Resolution 2022-05: Resolution For Revenue Loss Declaration

RESOLUTION NO. 2022-05

 

A RESOLUTION ELECTING THE “STANDARD ALLOWANCE” OF UP

TO $10,000,000.00 AS THE AMOUNT OF REVENUE LOSS FOR THE USE OF FUNDS FOR THE PROVISION OF GOVERNMENT SERVICES UNDER SECTION

603(c)(1)(C) OF THE AMERICAN RESCUE PLAN ACT OF 2021; AND

DECLARING THE SAME AN EMERGENCY

 

WHEREAS, the “American Rescue Plan Act of 2021” (ARPA), H.R. 1319, Public Law 117-2, was signed into law by the President of the United States on March 11, 2021; and

 

WHEREAS, Section 603 of ARPA created the “Coronavirus State and Local Fiscal Recovery Fund” (CSLFRF) that, among other things, appropriated money to cities, nonentitlement units of local government, and counties to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID-19); and

 

WHEREAS, Section 603(c)(1)(C) of ARPA allows use of such funds “for the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency”; and

WHEREAS, the U.S. Treasury has adopted various rules attached to the use of ARPA funds, having issued a Final Rule on January 6, 2022; and

 

WHEREAS, Section 35.6(d) of the Final Rule provides for the use of a “standard allowance” or for the use of a calculation formula by which an entity may determine the amount of “revenue loss” pursuant to Section 603(c)(1)(C) of ARPA, but provides that recipients “must make a one-time election” between those options; and

 

WHEREAS, the election provided for under Section 35.6(d)(1) of the Final Rule allowing a recipient to take up to $10,000,000.00 as the standard allowance provides the Village with more certainty as to exactly how much “revenue loss” funds may be used to provide for “the provision of government services” over the multi-year performance period allowed for the use of ARPA funds.

 

NOW THEREFORE BE IT RESOLVED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:

 

Section 1.  The Village hereby elects, under Section 35.6(d)(1) of the Final Rule, to take up to $10,000,000.00 as a “standard allowance” for “the provision of government services”.

 

Section 2.  The use of this standard allowance may be for the direct provision of government services, or they may be used as a secondary/additional legal justification or support for an ARPA funded project/purchase in the event such a project was later deemed not to be otherwise appropriate for funding use under Section 603(c)(1)(A), (B),  or (D) of ARPA.

 

Section 3.  It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

Section 4.  This Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, safety and welfare of the citizens of the Village of Antwerp such reason being the Resolution must be enacted immediately in order for the Village to elect the standard allowance for revenue loss in order to participate in this program, and this Resolution shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

 

Passed this ____ day of ____________, 2022.

 

____________________________

Jan Reeb, Mayor

Attest:

 

_______________________________

Aimee Lichty, Fiscal Officer