COMPASSION FUND.
§ 35.50 RESERVED.
§ 35.51 BI-CENTENNIAL EVENT FUND.
§ 35.52 SEWER UTILITIES CAPITAL IMPROVEMENT FUND.
§ 35.53 CLEAN DRINKING WATER NONREVERTING FUND.
§ 35.54 POLICE SECURITY FUND.
§ 35.55 MADISON POLICE K-9 FUND.
§ 35.56 DISASTER MITIGATION FUND.
§ 35.57 RIVERFRONT DEVELOPMENT FUND.
§ 35.58 UNSAFE BUILDING FUND.
§ 35.59 MOBILE EVENT STAGE FUND.
§ 35.60 HOUSING REVOLVING LOAN FUND.
§ 35.61 SUNRISE GOLF COURSE IMPROVEMENT FUND.
§ 35.62 COMMUNITY DEVELOPMENT PROGRAM AND EVENT FUND.
§ 35.63 PUBLIC VIDEO SERVICE FUND.
§ 35.64 FIRE DEPARTMENT FUND.
§ 35.65 JOHN PAUL PARK FUND.
§ 35.66 HARGAN-MATTHEWS PARK FUND.
§ 35.67 HEALTH REIMBURSEMENT RESERVE NON-REVERTING FUND.
§ 35.68 PHOENIX HOUSE NONREVERTING FUND.
§ 35.69 ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND.
§ 35.70 INDIANA HUMANITIES GRANT NONREVERTING FUND.
§ 35.71 NATIONAL TRUST GRANT NONREVERTING FUND.
§ 35.72 HISTORIC PRESERVATION FUND GRANT NONREVERTING FUND.
§ 35.73 ECONOMIC DEVELOPMENT NONREVERTING FUND.
§ 35.74 READI GRANT NONREVERTING FUNDS.
FIXED ASSET CAPITALIZATION POLICY
CHAPTER 36: CODE OF ETHICS
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 35.64 FIRE DEPARTMENT FUND.
   (A)   A non-reverting fund is hereby established within the budget of the Common Council to provide for the replacement of City of Madison Fire Department property; specifically, self-contained breathing apparatus (SCBA) and related components including the air cylinders, face masks, harnesses, electronic components, air compressor, filling station and others as may be applicable and for that purpose only.
   (B)   The sole disbursement authority for this account shall be the City of Madison Board of Public Works and Safety.
   (C)   Except as may be otherwise stated herein, funds contained in the account shall be expended only with the express and written approval of the City of Madison Board of Public Works and Safety following a written detailed request from the City of Madison Fire Chief. Further, the City of Madison Board of Public Works and Safety is hereby granted the authority to purchase additional self-contained breathing apparatus from the fund should the need arise following a determination by the City of Madison Board of Public Works and Safety that sufficient monies are available in the fund and that the expenditure will not affect the purchase of replacement self-contained breathing apparatus.
   (D)   Except as may be otherwise stated herein, funds contained in the account shall be expended only for the purchase of new replacement items. However, funds may be expended for the refurbishment of existing components or the purchase of factory rebuilt items provided that the refurbishment or rebuilt items results in an extended service life of a minimum of five years and the equipment meets all applicable standards in effect at the time of the refurbishment.
   (E)   The Common Council shall appropriate annually appropriate an amount for deposit into this fund. Additionally, any and all interest earned from the monies in this account shall be returned to the fund without exception.
   (F)   It shall be permissible for amounts from private donors and other sources to be deposited into this fund.
   (G)   The account shall be non-reverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (H)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Common Council of the City of Madison, Indiana.
(Ord. 2011-13, passed 7-19-11)
§ 35.65 JOHN PAUL PARK FUND.
   (A)   An account is established for the deposit of monies for the maintenance, operation and improvements of John Paul Park.
   (B)   Said account shall be named the John Paul Park Fund and all funds contained in said account shall be expended only for the limited and exclusive purpose of financing the maintenance, construction, land acquisition, renovation, and operation of John Paul Park by The John Paul Park Conservancy.
   (C)   The express and written approval of the Board of Public Works and Safety of the City of Madison shall be obtained prior to the expenditure of funds from said account.
   (D)   Said account shall be non-reverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (E)   If said account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to The John Paul Park Conservancy and its successors or assigns. If no successor to The John Paul Park Conservancy exists, the remaining funds shall revert to the City of Madison Park Department's general budget or the general budget of the Common Council of the City of Madison.
