ARTICLE VI. FINANCE1

DIVISION 1. GENERALLY

2-485 Employment contracts and agreements.

(a)    The City may not enter into any appointee-employment contract or agreement with any department director, mayoral appointee or nonunion management employee, without approval of such contract or agreement by the City Council, nor may the City enter into any contract or agreement for consulting services with any former City employee, retired, separated, or terminated from a City appointive or nonunion management position, without the approval of the City Council. Any employment contract entered into by the City shall be for employment considered “at-will,” and the employee shall sign a statement recognizing the at-will employment status. All employment contracts and agreements shall be signed by the Mayor and City Clerk upon authorization by the City Council. The Mayor is authorized to cancel all appointee-employment contracts or agreements as permitted by law and the terms of the contract or agreement.

(b)    The City Council is expressly prohibited as a body and Council members are expressly prohibited as individuals from attempting to influence the hiring or termination decision of the Mayor of any mayoral appointee or nonunion management employee. A violation of this section shall be considered a civil infraction.

(Ord. No. 2013, 12-28-93; Ord. No. 2289, § 1, 6-27-13)

2-486 Payment of city funds into treasury.

It shall be the duty of every officer and employee of the city to promptly pay into the city treasury all city moneys received by such officer or employee in connection with the business of the city.

(Code 1985, § 11-9)

2-487 Accounts required; statement; receipt.

(a)    All officers and employees shall keep a true and accurate account of all moneys or fees belonging to the city received in connection with the business of the city. Upon depositing money or fees into the city treasury, the officer or employee shall make and render to the city an itemized statement showing the date, from whom received, and the purpose for which such fees were collected or for which such payments were made.

(b)    Upon deposits being made, the city treasurer shall give to the officer or employee making the deposit a receipt stating the amount of money so received.

(Code 1985, § 11-10)

2-488 Forms and reports.

The Director of Finance is directed to prepare all necessary forms and reports for the use of the various departments and employees of the City in carrying out the provisions of this article.

(Code 1985, § 11-11; Ord. No. 2289, § 1, 6-27-13)

2-489 Daily deposits.

The City Treasurer shall daily deposit intact his entire receipts from all sources, and all money, checks, drafts or other payments on hand received by him on City business, to the credit of the City, in such bank as may be designated by the Council.

(Code 1985, § 11-12; Ord. No. 2289, § 1, 6-27-13)

2-490 Payroll.

The Finance Director shall approve all payrolls before released. No person shall receive a paycheck for time not worked. All paychecks shall be issued to all employees on the same day.

(Ord. No. 2289, § 1, 6-27-13)

2-491 Payment of invoices.

The Finance Director shall approve all invoices before paid. All invoices shall have documentation that the good or service was received by the City. No invoice shall be paid in excess of any contract authorized by the City Council, unless a change order or contract amendment has been appropriately approved.

(Ord. No. 2289, § 1, 6-27-13)

2-4922-515 Reserved.

DIVISION 2. PURCHASING

2-516 Legislative purpose.

(a)    This division is to provide for the purchasing of and disposition of property by the City, and for the changes in the administration and procedures of the purchasing division consistent with the Charter.

(b)    The people of the City by referendum vote have adopted a Charter effective May 3, 1982, and that Charter made significant changes in the administration of the Purchasing Department by assigning its functions to a division of the Finance Department, imposing upon it the responsibility of procuring all property and contracts for the City and disposing of all personal property which has become unsuitable for City use, unless provided otherwise by ordinance or administrative procedure, and requiring that all procurements and dispositions be made in accordance with open and fair procedures.

(c)    The procedures for procuring property and services and the disposition of property are to be established by ordinance to protect the interest of the City and to assure fairness; and the Charter provides that those procedures shall require competitive bidding for all purchases and contracts for procurement that exceed a dollar amount fixed by ordinance.

(d)    It is recognized that those firms who pay city property and income taxes may be placed at a competitive disadvantage over those firms which do not.

(e)    It is recognized that those firms who pay city property and income taxes contribute to the overall economic development of the city, and acceptance of bids from such firms rather than to “noncontributing” bidders may result in lower overall costs to the city.

