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1999 Communication on Charter Commission
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1999 Communication on Charter Commission
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Charter Commission
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agreed upon shall set forth in detail the complete financial plan of the <br />city for the ensuing fiscal year for the funds budgeted and shall be signed <br />by the majority of the council when adopted. It shall indicate the sums to <br />be raised and from what sources and the sums to be spent and for what <br />purposes according to the plan indicated in section 412.701. The total sum <br />appropriated shall be less than the total estimated revenue by a safe <br />margin. The council shall adopt the budget by a resolution which shall set <br />forth the total for each budgeted fund and each department with such <br />segregation as to objects and purposes of expenditures as the council deems <br />necessary for purposes of budget control. The council shall also adopt a <br />resolution levying whatever taxes it considers necessary within statutory <br />limits for the ensuing year for each fund. The tax levy resolution shall be <br />certified to the county auditor in accordance with law. At the beginning of <br />the fiscal year, the sums fixed in the budget resolution shall be and become <br />appropriated for the several purposes named in the budget resolution and no <br />other. <br />412.721 Budget enforcement; personal liability. It shall be the duty of the <br />manager to enforce strictly the provisions of the budget. The manager shall <br />not approve any order upon the treasurer for any expenditure unless an <br />appropriation has been made in the budget resolution, nor for any <br />expenditure covered by the budget resolution unless there is a sufficient <br />unexpended balance left after deducting the total past expenditures and the <br />sum of all outstanding orders and encumbrances. No officer or employee of <br />the city shall place any order or make any purchase except for a purpose and <br />to the amount authorized in the budget resolution. Any obligation incurred <br />by any person in the employ of the city for any purpose not authorized in <br />the budget resolution or for any amount in excess of the amount therein <br />authorized shall be a personal obligation upon the person incurring the <br />expenditure. <br />412.731 Modification of budget. After the budget resolution has been adopted <br />the council shall have no power to increase the amounts fixed in the budget <br />resolution, by the insertion of new items or otherwise, beyond the estimated <br />revenues unless the actual receipts exceed the estimates and then not beyond <br />the actual receipts. The council may at any time by resolution approved by a <br />four-fifths vote of all the members of the council reduce the sums <br />appropriated for any purpose by the budget resolution or authorize the <br />transfer of sums from unencumbered balances of appropriations in the budget <br />resolution to other purposes. <br />412.741 Disbursement of funds. The provisions of section 412.271 shall apply <br />to cities operating under Optional Plan B except that orders shall be signed <br />by the mayor and manager and no order shall be marked not paid for want of <br />funds and except as otherwise provided in this section. Every resolution or <br />motion authorizing a disbursement and every order shall specify the purpose <br />for which the disbursement is made and indicate the fund from which it is to <br />be paid. No order shall be issued until there is money to the credit of the <br />fund from which it is to be paid sufficient to pay the order together with <br />all then outstanding encumbrances upon the fund. The manager shall specify <br />on each contract requiring the payment of money by the city the particular <br />fund out of which the same is to be paid, and shall cause a suitable <br />notation to that effect to be made on each such contract. The council may by <br />ordinance make further regulations for the safekeeping and disbursement of <br />the funds of the city. <br />412.751 Emergency debt certificates. If in any year the receipts from taxes <br />or other sources should from some unforeseen cause become insufficient for <br />the ordinary expenses of the city or if any calamity or any other public <br />emergency should subject the city to the necessity of making extraordinary <br />expenditures, the council may authorize the sale by the city treasurer of <br />emergency debt certificates to run not to exceed two years and to bear <br />interest at not more than seven percent per year. A tax sufficient to redeem <br />all such certificates at maturity shall be levied as part of the budget for <br />the following year. The authorization of an issue of such emergency debt <br />certificates shall be given by an ordinance approved by all the members of <br />the council. <br />Joel J. Jamnik, Esq. <br />Campbell Knutson <br />Professional Association <br />
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