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§ 40 Preliminary Appropriations
   After the beginning of the fiscal year, and before the annual appropriation ordinance has been passed, the Council may make appropriations for the current expenses of the City, chargeable to the appropriations of the year when passed, to an amount sufficient to cover the necessary expenses of the various departments, divisions and offices until the annual appropriation ordinance is in force. No other liabilities shall be incurred by any officer or employee of the City, except in accordance with the provisions of the annual appropriation ordinance.
(Effective November 9, 1931)
§ 41 Transfer of Appropriations
   Upon the written recommendation of the Mayor, the Council may at any time transfer an unencumbered balance of an appropriation made for the use of one department, division or purpose to any other department, division or purpose, but no such transfer of revenues or earnings of any non-tax supported public utility to any other purpose shall be made, except that at the close of the fiscal year transfers may be made of the earnings of the transit system or of any utility hereafter acquired by the City not in excess of the amount which said utility would pay in the form of taxes available for the General Fund and debt service of the City of Cleveland if privately owned and subject to the terms of any indenture of mortgage affecting the transit system or other utility hereafter acquired. Any provision of this Charter notwithstanding, nothing in this Charter shall be construed to prohibit the use, transfer, or expenditure of tax revenues for the operations, improvements or debt service of any City- owned public utility.
(Effective November 6, 1990)
§ 42 Current Revenue
   Any accruing revenue of the City, not appropriated as hereinbefore provided, and any balances at any time remaining after the purposes of the appropriation shall have been satisfied or abandoned may from time to time be appropriated by the Council to such uses as will not conflict with any uses for which specifically such revenue accrued.
(Effective November 9, 1931)
§ 43 Limitation on Appropriations
   No moneys shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to appropriations made by the Council; and whenever an appropriation is so made the Clerk shall forthwith give notice to the Director of Finance. At the end of each year all unexpended balances of appropriations shall revert to the respective funds from which the same were appropriated and shall then be subject to future appropriation; but appropriations may be made in furtherance of improvements or other objects or work of the City which will not be completed within the current year.
(Effective November 9, 1931)
§ 44 Use of Appropriations
   Moneys appropriated as hereinbefore provided shall not be used for other purposes than those designated in the appropriation ordinance without authority from the Council. The Mayor and the Director of Finance shall supervise all departmental expenditures, and shall keep such expenditures within the appropriations.
(Effective November 9, 1931)
§ 45 Alienation of Water Front Lands
   The Council may submit to the electors in the manner provided in Section 200 for the submission of proposed amendments to the Charter, the question of the proposed alienation, surrender or release of any rights of the City of Cleveland in or to the territory now covered by the waters of Lake Erie within the territorial limits of the City of Cleveland, or formerly covered thereby but now or hereafter filled. When approved by a majority of the electors voting upon such proposition, the alienation, surrender or release of such rights shall be done by proper instrument executed in the name of the City of Cleveland by the Mayor; provided, however, that, except pursuant to the referendum provisions of this Charter, no such proposition shall be required to be submitted to the vote of the electors in the case of granting of leases or franchises in or to said territory or any part thereof or in the event that such territory or any part thereof is conveyed to, or otherwise made available for use by, a port authority originally created jointly by the City and the County of Cuyahoga under authority of the laws of Ohio.
   Any and all proceedings designed to carry into execution the provisions of Ordinance No. 37904-A, approved by the electors on November 2, 1915, and Ordinance No. 47814, adopted by the electors on January 6, 1919, or amendatory of or supplementary to said ordinances are hereby expressly authorized, ratified, approved and confirmed.
(Effective June 3, 1968)
§ 46 Investigations by Council or Mayor
   The Council, the Mayor, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any department, office, officer or employee of the City and to make investigation as to City affairs, and for that purpose may subpoena witnesses, administer oaths, and compel testimony, the production of books, papers, and other evidence. It shall be the duty of the Mayor to designate a police officer to serve such subpoenas. The Council shall provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoena, or to produce such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.
(Effective November 9, 1931)
§ 47 Audit and Examination
   The Council shall cause a continuous audit to be made of the books of account, records and transactions of the administrative departments of the City. Such audit, during each fiscal year, shall be made by one or more certified public accountants, who, for three years next preceding, have held a certificate issued by the State Board of Accountancy of Ohio or by a state maintaining an equal standard of professional requirements, which entitles the holder of such certificate to an Ohio certificate. The duties of the auditor or auditors, so appointed, shall include the certification of all statements required under Section 95 of this Charter. Such statements shall include a general balance sheet, exhibiting the assets and liabilities of the City, supported by departmental schedules, and schedules for each utility publicly owned or operated; summaries of income and expenditures, supported by detailed schedules, and also comparisons, in proper classification, with the last previous year. The report of such auditor or auditors for each fiscal year shall be printed and a copy thereof furnished to the Ohio State Bureau of Inspection and Supervision of Public Offices, to the Mayor, to each member of the Council and to each citizen who may apply therefor; and a condensed summary thereof shall be published in the City Record.
(Effective November 9, 1931)
§ 48 Publication of Ordinances and Resolutions
   Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and Clerk of the Council. Every ordinance or resolution shall be published at least once in the City Record within ten (10) days after its final passage.
(Effective November 9, 1931)