Loading...
14-1608 City Code Title 1 UpdateCITY OF MERIDIAN ORDINANCE NO. ( -} - I �u BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTERS 1, 2, 3, AND 4, MERIDIAN CITY CODE, REGARDING OFFICIAL CITY CODE: TITLE, ACCEPTANCE, COURT PROCEEDINGS, SEVERABILITY CLAUSE, CONSTRUCTION OF WORDS, CATCHLINES, GENERAL PENALTY FOR VIOLATION, APPLICATION, AND LIABILITY OF OFFICERS; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY CLERK, DEPUTY CITY CLERK; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY TREASURER; REPEALING AND REPLACING TITLE 1, CHAPTER 9, MERIDIAN CITY CODE, REGARDING CITY FINANCES: DEFINITIONS, INVESTMENTS, BUDGET POLICY; REPEALING TITLE 1, CHAPTER 12, REGARDING JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 50, Chapter 9, Idaho Code provides adequate guidance for the oversight and applicability of City Code; WHEREAS, for clarity and consistency in interpretation and enforcement, the specific definitions of words and phrases used in City Code should be provided within each respective chapter, rather than in a general definition section in Title 1; WHEREAS, Idaho Code sections 1-113 and 1-113A establish maximum penalties for misdemeanors and infractions, and by referencing these provisions rather than establishing separate penalties for such violations under City Code, the City will avoid inconsistency and obsolescence; WHEREAS, the following updates City Code related to City finances are consistent with generally accepted accounting principles, generally accepted government accounting principles, federal and state statutes, and best government accounting practices rules, guidelines, and standards; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapters 1, 2, 3, and 4, Meridian City Code, shall be amended as follows: Chapter 1 OFFICIAL CITY CODE 1-1-1: TITLE: Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Meridian. This City Code of ordinances shall be known and cited as the MERIDIAN CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legit ordinances of the City_ provided i Seel efl TITLE I UPDATE PAGE I Of 1 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE AMENDING TITLE 1, CHAPTERS 1, 2, 3, AND 4, MERIDIAN CITY CODE, REGARDING OFFICIAL CITY CODE: TITLE, ACCEPTANCE, COURT PROCEEDINGS, SEVERABILITY CLAUSE, CONSTRUCTION OF WORDS, CATCHLINES, GENERAL PENALTY FOR VIOLATION, APPLICATION, AND LIABILITY OF OFFICERS; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY CLERK, DEPUTY CITY CLERK; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY TREASURER; REPEALING AND REPLACING TITLE 1, CHAPTER 9, MERIDIAN CITY CODE, REGARDING CITY FINANCES: DEFINITIONS, INVESTMENTS, BUDGET POLICY; REPEALING TITLE 1, CHAPTER 12, REGARDING JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 50, Chapter 9, Idaho Code provides adequate guidance for the oversight and applicability of City Code; WHEREAS, for clarity and consistency in interpretation and enforcement, the specific definitions of words and phrases used in City Code should be provided within each respective chapter, rather than in a general definition section in Title 1; WHEREAS, Idaho Code sections 1-113 and 1-113A establish maximum penalties for misdemeanors and infractions, and by referencing these provisions rather than establishing separate penalties for such violations under City Code, the City will avoid inconsistency and obsolescence; WHEREAS, the following updates City Code related to City finances are consistent with generally accepted accounting principles, generally accepted government accounting principles, federal and state statutes, and best government accounting practices rules, guidelines, and standards; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapters 1, 2, 3, and 4, Meridian City Code, shall be amended as follows: Chapter 1 OFFICIAL CITY CODE 1-1-1: TITLE: Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Meridian. This City Code of ordinances shall be known and cited as the MERIDIAN CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legislation ordinances of the City. as Pr . ided :n Se TITLE 1 UPDATE PAGE I Of I ------------ 1-1-2: ACCEPTANCE: The Meridian City Code, as hereby presented in pfinted f nn, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect,moit he excluded crdi.anees ...,nested in S*'roa' 2 i—ofthis . TrrLE I UPDATE PAGE 2 of 2 WE MMWMFWWRFAWM� TrrLE I UPDATE PAGE 2 of 2 1-3-L1-1-3: REPEAL OF GENERAL ORDINANCES All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. 