Section 5.06 Reserved.

(4-13-04, § E; 4-8-08, § D; 4-10-12, § B)

Editor’s note:

   The removal of this section was approved by the voters of Sioux Falls at a municipal election held on April 10, 2012.

Section 5.07 Amendments after adoption.

   (a)   Supplemental appropriations. If during the fiscal year the mayor certifies that there are available for appropriation revenues in excess of those estimated in the budget or a sufficient fund balance, the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess.

   (b)   Emergency appropriations. To meet a public emergency affecting life, health, property, or the public peace, the city council or mayor may make emergency special appropriations. Such appropriations may be made by emergency ordinance or declaration. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the council may by such emergency ordinance or declaration authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency special appropriation was made.

   (c)   Reduction of appropriations. If at any time during the fiscal year it appears probable to the mayor that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the mayor shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the mayor and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one (1) or more appropriations.

   (d)   Transfer of appropriations. At any time during the fiscal year the city council may by resolution transfer part or all of the unencumbered appropriation balance from one (1) department or major organizational unit to the appropriation for other departments or major organizational units. The mayor may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the council in writing prior to the next council meeting.

   (e)   Limitation; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.

(Ref. of 5-7-96; 4-8-08, § E)

Section 5.08 Lapse of appropriations.

   Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until expended, revised, or repealed; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation.

Section 5.09 Administration of the budget.

   The city council shall provide by ordinance the procedures for administering the budget.

Section 5.10 Overspending of appropriations prohibited.

   No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the mayor or the mayor’s designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payments made illegal. A violation of this provision shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation. Such officer may also be liable to the city for any amount so paid. Except where prohibited by law, however, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance.

Section 5.11 Capital program.

   (a)   Submission to city council. The mayor shall prepare and submit to the city council a five-year capital program no later than July 1 of each year for consideration.

   (b)   Contents. The capital program shall include:

      (1)   A clear general summary of its contents;

      (2)   Identification of the five-year goals of the city;

      (3)   A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each;

      (4)   Cost estimates and recommended time schedules for each improvement or other capital expenditure;

      (5)   Method of financing, upon which each capital expenditure is to be reliant;

      (6)   The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;

      (7)   A commentary on how the plan addresses the financial sustainability of the city and the region of which it is a part; and

      (8)   Methods to measure outcomes and performance of the capital plan related to the long-term goals of the city.

   The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

(Ref. of 5-7-96; 4-8-08, § F)

Section 5.12 City council action on capital program.

   (a)   Notice and hearing. The city council shall publish in one (1) or more newspapers of general circulation in the city the general summary of the capital program and a notice stating:

      (1)   The times and places where copies of the capital program are available for inspection by the public, and

      (2)   The time and place, not less than two weeks after such publication, for a public hearing on the capital program.

   (b)   Adoption. The city council, by resolution, shall adopt the capital program with or without amendment after public hearing and on or before the 30th day of September of the current fiscal year.

(Ref. of 5-7-96; 4-8-08, § G)