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HomeMy WebLinkAbout012 - 02/04/1997 - SUBMITTING PROPOSED AMENDMENTS TO ARTICLE V OF THE CITY CHARTER, PERTAINING TO FINANCE MANAGEMENT, T ORDINANCE NO. 12, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING PROPOSED AMENDMENTS TO ARTICLE V OF THE CITY CHARTER, PERTAINING TO FINANCE MANAGEMENT, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS WHEREAS,Article IV, Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S., provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS,on November 21, 1995, the City Council adopted Resolution 95-161 creating a Charter Review Committee (the "Committee") and authorizing the Committee to undertake a comprehensive review of the City Charter and to recommend any amendments thereto that the Committee believed to be in the best interests of the City; and WHEREAS, after conducting such review, the Committee has recommended certain amendments to Article V of the City Charter, pertaining to finance management; and WHEREAS,the City Council believes that the foregoing proposed amendments,as modified by the City Council, should be submitted to the registered electors of the City so that the voters may determine whether such amendments are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following proposed changes to Article V of the City Charter shall be submitted to the registered voters of the City as "Proposed Charter Amendment No. 5" at the next regular municipal election to be held on April 8, 1997: ARTICLE V. FINANCE ADMINISTRATION PART I. BUDGET AND FINANCIAL MANAGEMENT Section 1. Fiscal and accounting year. The fiscal and accounting year shall be the same as the calendar year. "Budget term" shall mean the fiscal year(s) for which any budget is adopted and in which it is to be administered. Council shall set by ordinance the term for which it shall adopt budgets in accordance with this Article. Section 2. Budget estimates. On or before the first Monday in September preceding each budget term,the City Manager shall file with the City Clerk a proposed budget for the ensuing budget term with an explanatory message. The proposed budget shall provide a complete financial plan for each fund of the city and shall include appropriate financial statements for each type of fund showing comparative figures for the last completed fiscal year, comparative figures for the current year, and the City Manager's recommendations for the ensuing budget term. Section 3. Public record, hearing. The City Manager's proposed budget shall be a public record and open to the public for inspection and copy. The Council shall, within ten(10) days after the filing of said proposed budget with the City Clerk, set a time certain for public hearing thereon and cause notice of such public hearing to be given by publication. At the hearing, all persons may appear and comment on any or all items and estimates in the proposed budget. Upon completion of the public hearing the Council may revise the budget estimates. Section 4. Adoption of budget and appropriation of funds. After said public hearing and before the last day of November preceding the budget term,the Council shall adopt the budget for the ensuing term. The adoption of the budget shall be by ordinance. Before the last day of November of each fiscal year, the Council shall appropriate such sums of money as it deems necessary to defray all expenditures of the city during the ensuing fiscal year. The appropriation of funds shall be accomplished by passage of the . annual appropriation ordinance. Such appropriation of funds shall be based upon the budget as approved by the Council but need not be itemized further than by fund with the exception of capital projects and federal or state grants which shall be summarized by individual project or grant. Section 5. Levy. The annual appropriation ordinance shall also include the levy in mills, as fixed by the Council, upon each dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes for city purposes necessary to provide, during the ensuing fiscal year, for all properly authorized expenditures to be incurred by the city, including interest and principal of general obligation bonds. The Council shall thereupon cause the total levy to be certified by the City Clerk to the county consistent with applicable state statutes, which shall extend the same upon the tax list of the current year in a separate column entitled 2 "City of Fort Collins Taxes," and shall include said city taxes in his or her general warrant to the County Treasurer for collection. If the Council fails in any year to make said tax levy as above provided,then the rate last fixed shall be the levy fixed for the ensuing fiscal year and the Financial Officer shall so certify. Section 7. Effect of appropriation and levy. After the commencement of the fiscal year, the annual appropriation ordinance and levy shall be irrepealable and the several amounts stated in the adopted budget and annual appropriation ordinance as proposed expenditures for such fiscal year shall be deemed appropriated for the purposes therein specified. Section 8. Appropriations not to exceed revenue; appropriation required for expenditures and obligations. (a) No appropriation shall be made by the Council which exceeds the revenues, reserves or other funds anticipated or available at the time of the appropriation, except for emergency expenses incurred by reason of a casualty, accident or unforeseen contingency arising after the passage of the annual appropriation ordinance. (b) It shall be unlawful for any department, officer or agent of the city to incur or contract any expense or liability or make any expenditure for or on behalf of the city unless an appropriation therefor shall have been made by