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Avon Lake, OH Code of Ordinances
Avon Lake, OH Municipal Utilities Regulations
CHAPTER X FINANCE
SECTION 54. FINANCE.
   The Director of Finance of the Municipality shall furnish to Council not later than the second regular meeting of the month of January of each calendar year an ordinance making appropriations for the expenditures of the Municipality during the year. The Council shall adopt such ordinance in its original form or with such revision as it may find proper. Such appropriation ordinance shall be in such form and detail as may be required by the general laws of the State of Ohio, and may be amended or supplemented by Council after its passage, but appropriations shall not be made in excess of the estimated revenues of the Municipality. The Council may make preliminary appropriations for current expenses sufficient in amount to meet the current needs until the annual appropriation ordinance has been enacted and is in effect.
   The passage of an ordinance authorizing the issue or sale of bonds or notes of the Municipality shall constitute an appropriation of the proceeds thereof to the purpose for which said bonds or notes are issued.
(Amended 11-7-1978)
SECTION 55. TRANSFERS AND BALANCES.
   The Council may transfer any part of an unincumbered balance of an appropriation of any fund to any purpose or object for which the appropriation for the current year has proven insufficient, or may authorize a transfer of money to be made between items appropriated to the same office or department, except as follows:
No transfer shall be made from any bond or note fund, except that the unexpended balance of such fund no longer needed for the purpose for which such fund was created shall be transferred to the fund from which said bonds or notes are to be paid.
No transfer shall be made of money raised or appropriated for the payment of any bond or note of the Municipality unless all indebtedness, interest and obligations which can lawfully be paid from such money have been paid.
   At the close of each fiscal year, the unincumbered balance of each appropriation, other than appropriations of bond and note funds, shall revert to the fund from which it was appropriated and shall be subject to future appropriation, except as otherwise provided in the next following paragraph of this section.
   A fund to be known as the Improvement Fund may be maintained in the treasury into which municipal moneys may be appropriated or allocated from time to time by action of Council and which shall then become and remain separate and distinct from general funds. Improvement Fund moneys may be advanced or expended from time to time by action of Council for public improvements or requirements not otherwise provided for.
SECTION 56. PAYMENT OF CLAIMS.
   No money shall be drawn from the treasury nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriation made by Council.
   The Director of Finance shall have power to require evidence that the amount of each claim is justly due and is in conformity to law and municipal legislation relating thereto. For that purpose he may summon before him any officer, agent or employee of any department of the Municipality, and examine him under oath or affirmation relative thereto.
(Amended 11-7-1978)
SECTION 57. CUSTODY AND DEPOSIT OF FUNDS.
   The Council shall by ordinance provide for the custody of all funds of the Municipality and for the deposit of funds as provided by the Uniform Depository Act of the State of Ohio. All funds received on behalf of the Municipality by any officer, employee or agent thereof, shall be promptly placed in the depository bank by the Director of Finance. Council, however, may authorize such sums as it deems proper to be kept in cash for the daily operations of any department or office.
   Inactive funds in the treasury of the municipal depository may be invested from time to time in such manner as is now or hereafter may be authorized by the general laws of the State for the investment of inactive funds of municipalities.
(Amended 11-6-1973)
SECTION 58. CERTIFICATION OF EXPENDITURES.
   No contract, agreement or other obligation involving the expenditure of money in excess of one thousand dollars ($1,000.00) shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed or issued by Council or be authorized by any officer of the Municipality, unless the Director of Finance shall have certified in writing 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. The provisions of this section shall not be construed to prevent the making of contracts for a period extending beyond a single fiscal year, when such contracts are otherwise authorized by the Constitution of the State of Ohio, by this Charter or by general laws of the State of Ohio. 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, assessments, license fees or from the sales of service, products, or by-products of any municipal undertaking, and moneys to be derived from lawfully authorized bonds or notes shall for the purpose of certification be deemed to be in the treasury to the credit of the appropriate fund, and shall be subject to such certification.
(Amended 5-2-1989; 11-4-2008)
SECTION 59. COMPETITIVE BIDDING.
   Council or the Board of Municipal Utilities shall not authorize expenditures in excess of that provided by the Ohio Revised Code, unless pursuant to contract made with the person, firm or corporation whom Council or the Board of Municipal Utilities determines to be the lowest and best responsible bidder, after public advertising and receipt of bids in the manner provided in this section and the ordinances of Council or, to the extent not in conflict with such ordinances, the regulations of the Board of Municipal Utilities.
   Council or the Board of Municipal Utilities may authorize the expenditure of funds exceeding that provided by the Ohio Revised Code without public bidding, for the acquisition of real estate, for the discharge of non-contractual claims against the Municipality or the Board of Municipal Utilities, for personal services, for the joint use of facilities or exercise of power with other political subdivisions, or for the products or services of public utilities, including those municipally operated.
   An act performed by a particular entity, including an individual, corporation, partnership or firm, which is, in effect, an economic service, including either the intellectual or manual effort of that entity, not the saleable product of his, her or its skill. This includes, without limitations, the individual personal and professional services normally rendered by an architect, an engineer and other professional person irrespective of whether that skill is discharged through an individual’s corporation, partnership or firm.
   Council or the Board of Municipal Utilities may also authorize the expenditure of funds exceeding that provided by the Ohio Revised Code without public bidding, when the expenditure is pursuant to a contract for the purchase or lease of supplies, materials, equipment and/or services through employment of cooperative purchase arrangements as authorized by the State.
   Council or the Board of Municipal Utilities may also authorize the expenditure of funds exceeding that provided by the Ohio Revised Code without public bidding, for any purpose for which contracts may be awarded by a municipal corporation without advertisement or competitive bidding under the general laws of the State of Ohio.
(Amended 4-11-1986; 5-2-1989; 5-2-1995; 5-6-2003; 11-4-2008; 11-5-13; 11-6-2018)
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