HomeMy WebLinkAbout2017-OR-57 \f,�
�f�,
Ordinance No. 2017-OR-.5?
An Ordinance Mandating Department Heads and City Employees
Refrain from Entering In Long Term Agreements In Violation
Of Indiana Statutes Regulating Budget Process and Budget Funding
Whereas, the Jeffersonville City Council is vested with the statutory
duty of oversight of the city's finances;
Whereas, Indiana Code 36-4-8-12(2)(b) provides that "a city
department, officer, or employee may not obligate the city to any extent
beyond the amount of money appropriated for that department, officer or
employee. An obligation made in violation of this section is void."
Whereas, a city department, officer or employ may obligate the city
beyond the amount of money appropriated for the department, officer or
employee if:
(c) A city department,officer,or employee may obligate the city beyond the amount of
money appropriated for that department,officer, or employee if-
(]) the obligation is made under a multi-year interlocal cooperation agreement entered
into by the city and one(1)or more political subdivisions or governmental entities
under IC 36-1-7; and
(2) the agreement described in subdivision(1)is approved by the fiscal body of the city.
Whereas, if a city department, officer or employ violates this
ordinance and the statute the contract, agreement or lease, is subject to
the following:
(d) An obligation described in subsection(c)may be terminated:
(1) if the city provides notice of the termination of the obligation at least one(1)year
before the termination of the obligation; or
(2) the city and the political subdivisions or governmental entities that have entered into
the interlocal cooperation agreement otherwise agree to the termination.
1
Whereas, there have been instances wherein heads of city
departments, officers or employees of the city have entered into leases,
contracts and agreements that have bound the city to financial obligations
that exceed the fiscal year during which the agreement was entered.
Whereas, the council budgets funds at the request of the city
departments for use for all of those annual expenditures that the city
departments reasonably foresee are necessary on an annual basis. City
government budgets are annual budgets. It is the expectation of the
council that the various departments and elected officials will
conscientiously over-see their annual budget expenditure and NOT enter
into agreements that are essentially unfunded mandates attempting to
require the council to budget payments for those commitments beyond the
budget year.
Whereas, in an effort to provide guidance, continuity and to insure
that the taxpayers and citizens of Jeffersonville are best served by its
government, the council would adopt the following ordinance mandating
the city, city department heads, officers and employees adhere to Indiana
law and DO NOT enter into agreements that commit the city to debt
beyond the amount budget for the calendar year UNLESS the city, city
departments heads, officers and employees follow the process for
securing approval from the council as set forth by Indiana Code.
Wherefore, if the city, city department heads, officers or employees
enter into any agreement in violation of this ordinance and the applicable
Indiana Code;
BE IT ORDAINED THAT:
A. Any agreement entered into in violation of Indiana Code
36-4-8-12 and any and all other agreements that are
entered into that mandate the city council budget funds
to pay for contracts, leases and other long term
agreements beyond the annual budget, shall be null and
void;
2
B. Any department head, officer or employee that enters
into a contract, lease or any agreement in violation of
Indiana Code 36-4-8-12 and/or any other provision of law
MAY be held personally liable for the cost of said
encumbrance if the city is unable to revoke the contract,
lease or agreement that violates the applicable Indiana
Code and any other provision of Indiana law.
C. Severability Clause:
If any provision of this Ordinance or application thereof to
any person or circumstance is held unlawful or otherwise
invalid such invalidity does not affect other provisions or
applications of this Ordinance which can be given effect
without the invalid application or provision and to this end
each such invalid provision or application of this Ordinance
is severable it is hereby declared to be the intent of the
Jeffersonville City Council that this Ordinance would have
been issued had any such unlawful or otherwise invalid
provision or application not be included.
BE IT FUTHER RESOLVED that any previous established Ordinance
Mandating Department Heads and City Employees Refrain from Entering
In Long Term Agreements In Violation Of Indiana Statutes Regulating
Budget Process and Budget Funding are hereby dissolved and terminated
upon passage by City Council and signed by Mayor.
VOTED FOR: � TFQ,AGAIN T;.
3
Passed and adopted by the Common Cou cil of the City of Jeffersonville,
Clark County, Indiana, this day of ( ' 2017.
sa Gil , President
BY:
7z (�J�
Vicki Conlin, City Clerk
Presented by meas Clerk to the Mayor of said City of Jeffersonville this
day of , 2017.
Vicki Conlin, City Clerk
This rdinance approved and signed by me this y of
• 2017.
Mike Moore, Mayor
4