SECTION 40 . EXAMINATION OF ACCOUNT.

   The Director of Finance and Public Record shall, upon the death, resignation, removal or expiration of the term of any officer, examine the accounts of such officer and if such officer be found indebted to the City, he shall immediately give notice thereof to the Council and the Director of Law, and the latter shall forthwith proceed to collect the same.

SECTION 41 . PAYMENT OF CLAIMS.

   No warrant for the payment of any claim shall be issued by the Director of Finance and Public Record until such claim shall have been approved by the Mayor, and the Mayor and his sureties shall be liable to the City for all loss or damage sustained by the City by reason of the negligent or corrupt approval of any claim against the City by him. Whenever any claim shall be presented to the Director of Finance and Public Record he shall have power to require evidence that the amount claimed is justly due and that such claim is in conformity to law and ordinance. For that purpose the Director of Finance and Public Record may summon before him any officer, agent, or employee of any department, or any other person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer.

   If the Director of Finance and Public Record shall draw a warrant for any claim contrary to law or ordinance he and his sureties shall be individually liable for the amount thereof.

SECTION 42 . TREASURER.

   The Director of Finance and Public Record shall be ex-officio the City Treasurer and as such Treasurer shall receive no additional compensation therefor. He shall keep and preserve all moneys of the City in the place or places determined by the Council as provided herein. Such place or places of keeping shall be known as the City depository. All moneys of the City shall be disbursed by the Treasurer, with the exception of petty cash, which shall be disbursed as set forth in the City purchasing system manual.

(Amended November 7, 1989)

SECTION 43 . BANK STATEMENT; REPORT.

   The bank or banks in which the moneys of the City are deposited shall, on the tenth day of each month, render to the Council and file with the Finance Director a statement showing the daily balances to the credit of the City during the preceding month, together with such other information as the Council may require.

   The Director of Finance and Public Record shall also, at the first regular Council meeting of each month, render to Council and the Mayor a monthly statement of cash position. A detailed statement of all receipts and expenditures shall be rendered to the Finance Committee Chairman at the end of each quarter.

   Such report may be required by the Council at any time, without notice, and shall be examined and compared by, or under the direction of Council, and shall remain on file for at least one year. (Amended November 7, 1989)

SECTION 44 . SPECIAL ASSESSMENTS .

   The Director of Finance and Public Record shall have charge of the preparation and certification of all special assessments for public improvements; the serving of notices of such assessments to property owners, and all other duties connected therewith; the collection of such assessments as are payable directly to the City and the preparation and certification of all unpaid assessments to the County Auditor for collection.

SECTION 45 . CONTRACTS CERTIFIED.

   No contract, agreement or other obligation involving the expenditure of money, shall be entered into, nor shall any ordinance, resolution, or order for the expenditure of money be passed by the Council or by any officer of the City, unless the Director of Finance and Public Record, shall first certify to the Council or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation, or expenditure, is in the Treasury, to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and recorded in the records of the Council. The sum so certified shall not thereafter be considered unappropriated until the City is discharged from the contract, agreement or obligation.

   All moneys actually in the Treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the Treasury before the maturity of such contract, agreement or obligation, from taxes or assessments, or from sales of services, products or byproducts, or from any City undertakings, fees, charges, accounts and bills receivable or other credits in process of collection; and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the Treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds, or notes sold and in process of delivery, shall, for the purpose of such certificate, be deemed in the Treasury to the credit of the appropriate fund and subject to such certification. No contract shall be let which exceeds by ten percent the estimate for the improvement contemplated.

(Amended November 7, 2000)

SECTION 46 . CONTRACTS - WHEN VOID.

   All contracts, agreements, or other obligations, and all ordinances, resolutions and orders entered into or passed contrary to the provisions of the preceding sections, shall be void, and no person whatever shall have any claim or demand against the City thereunder, nor shall the Council or any officer of the City waive or qualify the limits fixed by such ordinance, resolution, or order, or fasten upon the City any liability whatever in excess of such limits, or release any party from an exact compliance with his contract under such ordinance, resolution or order.

CLERK OF COUNCIL

SECTION 47 . DUTIES.

   The Clerk of Council shall perform all clerical duties incident to the operation of Council, shall record every ordinance or resolution upon its final passage, shall post notice of same as prescribed by Charter, shall present to the President for signature all ordinances or resolutions, shall prepare agendas, research issues, handle correspondence and perform other such tasks as instructed by Council or mandated by Charter. The Clerk of Council shall report directly to the President of Council and shall receive a salary fixed by Council. The Clerk of Council shall work for no other City department nor hold any other employment which can be construed as a conflict of interest.

   During the absence or disability of the Clerk of Council, Council shall appoint a replacement, other than a Council member, to temporarily perform all the duties of that office. (Approved by voters 11-4-14)

MUNICIPAL COURT