the Council. Any authorization of an expenditure or incurring of an obligation by any officer or employee of the city in violation of this provision shall be null and void from its inception. (c) Nothing herein shall apply to or limit the authority conferred by this Article in relation to bonded indebtedness, or to the collection of moneys by special assessments for local improvements;nor shall it be construed to prevent the making of any contract or lease providing for expenditures beyond the end of the fiscal year in which it is made, so long as such contract or lease is made subject to an appropriation of funds sufficient to meet the requirements of Section 7(b) above. Section 9. Supplemental appropriations. The Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues to be received by the city during the fiscal year. This provision shall not prevent the Council from 3 • appropriating by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. Section 10. Transfer of appropriations. (a) During the fiscal year,the City Manager may transfer any unexpended and unencumbered appropriated amount within the same fund. (b) During the fiscal year, the Council may, by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account,provided that: (1) the purpose for which the transferred funds are to be expended remains unchanged; (2) the purpose for which the funds were initially appropriated no longer exists; or (3) the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. Sectionll. Lapsed appropriations. All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except that appropriations for capital projects and federal or state grants shall not lapse until the completion of the capital project or until the expiration of the federal or state grant. Nothing herein shall limit the ability of the Council to terminate a capital project or a federal or state grant at any time prior to completion of the project or expiration of the grant. Section 12. Deposit of public funds. The cash balance of the city shall be deposited or invested in a manner approved by the Council by ordinance or resolution. 4 I . • • Section 13. Collection of taxes. Unless the Council otherwise provides by ordinance or resolution, the County Treasurer shall collect city taxes in the same manner and at the same time as general taxes are collected under the laws of the State of Colorado. In like manner, the Council may provide for collection of special improvement assessments by said Treasurer. All laws of this state for the assessment of property and the levy and collection of general taxes, sale of property for taxes and the redemption of the same shall apply and have the same effect with respect to all taxes for the city as general taxes, except as modified by this Charter. On or before the tenth day of each month or as frequently as the Council may prescribe by ordinance, the County Treasurer shall report and pay to the Financial Officer the amount of tax collections of the city for the preceding month. The estimated costs of tax collections and losses shall be included in the budget. Section 14. Audit and payments. No demand for money against the city shall be approved, allowed, audited, or paid unless it is in writing, dated and sufficiently itemized to identify the expenditure, and payment thereof approved by the Financial Officer and the person or department creating the obligation. Section 18. Forms of borrowing. The city may borrow money and issue the following securities to evidence such indebtedness: (1) Short-term notes. (2) General obligation securities. (3) Revenue securities. (4) Refunding securities. (5) Special assessment securities. (6) Tax increment securities. (7) Any other securities not in contravention of this Charter. 5 PART III. FINANCIAL ADMINISTRATION UNIT Section 21 Financial Officer. The City Manager shall appoint a Financial Officer who shall have special knowledge of municipal accounting, taxation, budget making, and finance. Such Officer shall be the ex-officio City Treasurer and head the administrative unit assigned the financial affairs of the city. Section 22. Powers and duties. The Financial Officer shall have charge of the financial records and general and special funds of the city, and shall collect, receive, and disburse all money belonging to the city, and shall have all other duties required to administer properly the financial affairs of the city; to that end the Financial Officer shall have authority and shall be required to: (a) Maintain a general accounting system for the city government and each of its offices, departments, and agencies; exercise budgetary control over the same in accordance with the budget and annual appropriation ordinance;prescribe the form of receipts, requisitions, warrants, and other evidence of income and disbursements; audit before payment all bills, invoices, payrolls, and other claims and charges against the city government; and with the advice of the City Attorney, determine the regularity, legality, and correctness of such claims, demands, or charges; (b) Advise the City Manager of the budget requirements of the Financial Administration Unit and furnish estimates and information concerning other departments, agencies, and boards as requested by the City Manager; (c) Advise departments of remaining allotments; (d) Disburse funds in a manner which will assure that budget appropriations are not exceeded and that payments are not illegally made; (e) Collect and hold all city funds; invest funds as directed by the Council by resolution or ordinance; be responsible for all trust funds; (f) Serve as custodian of all bonds, documents, and other evidences of indebtedness owned by the city or under its control; 6 (g) Issue all licenses and collect the fees therefor; collect