12 3 1-1-4: COURT PROCEEDINGS: A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. B. Extend To All Repeals: This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. C. Currently Pending Actions: Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed, and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code. TrrLE 1 UPDATE PAGE 3 of 3 12 4-1-1-5: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Ccunoil hefeb ' dccl:..es that it would have paa be d 1 a uneEmst't, t' 1 iiwalid or ineffee4ive. 1-1-6: CONSTRUCTION OF WORDS: A. Whenever any word in anv section of this City Code importing the plural number is used in describing or referringto o any matters parties or persons any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. B. The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title," "Chapter," "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances 1-1-7: CATCHLINES: The catchlines set forth in City Code are intended merely to indicate the general content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern limit modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof. TITLE 1 UPDATE PAGE 4 of 4 POW. MM y�lI lip TITLE 1 UPDATE PAGE 4 of 4 amend passage and eff eti.,e dates of ,...eh eriginal a' 13 1 DEFINITIONS, GENERALWhenevef the «:hea to them folloming wofds til.less the e,.„te.,t or terms afe makes used in this stieh meaningst Code, they YeY b shall th have stieh ffleaning,; herein ACTENT• Aper implieation. -son act:....b o ..ano behelf f another with authorityF e,.« ««ea either , e .., .. aa_ .. h CITY: The City ...�' CODE: The Cit of Mefidian, !goad of the Co ..t . of is Cit. off ..y' rn-ccaian. State f 'a' is 1. COUNCIL: Unless otherwise indieatedthe `ity ne e:l of the /''t fMeridian. GOJ1h1TV. The �.......... The ne..«t.. of Ade �.......� ... Ada, State of ia..he .....w ..i ice........ EMPLOYEES: WhemmIrsr r-sfers4ipa is made in this Gode to a G4), eWleyee by title opAy, this shall b _ nstr..ea ..,, th...,-1 FISCAL YEAR! 1_11n ved The fiscal year b the words okhe City "of the City shall coaHnenee fTA y'a'w on Oetober " 1 of eaoh yeaf. GENDER: A word to other gender- one ::un&ea calla :wY..«tin 6 and to p fs ($100.00) either the maseul:e and b. hick .. or . ineareefationmaybe mi«:«e C gender iWesed. ..«l.. sh..11 ext,....a and he applied MISDEMEANOR: Any off -ease not defined as a felony or inkaetion tmder State law. NUISANCE: An�4hing h offensive a to the sensibilities of reasonable persons, ef an), ac4 of aetivity creating which ah the health a..a ..,elf re o«..h: f:h> te.As f othe n: t., oany activity Yom..,...: ie..... .4Mn the o .....� . TITLE 1 UPDATE PAGE 5 Of 5 Chapter 4=2 GENERAL PENALTY FOR VIOLATION OF CITY CODE 1 4-L1-2-1: GENERAL PENALTY: A. Misdemeanor: Except as otherwise specified herein, any person convicted of a violation of any provision of this City Code that is designated a misdemeanor, or that is not designated as a misdemeanor or infraction, may be fined and/or imprisoned as provided by Idaho Code regarding TITLE I UPDATE PAGE 6 of 6 • 0 1! 6 6 Chapter 4=2 GENERAL PENALTY FOR VIOLATION OF CITY CODE 1 4-L1-2-1: GENERAL PENALTY: A. Misdemeanor: Except as otherwise specified herein, any person convicted of a violation of any provision of this City Code that is designated a misdemeanor, or that is not designated as a misdemeanor or infraction, may be fined and/or imprisoned as provided by Idaho Code regarding TITLE I UPDATE PAGE 6 of 6 1! 6 6 Chapter 4=2 GENERAL PENALTY FOR VIOLATION OF CITY CODE 1 4-L1-2-1: GENERAL PENALTY: A. Misdemeanor: Except as otherwise specified herein, any person convicted of a violation of any provision of this City Code that is designated a misdemeanor, or that is not designated as a misdemeanor or infraction, may be fined and/or imprisoned as provided by Idaho Code regarding TITLE I UPDATE PAGE 6 of 6 B. Infraction: Except as otherwise specified herein, any person convicted of a violation of any provision of this City Code that is designated an infraction may be fined as provided by Idaho Code regarding punishment for infractions not otherwise specified o4ien the offense �,,�designated -„s infFaction bt' or llrny of City Code c r 1 •t' h l 1J b � r J1. J e Y J pe i a one> ,.,rears aa doll($100. nm/ J and > imposed. r � o 3 4 21-2-2: APPLICATION OF PROVISIONS: A. Application Of Penalty Provisions: The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this City Code. 2. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. B. One Recovery For Same Offense: In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. I-4 31-2-3: LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. Section 2. That Title 1, Chapter 8, Article A, Meridian City Code shall be amended as follows: TITLE 1 UPDATE PAGE 7 of 7 01 -1 WIN 111 11• NUNN 3 4 21-2-2: APPLICATION OF PROVISIONS: A. Application Of Penalty Provisions: The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this City Code. 2. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. B. One Recovery For Same Offense: In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. I-4 31-2-3: LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. Section 2. That Title 1, Chapter 8, Article A, Meridian City Code shall be amended as follows: TITLE 1 UPDATE PAGE 7 of 7 ARTICLE A. CITY CLERK 1-8A-1: APPOINTMENT; TERM OF OFFICE: The City Clerk shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-8A-2: DUTIES: A. Keep Seal, Ordinances And City Records: 1. The City Clerk shall be custodian of the City Seal and affix same to documents as provided in subsection 1 c W f this Tit! by Code and other law. 2. The City Clerk shall also be the custodian of all public records, ordinances, resolutions and orders of the City Council, and such other papers and documents as may be delivered into his or her custody. B. Attend Meetings Of Council; Keep Minutes And Records: The City Clerk shall attend all sessions of the City Council, keep a corm eumal minutes and transcripts thereof, and -shall keep in -a separate beek a record of ordinances passed by the City Council --•a e�F *habetical l•. Th. 9;t., Qe..vand shall see that each ordinance is published as required by law; d sh,.11 keep n file the proof of,.,...h piib1' t' __ C. Report To City Council: reeeived with applieations for licenses whieh afe te rome befoFe the City Gethiefl; all other fiinds reecived by hifn as City Clerk; and said fe-port shall give a detailed explanation of , ineluding a statement of the aggregate of war -r -ants of eaeh ftmd issued, of warrants redeemed during the month and wafrants outstanding against each fund at the elese of seeh fnenth. He also at the elese of each fiscal year pfesent to the City Council an aflnual report covering the operations for the epAire yeaf, whieh said report sha4l also eentain a deseription of the bonds issued and sold duFing the yeEff, and the tenns of sale; and shall itemize each and evefy expeese thereof, The City Clerk shall also make such additional reports and furnish such ether data from the records and files of his or her office as may be requested by the Mayor or City Council. D. Furnish Copies Of City Records: It shall be the duty of the City Clerk to furnish any City officer with a eet4i€ed copy of anyup blic record,, paper publi , aaetI•. 014 en rile :n his office , in his _ustedy, f_,. the... Rf....,.h ,.fa,.,._ in the discharge of his efF__a1 ,1»,-_ , and he or she shall also furnish a certified copy of any such record, papef or doe••-nent to any person not an o ,.,.r of the City upon the payment in advanoe of fifteen eetAs ($0.15) per folio of one hundfed (100) wordq fi-i suoh eopT- on request and payment of such fees as authorized or required by I TrrLE I UPDATE PAGE 8 of 8 Q -E. Issue Licenses: The City Clerk shall issue all licenses as authorized by City Code., e atiplisate of w" shall be kept on file, but no lieense shall be issued to mi7y person twiless fees by ofd4iance shall ha-,�e first bem paid, for- w-hieh payraef4 the City GI&Ac shall issu issued, the mamber of the application fef license, and the duplieffte of suGh reeeipt so issued shall be kept on file with the . uph 4 li Y` via iar� with uiv uYiavu��.—r[ccm. c. 1-8A-3: DEPUTY CITY CLERK: There shall be established the office of Deputy City Clerk who shall perform such duties as assigned or delegated by the City Clerk, and who shall have full authority to act in the place and stead of the City Clerk in the event of the City Clerk's absence and/or inability to perform the duties of the office. The Pofsen filling the offiee of Deputy Gib� Clerk shall exeeute any and all offieial bonds approved by the /g City out eil to the o ffiec of the City Clerk, bonds A. are filed ...:tL the x,r__.__ Section 3. That Title 1, Chapter 8, Article B, Meridian City Code shall be amended as follows: ARTICLE B. CITY TREASURER 1-811-1: APPOINTMENT; TERM OF OFFICE: The Chief Financial Officer shall serve as the City Treasurer, and shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-811-2: DUTIES: umu TITLE 1 UPDATE PAGE 9 Of 9 The City Treasurer shall have and fulfill all of the duties established by Idaho Code as they may pertain to the City Treasurer or the finances of the City, including without limitation those duties enumerated in Title 18, Chapter 57 (Public Funds and Securities); Title 50 Chapter 2 (City Treasurer); Title 50 Chapter 10 (City Finances); Title 57 Chapter I (Public Depository Law) and Title 67 Chapter 4, Idaho Code (annual audit). Additionally, the City Treasurer shall: A. Attend, as necessary, sessions of the City Council. B. Implement financial policies and plans at the direction of the Mayor and City Council C. Advise the Mayor and City Council on financial policy considerations and short and long range financial planning. D. Review and analyze financial methods and performance to find ways to increase effectiveness improve results or effect economies in financial activities. E. Analyze budget requests for compliance with appropriate rules regulations policies