(f)    It is recognized that it is the policy of the government of the United States to ensure the continuance of a strong and healthy free enterprise system.

(g)    The existence of a strong and healthy free enterprise system is directly related to the well-being and competitive strength of small business concerns and their opportunities for free entry into business, growth, and expansion.

(h)    The department and agencies of the United States government and its political subdivisions exercise, through their regulatory and other programs and practices, a significant influence on the well-being and competitive strength of business concerns, particularly business concerns owned by socially or economically disadvantaged persons, and their opportunities for free entry into business, growth and expansion.

(i)    Socially or economically disadvantaged persons traditionally have aspired to own their own businesses and thereby to participate in our free enterprise system. Socially or economically disadvantaged persons, through no fault of their own, have been denied a full opportunity to achieve these aspirations.

(j)    The policy of the executive branch of the United States government as announced in Executive Order Nos. 11458, 11518 and 11625 supports the establishment of programs to promote and strengthen minority business enterprise.

(k)    The Congress of the United States has enacted the Small Business Act, to “aid, counsel, assist and protect...the interests of small business concerns in order to preserve free competitive enterprise (and) to ensure that a fair proportion of the local purchases and contracts or subcontracts for property and services for the government...be placed with small business enterprises.”

(l)    The Small Business Administration has promulgated regulations establishing a program to assist small business concerns “owned by socially or economically disadvantaged persons.”

(m)    The city council endorses the declared policy of the executive and legislative branches of the United States government to promote economy, efficiency and effectiveness in the procurement of property and services, while, at the same time, aiding and assisting, insofar as is possible under the law, the interests of small business concerns, especially those small business concerns which are city-based and owned by socially or economically disadvantaged persons.

(Code 1985, § 2-26; Ord. No. 2233, § 1, 2-29-12; Ord. No. 2289, § 1, 6-27-13)

2-517 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Contract means any city contract, including contracts awarded by competitive bidding, single-source or negotiated contracts, or contracts awarded by any other procurement process and whether or not done in conjunction with any other government agency, or public or private entity. Purchase orders and so-called blanket purchase orders are contracts under the provisions of this division.

Division means the purchasing division of the finance department.

Invitation for bids means the complete assembly of related documents (whether attached or incorporated by reference) furnished prospective bidders for the purpose of bidding.

Lowest responsible bidder means that bidder who submits the lowest bid, conforming to specifications, as evaluated pursuant to section 2-519, and who is qualified by meeting the following standards as they relate to the particular contract under consideration. The bidder must demonstrate:

(1)    Adequate financial resources for performance, or the ability to obtain such resources as required during performance, as determined by the purchasing agent, after consultation with the department that will be utilizing the goods or services procured, and the necessary experience, organization, technical qualifications, skills and facilities, or has the ability to obtain them (including probable subcontractor arrangements);

(2)    Ability to comply with the proposed or required time of delivery or performance schedule;

(3)    A satisfactory record of integrity, judgment and performance (contractors who are delinquent in current contract performance, considering the number of contracts and the extent of delinquencies of each, shall, in the absence of evidence to the contrary or compelling circumstances, be presumed to be unable to fulfill this requirement);

(4)    Qualifications and eligibility to receive an award under applicable laws, ordinances and regulations; and the ability to comply with applicable bonding and insurance requirements;

(5)    That the bidder is not disqualified under section 2-528, pertaining to contractors or vendors in default or indebted to the city, of this division.

Major means a purchase or contract of not less than the specified dollar valuation of a contract as set forth below in relation to the corresponding contract classification. A contract or purchase that is “major” shall be considered as exceeding the dollar amount requiring competitive bidding as defined in this section, pursuant to section 4.304 of the Charter.

MAJOR CONTRACTS

Purchases of materials, equipment and supplies over $10,000.

Public work contracts for demolition, street paving, or other construction over $10,000.

Other purchases and contracts, including services (including, but not limited to, tree removal, catering, janitorial, maintenance, etc.) over $10,000.

Disposition of materials, equipment and supplies pursuant to section 2-520 over $10,000.

Disposition or purchase of real property pursuant to section 2-520 over $10,000.