(Ord. 2012-25, passed 12-18-12)
§ 35.66 HARGAN-MATTHEWS PARK FUND.
   (A)   An account is established for the deposit of monies for the Hargan-Matthews Park. The monies will come from donations, fundraisers, sale of merchandise, sponsorships, appropriations from city accounts or from any other lawful source.
   (B)   The account shall be named the Hargan-Matthews Park Fund. All funds contained in the account shall be expended only for the exclusive purpose of paying for improvements and maintenance of the Hargan-Matthews Park. These expenses may include equipment, fencing, brick or concrete walls, columns and walks, landscaping, matching funds for grants, fund-raising expenses, park maintenance, and any other expenses related to the continuous improvement and successful operation of the park.
   (C)   The express and written approval of the Board of Public Works and Safety shall be obtained prior to the expenditure of funds from the account.
   (D)   The account shall be nonreverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (E)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Department of Public Parks.
(Ord. 2017-2, passed 3-7-17)
§ 35.67 HEALTH REIMBURSEMENT RESERVE NON-REVERTING FUND.
   (A)   An account is established for the purpose of depositing monies from appropriations from city accounts, donations, and employee's contributions or from any lawful source for paying the required obligations for the City of Madison employee's Health Reimbursement accounts.
   (B)   The account shall be named the Health Reimbursement Reserve and all funds contained in the account shall be expended only for the exclusive purpose of paying the administrator the requirements of the medical expenses incurred by the city employees that are taken from the accounts established for each employee and employee's dependents up to the maximum amount as allowed under the reimbursement plan.
   (C)   The express and written approval of the Board of Public Works and Safety shall be obtained prior to the expenditure of funds from the account.
   (D)   The account shall be nonreverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (E)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Common Council.
(Ord. 2018-2, passed 2-6-18)
§ 35.68 PHOENIX HOUSE NONREVERTING FUND.
   (A)   An account is established for the purpose of depositing monies from donations, appropriations from city accounts or from any lawful source for paying the required obligations for the City of Madison on the Phoenix House property.
   (B)   The account shall be named the Phoenix House Nonreverting Fund and all funds contained in the account shall be expended only for the exclusive purpose of paying expenses related to owning the Phoenix House property.
   (C)   The express and written approval of the Board of Public Works and Safety shall be obtained prior to the expenditure of funds from the account.
   (D)   The account shall be nonreverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (E)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Common Council.
(Ord. 2021-5, passed 5-18-21)
§ 35.69 ARP CORONAVIRUS LOCAL FISCAL RECOVERY FUND.
   (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 distribute the funds pursuant to the United States Treasury Final Rule, and such funds must be obligated by December 31, 202 and incurred by December 31, 2026. The Common Council understands that the Final Rule allows the city discretion over such funds to respond to the public health emergency or its negative economic impacts, such as:
         (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)   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. Monies from this Fund may not be transferred to another fund of the city.
(Ord. 2021-7, passed 6-8-21; Am. Ord. 2022-21, passed 10-18-22)
§ 35.70 INDIANA HUMANITIES GRANT NONREVERTING FUND.
   (A)   An account is established for the purpose of depositing monies from the granting agency, appropriations from city accounts or from any lawful source for paying the required obligations for the City of Madison on the accepted grant.
   (B)   The account shall be named the Indiana Humanities Grant Nonreverting Fund and all funds contained in the account shall be expended only for the exclusive purpose of paying expenses related to the grant.
   (C)   The account shall be nonreverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (D)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Common Council.
(Ord. 2021-12, passed 9-21-21)
§ 35.71 NATIONAL TRUST GRANT NONREVERTING FUND.
   (A)   An account is established for the purpose of depositing monies from the granting agency, appropriations from city accounts or from any lawful source for paying the required obligations for the City of Madison on the accepted grant.
   (B)   The account shall be named the National Trust Grant Nonreverting Fund and all funds contained in the account shall be expended only for the exclusive purpose of paying expenses related to the grant.
   (C)   The account shall be nonreverting and exist perpetually unless terminated by a subsequent ordinance enacted by the Common Council.
   (D)   If the account is terminated by a subsequent ordinance enacted by the Common Council, the remaining balance of the terminated account shall revert to the general budget of the Common Council.
(Ord. 2021-13, passed 9-21-21)
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