procedures budget, and capital improvement plan. F. Develop, with the necessary staff, the annual budget amendment including gathering all data analyzing results and presenting a final report to the mayor, council and the public. G. Manage the City's investment portfolio. H. Establish and maintain an internal control structure designed to protect the City from loss of public funds due to fraud, error, or actions inconsistent with the requirements the laws governing allowable public entity investments. I. Monitor the financial condition of the City and adherence to the budget J. Ensure the City's budget, financial results, financial transactions budget calendar, revenue manual budget development manual capital improvement plan annual audit reportand audited financial statements are available to the public. K. Oversee the Finance Department and delegate or assign duties or tasks as required for the efficient operation of the department and fulfillment of the requirements of City Code and other law. Section 4. That Title 1, Chapter 9, Meridian City Code shall be repealed, and replaced with the following language: Chapter 9 CITY FINANCES 1-9-1: DEFINITIONS: A. Prudent Person Standard: A standard of care that holds that investments shall be made with judgment and care, under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. TITLE 1 UPDATE PAGE 1 1 Of I I 1-9-2: INVESTMENTS: A. Scope: The provisions of this chapter shall apply to the cash and investment activities of all funds under the jurisdiction of the City of Meridian Chief Financial Officer and the City Finance Department as authorized by Idaho Code section 57-127 and by resolution of the City Council. Employee Retirement Fund and any Employee Deferred Compensation Plans are specifically excluded from this policy. Any investment advisor contracted by the City to purchase investments shall be bound by the provisions of this chapter. B. Investment Objectives: The primary objective of the Finance Department is to safeguard City funds while providing adequate liquidity to meet the City's on-going operating needs. The investment objectives, in order of priority, shall be as follows: 1. Safety: The investment portfolio will be structured so as to preserve the capital in the portfolio and mitigate risk. Specifically, the CFO will minimize interest rate risk by limiting the average maturity of the City's investment portfolio. The CFO will minimize Custodial Credit Risk by requiring that all of the City's deposits be protected by deposit insurance, bond, or pledged collateral. The CFO will minimize Credit Risk by limiting investments to those investments authorized by state law. The City shall require, to the extent possible, that all investments be identified as to City of Meridian ownership and held in the City's name. 2. Liquidity: The investment portfolio will remain liquid enough to meet the operating needs of the City. In addition to meeting anticipated daily needs of the City, an amount of the portfolio will be available in vehicles that offer one -day liquidity for unanticipated operating needs. 3. Yield: The investment portfolio will be designed to obtain the highest yield possible under the constraints of safety, liquidity, and state regulation. C. Standards of Care: The standard of prudence used by City Finance employees and any investment advisors contracted by the City shall be the Prudent Person Standard. D. Ethics and Conflict of Interest: Employees, officials, and contractors involved in the investment process must refrain from personal business activity that could conflict with the proper management of the investment program or create an actual or perceived impairment of ability to make sound investment decisions. Employees, officials, and contractors shall disclose any personal financial or investment positions that could be related to the performance of the investment portfolio. E. Authorized Financial Institutions, Depositories, and Brokers/Dealers: All brokers and dealers doing business with the City of Meridian must be registered with the State of Idaho Department of Finance, and must adhere to Securities and Exchanges Commission Rule 15C3-1 (uniform net capital rule). Non-bank broker/dealer firms and the individuals handling the City's account must be registered with the National Association of Securities Dealers (NASD). F. Internal Control; Audit: The City Finance Department shall be responsible for establishing and maintaining an internal control structure designed to protect the City from loss of public funds due to fraud, error, or actions inconsistent with the requirements the laws governing allowable public entity investments. It shall be the duty of the City Council to have a complete and thorough audit of the TITLE t UPDATE PAGE 12 of 12 financial statements of the City as