Contracts and purchases shall not be divided into units smaller than the amounts set forth above in order to avoid being classified as major.

Professional service contract means a contract for services to the city or any agency of the city by physicians, attorneys, accountants, architects, engineers, or any other person rendering service to the city which would usually be considered professional.

Purchasing agent means purchasing agent of purchasing division, finance department, of the city.

Subcontract means an agreement between a subcontractor and a contractor under which the subcontractor will provide goods, services, materials, equipment or supplies to a contractor.

Subcontractor means any person providing goods, services, materials, equipment or supplies to a contractor.

Unit means any item offered for sale by the city as a separate item, or, when items to be sold by the city are deemed to be more readily saleable in groups, any group of items offered for sale by the city in a group and not separately.

(Code 1985, § 2-27; Ord. No. 2233, § 1, 2-29-12)

Cross reference—Definitions generally, § 1-2.

2-518 Centralized purchasing authority; use of purchase orders; change orders.

(a)    Except as otherwise provided in this division, all rights, powers, duties and authority relating to the procurement of supplies, services and construction, in or exercised by the City or any agency of the City, and the sale and disposal of materials, equipment and supplies owned by the City or any agency of the City, are hereby transferred to the Finance Director and Purchasing Agent as provided in this division and the Charter, sections 4.303 and 4.304.

(b)    All goods and services acquired by the City, except utility bills, principal and interest payments on bonds, refunds, remittances, and juror payments, shall be approved as evidenced by a purchase order approved by the Purchasing Agent. Purchase orders shall not span fiscal years in that expenses shall be charged against the purchase order in the year the expensed item or service was received by the City. The Purchasing Agent shall not approve any purchase order unless there is a sufficient appropriation to cover the requested purchase.

(c)    The Finance Director is authorized to issue change orders to the extent permitted by contract or this Code. Unless permitted by contract, no change order shall be authorized if such change order or the sum of all change orders is greater than ten percent of the original purchase order without the approval of the City Council. The Finance Director shall not approve any change order unless there is a sufficient appropriation to cover the requested purchase.

(Code 1985, § 2-28; Ord. No. 2233, § 1, 2-29-12; Ord. No. 2289, § 1, 6-27-13)

2-519 Duties of purchasing agent.

All purchases by the purchasing agent shall be made in the following manner:

(1)    If the purchase is major as defined in this division, the purchasing agent shall proceed to obtain competitive bids as follows:

a.    Prepare the invitation for bids, describing the requirements of the city clearly, accurately and completely, but avoiding restrictive specifications that might unduly limit the number of bidders. (See section 2-526 regarding specifications for construction contracts and purchases where written specifications are utilized.)

b.    Publicize the invitation for bids by advertising for bids on the City’s webpage for at least seven calendar days. In cases where the purchasing agent deems it advisable, he may also advertise for such bids in trade journals and other publications, and may send copies of such advertisement to persons and firms likely to be interested therein. Such advertisement shall accurately and clearly describe or refer to the subject matter of the proposed purchase, and may refer the bidder to specifications on file in the purchasing agent’s office. Such advertisement shall also contain information as to the time and place of submitting bids, and such other information from the specifications as the purchasing agent shall deem advisable in the interest of the city. After publication of one advertisement, specifications shall not be changed prior to the award of the contract without the publication of a new advertisement calling attention to such change, or, in the case of a change or correction of the specifications in a purchase or project where written bid documents have been prepared and obtained by prospective bidders, changes not affecting the scope of the project may be made by written addendum sent to all parties who have obtained bid documents, in which case such changes may be made without readvertising. Sufficient time shall be allowed to enable prospective bidders to prepare and submit bids before the time set for public opening of bids. Any invitation or solicitation for bids shall reserve in the city the right to reject any and all bids, and the right to determine whether each bidder is a responsible bidder in accordance with qualifications and standards duly adopted by the city.

c.    Receive written bids submitted by prospective contractors.

d.    The above requirements for competitive bidding shall not be applicable if any one of the following conditions is found to exist:

1.    The expenditure involved is not “major” as defined in section 2-517;

2.    Public emergency requires the immediate delivery of the articles or performance of the service;

3.    Only one source of supply is available and the purchasing agent shall so certify;

4.    The item to be acquired is rare or unique and the purchasing agent shall so certify.

e.    When an invitation for bids is published, it shall designate whether or not the bids shall be sealed bids and whether or not they will be opened in public. The purchasing agent shall determine when sealed bids and a public opening shall be required based upon standards set forth in the administrative rules adopted under this division.

