§ 65. Source of funds for appropriations; operating expenses for departments; creation of
special funds
(a) All money received from taxation, assessments, fines, and other lawful sources, except
revenues and income of the Water, Waste Water/Solid Waste, and Traffic Divisions of
the Public Works Department and of the Electric Light Department, shall constitute
the entire sum from which appropriations and payments are to be made by and under
the authority of the City Council. The necessary operating expenses and the cost of
repairs, improvements, and additions to the property and equipment of such Divisions
and of the Light Department shall be paid from the receipts of said Divisions and
Department, respectively.
(1) The Electric Light Department, the Water Division, and the Waste Water Division shall
every fiscal year make a contribution to the City in lieu of taxes in the form of
a cash payment or the equivalent in free services and municipal rate benefits, or
a combination of cash and free services, in an amount equaling the amount of money
that would be received by the City in ad valorem real estate taxes and personal property
inventory taxes were such Divisions and Department privately owned utilities.
(A) In order to determine the amount of contribution in lieu of taxes to be received from
each such Division and Department, the City Assessor shall annually make an assessment
of their respective properties in the same manner as and at the same time that assessments
of taxable properties are made. Each Division and Department shall likewise file with
the City Assessor inventory forms at the time and in the manner required by State
law of taxable persons.
(B) Each Division and Department shall have the same right of grievance and appeal as
is afforded to taxpayers except that the determination of the Board of Civil Authority
shall be final.
(C) The specific level of the contribution shall be fixed in the same manner as the amount
of tax on taxable properties and inventories are determined, immediately upon the
setting of the annual tax rate by the City Council.
(2) The City Council, with the prior approval of the Board of Light Commissioners or the
Board of Public Works Commissioners, as applicable, shall have authority to create
and establish, maintain, build up, and increase from year to year from the earnings
of such Department and Divisions, special reserve funds for such Department and Divisions,
to be kept by the City Treasurer in a separate bank deposit and in a separate account
for each Department and Division and to be used only to pay for such expenses as the
Electric Light or Public Works Departments may recommend and the City Council may
approve and authorize.
(A) Appropriations and payments from the earnings of said Department and Divisions to
said reserve funds may be made at any time but must be authorized by separate resolution
of the City Council for each Department and Division.
(B) The total amount of such reserve funds may be limited to such sum as the City Council
may by resolution from time to time determine and prescribe.
(3) All portions of all appropriations remaining unexpended at the close of the fiscal
year, except in the case of appropriations to the School Department and the Streets
Division of the Public Works Department, shall then become part of the General Fund,
unless the City Council provides otherwise by resolution.
(b) In addition to the Reserve Funds for the Electric Light Department and for such Divisions
of the Public Works Department authorized in subsection (a) of this section, the City
Council may by resolution create and establish reserve funds to pay for public improvements,
replacement of equipment, capital expenses, and planned or unplanned operating expenditures
of any City department(s) or division(s) thereof.
(1) Once established, the City Council may maintain, build up, and increase a fund from
year to year by depositing in the fund any monies the City Council may deem advisable,
to the extent not prohibited by any other law or regulation.
(2) Monies deposited in and expended from a reserve fund shall be identified in the City
budget as it may be amended from time to time.
(3) Reserve funds shall be kept in separate accounts and invested in the same manner as
other public funds.
(4) The City Council may expend monies from a reserve fund for any legal purpose for which
that fund was established. (Amended 2015, No. M-7, § 2, eff. May 18, 2015.)