set out in Idaho Code sections 67-450B and 50-1010. The expenses required to obtain such an audit shall be included in the City annual budget. The annual audit report shall be submitted to the City Council and filed with the State of Idaho no later than six months following the close of the fiscal year. The City Council shall retain the right to order the Treasurer or a qualified CPA firm to conduct internal audits as frequently and as necessary as may be needed. G. Performance Audit: As the City Council deems necessary, the City Council shall appoint a certified CPA firm or consulting firm to conduct a performance audit for all specified departments. This performance audit shall be as extensive and detailed as the City Council deems necessary. H. Reports to Council: The Chief Financial Officer and the Finance Department shall prepare reports, as set forth herein or at the request of City Council, regarding the status of the City's investment portfolio, including: percentage of the total portfolio each type of investment represents, percentage of the portfolio each fund represents, monthly rate of investment return for each type of investment, quarterly summary of market conditions, annual realized and unrealized gains and losses on in market value and amortized expense or income from amortization of bond premiums and discounts, average weighted yield to maturity, and listing of investments by maturity date. 1-9-3: BUDGET POLICY: A. Scope: The provisions of this chapter shall establish: 1. The City's policy regarding the responsibilities of the Mayor, the Chief Financial Officer/Finance Department, City Council, and Department Directors in compiling and establishing the annual City budget; 2. The principles that will guide the City's budget process; and 3. The principles that control and ensure adherence to the adopted budget and compliance with the provisions of Idaho Code 50-1002 et seq. B. City Budget Purpose and Mission: The mission of the City of Meridian's budget is to help decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process. The budget is a plan that tells how the City will use limited financial resources to best provide for the needs of its citizens. The budget should be presented so that it is a document that can be used to inform and educate the public and elected officials about the City's structure, achievements, challenges, and direction. The budget should serve as a policy document, an operations guide, a financial plan, and a communication tool. C. Definitions: 1. Amendment: An alteration of the current fiscal year budget. 2. Appropriation Authority: A sum of money that has been set aside for a specific use. 3. Appropriation Level: The three levels at which the City sets spending authority. A specific process is established for spending in excess of the set spending authority within any level. TITLE 1 UPDATE PAGE 13 of 13 a. Fund Appropriation Level: An appropriation for a fund. A fund appropriation is the highest level of appropriation; one fund may have several programs. b. Major Program Level: An appropriation for a particular program. Some programs include smaller but related programs. c. Major Project Level: An appropriation for specific projects within an object code, generally within capital. Changes on spending at the project level within appropriated capital do not require a budget amendment, but do require documented approval of the Mayor and Council. 4. Base Budget: Personnel and operating expense budgets needed to operate the daily functions of the City at current service levels. 5. Budget Enhancement Request: A request by which City staff or departments may identify an opportunity or problem, a course of action to address the problem, and the financial impact of the course of action. A request for additional personnel, operating expense, or capital outlay to perform a new service, solve a problem or provide the same service to an increased population requires a budget enhancement request. 6. Budget Hearing: A public hearing to allow public input with the formal adoption of the final budget. 7. Budget Notice: A formal publication in the local paper following Idaho code to notify the public of any budget hearing or workshop. 8. Budget Workshop: A meeting at which the Council, Mayor and department directors discuss the current year budget. 9. Capital Assets: See Capital Outlay. 10. Capital Outlay: Tangible or intangible property that meets the current minimum dollar threshold per City policy, and has a life of more than one year. Capital outlay may be tangible, such as equipment, land, land improvements, or buildings, or may be intangible, such as computer software, water rights, or easements. 