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Home My WebLink AboutD-2741-24 Budget Procedure SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. ORDINANCE NO. D-2741-24-B AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 6, SECTIONS 2-301, 2-302 AND 2-303, OF THE CARMEL CITY CODE. Synopsis: Ordinance amending budget procedures of the City of Carmel. WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code § 36-4-7-6, is required to formulate a budget estimate for the ensuing year; and WHEREAS, the City has previously established budget procedures, such being codified, in part, under Carmel City Code §§ 2-301, 2-302, and 2-303; and WHEREAS, the Common Council of the City now finds that in the interests of fiscal responsibility this procedure should be amended. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The following subsections of Carmel City Code Sections 2-301, 2-302, and 2-303 are hereby amended, and shall read as follows: “§ 2-301 Transfer of Funds. (a) Common Council Approved Transfers. The Common Council may transfer money from one major budget classification to another within a City department or component of government and may transfer appropriated funds between line items within major budget classifications within a City department or component of government when the transfer between line items would cause the Maximum Approved Transfer Amount (as defined in subsection (b)(1)) to be exceeded and if: (1) It determines that the transfer is necessary; (2) The transfer does not require the expenditure of more money than the total amount set out in the budget as finally determined pursuant to I.C., 6-1.1 et seq.; (3) The transfer is made at a regular public meeting and by proper resolution; and (4) The transfer is certified to the county auditor when the transfer is between major budget classifications. (b) Controller Approved Transfers. (1) The Controller may transfer appropriated funds between line items within a major budget classification for all City departments, the Office of the Mayor, the Clerk, and the City Judge without the approval of the Common Council, provided, however, that such transfers may not exceed the Maximum Approved Transfer Amount. The term “Maximum Approved Transfer Amount” shall mean no more than $50,000 per receiving line item, per calendar year, except that no Maximum Approved Transfer Amount shall apply to personnel costs and expenses. Ordinance D-2741-24-B – Finance, Utilities, and Rules Committee – February 3, 2025 Page One of Three Pages Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. (2) Controller Approved Transfers may be made without notice and without the approval of the Department of Local Government Finance. § 2-302 Chart of Accounts and Budget Forms. (a) The Controller shall adopt a Chart of Accounts in compliance with the State Board of Accounts and Department of Local Government Finance and shall submit a copy of any changes at the next Common Council meeting. Nothing in this Section shall restrict the Common Council’s ability to direct the Controller to make changes to the Chart of Accounts. (b) The Controller shall adopt budget forms to be used in the preparation of the budget. All departments, Carmel/Clay Board of Parks and Recreation and all elected officials shall use the Chart of Accounts and budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be formulated in accordance with IC 36-4-7. The Controller shall submit a copy of any changes at least annually to the Common Council. (c) The Utility Department is exempt from the provisions of this Section. § 2-303 Encumbrances. (a) Written contractual obligations. Components of government may only encumber funds with a written contractual obligation from one budget year to the next with approval of the Controller, with the exception of the below limited exceptions. (b)Reserved for future use. (c) All capital fund projects (Cum Cap Development, Cum Cap Improvement, and Cum Cap Sewer) as well as Local Road and Street Fund projects that have been encumbered may not be used for any project or purpose different from that established by the original encumbrance, and such project or purpose must proceed in the budget year in which the funds are encumbered. If it is deemed necessary to change the scope of the encumbrance, a resolution must be presented to and approved by the Common Council. This resolution shall list the detailed justification for the change request.” Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5. The remaining portions of Carmel City Code Sections 2-301, 2-302, and 2-303 are not affected by this Ordinance upon its passage. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Ordinance D-2741-24- B – Finance, Utilities, and Rules Committee – February 3, 2025 Page Two of Three Pages Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 SPONSOR(S): Councilors: Green and Aasen This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise. PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2025, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Adam Aasen, President Matt Snyder, Vice-President Rich Taylor Anthony Green ______________________________ Jeff Worrell Teresa Ayers ______ Shannon Minnaar Ryan Locke ______________________________ Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this day of _________________________ 2025, at _______ __.M. Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this day of ________________________ 2025, at _______ __.M. Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk Ordinance No. D-2741-24- B – Finance, Utilities, and Rules Committee – February 3, 2025 Page Three of Three Pages Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4 February 11:15 A 4th 3rd February 4th 11:30 A 9 0 February