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Home My WebLink AboutD-2057-11-FAILED - Limiting Purposes for EncumbrancesOrdinance No.: D- 2057 -11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, LIMITING THE PURPOSES FOR WHICH ENCUMBERED FUNDS MAY BE EXPENDED WHEREAS, the Carmel Common Council is obligated under Carmel City Pode 2 -12 and Indiana Code 36 -1 -4 -8 to provide for the payment of debts incurred by the C y of Carmel, including offices within the Executive branch; and WHEREAS, Carmel City Code 2 -203 currently imposes ce ain limitations on branches of the City government concerning encumbrances of future fu nd and, WHEREAS, the Carmel Common Council is concerne expenditures are not reasonably related to the furtherance of the WHEREAS, expenditures of any agency of t directed towards the advancement of the City's inttegts• WHEREAS, in order to ensure the ropri jj t}?'of xpenditures by the City, it is necessary and appropriate to enact an amendment to Ca ie/Cit; Code 2 -203 regarding the encumbrance of funds for future expenditures. Section 1: The foregoing Recita Section 2: Chapter 2, Article 6, Se 2 -203 Encumbra ces. INDLibrary2 0122203.0589503 1062456v1 is hereby amended to include sub °etion (d) as follows: it s interests; and, re in rporated herein by this reference. Sponsor: Councilor Seidensticker ha certain encumbrances and Carmel should be limited to and NOW, THEREFORE, I' IS E AND ORDAINED by the Common Council of the City of Carmel, Indiana, as llows. ion 2 -203 of the Carmel City Code should be and the same (a) All City epartments, the office of the Mayor, Clerk Treasurer, Common Council, and y Judge may not encumber funds into a subsequent budget year from the cu -nt year appropriation except when the encumbrance is assigned to a contract, p rchase order or other ongoing contractual obligation(s) excepting on- going se r ice agreements. (b A list of encumbrances shall be provided to the Office of the Clerk- Tre urer before the end of each budget year at a time and format decided by the fi al officer. If a list is not received on a timely basis, all funds shall be returned o their originating fund. The only exception will be invoices which remain in "dispute" or "inquiry" status, or invoices received after the last annual Council meeting. Ver. 1 This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. Pagel 1 Sponsor: Councilor Seidensticker (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 than that established by the original encumbrance. 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. (d) Except to the extent otherwise allowed by this section, funds may not be encumbered from one budget year to the next for clothing, office supplies, furniture, or any other item for which a department line item would ordinarily be used in the normal course of business. Payments for such items shall be deducted from the requesting department's budget in the year in which the payment is made. In the event of an emergency that requires an encumbrance that would otherwise be improper under this section, the requesting department head, or a designee, must personally present the circumstances of the emergency to the Common Council, and the Council must approve such encumbrance prior to any purchase of such items." Section 3. All other current provisions of City Code Chapter 2, Article 6 shall remain in full force and effect and are not affected by this Ordinance. Section 4. 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. 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 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, 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 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. by the Common Council of the City of Carmel, Indiana, this 1 day of k eNfrtibef, 2011, by a vote of I. ayes and 5 nays. Ver. 1 This document prepared by Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. INDLibrary2 0122203.0589503 1062456v1 Pagel2 Presiding i fficer W. Eric Seide sticker President P P Pos e John V. Accetturo oPPoSe Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk -Tre ATTEST: Diana L. Cordray, IAMC, Clerk- Treasurer INDLibrary2 0122203.0589503 1062456v1 COMMON COUNCIL FOR THE CITY OF CARMEL empore Kevin Rider Sponsor: Councilor Seidensticker PPose D Joseph C. Griffiths O PPoscD pT p(LCs N 1 Richard L. Sharp O Luci Snyder Presented by me to the May f the City of Carmel, Indiana this day of 'N\D‘lernbe.f 2011, at tO P.M. Diana L. Cordray, IAMC, Clerk Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2011, at .M. Jame 'T rainard, ayor Ver. 1 This document prepared by: Thomas D. Perkins, attorney at law, Frost Brown Todd LLC. 'age 3