11. Carry Forward: Budget dollars not spent on capital projects during the current fiscal year that will be spent in a future fiscal year. 12. Compensation changes: Changes to an employee's compensation, including merit pay, reclassification, equity adjustment, across-the-board increase, cost of living increase, or Fire union contract compensation clause changes. All City positions must be approved by the City Council and budgeted as full or partial full time equivalents. 13. Department: A division within the City that has its own specific purpose. 14. Fiscal Year: The twelve-month period October 1 to September 30. TITLE 1 UPDATE PAGE 14 of 14 15. Fund: Self -balancing set of accounts organized into types by major service provided by the City, expenditure, and/or the source(s) of revenue. 16. Object: The account code assigned to identify what the expenditure is for. For example office supplies, personnel expense, or equipment. The major classes of objects are personnel, operating, and capital, but spending on personnel and operating is not controlled at the object level; additions of part or full time equivalent positions require the prior approval of the Mayor and City Council. 17. One-time Expenditure: An expense that will only occur during the current fiscal year as opposed to continuing year to year. 18. Operating: The expenses associated with running the daily business of the City. 19. Personnel: The expenses associated with salaries and wages, including benefits and taxes. 20. Program: A category of services for an identifiable department or group and designated for a specific purpose. 21. Spending Authority: See Appropriation Authority. 22. Transfer: To move budget dollars from one general ledger line item to another; or to move budget dollars from one project to another. E. Appropriation Levels. The City shall set spending authority at the major program level, at the major object level, and at the fund level. Spending in excess of the original major class appropriation shall require a budget amendment to be approved by the Major and City Council. The budget reports are adjusted upon City Council approval. The City accounting system shall track both the original budget and the amended budget. The City shall appropriate all amendments one time, at the end of the fiscal year, through ordinance and public hearing. F. Balanced Budget. The City shall adopt and maintain a balanced annual budget, to which the following principles shall apply: 1. For each fund, annual expenditures may not exceed annual revenues plus available fund balance. 2. Each fund must maintain a fund balance equal to four (4) months operating reserve. 3. The dollar amount of the operating reserve shall be determined by the current year's budget and shall be recalculated on an annual basis. 4. The base budget of the City must not exceed the current year revenues for each fund. 5. One-time revenues or use of fund balance will be permitted only for one-time projects or items. Ongoing personnel or operating costs resulting from such projects must be sustained by ongoing and consistent revenue streams. TITLE 1 UPDATE PAGE 15 of 15 6. Expenses may be incurred only in terms of the approved annual budget or amended approved annual budget. 7. General Fund requests for new or expanded programs will be considered during the course of the regular budget process. Only in extreme circumstances will such requests be considered during the course of the year. G. Emergency Holdback: At any time during the fiscal year, following the adoption of the budget, if the Chief Financial Officer determines the current year revenues will not cover ongoing expenses, he or she shall report to Council and recommend a spending holdback. The Council will approve such spending holdback up to the amount necessary to ensure current revenue will cover ongoing expenses. H. Budget Development Revenue Manual: Following City Council's consideration of the budget, the Finance Department will prepare and distribute a revenue manual, which shall contain revenue projections for each source of revenue, by fund, for the budget year under consideration as well as forecast at least three years' future anticipated revenue. The document shall contain relevant past history for comparison purposes and shall prepare revenue forecasts in a conservative manner. 2. Budget Calendar: The Finance Department shall prepare an annual budget calendar showing key dates in the budget and capital improvement plan development processes and ensuring that statutorily required budget dates are satisfied. 3. Budget Development Manual: The Finance Department shall prepare an annual budget development manual for use by City Departments, but available to the public, with forms and instructions and the budget development manual. 4. Base Budget: The Finance Department shall develop the base budget, and may remove all one-time and capital expenses and make slight adjustments to line items where warranted. 