or receive funds of every description belonging to, due to, or accruing to the city, including fines, forfeitures,penalties,taxes,water rentals, sewer fees, and electric revenues; (h) Submit to the Council through the City Manager periodic statements of all accounts and funds, sufficiently itemized in detail to show the exact financial condition of the city at a frequency established by the Council; (I) Examine and approve all purchase contracts, orders, and other documents by which the city incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations become due and payable; (j) Advise the City Manager of any financial irregularity in any department. Section 23. Separate utilities accounts. The accounts of each utility owned and operated by the city shall be maintained in a separate fund and kept separate and distinct from all other accounts of the city. Each utility fund shall be accounted for utilizing the basis of accounting appropriate for an enterprise fund, and shall contain a reasonable allowance for depreciation and obsolescence. All expenses incurred by departments in rendering services to any utility owned and operated by the city shall be fully paid by such utility on a"cost of service"basis as determined by the City Manager. Each utility shall be fully paid for all services rendered by such utility to other city departments. If the utility is subject to a payment to the general fund in lieu of taxes and franchise fees, an estimate shall be made of the amount of taxes and franchise fees that would be chargeable against such utility if privately owned, and the amount of such payment, as determined by the Council under Article XII, Section 6 of this Charter, shall be charged against the utility fund. Section 25. Creation of funds. The Financial Officer may create such funds as he or she deems appropriate to carry out the provisions of this Part III. The funds of the city shall include a general fund which shall be used to account for all financial resources of the city except those required to be accounted for in another fund. 7 PART IV. PURCHASING Section 26. Powers and duties. The City Manager or designee shall appoint a Purchasing Agent who shall contract for all supplies, materials, and equipment required or used by all departments and agencies of the city, including businesses and enterprises operated by the city. Section 29. Contracts for improvements. All city improvements constructed by an independent contractor shall be executed pursuant to a written contract. Any such improvement, the cost of which exceeds an amount to be determined by ordinance of the Council, shall be insured by a performance bond or other equivalent security and submitted to a competitive bidding process resulting in award to the lowest responsible bidder or a competitive proposal process;provided,however,that the Council may, by ordinance, authorize the Purchasing Agent to exempt improvements from the competitive bidding and competitive proposal processes. In the event that Council authorizes the city, rather than an independent contractor, to proceed with the construction of an improvement,the services of the city shall be charged as a part of the cost of the improvement. Section 31. Contracts effective only when bond funds available. No contract for the acquisition of property or the construction of improvements or other expenditures which is to be financed by bonds or other obligations shall be effective until the proceeds of the bonds or obligations have been received by the city. Improvements to be paid for by special assessments shall be excepted from the provisions of this Section. Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 5 to the voters at said election: 8 PROPOSED CHARTER AMENDMENT NO. 5 AMENDMENTS TO ARTICLE V OF THE CHARTER OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY COUNCIL TO SET BY ORDINANCE THE NUMBER OF YEARS TO BE COVERED BY THE CITY BUDGET AND REQUIRING THE COUNCIL TO ADOPT THE BUDGET BEFORE THE LAST DAY OF NOVEMBER PRECEDING EACH BUDGET TERM;REWORDING CERTAIN PROVISIONS STATING THAT NEITHER APPROPRIATIONS NOR EXPENDITURES MAY EXCEED REVENUES ANTICIPATED OR AVAILABLE EXCEPT IN THE CASE OF EMERGENCIES; ALLOWING FOR MULTI-YEAR CONTRACTS OR LEASES SO LONG AS THEY ARE SUBJECT TO ANNUAL APPROPRIATIONS; AUTHORIZING SUPPLEMENTAL APPROPRIATIONS TO BE MADE BY THE COUNCIL AT ANY TIME DURING THE FISCAL YEAR SO LONG AS THE TOTAL AMOUNT OF SUCH SUPPLEMENTAL APPROPRIATIONS DOES NOT EXCEED ACTUAL OR ANTICIPATED REVENUES;ALLOWING FOR THE TRANSFER OF APPROPRIATIONS WHEN THE AMOUNT INITIALLY APPROPRIATED EXCEEDS THE AMOUNT NEEDED TO ACCOMPLISH THE PURPOSE SPECIFIED IN THE APPROPRIATION ORDINANCE;ALLOWING THE CASH BALANCE OF THE CITY TO BE DEPOSITED OR INVESTED IN ANY MANNER APPROVED BY THE COUNCIL BY ORDINANCE OR RESOLUTION; REQUIRING EACH UTILITY OF THE CITY TO BE FULLY PAID FOR SERVICES RENDERED TO OTHER CITY DEPARTMENTS AND REQUIRING OTHER DEPARTMENTS OF THE CITY TO BE FULLY PAID FOR SERVICES RENDERED TO CITY UTILITIES ON A COST OF SERVICE BASIS,AS DETERMINED BY THE CITY MANAGER;ALLOWING THE FINANCIAL OFFICER TO CREATE FUNDS FOR ACCOUNTING PURPOSES,RATHER THAN REQUIRING SUCH FUNDS TO BE CREATED BY ORDINANCE;ELIMINATING CERTAIN OBSOLETE DUTIES OF THE PURCHASING AGENT;ELIMINATING CERTAIN LIMITATIONS ON THE COUNCIL'S ABILITY TO EXEMPT CITY IMPROVEMENTS FROM THE COMPETITIVE BIDDING AND COMPETITIVE PROPOSAL PROCESSES;AND MAKING CERTAIN OTHER NON-SUBSTANTIVE WORDING CHANGES. YES NO Introduced, considered favorably on first reading, and ordered published this 21 st day of January, A.D. 1997, and to be presented for final passage on d of Feb D. 1997. Mayor ATTEST: �O1,JIa .�l . City Clerk 9 Passed and adopted on final reading this 4th day of Febru D. 1997. ayor ATTEST: City Clerk 10