HomeMy WebLinkAbout2007-OR-08
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Ordinance No. 2007-0R-8
AN ORDINANCE AMENDING ORDINANCE NO. 2006-0R-5
AND ORDINANCE NO. 2006-0R-37, AND ESTABLISHING THE
OFFICE OF THE CLERK-TREASURER AS THE PURCHASING
AGENCY FOR THE CITY OF JEFFERSONVILLE. I~IANA
WHEREAS, on or about July 17,2006, this Common Council overrode the veto
of the Mayor of the City of Jeffersonville, Indiana, and adopted Ordinance No. 2006-0R-
37 styled as An Ordinance Amending Ordinance 98-0R-40 Establishing an Independent
Municipal Purchasing Agency, which ordinance established the office of the Clerk-
Treasurer of the City of Jeffersonville, Indiana, as the "purchasing agent" (sic) for the
City; and,
WHEREAS, on or about December 4, 2006, this Common Council overrode the
veto of the Mayor and adopted Ordinance No. 2006-0R-5 styled as An Ordinance
Establishing a Purchase Order System for the General Fund of the City of Jeffersonville,
which ordinance is intended to require the Clerk-Treasurer, as the City's purchasing
agent, to adopt rules and procedures implementing a purchase order system for purchases
of all items at a cost exceeding $500.00 by any officer, employee, board, commission, or
political subdivision of the City that is intended to be paid from the City's General Fund,
which amount this Common Council hereinafter finds and establishes should be
increased to $1,000.00; and,
WHEREAS, during consideration of the override of the Mayor's veto of
Ordinance No. 2006-0R-5, this Common Council discovered an inadvertent scrivener's
error within the text of previously enacted Ordinance No. 2006-0R-37, as well as the
necessity of further amending the above-described ordinances to more fully reflect this
Common Council's legislative intent in enacting the same.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA, AS FOLLOWS:
1. An inadvertent scrivener's error within the text of Section 1 of Ordinance
2006-0R-37 should be corrected, and the text of such ordinance is hereby amended to
read in pertinent part as follows:
The duly elected and serving Clerk-Treasurer of the City of
Jeffersonville, Indiana, is hereby designated and established
as the Purchasing Agency for the City of Jeffersonville to
the fullest extent permitted by Indiana Code 5-22-1, et seq.
2. The Clerk-Treasurer, as the Purchasing Agency for the City, shall have the
authority to designate one (1) or more purchasing agents as provided by the provisions of
IC 5-22-4-5 and IC 5-22-4-6. Such designation may be limited to one (1) or more
.
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specific purchases, or may be general and continuing in its terms, at the discretion of the
Purchasing Agency.
3. The Clerk-Treasurer, as the Purchasing Agency for the City, and any
person( s) duly appointed as a purchasing agent by such Purchasing Agency, shall
approve and/or make purchases of all supplies, materials, equipment, or other tangible
personal property, and solicit and accept bids for the construction of "public works" or
"public improvement" projects as defined under applicable Indiana law, in a manner
consistent with the provisions onc 5-22-1, et seq., the rules and procedures promulgated
and adopted by the Purchasing Agency, this Ordinance (including the provision of any
other ordinances referred to herein), and any subsequent ordinances adopted by this
Common Council. Except upon subsequent amendment of this Ordinance in accordance
with the provisions of IC 5-22-6, et seq., the provisions of this Ordinance, and the
jurisdiction of the Purchasing Agency appointed hereunder, shall not in any manner be
construed to limit the authority of the executive branch of City government to execute
contracts for the purchase of services, provided only that sufficient funds have first been
appropriated into a budget line item that may properly be used for payment of any such
contract.
4. The provisions of this Ordinance shall apply to each officer, employee,
board, commission, and political subdivision of the City, excepting the City's municipal
wastewater treatment utility in accordance with the provisions onc 5-22-1-2(13).