5. Line Items: The Finance Department and the City Departments will review all line items to determine if reductions are possible or if changing conditions necessitate an increase. 6. Budget Enhancement Requests: Departments may request budget enhancements by demonstrating what issue or challenge, long term program goal and measurable objective from their strategic plan the budget enhancement will address. There may be cases in which an item is requested with multiple year costs not all requested in the current year budget. If this happens the, the Department must include in the budget enhancement request details regarding future costs and any prior costs relevant to the particular project will be detailed on the enhancement request form. 7. Compensation Changes: Approved compensation changes shall be communicated to the Finance Department for inclusion in the draft budget through the Human Resources Department. If anew job classification is created the job description must be submitted to the Human Resources Director for approval and salary classification. TITLE 1 UPDATE PAGE 16 of 16 8. Executive Budget: The Mayor shall review, and upon approval the Finance Department will submit to the City Council, the following: enhancement requests, wage and salary report, base budget by line item and total, and capital replacements. J. Budget Adoption: Per Idaho Code, the authority and responsibility for setting the budget rests with the City Council. The process of setting the budget shall include the following: Budget Workshop: The City Council, Mayor and City Directors shall hold a budget workshop to discuss department enhancement requests. At the conclusion of the workshop the Council shall approve a draft budget. 2. Notice and Publication Requirements: The City Clerk shall, at the direction of the CFO, publish in the local paper all applicable notices pertaining to the annual budget process, pursuant to the requirements of Idaho Code sections 50-1002 and 50-1003. 3. Public Hearing: Pursuant to Idaho Code, the City shall hold a public budget hearing. The Finance Department shall provide a presentation highlighting the budget enhancements and items of interest to the public. The public shall be encouraged to attend and submit comments related to the draft budget. At the conclusion of the public hearing, the City Council shall formally adopt the budget. K. Budget Amendments. Though every effort should be made to enhance programs or add or change the budget through the regular budget process, additional spending authority may be requested outside of the annual appropriation process for an emergency or unexpected situation, or to receive authority to spend an unplanned source of revenue. The CFO shall provide an initial review of all amendment requests to determine the availability of revenues and impact on future years. Amendments must provide the same level of detail required for budget enhancements. Upon approval by the CFO, budget amendments will be forwarded to the Mayor and Council for review and approval. L. Budget Monitoring: 1. Financial Reporting: The Chief Financial Officer shall be responsible for monitoring adherence to the budget and the financial condition of the City. The CFO shall provide the City Council, Mayor, and City management with monthly statements of revenue and expenses and comparison of actual to budget as well as updates on the financial conditions of the City. 2. Public Reporting and Transparency: The Chief Financial Officer shall ensure the City's budget, financial results, financial transactions, budget calendar, revenue manual, budget development manual, capital improvement plan, annual audit report, and audited financial statements are available to the public. 3. Director and Executive Branch Budget Responsibility: The City Council shall establish the spending authority in the budget. The Mayor and Department Directors shall be responsible for following the established budget and establishing and monitoring performance measures and strategic goals to optimize the level of service provided with available resources. M. Capital Improvement Budget. TITLE 1 UPDATE PAGE 17 of 17 1. Content: On an annual basis, each program in the City will prepare and update a five year capital improvement plan. The program plans will be combined to create a City-wide plan. The capital improvement plan will contain construction projects and significant equipment purchases or replacements. The capital improvement plan will include: a. Operating and personnel costs and numbers of additional employees associated with construction projects. b. Actual to budget comparison history for at least the three fiscal years proceeding the current year. c. Estimated funding sources for each year of the plan. d. Prioritized list of projects for each program and for each fund. e. Detail on the entire cost and construction timelines for multi-year projects. 