Section
Financial Administration
33.01 Definitions
33.02 Accounting records and financial reports
33.03 Annual budget ordinance
33.04 Annual audit of city funds
33.05 Separate audits for certain city departments
33.06 Official depositories; disbursement of city funds
33.07 Fiscal year
33.08 Office of Grant Oversight
Improvements
33.20 Definitions
33.21 Financing of improvements
33.22 Apportionment of cost
33.23 Comprehensive report required
33.24 Public hearing required
33.25 Adoption of ordinance; notice to affected owners
33.26 Affected owner may contest
33.27 When city may proceed; assessment constitutes lien
33.28 Effect of additional property or change in financing
Funds
33.40 Revolving Loan Fund
33.41 Police Officers’ and Firefighters’ Pension Fund
33.42 Economic Development Loan Fund
33.43 Housing Revolving Loan Fund
33.44 City Building Fund
33.45 Debt Service Fund
33.46 Depreciation Fund
33.47 Surplus Fund
33.48 Landfill Fund
33.49 Renaissance Revolving Loan Fund
33.50 Housing Revolving Fund
Investment Policy
33.60 Adoption by reference
Taxation
33.75 County assessment adopted
33.76 Ad valorem taxes on motor vehicles
33.77 Disposition of funds
FINANCIAL ADMINISTRATION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUDGET. A proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year.
DEBT SERVICE. The sum of money required to pay installments of principal and interest on bonds, notes and other evidences of debt accruing within a fiscal year and to maintain sinking funds.
ENCUMBRANCES.
(1) Obligations in the form of purchase orders or contracts that are chargeable to an appropriation.
(2) An obligation ceases to be an
ENCUMBRANCE when paid or when the actual liability is recorded.
FISCAL YEAR. The accounting period for the administration of fiscal operations.
GENERALLY ACCEPTED GOVERNMENTAL AUDITING STANDARDS. Those standards for audit of governmental organizations, programs, activities and functions issued by the Comptroller General of the United States.
GENERALLY ACCEPTED PRINCIPLES OF GOVERNMENTAL ACCOUNTING. Those standards and procedures promulgated and recognized by the Governmental Accounting Standards Board.
(KRS 91A.010) (1989 Code, § 33.01)
(A) The city shall keep its accounting records and render financial reports in such a way as to:
(1) Determine compliance with statutory provisions; and
(2) Determine fairly and with full disclosure the financial operations of constituent funds and account groups of the city in conformity with generally accepted governmental accounting principles.
(B) The municipal accounting system shall be organized and operated on a fund basis.
(KRS 91A.020) (1989 Code, § 33.02)
(A) The city shall operate under an annual budget ordinance adopted and administered in accordance with the provisions of this section. No moneys shall be expended from any governmental or proprietary fund, except in accordance with a budget ordinance adopted pursuant to this section.
(B) Moneys held by the city as a trustee or agent for individuals, private organizations or other governmental units need not be included in the budget ordinance.
(C) If in any fiscal year subsequent to a fiscal year in which the city has adopted a budget ordinance in accordance with this section, no budget ordinance is adopted, the budget ordinance of the previous fiscal year has full force and effect as if readopted.
(D) The budget ordinance of the city shall cover one fiscal year.
(E) Preparation of the budget proposal shall be the responsibility of the Mayor.
(F) The budget proposal shall be prepared in such form and detail as prescribed by ordinance.
(G) The budget proposal together with a budget message shall be submitted to Council not later than 30 days prior to the beginning of the fiscal year it covers. The budget message shall contain an explanation of the governmental goals fixed by the budget for the coming fiscal year; explain important features of the activities anticipated in the budget; set forth the reasons for stated changes from the previous year in program goals, programs and appropriation levels; and explain any major changes in fiscal policy.
(H) (1) Council may adopt the budget ordinance making appropriations for the fiscal year in such sums as it finds sufficient and proper, whether greater or less than the sums recommended in the budget proposal. The budget ordinance may take any form that Council finds most efficient in enabling it to make the necessary fiscal policy decisions.
(2) No budget ordinance shall be adopted which provides for appropriations to exceed revenues in any one fiscal year in violation of § 157 of the Kentucky Constitution.
(I) The full amount estimated to be required for debt service during the budget year shall be appropriated for all governmental fund types.
(J) Council may amend the budget ordinance at any time after the ordinance’s adoption, so long as the amended ordinance continues to satisfy the requirements of this section.
(K) Administration and implementation of an adopted budget ordinance shall be the responsibility of the Mayor. Such responsibility includes the preparation and submission to Council of operating statements, including budgetary comparisons of each governmental fund for which an annual budget has been adopted. The reports shall be submitted not less than once every three months in each fiscal year.
(L) To the extent practical, the system utilized in the administration and implementation of the adopted budget ordinance shall be consistent in form with the accounting system called for in § 33.02.
(M) No city agency or member, director, officer or employee thereof may bind the city in any way to any extent beyond the amount of money at that time appropriated for the purpose of the agency. All contracts, agreements and obligations, express or implied, beyond the existing appropriations are void; nor shall any city officer issue any bond, certificate or warrant for the payment of money by the city in any way to any extent, beyond the balance of any appropriation made for the purpose.
