HomeMy WebLinkAboutD-2083-12 Limits on Capital Project EncumbrancessAN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, AMENDING CHAPTER 2, ARTICLE 6,
SECTION 2 -303 (ENCUMBRANCES), ESTABLISHING LIMITATIONS ON
ENCUMBRANCES FOR CAPITAL FUND PROJECTS
WHEREAS, the Carmel Common Council is obligated under Carmel City Code 2 -12
and Indiana Code 36 -1 -4 -8 to provide for the payment of debts incurred by the City of Carmel,
including offices within the Executive branch; and
WHEREAS, Carmel City Code 2 -303 currently imposes certain limitations on
branches of the City government concerning expenditures for capital fund projects (the
"Projects as those projects are defined in the ordinance; and,
WHEREAS, the Carmel Common Council desires to formalize a mechanism for
discussion between the Council and the City departments engaged in the Projects; and,
NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of
the City of Carmel, Indiana, as follows:
Section 1: The foregoing Recitals are incorporated herein by this reference.
Section 2: Chapter 2, Article 6, Section 2 -303 of the Carmel City Code should be and the same
is hereby amended to include subsection (d) as follows:
2 -303 Encumbrances.
ORDINANCE D- 2083 -12
AS AMENDED
Sponsor: Councilor Sharp
(a) All City departments, the office of the Mayor, Clerk- Treasurer,
Common Council, and City Judge may encumber funds in the absence of a
written contractual obligation from one budget year to a subsequent budget year,
only in conformance with this Section.
(b) In the event that a department seeks to carry forward such an
encumbrance to a subsequent budget year, that department must submit a
memorandum to the Common Council, prior to the adoption of the City budget by
the Common Council, listing any such encumbrance.
1) The failure to provide such a memorandum will result in
the automatic cancelation of such encumbrance and the automatic
return of the encumbered funds to their originating fund on the first
day of the following budget year;
2) The only exception will be invoices which remain in
"dispute" or "inquiry" status, or invoices received after the last
annual Council meeting; and,
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Sponsor: Councilor Sharp
3) Any encumbrances specified in such a memorandum shall,
subject to any modifications or conditions adopted by the Common
Council through a resolution, automatically be renewed in the
subsequent budget year.
(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, 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 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.
PASSED by the Common Council of the City of Carmel, Indiana, this Q. day of
2012, by a vote of 41 ayes and a nays.
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Presidi f g Officer
Richard L. Sharp, Presid: t Pro Tempore
onald E. Carter
ATTEST:
ATTEST:
COMMON CO p CIL FOR THE CITY )F CA EL
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Diana L. Cordray, IAMC, Clerk- ''reasurer
Diana L. Cordray, IAMC, Clerk reasurer
Kevin D. Rider
Carol Schleif
W. Eric S>idensticker
Neo tot
Sponsor: Councilor Sharp
Presented by me to the Mayor of the City of Carmel, Indiana this o`�`I day of
2012, at 1: a� �.M.
Diana L. Cordray, IAMC, Clerk -T surer
Ap roved by me, Mayor of the City of Carmel, Indiana, this ate{ day of
2012, at 7:17 M.
mes Brainard, Mayor
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