2. Process: The Capital Improvement Plan will be reviewed and approved by the Mayor and City Council on an annual basis. Projects to be started in the upcoming fiscal year will be formally appropriated during the regular budget process. During the annual review the plan may be modified as services needs and/or funding sources change. If City Council approves an amendment or budget enhancement that differs from the existing capital improvement plan, the plan will be modified to reflect the change. 3. Reporting: On an annual basis each program will provide to City Council a report regarding the percentage of completion on previously appropriated projects, any change in scope, and any concerns regarding completion of each project on time and within budget. N. Funds 1. Operating Fund Types: a. General Fund: The general operating fond of the City; it derives most of its income from property tax and funds the operations of the City. b. Enterprise Fund or Proprietary Fund: User fees finance activities in these funds. Activities included in this fund would be sewer and water utilities. 2. Other Funds. Within the two funds other funds may be established as follows. a. Restricted Fund Balance. This fund balance is constrained for a specific purpose and legally restricted by external parties, such as State or Federal agencies. b. Committed Fund Balance. This fund balance constraint is self -imposed by the City Council. Formal action is required by City Council to commit funds and must occur prior to year end; however, the actual dollar amount may be determined in the subsequent period. c. Assigned Fund Balance. This fund balance is intended for a specific purpose and the authority to "assign" is delegated to the Chief Financial Officer. Formal action is not necessary to impose, remove, or modify and assigned fund balance. d. Nonspendable Fund Balance. This fund balance is for those assets that are non-cash or legally or contractually required to be maintained intact. Example would include inventory, TITLE 1 UPDATE PAGE 18 Of 18 long term loans receivable, property held for sale, endowment or permanent fund principal and prepaid items. 3. Capital Improvement Fund a. Capital Improvement: for the purposes of projects funded by the capital improvement fund capital improvement is defined as construction of real property structure, purchase of land or land development or a major repair that improves the life or use of real property. b. Capital Improvement Plan Funding: funding for the capital improvement may come from two principal sources. c. Excess Revenue Development Services Operations: When revenues for the Building and Planning Departments exceed their expenses, and a minimum of a four month operating reserve has been covered, that excess may be transferred into the capital improvement fund. d. City Council: The City Council may at time direct transfer of funds from the unrestricted fund balance into the capital improvement fund. Section 5. That Title 1, Chapter 12, shall be repealed. Section 6. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 7. That this ordinance shall be effective on the•2� day of May, 2014. PASSED by the City Council of the City of Meridian, Idaho, this day of May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this ;)k day of May, 2014. APPROVED: ATTEST: 0¢Q0 NIEDAU0Vs�! ~ city of IDIAN IDAHO Tammy de erd, Mayor Jayc e lman, City Cl er SEAL +be TRE ASV@�'aP TITLE 1 UPDATE PAGE 19 Of 19 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- (G 0 Y AN ORDINANCE AMENDING TITLE 1, CHAPTERS 1, 2, 3, AND 4, MERIDIAN CITY CODE, REGARDING OFFICIAL CITY CODE: TITLE, ACCEPTANCE, COURT PROCEEDINGS, SEVERABILITY CLAUSE, CONSTRUCTION OF WORDS, CATCHLINES, GENERAL PENALTY FOR VIOLATION, APPLICATION, AND LIABILITY OF OFFICERS; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY CLERK, DEPUTY CITY CLERK; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY TREASURER; REPEALING AND REPLACING TITLE 1, CHAPTER 9, MERIDIAN CITY CODE, REGARDING CITY FINANCES: DEFINITIONS, INVESTMENTS, BUDGET POLICY; REPEALING TITLE 1, CHAPTER 12, REGARDING JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND; AND PROVIDING AN EFFECTIVE DATE. 707,,,T ED A LfCtf IC: r�Q Cit f Ia ty0 Mayor and City Council (�/Vl E IDIAN ., IDAHt' By: Jaycee Holman, City Clerk °�F SEAL, �T First Reading:"a` a 1'A Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES )C NO Second Reading: — Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- 1 (p 0 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14- 1 to O R' of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this off- ( day of y 2014. L -)I" � 1. �'. 'L William. L.M. Nary City Attorney TITLE I UPDATE PAGE 20 of 20