HomeMy WebLinkAbout9883-08 Amend Chapter 2, Article 5 of the South Bend Municipal Code for preapproved payment of ClaimsORDINANCE No.
9883-08
Passed by the Common Cou~tcil of the City of Soutlt Bend, Indiana
November 24,
Attest:
Attest:
20 08
Presented by me to the Mayor of the City of South Bend, Indiana
November 25, 08
20 _
City Clerk
President of Common Council
City Clerk
Approved and signed by me November 26 20 08
BILL N0.33-08 (Substitute)
ORDINANCE NO. B` ~ 3 'fib
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH
BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS
STATEMENT OF PURPOSE AND INTENT
_1
On May 12, 2008 the South Bend Common Council approved and passed Bi1122-
08 which authorized the Board of Public Works upon request of the City Controller to
make claim payments in advance of Board allowance of such claims pursuant to Indiana
Code § 36-4-8-14. Bill 22-08 authorized this procedure in full conformity with Indiana
Statute, and it is now necessary to codify such authority within the South Bend Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA:
Section I. Chapter 2, Article 5 of the South Bend Municipal Code is hereby
amended to add a new Section 2-50.1 which shall read as follows:
Section 2-50.1 Preapproved Payment of Claimsl
~ Unless otherwise regtti~ed addressed by Indiana State law ~~
Cod ,the Board of Public Works of the City of South Bend,
Indiana, on request of the City Controller, may make claim payments in advance
of Board allowance of such claims for the following kinds of expenses:
(1) Property or services purchased or leased from the United States
government, its agencies, or its political subdivisions;
(2) License or permit fees;
(3) Insurance premiums;
(4) Utility payments or utility connection charges;
(5) General grant programs where advance funding is not prohibited
and contracting party posts sufficient security to cover the amount
advanced;
(6) Grants of state funds authorized by statute;
~ Indiana Code ~ 36-4-8-14, addresses various miscellaneous city fiscal provisions and authorized the
le~~slative body to pass an ordinance allowin money to be disbursed for lawful citypurposes under a
preapproved payment of claims procedure.
(7) Maintenance or service agreements;
(8) Leases or rental agreements2;
(9) Bond or coupon payments;
(10) Payroll;
(11) State, federal; or county taxes;
(12) Expenses that must be paid because of emergency circumstances;
(13) Fees and expenses related to real property transactions such as the
cost of obtaining title information, and the recording of documents;
and
(14) Other expenses expressly permitted by state statute as amended
from time-to-time.
fib,) Each payment of claim made shall be supported by a fully itemized
invoice or bill and certification of the City Controller, and the Board of Public
Works shall review and allow the claim at its next regular or special meeting
following the pre-approved payment of the expense.
~ Notice of any claims requested to be made in advance of Board
allowance except for claims of a payroll nature, shall be simultaneously submitted
by the City Controller to the Office of the City Clerk for informational purposes.
Section II. Upon the effective date of this ordinance, Ordinance No. 9837-08
passed by the Common Council on May 12, 2008, shall be repealed.
Section III. This Ordinance shall be in full force and effect from and a8er its
passage by the Common Council and approval by the Mayor.
`~~ A ~ ~v
Member, South Common Council
Att
City erk
2 Indiana Code & 6-1.1-20-7 et seq., which became effective on July 1, 2008, requires certain leases to be
approved by resolution, with such provisions be a part of HEA 1001.
Presented by me to the Mayor of the City of South Bend, Indiana on the ~~ day of
~~~.w.~ , 2008, at 3~~ `(.TJ o'clock ~.m.
City lerk ~
Approved and signed by me on the
o'clock ~. m.
ZG ~ day of ~~-w~-~- , 2008, at ~~o
~-
Mayor, City of th Bend, Indiana
0
1 st READING 5'2~~ ~~ ,~
PU"L!C tiE~>,EING [ 1 - 2`f-°$ ~ S Su ~
3 rd EEiiDING ~~-Z~-~~ Gt.S ~tt.,~-GS~-k`~.~~
NOT /-`,PPROVED
REFEREED ~ ~
PASSED ~ ~ -L'`f -dg C~, S S ctib S^4-~.°~~wt"~--~.
Filed In Cferk'S ®~fice
NOV 1 9 2G0~
JOHt1 VOORDE
CITY CLERK, SQ. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
33-08 A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA
AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND
MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted by
the following requirement, notice from the Controller to the Common Council of all claims
preapproved by the Controller in advance of a Board of Works meeting, with the exception
of claims of a payroll nature.
Derek D. Dieter
Chairperson, Committee of the Whole
1400 C.OtJNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF LAW
PxoNS574/235-9241
FAx 574/235-9892
TDD 574/ 235-5567
CHARLES S. LEONE ALADEAN M. DEROSE
CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY
November 19, 2008
Mr. Timothy Rouse
President, South Bend Common Council
4~' Floor, County-City Building
South Bend, IN 46601
Re: Bill No. 33-08 (Substitute Version)
Dear Mr. Rouse:
Enclosed for filing with the Common Council is a substitute version of Bill 33-08 which
adds the requirement of notice from the Controller to the Common Council of all claims
preapproved by the Controller in advance of a Board of Works meeting, with the exception of
claims of a payroll nature. I understand that this modification of the original Bill has been
agreed between the Common Council and the Controller. This substitute Bill No. 33-08 also
repeals prior Ordinance No. 9837-08.
City Controller, Catherine Fanello, will present this Ordinance to the Council at its
Personnel and Finance Committee meeting and at the regular Council meeting.
As always, thank you for your consideration.
Sincerely,
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER JEFFREY L. SANFORD ,JOHN E. BRODEN D ~~