HomeMy WebLinkAbout2006-OR-05
ORDINANCE NO. 2006-0R-5
AN ORDINANCE ESTABLISHING A PURCHASE ORDER SYSTEM FOR THE
GENERAL FUND OF THE CITY OF JEFFERSONVilLE
WHEREAS, I.C. 5-22 applies to every expenditure of public funds by a governmental body; and
WHEREAS, the City of Jeffersonville, Indiana (the "City") is a governmental body under the Act;
and
WHEREAS, I.C. 36-1-2-6 (3) designates the Common Council of the City of Jeffersonville as the
Fiscal Body of the City; and
WHEREAS, I.C. 36-1-2-9(3) designates the Common Council of the City of Jeffersonville as the
Legislative Body of the City; and
WHEREAS, the Common Council of the City of Jeffersonville wishes to establish a purchase order
system for all funds originating from the General Fund of the City of Jeffersonville
NOW THEFEFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
JEFFERSONVILLE, INDIANA, THAT:
Section 1.
The Common Council of The City of Jeffersonville authorizes the Purchasing Agent to adopt rules,
procedures and meeting times necessary in accordance with I.C. 5-22 for the expenditure of funds
originating from the City General Fund.
Section 2.
No employee, elected official, member of any board or agent of the City shall purchase, order or
cause to be ordered or purchased any material, suppl~, or equipment without the prior approval
of the Purchasing Agent. All anticipated travel expens~s are subject to the procedures adopted! by
the Common Council of the City of Jeffersonville. '
Section 3.
The signature of the Purchasing Agent shall constitut~ approval.
I
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Section 4.
Any employee, elected official, member of any board br agent of the City of Jeffersonville who
violates the requirements of this Ordinance will be petsonably liable for costs incurred.
Section 5.
The Clerk-Treasurer of the City of Jeffersonville is instructed to pay no claim that is not
accompanied by a signed purchase order.
Section 6.
Single purchases in an amount less than five hundred dollars ($500) are exempt from this
ordinance.
This Ordinance shall be in full force and effect January 1, 2007 after passage by the Common
Council of the City of Jeffersonville and approval by the Mayor of the City of Jeffersonville.
Approved by the Common Council of the City of Jeffersonville this ']J:1-' day of
~<"Il~;~ tur ,2006,
Presiding Officer
ATTEST:
Peggy Wilder
Clerk and Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this 22 day of
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BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
IN THE MATTER OF THE
VETO OF ORDINANCE
NO.2006-0R-5
STATEMENT OF REASONS
Comes now the Mayor for the City of Jeffersonville, Robert L. Waiz, Jr., having
reviewed Ordinance No. 2006-0R-5, "An Ordinance Establishing a Purchase Order
System for the General Fund of the City of Jeffersonville," hereby vetoes said ordinance
and in support states the following:
1. That said law, contemporaneously with Ordinance No. 2006-0R-37, violates
I.C. 5-22-2-25 in that the Clerk-Treasurer does not have the statutory authority to act as
the purchasing agency for the City of Jeffersonville because she is not a "governmental
body that is authorized to enter into contracts..." The Clerk-Treasurer's contractual
authority is limited to the hiring of attorneys pursuant to I.C. 36-4-10-5.5.
2. That said law, contemporaneously with Ordinance No. 2006-0R-37, violates
I.C. 36-4-5-3 in that purchasing is an executive function and the Clerk-Treasurer is not
the city executive.
3. That I.c. 5-22-2-26 allows the purchasing agency to appoint a purchasing
agent. Since the Clerk-Treasurer may not serve as the purchasing agency, she cannot
appoint herself as the purchasing agent under Indiana law.
4. That the Common Council for the City of Jeffersonville, Indiana may
implement a purchase order system provided that the purchases are approved by a duly
appointed purchasing agency and purchasing agent pursuant to Indiana law.
5. I would support such a purchase order system since it would help ensure that
tax dollars continue to be expended in an efficient manner. I desire to work with the
Common Council to develop and implement a purchase order system that is legal and
does not hinder the operation of the city.
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SO VETOED ON THIS J s t day of , 2006.
Robert L. Waiz, Jr.
Mayor