5.
follows:
Section 1 of Ordinance No. 2006-0R-5 is hereby amended to read as
The Clerk-Treasurer, as the City's Purchasing Agency,
shall promulgate and adopt rules, regulations, and
procedures implementing a purchase order system for the
purchase of all supplies, materials, equipment, or other
tangible personal property by any officer, employee, board,
commission, or political subdivision of the City that is
subject to the provisions of this Ordinance. Such rules
shall not be placed in effect until they have been submitted
for review and approval on affirmative vote on motion of
the City Council. Notice is hereby taken that the City
Council by motion approved the initial rules recommended
by the Clerk-Treasurer at its regular meeting on February
27, 2007. Such rules may be altered, amended, or
supplemented by subsequent motion of this City Council.
6.
follows:
Section 2 of Ordinance No. 2006-0R-5 is hereby amended to read as
No City official, employee, board, commission, political
subdivision, or person purporting to act as an agent of the
City shall order, purchase, or cause to be ordered or
purchased any supplies, materials, equipment, or other
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7.
follows:
8.
follows:
9.
follows:
tangible personal property without the prior approval of the
Purchasing Agency. A properly appointed purchasing
agent shall have the authority to complete the ministerial
acts necessary to finalize any purchase previously approved
by the Purchasing Agency. Travel expenses incurred or to
be incurred by any City official, employee, board,
commission, political subdivision, or person purporting to
act as an agent of the City are subject to the provisions of
this Ordinance to the extent that such expenses are
reasonably expected to exceed One. Thousand Dollars
($1,000.00) during any travel event, regardless of whether
such event consists of one (1) or more days.
Section 3 of Ordinance No. 2006-0R-5 is. hereby amended to read as
The Purchasing Agency shall grant its approval of any
purchase covered by the provisions of this Ordinance, with
such approval evidenced by a written record signed by the
Purchasing Agency, before any purchasing agent shall be
entitled to obligate the City or otherwise complete any
particular purchase.
Section 5 of Ordinance No. 2006-0R-5 is hereby amended to read as
The Clerk-Treasurer, as the City's fiscal officer pursuant to
the provisions of IC 36-4-1 0-2( c), shall not pay any claim
for the purchase of any supplies, materials, equipment, or
other tangible personal property requiring the prior
approval of the Purchasing Agency under the provisions of
this Ordinance, unless written evidence of such approval by
the Purchasing Agency is first received.
Section 6 of Ordinance No. 2006-0R-5 is hereby amended to read as
The provisions of this Ordinance shall not apply to the
purchase of any supplies, materials, equipment, or other
tangible personal property not exceeding the value of One
Thousand Dollars ($1,000.00), either singly or in the
aggregate at the time of any purchase. Nor shall this
Ordinance be construed to in any manner restrict the
authority of any officer, employee, board, department,
commission, or political subdivision of the City that is
subject to the provisions hereof from exercising their
discretion in making decisions to purchase any particular
supplies, materials, equipment or other tangible personal
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property, or in seeking the construction of a "public works"
or "public improvement" project as defined under
applicable Indiana law, provided only that sufficient funds
have been appropriated into a budget line item that may
properly be used for payment of such purchases or projects.
In instances where sufficient budgeted funds exist for the
purpose of making the desired purchase or project, it shall
be the sole function of the Purchasing Agency appointed
hereunder to assure that such purchase or project is
completed on the most favorable terms that can practicably
be obtained, and such Purchasing Agency shall not have the
discretion or authority to otherwise restrict, prohibit, or
veto any such proposed purchase or project.
10. All provisions of Ordinance No. 2006-0R-5 and Ordinance No. 2006-0R-
37 not amended by, or otherwise in conflict with, the provisions of this Ordinance shall
remain in full force and effect.
11. The City Council reserves the right to alter or amend the provisions of this
Ordinance by subsequent ordinance, specifically including, but not limited to, the
granting of additional authority and responsibility to the Purchasing Agency in any
manner consistent with the provisions ofIC 5-22-1, et seq.
12. This Ordinance shall be in full force and effect following its adoption by
this Common Council, and either approval by the Mayor or override of any veto by the
Mayor in accordance with the provisions ofIndiana law.
13.
SO ORDAINED by this Common Council this
day of
2007.
KEITH FETZ, President of the
Jeffersonville Common Council
Attest:
Peggy Wilder, Clerk-Treasurer
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CERTIFICATE OF PRESENTATION TO MAYOR
- ~ ..
