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HomeMy WebLinkAboutOrdinance-1989-0787INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 787 Series of 1989 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 2-2. FISCAL YEAR, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY AUTHORIZING THE ADOPTION OF A BUDGET CONTAINING SPECIFIC APPROPRIATIONS, AND FURTHER PROVIDING THAT NO EXPENDITURE SHALL BE MADE IN EXCESS OF SAID APPROPRIATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 2-2. Fiscal Year of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as follows: Section 2-2. Fiscal Year; budget contains appropriations; no contract to exceed appropriation. a. Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. b. Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the Annual Budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. C. No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this Section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. d. Amendments and authorized expenditures. Nothing contained herein shall preclude the City Council from adopting a supplemental appropriation in a manner consistent with the provisions of section 10.12 of the Home Rule Charter of the City of Wheat Ridge. Further, nothing contained in this Section 2-2 shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. e. Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section 2-2. The provisions of this Section 2-2 shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specifically noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. Section 2. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. the City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. This ordinance shall become effective 1 day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 27thday of March 1989, in the ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday. April 10 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2 READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 10th day of April 1989. SIGNED by the Mayor on this 11thday of April , 1989. Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY OFFICE OF 'CI'TY ATTORNEY John E. Hayes, City Attorney 1st Publication: March 30, 1989 2nd Publication: April 13, 1989 Wheat Ridge Sentinel: Effective Date: April 14, 1989 3