Article V. Financial Procedures

Section 5-01. Fiscal Year.

The fiscal year of the City shall be established by the council by ordinance.

Section 5-02. Operating Budget Preparation and Adoption.

At least ninety (90) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget in the form required by this charter. At the meeting of the council at which the operating budget is submitted, the council shall order a public hearing on it and shall cause to be published in the official journal, at least ten (10) days prior to the date of such hearing, the time and place thereof, a general summary of the proposed budget and the times and places where the copies of the proposed budget are available for public inspection. At the time and place so advertised, the council shall hold a public hearing on the budget as submitted. The budget shall be finally enacted not later than the second-to-last regular meeting of the fiscal year. If the budget has not been enacted by that date, the budget as submitted to the council by the mayor shall become effective. Upon enactment, the budget shall be in effect for the budget year and copies shall be filed with the clerk of the council. The enacted budget shall be reproduced and sufficient copies shall be made available for use by all offices, departments and agencies of the City, and for the use of interested persons.

Section 5-03. The Operating Budget Document.

A. The operating budget for the City government shall present a complete financial plan for the ensuing fiscal year and shall consist of at least three (3) parts as follows:

Part I shall contain: (1) a budget message, prepared by the mayor, which shall outline the proposed fiscal plan for the City and describe significant features of the budget for the forthcoming fiscal period; and (2) a general budget summary which, with supporting schedules, shall show the relationship between total proposed expenditures and total anticipated revenues for the forthcoming fiscal period and which shall compare these figures with corresponding actual figures for the last completed fiscal year and estimated figures for the year in progress.

Part II shall contain: (1) detailed estimates of all proposed expenditures, showing the corresponding estimated expenditures for each item for the current fiscal year and actual figures for the last preceding fiscal year with explanations of increases or decreases recommended related to performance standards or workload measurements, to the extent of availability of such information; (2) detailed estimates of all anticipated revenues and other income, showing the corresponding estimated revenues or income of each item for the current fiscal year and actual figures for the last preceding fiscal year with explanations of increases or decreases; (3) delinquent taxes for current and preceding years, with the estimated percentage collectible; (4) statement of the indebtedness of the City, showing debt redemption and interest requirements, debt authorized and unissued, and conditions of the sinking funds; and (5) such other information as may be requested by the council.

Part III shall contain a proposed complete draft of the appropriation ordinance. All appropriations shall be by department and/or program.

B. The total of proposed expenditures shall not exceed the total of estimated funds available.

Section 5-04. Amendments to Operating Budget.

A. Supplemental Appropriations: If during the fiscal year the mayor certifies that there are available for appropriation revenues in excess of those estimated in the operating budget, the mayor may present a supplemental budget for the disposition of such revenues, and the council by ordinance may make supplemental appropriations for the year up to the amount of such excess in the same manner required for adoption of the budget.

B. Emergency Appropriations: To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of this charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by such emergency ordinance borrow money in sums necessary to meet the emergency in accordance with procedures established by state law.

C. Reduction of Appropriations: If at any time during the fiscal year it appears to the mayor that the revenues available will be insufficient to meet the amount appropriated, the mayor shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent a deficit. Subject to the limitations in this section, the council may, by ordinance, reduce any appropriation at any time.

D. Transfer of Appropriations: At any time during the fiscal year the mayor may transfer part or all of any unencumbered appropriation within programs or functions. An unencumbered appropriation balance may be transferred from one department, office or agency to another or from one program or function to another only upon council action by ordinance.

E. Limitations: No appropriation for debt service may be reduced or transferred and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof.

Section 5-05. Capital Improvement Program and Budget.

A. Each year, no later than the time of submission of the operating budget for the ensuing fiscal year, the mayor shall prepare and submit to the council a capital improvement program covering a period of at least five (5) years. The amount indicated to be spent during the first year of the capital improvement program shall be the capital budget for that year.

B. The capital program shall include:

(1) A clear general summary of its contents.

(2) A list of all capital improvements and acquisitions which are proposed to be undertaken for at least the five (5) fiscal years next ensuing with appropriate supporting information as to the necessity for such improvements and acquisitions.
(3) Cost estimates, method of financing and recommended time schedules for each such improvement or acquisition.
(4) The estimated annual cost of operating and maintaining the capital improvement to be constructed or acquired.

The information shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

C. At the meeting of the council at which the capital improvement program is submitted, the council shall order a public hearing on such capital improvement program and shall cause to be published in the official journal, at least ten (10) days prior to the date of such hearing, the time and place thereof, a general summary of the proposed capital improvement program and the times and places where copies of the proposed capital improvement program are available for public inspection. At the time and place so advertised, the council shall hold a public hearing on the capital improvement program as submitted. The capital improvement program shall be finally adopted not later than the second-to-last regular meeting of the fiscal year. The capital improvement program as finally adopted shall be reproduced and sufficient copies shall be made available for use by all offices, departments and agencies of the City, and for the use of all interested persons.

Section 5-06. Administration of Operating and Capital Budgets.

A. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with the approved operating and capital budgets and appropriations duly made and unless the mayor or the mayor's designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. However, this provision shall not limit the authority of the City to borrow funds in anticipation of revenues as provided in the general laws of the state. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal. Such action shall be cause for removal of any official, officer or employee who knowingly authorized or made such payment or incurred such obligation or who caused such payment to be authorized or made or obligation to be incurred. Such persons shall also be liable to the City for any amount so paid.

B. Nothing in this charter shall be construed so as to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is authorized by ordinance.

Section 5-07. Lapse of Appropriations.

Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned. The purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation.

Section 5-08. Bonded Debt.

The City is empowered to incur bonded debt in accordance with this charter and the constitution and statutes of the state. When voter approval is required, no resolution shall be passed calling for a referendum to incur a bonded debt until an engineering and economic feasibility report shall have been made to the council and a summary thereof published in the official journal at least thirty (30) days prior to the proposed date of the election, unless the council is required to call such an election pursuant to a petition as provided for under the general laws of this state.

Section 5-09. Facsimile Signatures.

Facsimile signatures are authorized for negotiable instruments and multiple certificates of indebtedness in those cases where an official is required by law to sign.

Section 5-10. Purchasing.

Purchasing of all property, supplies, materials and services shall be under a central purchasing system and shall be in accordance with applicable state law, council policy and administrative requirements.

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