(2)    If the purchase or sale entails an expenditure that is not “major” as defined in section 2-517, the purchasing agent is authorized to let the contract subject to the following conditions:

a.    Proposals shall be solicited by the purchasing agent from qualified persons.

b.    The practice of competitive bidding is required, but formal advertising shall not be required.

c.    The purchasing agent must make a determination that the prospective contractor is responsible. The purchasing agent should utilize all available information from within the purchasing division and other city departments, from the prospective contractor, from banks and other financial companies, in order to ascertain whether the prospective contractor is responsible, under the guidelines set forth under “lowest responsible bidder” in this section.

d.    No contract shall be awarded by the purchasing agent under this subsection (2) until the purchasing agent shall have made a determination that the contract price is reasonable, based upon the following criteria:

1.    Other recent contracts for same or similar materials or services, under the same or similar specifications;

2.    The price bid by the prospective contractor is validated by a federal, trade or other recognized index, to the extent possible;

3.    Allowance for a reasonable profit considering prevalent market conditions;

4.    An adequate number of proposals were submitted to ensure a fair price; or

5.    Any other relevant factors.

(3)    The following provisions shall apply to all purchases and/or contracts entered into pursuant to this division.

a.    Any person who submits a bid or proposal to the city shall comply with all reasonable requirements of the city and any agencies of the city regarding the submission of statements and information as to the qualifications of the bidder; its experience in completing contracts or constructing the type of improvements bid upon; the bidder’s organization and the equipment owned by the bidder or available to the bidder for the work; and any detailed financial statement requested.

b.    The city may reject the proposal or bid of any person who it determines is not qualified to perform the obligations to be performed pursuant to the contract in question. The city may reject any proposal by any bidder as unqualified who does not habitually perform and complete a major portion of contract work with its own forces or does not follow the city’s requirements for submitting bids.

(Code 1985, § 2-29; Ord. No. 2212, § 1, 9-3-09; Ord. No. 2233, § 1, 2-29-12)

2-520 Disposition of excess or obsolete property.

(a)    The Purchasing Agent shall sell by sealed bid or auction all personal property of the City no longer necessary or which shall have become unsuitable for public use or which may have been condemned as useless or deemed unnecessary to the City by any of the various departments, offices, boards, courts, commissions and institutions. All items, however, that are determined in writing by the Purchasing Agent and the director of the utilizing department to be of greater value when traded in or transferred to a supplier as payment or partial payment for new equipment of a same or similar nature shall be disposed of by the Purchasing Agent in this manner. All personal property with a unit value less than or equal to $10,000.00, or fungible property to be disposed of in bulk with a value of less than or equal to $10,000.00, shall be considered minor, and no public hearing shall be required prior to the sale thereof, pursuant to section 3.113 of the Charter. All personal property valued over $10,000.00 may be disposed of only after public hearing and approval by resolution of the Council, but the City Council by a unanimous vote may waive a bid or auction process for the disposal of personal property.

(b)    The same procedures shall be followed in the disposal of property under this section, as near as may be, as in the case of purchases, except that disposition of personal property which is not in the ordinary course of business shall be made in accordance with the provisions of section 2-524.

(c)    The values for property to be disposed of under this section, for the purposes of this section, shall be determined by the agreement of the Purchasing Agent and the director of the utilizing department, who may rely on the sources commonly used by persons dealing in the type of equipment in question in establishing such values.

(d)    Once the value of property for purposes of this section is determined to be under or equal to $10,000.00, such valuation shall not be affected if more than $10,000.00 is subsequently bid for or paid for the property.

