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A. Annual Appropriation Ordinance. On or before the first day of each fiscal year, the City Council shall adopt an Annual Appropriation Ordinance, classified so as to set forth separately the amounts appropriated for each office, department, and division and, within each, the amount appropriated for personnel services. Council may, if it desires, postpone the passage of the Annual Appropriation Ordinance until an amended certificate is received from the Greene County Auditor based on actual balances. In such a case, the Council may pass a temporary appropriation ordinance for meeting the ordinary expenses of the City on or before the first day of each fiscal year, but such temporary appropriation measure shall be replaced with the Annual Appropriation Ordinance no later than the 1st day of April. The total appropriations from each fund shall not exceed the total of the estimated revenue available for expenditure therefrom, as certified by the Greene County Budget Commission, or in case of appeal, by the Greene County Board of Tax Appeals.
B. When Effective. The Annual Appropriation Ordinance shall not become effective until the Greene County Auditor files with the Finance Director a certificate that the total appropriations from each fund, taken together with all other outstanding appropriations, do not exceed the official estimated revenue or amended official estimate of revenue.
C. Supplemental Appropriations. During the fiscal year, the Council may pass any supplemental appropriation measures as it finds necessary, based on the revised tax budget or the official certificate of estimated resources or amendments of the certificate.
D. Amended Appropriations. The Annual Appropriation Ordinance may be amended by Council, by ordinance, provided that no appropriation for any purpose shall be reduced below an amount sufficient to cover all unliquidated and outstanding contracts or obligations certified from or against the appropriation. Such amendments may add to or transfer part or all of the unencumbered appropriation balance from one (1) department or major organizational unit to the appropriation for another department or major organizational unit, or may transfer money in the General Fund to any other fund, or may transfer moneys between funds except where such transfer is prohibited by State law.
E. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager and the Finance Director that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the City Manager or the Finance Director shall report the same to the City Council without delay. The estimated amount of the deficit, any remedial action taken by the City Manager or the Finance Director, and recommendations as to any other steps to be taken shall be indicated. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may amend the Annual Appropriation Ordinance to reduce one (1) or more appropriations.
F. Procedure. The Annual Appropriation Ordinance and any supplements or amendments thereto shall be adopted as an emergency ordinance, in accordance with Section 5.04 of this Charter. Such emergency ordinance may contain more than one (1) subject, as provided in Section 5.02 B. of this Charter. Notwithstanding the requirements of Section 5.02 A., any emergency ordinance supplementing or amending the Annual Appropriation Ordinance need not set out the Annual Appropriation Ordinance in full but shall show what funds and/or line items are being amended. Such emergency ordinance shall be effective upon its adoption by the affirmative vote of at least four (4) members of Council.
G. Authority and Duty of Finance Director.
(1) The Finance Director may adjust appropriations within any Fund or Department in the Annual Appropriation Ordinance so long as such adjustments do not exceed the total appropriations authorized within any Fund or Department and such adjustment is not in violation of this Charter, City ordinance or State law.
(2) The Finance Director may establish any additional fund required under State law to ensure proper accounting. Any optional or special fund shall only be established upon the approval of the City Council, by resolution.
(3) The Finance Director shall maintain an updated Annual Appropriation Ordinance, showing all supplements and amendments thereto made by Council in one document, which shall be available to the public upon request.
No warrant for the payment of any claim shall be issued by the Finance Director unless there is an available appropriation sufficient to cover the payment and the Finance Director is satisfied that the same is in proper form, correctly computed, and that the claim is legally due and payable. The Finance Director and his or her sureties shall be liable to the City for all loss or damage sustained by the City by reason of the corrupt approval of such claim against the City, and the Finance Director shall have the power to require that the amount claimed is justly due, and is in conformity with the law and ordinances, and may summon any officer or employee and examine him or her for that purpose.
A. Competitive Bidding. Council, by ordinance, shall establish a threshold amount, which in no case shall be less than $30,000, notice provisions and other procedures for competitive bidding. When any contract for the construction of a public improvement or the purchase of equipment, supplies, materials, or services is estimated to exceed the threshold established by Council, the contract shall be competitively bid. Council shall award the contract, by resolution, to the lowest and best bidder; provided, however, that Council may reject any and all bids in whole or by items. No contract shall be divided to avoid the requirements of competitive bidding.
B. Waiver of Competitive Bidding. Competitive bidding is not required if:
(1) The statutory or common law of the State does not require competitive bidding;
(2) Council determines that an item is available and can be acquired only from a single source or the purchase consists of services related to information technology that are proprietary or limited to a single source;
(3) The purchase is made through a cooperative purchasing program where the cost has already been set by bid;
(4) The purchase is from the federal government, the State, a county, a municipality, a township, a board of education or an educational service center;
(5) The purchase consists of any form of insurance or any form of health care plan; or
(6) Council determines, by resolution approved by an affirmative vote of no less than four (4) members, that a waiver of the competitive bidding requirement is in the best interest of the City or is necessary due to a real and present emergency.
C. Professional Services. Contracts for professional services shall not be subject to the competitive bidding requirements of this Section and shall not require separate authorization by Council if the current Annual Appropriation Ordinance provides sufficient funding for the scope of services in any such contract.
D. Alterations or Modifications of Contracts. Council shall, by ordinance, establish procedures for alteration or modifications of contracts. Such modification or alterations shall not require competitive bidding and shall not require separate authorization by Council if the current Annual Appropriation Ordinance provides sufficient funding for the alteration or modification.
E. No Interest on Escrow. Notwithstanding any provision of general law, contractors and vendors shall not be entitled to receive interest on funds temporarily retained on a contract pending final acceptance of work performed or goods supplied, nor shall the City be required to maintain a separate escrow account from which to pay any contractor or vendor.
Nothing in Section 9.08 shall be construed to prohibit the Council from doing any public work or making any public improvement by the direct employment of the necessary labor, including professional and/or specialized technical services, and the purchase of the necessary equipment, supplies and materials, with separate accounting as to each improvement so made, and the Council may, on so declaring by ordinance or resolution, cause any public work or improvement to be done or made in such manner.
The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as deemed necessary and proper. Such audits may be made by the Auditor of State, or a certified public accountant or accounting firm that has no personal interest, direct or indirect, in the affairs of the City or any of its officials, officers or employees.
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