(KRS 91A.030) (1989 Code, § 33.03)
(A) The city shall, after the close of each fiscal year, cause each fund of the city to be audited by the auditor of public accounts or a certified public accountant. The audit shall be completed by March 1 immediately following the fiscal year being audited. The city shall forward an electronic copy of the audit report to the Department for Local Government for information purposes by no later than April 1 immediately following the fiscal year being audited.
(B) The city shall enter into a written contract with the selected auditor. The contract shall set forth all terms and conditions of the agreement which shall include, but not be limited to requirements that:
(1) The auditor be employed to examine the basic financial statements which shall include the government-wide and fund financial statements;
(2) The auditor shall include in the annual city audit report an examination of local government economic assistance funds granted to the city under KRS 42.450 to 42.495. The auditor shall include a certification with the annual audit report that the funds were expended for the purpose intended;
(3) All audit information be prepared in accordance with generally accepted governmental auditing standards which includes such tests of the accounting records and such auditing procedures as considered necessary under the circumstances. Where the audit is to cover the use of state or federal funds, appropriate state or federal guidelines shall be utilized;
(4) The auditor shall prepare a typewritten or printed report embodying:
(a) The basic financial statements and accompanying supplemental and required supplemental information;
(b) The auditor’s opinion on the basic financial statements or reasons why an opinion cannot be expressed; and
(c) Findings required to be reported as a result of the audit.
(5) The completed audit and all accompanying documentation shall be presented to Council at a regular or special meeting; and
(6) Any contract with a certified public accountant for an audit shall require the accountant to forward a copy of the audit report and management letters to the Auditor of Public Accounts upon request of the city or the Auditor of Public Accounts and the Auditor of Public Accounts shall have the right to review the certified public accountant’s workpapers upon request.
(C) A copy of an audit report which meets the requirements of this section shall be considered satisfactory and final in meeting any official request to the city for financial data, except for statutory or judicial requirements, or requirements of the Legislative Research Commission necessary to carry out the purposes of KRS 6.955 to 6.975.
(D) The city shall, within 30 days after the presentation of an audit to the city legislative body, publish an advertisement, in accordance with KRS Chapter 424, containing:
(1) The auditor’s opinion letter;
(2) The “Budgetary Comparison Schedules-Major Funds,” which shall include the general fund and all major funds;
(3) A statement that a copy of the complete audit report, including financial statements and supplemental information is on file at city hall and is available for public inspection during normal business hours.
(4) A statement that any citizen may obtain from city hall a copy of the complete auditor’s report, including financial statements and supplemental information, for his or her personal use.
(5) A statement which notifies citizens requesting a personal copy of the city audit report that they will be charged for duplication costs at a rate that shall not exceed $0.25 per page.
(6) A statement that copies of the financial statement prepared in accordance with KRS 424.220, when a financial statement is required thereby, are available to the public at no cost at the business address of the officer responsible for preparation of the statement.
(E) Any resident of the city or owner of real property within the city may bring an action in the Circuit Court to enforce the provisions of this section. Any person who violates any provision of this section shall be fined not less than $50, nor more than $500. In addition, any officer who fails to comply with any of the provisions of this section shall, for each failure, be subject to a forfeiture of not less than $50, nor more than $500, in the discretion of the court, which may be recovered only once, in a civil action brought by any resident of the city or owner of real property within the city. The costs of all proceedings, including a reasonable fee for the attorney of the resident or property owner bringing the action, shall be assessed against the unsuccessful party.
(F) In the event of extenuating circumstances that prevent a city from completing and submitting a required audit or financial statement in compliance with the applicable deadlines in division (A), the city may submit a written request for an extension of time to the Department for Local Government on a form prescribed by the Department. The Department shall approve the request if it is submitted on or before the applicable deadline, and in the judgment of the Department the request is warranted by extenuating circumstances beyond the control of the city. Extensions granted under this division shall not exceed nine months from the original due date of the audit or financial statement. If the Department approves an extension for the city and the city fails to complete and submit the required audit or financial statement in compliance with that extended deadline, then the provisions of division (G) shall apply.
(G) If the city fails to complete an audit or financial statement and submit it to the Department for Local Government as required in divisions (A) and (F), the Department shall notify the Finance and Administration Cabinet that the city has failed to comply with the audit requirements of this section, and that any funds in the possession of any agency, entity, or branch of state government shall be withheld from the city until further notice. The Department shall immediately notify the Finance and Administration Cabinet when the city complies with the requirements of divisions (A) and (F) for all prior fiscal years it has failed to comply with the audit requirements of this section, and the Finance and Administration Cabinet shall direct the reinstatement of payments to the city, including any funds that were withheld due to the noncompliance.
(H) Within a reasonable time after the completion of a special audit or examination conducted pursuant to KRS 43.050, the auditor shall bill the city for the actual expense of the audit or examination conducted. The actual expense shall include the hours of work performed on the audit or examination as well as reasonable associated costs, including, but not limited to, travel costs. The bill submitted to the city shall include a statement of the hourly rate, total hours, and total costs for the entire audit or examination.
(KRS 91A.040) (1989 Code, § 33.04)
Statutory reference:
Department for Local Government to provide assistance, see KRS 91A.050
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