(e)    All real property shall be disposed of only after a public hearing by the City Council. The notice of public hearing shall include the parcel ID of the property in question, street address if possible, the minimal purchase price, the proposed method of disposal, and any other information that the Purchasing Agent or Director of Community Development believes is necessary to include in the notice. Real property may be sold or exchanged by open public auction, online auction, sealed bid auction, or direct sale. The City Council may waive a sealed bid or auction procedure for real property only upon unanimous vote; provided, that the public has an opportunity to comment on the proposed disposal procedure before the City Council formally waives the requirement.

(f)    All deeds shall be signed by the Mayor and City Clerk upon authorization of the sale by City Council, or in the event of an auction, upon receipt of payment.

(g)    The City may lease real property only after a public hearing by the City Council. The notice of public hearing shall include the parcel ID of the property in question, street address if possible, a summary of the terms of the lease, and any other information that the Purchasing Agent or Director of Community Development believes is necessary to include in the notice. All leases approved by the City Council shall be executed by the Mayor and the City Clerk. If the terms of the lease are broken, the Mayor shall authorize the City Attorney to begin court proceedings to require compliance or to terminate the lease.

(h)    All notices of public hearings required under this section shall be posted by the City Clerk in the same location in City Hall as other public notices and shall be posted on the City’s web page in the same location as other public notices. Such notices shall be posted at least 96 hours before the hearing.

(Code 1985, § 2-30; Ord. No. 2233, § 1, 2-29-12; Ord. No. 2289, § 1, 6-27-13)

2-521 Professional service contracts.

(a)    Professional service contracts are excluded from the provisions of this division. The Mayor shall with the concurrence of the Council adopt administrative rules regarding the retention of professional services. However, any contract for professional services, except for legal and accounting services, during the course of a fiscal year in excess of $10,000.00 must have the approval of the Council, unless the services required are of an emergency nature attested in writing by the department head requesting the service, the Finance Director, the Purchasing Agent, and the Mayor. Such emergency contracts shall be forwarded to City Council for their information along with the attestation.

(b)    The Mayor, with the concurrence of the Finance Director and City Attorney, may secure the services of law firms and accounting firms up to $500,000.00 per year without a formal contract approved by City Council; provided, that there are funds available in the City’s budget for such services. The use of attorneys and accounting firms under this provision is not intended to establish a long-term relationship with the City, but rather to address a specific need expressed by the City Attorney or Finance Director in writing.

(c)    Professional service contracts can only be cancelled in accordance with the terms of the contract in question by five votes of the City Council and concurrence of the Mayor.

(d)    The Mayor may authorize the City Attorney to file suit against any contractor which is deemed by the Mayor and City Attorney to be in breach of contract with the City.

(Code 1985, § 2-31; Ord. No. 2015, § 1, 6-2-94; Ord. No. 2233, § 1, 2-29-12; Ord. No. 2289, § 1, 6-27-13)

2-522 Other powers of purchasing agent.

The purchasing agent shall have such other powers and perform such other duties as are prescribed by the Charter and this division or may be necessary under this division or the Charter for the proper discharge of his duties. The powers and duties of the agent and of the purchasing division, as set forth in this division, shall be regarded as supplemental to the powers and duties as set forth in the Charter and other ordinances of the city, and shall not be deemed to restrict or circumscribe powers and duties elsewhere granted or imposed.

(Code 1985, § 2-31.1; Ord. No. 2233, § 1, 2-29-12)

2-523 Cooperative purchasing participation.

The City Council shall have the authority to join with other units of government in cooperative purchasing plans when it is in the best interests of the city. The cooperative purchasing may include but is not limited to joint or multiparty contracts between public purchasing units and open-ended state or federal public purchasing unit contracts which are made available to the city, notwithstanding any other provisions of this article. The city may also utilize cooperative purchasing organizations, including those using electronic bidding, to purchase supplies and services when deemed by the purchasing agent or city council to be in the best interest of the city. In such instances, where bids are received through a formal cooperative purchasing program or when bids are received by another governing unit for an item that meets the needs of the city, the advertising and bidding requirements identified in this division shall be deemed to have been met.

(Code 1985, § 2-31.2; Ord. No. 2233, § 1, 2-29-12)

2-524 Disposition of unique and rare items.