The undersigned hereby certifies that on the day of ,
2007, the above Ordinance was PRESENTED by me, as the duly elected Clerk-Treasurer
of the City of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana:
Peggy Wilder, Clerk-Treasurer
APPROVAL OR VETO BY MAYOR
The undersigned, as of this day of , 2007,
and as the duly elected Mayor of the City of Jeffersonville, Indiana, hereby takes the
hereinbelow described action regarding the above Ordinance as authorized by the
provisions ofIC 36-4-6-16 and as evidenced by my signature affixed below (check below
as appropriate):
I hereby APPROVE this Ordinance, which approval was entered within
ten (10) days after its presentation by the Clerk-Treasurer to me.
I hereby VETO this Ordinance, which veto was entered within ten (10)
days after its presentation by the Clerk-Treasurer to me. The reason(s) for this veto are as
follows (attach additional sheets for explanation as necessary):
Note: In the event that no action is taken by the Mayor to either approve or veto this
Ordinance within ten (10) days after its presentation by the Clerk-Treasurer, then
this Ordinance shall be deemed as vetoed pursuant to operation of law. The
Clerk-Treasurer shall promptly report any such veto to the Common Council of
the City of Jeffersonville, Indiana, by not later than its next regular or special
meeting following expiration of such period express approval or veto of this
Ordinance by the Mayor.
ROBERT L. W AIZ, Mayor of the
City of Jeffersonville, Indiana
Attest:
Peggy Wilder, Clerk-Treasurer
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CERTIFICATE OF OVERRIDE OF MAYOR'S VETO
, .
The undersigned, as the duly appointed President of the Common Council of the
City of Jeffersonville, Indiana, hereby certifies that on the day of
,2007, the Common Council of the City of Jeffersonville, Indiana, at
its first regular or special meeting following either (i) the express veto of the above
Ordinance by the Mayor of Jeffersonville within ten (10) days after its presentation to
him by the Clerk-Treasurer, or (ii) the failure of the Mayor of Jeffersonville to either
approve or veto the above Ordinance within ten (10) days after its presentation to him by
the Clerk-Treasurer, PASSED and ADOPTED the above Ordinance over the veto of the
Mayor of Jeffersonville by a two-thirds (2/3) vote of its entire membership. The
provisions of the above Ordinance shall be fully effective from and after such action of
the Common Council in accordance with the provisions of Indiana law.
KEITH FETZ, President of the
Jeffersonville Common Council
Attest:
Peggy Wilder, Clerk-Treasurer
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ORDINANCE NO. 2006-OR.5
AN ORDINANCE __ . PURCHASE ORDER SYSTEM FOR THE
GENERAL FUND OF THE CITY OF JEFFERSONVillE
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WHEREAS, I.C. 5-22 applies to every expenditure of public funds by a governmental body; and
WHEREAS, the City of Jeffersonville, Indiana (the RCity") is a governmental body under the Act;
and
WHEREAS, l.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 CQmmon Council of the City of Jeffersonville as the
Legislative Body of the III; ..
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 laY THE COMMON COUNCIL OF THE CITY
JEFFERSONVILLE, INDIANA, THAT:
Section 1.
The Common Council of The City of Jeffersonville autho~es 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 III _ 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, suppr~, or equipment without the prior approval
of the Purchasing Agent All anticipated travel expen. are subject to the procedures adopted by
the Common Council of the City of Jeffersonville. :
r.
Section 3.
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The signature of the Purchasing Agent shall constitut€} approval.
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Section 4.
Any employee, elected official, member of any board ~r agent of the City of JeffersonvRle who
violates the requirements of this Ordinaiicewill be pefsonably 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 e.ffe<;t 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 ~ day of
vf\e,lfj'('t illr ,2006.
Presiding Officer
ATTEST:
Peggy Wilder
Clerk and Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this 212 day of
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Clerk-Tre
Approved and signed by me this
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Mayor
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BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
IN THE MA TIER 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 ofattOIneys pursuant to I.C. 36-4-10-5.5.
. 2. That said law, contemporaneously with Ordinance No. 2006-0R-37, violates
I.C. 36A-5-3 in that purchasing is an executive function and the Clerk-Treasurer is ribt
the city executive.
3. That LC. 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 Indhma 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 loSt day of , 2006.
Robert L. Waiz, Jr.
Mayor