§ 36.002 REVENUES AND SPECIAL FUNDS.

   All money belonging to the city derived from taxation, licenses, fines, forfeitures, the operation of waterworks or other public utility owned or operated by the city, or from any other source, shall be paid into the city treasury, and the city council shall designate by ordinance to what fund or funds the money shall be applied as provided by law.

(1957 Rev. Ords., § 2.307; 1992 Code, § 2-52)

Cross-reference:

   Licenses, see ch. 110

   Taxation, see ch. 37

§ 36.003 DEPARTMENT OF FINANCE.

   (a)   There is hereby created for the city a department of finance.

   (b)   The department of finance shall be managed and directed by the city finance officer, who shall be appointed as provided by the charter, and who shall file a bond in the amount of $250,000.

   (c)   The city finance officer shall perform all the duties of the city auditor and city treasurer, as provided by law in the South Dakota Codified Laws and in the ordinances of the city.

   (d)   All references made in the South Dakota Codified Laws and the City Code to the city auditor and city treasurer shall be construed to mean the city finance officer.

(1992 Code, § 2-54) (Ord. 101-76, passed 11-29-1976; Ord. 97-97, passed 12-15-1997)

§ 36.004 AUTHORIZATION OF PROMISSARY NOTES.

   Whenever monies shall have been actually provided for any fund by a levy of taxes or otherwise, and the monies shall not have been actually collected, but concerning the receipt of which monies there can be no question, the city council is hereby authorized to anticipate the receipt of the monies into that fund and may issue promissory notes from that fund to any other fund of the city for which there shall not be immediate use.

(1992 Code, § 2-55) (Ord. 92-98, passed 9-14-1998)

§ 36.005 DISBURSEMENTS BY THIRD PARTY ADMINISTRATORS.

   The mayor may, by executive order, authorize the processing of claims and expenditures by third party administrators under contract with the city, including the issuances of warrants drawn on separate accounts established by the city. Authorized third party administrators shall be subject to audit as determined by the city.

(1992 Code, § 2-56) (Ord. 123-98, passed 11-23-1998)

PURCHASING

§ 36.020 AUTHORIZATION OF CONTRACTS AND AGREEMENTS.

   (a)   In addition to provisions in city charter §§ 2.11(c) and 2.12, contracts, agreements and amendments to contracts and agreements that are in excess of $100,000 per vendor, for each calendar year, shall be approved by the city council.

   (b)   Each contract or agreement of the city shall be executed in the name of the municipality by the mayor, or his or her interim successor, and shall be attested by the city clerk. The city clerk shall affix the corporate seal. Any contract or agreement for park purposes may be reviewed by the parks and recreation board prior to council consideration. All contracts involving the expenditure of funds less than $100,000 that are entered into by the mayor and are not subject to council approval shall be noticed to the city council on the consent agenda under communications. All contracts or agreements which are subject to approval by the city council shall be delivered to the city clerk office pursuant to § 30.014 and placed on the consent agenda under approval of contracts and agreements. Change orders in excess of $100,000 involving the expenditure of funds, shall be noticed to the city council on the consent agenda under communications. Deductive change orders do not need to be noticed to the city council.

   (c)   Contracts and agreements pertaining to subjects that are permissible for executive session shall not be subject to this section.

(1992 Code, § 34.5-1) (Ord. 28-95, passed 2-21-1995; Ord. 75-11, passed 10-3-2011; Ord. 97-23, passed 10-10-2023)

§ 36.021 CONTRACTS INVOLVING PUBLIC FACILITIES OR PROPERTIES.

   No contract pertaining to the management of the city’s public facilities or properties will be valid unless the contract has been authorized by a vote of the city council at a duly assembled meeting. Management contracts for public facilities and properties shall be listed on the regular agenda for separate consideration by resolution. Such contracts shall be presented at either an informational meeting, working session, or standing committee of the city council at least five days prior to the city council vote. Prior to the city issuing a request for proposal, the city council will be given notice by the administration in writing.

(1992 Code, § 34.5-1.1) (Ord. 75-11, passed 10-3-2011; Ord. 14-18, passed 2-20-2018; Ord. 97-23, passed 10-10-2023)

§ 36.022 MULTIPLE YEAR CONTRACTS AND AGREEMENTS.

   In addition to provisions in city charter § 2.12, all multiple year contracts and agreements involving the payment of money from appropriations shall be approved by the city council. No contract involving the payment of money from appropriations shall extend past a five-year period but may have an option for renewal or renegotiation for up to a subsequent five-year period, subject to the approval of the council in office at the time of the option or renegotiations is put into effect. No contract, option or renegotiation shall be valid unless approved by the city council.

(1992 Code, § 34.5-1.2) (Ord. 75-11, passed 10-3-2011)

§ 36.023 DISCRIMINATION CLAUSE.

   All contracts and agreements of the city shall contain a provision that contracts shall not, in the performance of the contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin.

(1992 Code, § 34.5-1.3) (Ord. 75-11, passed 10-3-2011)