The purchasing agent is hereby authorized to contract for the disposition of unique and rare items, including, but not limited to, art objects, antiques, books or animals, by competitive bidding, either in writing or at auction, or by negotiated sale or competitive negotiation, in the purchasing agent’s discretion. Disposition of such items except those defined as minor in section 2-520 shall be subject to the approval of the city council.

(Code 1985, § 2-31.3; Ord. No. 2233, § 1, 2-29-12)

2-525 Security.

The mayor is authorized to adopt administrative rules on security requirements, including but not limited to bid bonds and insurance and indemnity requirements, in order to provide reasonable security to the city. This provision shall be interpreted as supplemental to, and not as a substitute for, the requirements relating to bid and performance bonds as may be required by law.

(Code 1985, § 2-31.4; Ord. No. 2233, § 1, 2-29-12)

2-526 Specifications, contracts and bid documents for construction contracts and purchases.

(a)    Specifications, contracts and bid documents for construction contracts and purchases where written specifications are utilized shall be drawn in accordance with the directives set forth in this division and shall be prepared by the using department, subject to the approval of the Purchasing Agent. Whenever a commodity is to be procured or disposed of by more than one department, the purchasing division shall establish standard specifications after consulting with all involved departments.

(b)    Notwithstanding the foregoing provisions regarding the preparation of contract specifications and the provisions of this division regarding the procedures for advertising, bidding and award of City contracts, the administration of construction contracts after the award thereof shall be the responsibility of the department or division as designated by the Mayor, and not the Purchasing Agent.

(c)    Notices of projects or items sought through a competitive bid process shall be posted on the City’s web page and also on the MITN website. Notices shall be posted for a minimum period of one week. Notices shall direct respective bidders to the City’s website where the complete bid package is available.

(Code 1985, § 2-31.5; Ord. No. 2233, § 1, 2-29-12; Ord. No. 2289, § 1, 6-27-13)

2-527 Requirement for tax or appropriation; payment for goods and services.

(a)    No contract shall be let or entered into for the construction of any public work until the city council has levied a tax or assessment to defray the cost and expenses of such construction, or until the city council has created a local assessment district for the levy of a special assessment therefor or until an appropriation has been made therefor in the duly adopted city budget. The creation of a local assessment district for any improvement shall be a sufficient appropriation under the terms of this division.

(b)    No obligations shall be incurred against, and no payments shall be made from, any allotment or appropriation except in accordance with appropriations duly made and unless the budget control officer certifies that there is a sufficient unencumbered balance in the allotment or appropriation and that sufficient funds will be or are available to meet the obligation.

(c)    Whenever the city is a party to any contract or other instrument, the department head of the using department shall attach a certification to the purchase order or other instrument, stating that property purchased was received in proper condition in accordance with the specifications for the purchase or contract, before payment is made.

(Code 1985, § 2-31.6; Ord. No. 2233, § 1, 2-29-12)

2-528 Contractors or vendors in default or indebted to city.

No bid shall be accepted from or contract awarded to any person who is in arrears to the city upon debt or contract, including payments of real property taxes, or an income tax obligation of any kind, or who is in default as to security or otherwise upon an obligation to the city, nor any person who shall in other respects be disqualified according to the provisions of this division, or any other provision of this Code or the Charter. The city treasurer shall maintain a record of those entities that are in arrears on any obligation to the city as provided in this section and furnish an updated copy thereof to the purchasing agent regularly.

(Code 1985, § 2-31.7; Ord. No. 2233, § 1, 2-29-12)

2-529 Violations and penalties.

Any person who shall violate any provision of this division shall be punishable in accordance with the provisions of section 1-25 of this Code. Any material misrepresentation to the city by a bidder, vendor or contractor, or prospective bidder, vendor or contractor, included in any material submitted in a bid or proposal or otherwise submitted to the city in connection with an attempt to obtain a contract with the city or engage in a business transaction with the city, shall be a violation of this division, and may be considered sufficient basis to disqualify the contractor or vendor from eligibility for the award of a city contract.

(Code 1985, § 2-31.8; Ord. No. 2233, § 1, 2-29-12)

2-530 Conflict of interest.

The conflict of interest provisions contained in section 6.107 of the Charter shall apply to any and all transactions arising under this division.

(Code 1985, § 2-31.9; Ord. No. 2233, § 1, 2-29-12)

DIVISION 3. EXECUTIVE BALANCED BUDGET ORDINANCE

2-531 Title.

The title of this division shall be the “executive balanced budget ordinance.”

(Ord. No. 2288, § 1, 6-27-13)

2-532 Definitions.

(a)    Balanced budget. The phrase “balanced budget” shall mean that the total proposed expenditures, including an accrued deficit, shall not exceed proposed revenue, including an available surplus.

(b)    Budget request packet. The phrase “budget request packet” shall mean the formal documents prepared by the Finance Director in which all budget requests shall be justified and made by department heads.

(Ord. No. 2288, § 2, 6-27-13)

2-533 Budget preparation.

(a)    On or before March 15 in each year, the Finance Director shall distribute the budget request packet to each department head, who shall return the completed budget request packet to the Finance Director on or before April 1 in each year.

(b)    On or before April 15 in each year, the Finance Director shall transmit the departmental requests to the Mayor, who may revise or alter the estimates, and then shall return a copy of a balanced budget as revised to the Finance Director for tabulation on or before May 1 each year along with a list clearly indicating the changes the Mayor made in order to arrive at a balanced budget.

(c)    The Finance Director shall recalculate the balanced budget proposed by the Mayor and shall inform the Mayor of any inconsistencies.

(d)    On or before May 15 in each year, the Mayor shall submit to the City Council the proposed budget and appropriations ordinance for the ensuing two fiscal years and the proposed tax rate for the ensuing fiscal year. The proposed budgets shall be balanced. The Mayor shall provide a budget message with the proposed budgets that identifies revenues, expenditures, and significant revenues and significant expenditures.

(Ord. No. 2288, § 3, 6-27-13)

2-534 The budget document.

The budget for each fund of the City shall be presented in a format that is readable and understandable to the general public and classified by character, object, function, and activity consistent with the uniform chart of accounts prescribed by the State Treasurer; provided, that long-term and short-term goals and measurable objectives of the program are clearly identified (MCL 141.421). The Finance Director shall prepare the budget document and make it available to the public during the time the budget is available for public inspection, and shall revise the document upon adoption of the resolution adopting the budget. The budget document shall consist of the following components, not necessarily in the order presented:

(1)    Part I—Revenues. Part I shall contain estimates of all anticipated revenues for the two ensuing fiscal years applicable to proposed expenditures. It shall include a summary statement of anticipated revenues classified by fund and source; a comparison between revenues actually received during the last completed fiscal year, those received and anticipated for the current fiscal year, and those anticipated for the next two ensuing fiscal years; the estimated surplus or unobligated balance of the current fiscal year, and any additional information required by the Mayor.

(2)    Part II—Expenditures. Part II shall contain estimates of all operating and capital outlay expenditures for the two ensuing fiscal years. It shall include a statement of proposed expenditures for all funds classified by function. It shall show, in the same classification of expenditure, the expenditures of the last completed fiscal year, those anticipated for the current fiscal year, estimated expenditures for the budgetary center for the next two ensuing fiscal years; it shall include as separate items any deficit from the preceding fiscal year that was not included in the budget for the current year and any anticipated deficit resulting from operations of the current year; and any other additional information required by the Mayor.

(3)    Part III—Capital outlay. Part III shall consist of the capital improvement plan. These recommendations shall be accompanied by a statement indicating recommended priorities for projects and shall set forth for each project:

a.    The intended use of the land, building, or equipment requested;

b.    The total estimated cost at completion;

c.    Appropriations and expenditures made to date;

d.    Actual expenditures and encumbrances at the close of the last completed fiscal year;

e.    Estimated expenditures and encumbrances for the current fiscal year;

f.    Estimates of the amount of money necessary for the next five fiscal years; and

g.    Estimates of annual operating costs, if any, and the method of financing those costs, for the next five fiscal years.

(4)    Part IV—Supplementary information. Part IV shall consist of the following information, at a minimum, that shall be included at some point in the budget document:

a.    A table of contents to assist the reader in locating information;

b.    An explanation of the budget process and accounting procedures followed by the City in the preparation of the budget;

c.    A glossary of terminology that may not be readily understood by the average reader;

d.    A community profile;

e.    An organizational chart;

f.    A list of all contracts, identification of service provided, value of the contract, and expiration date of the contract;

g.    A list of all full-time employees, their salaries, the total value of fringe benefits, and an indication if the employee could potentially receive a defined benefit pension or other post-employment benefits upon retirement;

h.    A comparable summary of personnel in each office from the previous fiscal year to the ensuing fiscal year and an explanation of proposed changes;

i.    A description of funds subject to appropriation;

j.    A description of activities, services, and functions subject to appropriation;

k.    A ten-year history of property tax levies and taxable value;

l.    A list of outstanding debt obligations of the City;

m.    A description of proposed capital outlays included in the budget as identified in the City’s capital improvement plan;

n.    A budget message from the Mayor that summarizes its proposed budget and any significant changes from previous years;

o.    Charts, graphs, graphics, organizational charts, and other data used effectively to describe allocations and operations and measure results;

p.    The proposed tax rate to support the budget;

q.    A budget summary of revenues and expenditures;

r.    A proposed general appropriations ordinance; and

s.    Additional information that the Mayor deems appropriate.

(Ord. No. 2288, § 4, 6-27-13)

2-535 Budget adoption.

(a)    On or before June 2, the City Council shall authorize and publish a notice of public hearing on the proposed budget and tax rate and shall introduce the proposed appropriation ordinance at a City Council meeting.

(b)    The City Council shall not amend the proposed appropriation ordinance or tax rate until after the public hearing. The City Council shall be permitted to make unlimited amendments to the budget subsequent to the public hearing on the budget and before its adoption.

(c)    By June 9 and no less than six days after the notice of public hearing on the proposed budget and tax rate is published and the proposed appropriation ordinance had been introduced at a City Council meeting, the City Council shall hold a public hearing on the proposed budget and proposed tax rate and shall adopt an appropriations ordinance and tax rate. The budget shall be adopted on a functional basis for expenditures, rather than on a departmental or line item basis.

(d)    At the meeting wherein the City Council adopts the appropriations ordinance, the Council shall adopt a resolution setting user fees for the ensuing fiscal year. Such fees shall be amended or waived by the City Council from time to time during the fiscal year only upon recommendation from the Finance Director and Mayor.

(e)    The Mayor shall be allowed to exercise his veto authority as granted by the City Charter.

(f)    During the fiscal year, whenever it appears to the Finance Director that the actual and probable revenues in any fund will be less than the estimated revenues upon which appropriations from such fund were based, and when it appears that expenditures will exceed an appropriation upon which appropriations from such fund were based, the Finance Director shall present to the Mayor recommendations to prevent expenditures from exceeding available revenues or appropriations for the fiscal year. Such recommendations shall include proposals for reducing appropriations, increasing revenues or both. The Finance Director is hereby authorized to amend accounts within functions in a fund and among functions in a fund during the fiscal year; provided, that such amendments do not change the total revenues, expenditures, transfers, and other uses for the fund as approved by the City Council. If the total revenues or the total expenditures, including transfers in and out and other sources and uses within a single fund, must be changed, then the Mayor shall present such amendment to the City Council for approval by resolution. Budget amendments shall be made by June 30 of each year.

(Ord. No. 2288, § 5, 6-27-13)

2-536 Penalty.

(a)    Any violation of section 2-533, 2-534, or 2-535 by the Mayor shall result in the deduction of one month pay for every month or portion thereof that he is late in fulfilling his budget preparation duties.

(b)    Any violation of section 2-533, 2-534, or 2-535 by the City Council shall result in the deduction of one month pay for every month or portion thereof that the Council is late in adopting the budget.

(c)    The retroactive payment of compensation deducted in accordance with this section upon fulfillment of duties is expressly prohibited.

(d)    The City Attorney, or any resident of the City, may file a complaint with the District Court to enforce this section in the event that a deduction of pay is not made.

(Ord. No. 2288, § 6, 6-27-13)


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Charter reference—Finance generally, art. V.

Cross reference—Taxation, ch. 110.