The URL can be used to link to this page

Home My WebLink AboutOrdinances - MC-19-1192 - 05/06/2019 - Amending Code to adopt Budget Officer Finance SystemCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1192 An Ordinance Amending Various Provision of the City of McHenry's Municipal Code to adopt the Budget Officer Finance System Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 6, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 71h day of May 2019. Ordinance No. MC-19-1192 An Ordinance Amending Various Provision of the City of McHenry's Municipal Code to adopt the Budget Officer Finance System WHEREAS, the City currently operates under the appropriations ordinance method of fiscal planning; WHEREAS, Section 8-2-9.1 of the Illinois Municipal Code, 65 ILCS 5/8-2-9.1, authorizes a municipality to adopt the budget officer financing method; WHEREAS, in order to implement the budget officer financing system, a municipality must first adopt an ordinance adopting the budget system by two-thirds vote of the corporate authorities, then designate and approve a budget officer; WHEREAS, the City has determined that it is in the best interest of the City and its residents to adopt the budget -officer system of municipal finances for the City of McHenry, as set forth in this Ordinance; and WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois pursuant to its statutory powers and pursuant to its home - rule powers, as follows: Section 1. Article IV, entitled "Officers and Employees" of the City of McHenry Municipal Code is hereby amended to add new sections, collectively designated as "Division 9 — Budget Officer," which shall read as follows: Division 9. BUDGET OFFICER Sec.2-157 Appointment and Term: A budget officer shall be appointed by the Mayor with the advice and consent of the city council and shall serve at the pleasure of the Mayor. The Mayor, with the advice and consent of the City Council, may remove the appointed budget officer from the appointed office, for any reason or no reason at all. The budget officer may concurrently hold another nonconflicting appointed municipal office. Sec. 2-158 Bond and Oath: A. Bond: Before entering upon the duties of office, the budget officer shall furnish a surety bond in the amount to be approved by the Mayor and City Council Members. The bond shall be conditioned on the faithful performance of the budget officer's duties. The premium of the bond shall be paid by the city. The bond shall be filed with the City clerk. B. Oath: Before entering upon the duties of office, the budget officer shall take and subscribe the oath required by the Illinois constitution. The subscribed oath shall be filed in the office of the City clerk. Sec. 2-159 Powers and Duties: The budget officer shall have the following powers and duties: A. Permit, encourage and establish the use of efficient planning, budgeting, auditing, reporting accounting, and other fiscal management procedures in all City departments, commissions, and boards; B. Compile an annual budget in accordance with state law; C. Examine all books and records of all City departments, commissions, and boards which relate to the finances of the City and any of its departments, commissions, or boards; D. Obtain such additional information from the City, together with its municipal departments, commissions, and boards as may be useful to the budget officer for purposes of compiling departments, commissions, and boards in the form required by the budget officer. Any department, commission or board which refuses to make such information as is requested of it available to the budget officer shall not be permitted to make expenditures under any subsequent budget for the City until such department, commission, or board shall comply in full with the request of the budget officer; E. Transfer funds within any fund or any department. The corporate authorities, by vote of two-thirds (213) of the members then holding office, may revise the budget, and/or transfer monies within a fund or from one fund to another. No revision of the annual budget shall be made increasing the budget in the event monies are not available to do so; F. Establish and maintain such procedures as shall ensure that no expenditures are made by the City, its departments, commissions, or boards, except as authorized by the budget; G. Present the annual budget to the corporate authorities with sufficient time to allow them to consider and approve the budget prior to the fiscal year to which it applies, as required by 65 ILCS 8-2-9.4 H. Perform such other powers and duties as may be provided from time to time by law. Sec. 2-160 Vacancy: Subject to the Mayor's authority to make temporary appointments, if the Budget Officer is unable to serve, has been removed from office, or if there is a vacancy in the office of Budget Officer for any reason, then the acting Director of Finance shall serve as the acting Budget Officer until a new Budget Officer has been designated by the Mayor and approved by the City Council. Sec. 2-161 Compensation: Any compensation to be paid to the budget officer, including any temporary budget officer, shall be as determined from time to time by the City council. This shall only relate to the compensation payable to the budget officer in his or her capacity as budget officer, and shall not affect other compensation which the budget officer may receive by virtue of holding another position with the City or performing other tasks for the City. Sec. 2-162 Illinois Municipal Code Provisions Adopted. The city hereby incorporates into this article the terms and provisions of 65 ILCS 5/8-2-9.1 through 8-2-9.10, as now in effect and as from time to time hereafter amended, providing for the adoption of an annual municipal budget in lieu of passage of an annual appropriation ordinance. To the extent that any amendments of those statutes may conflict with the provisions of this Division, the explicit provisions of this Division take precedence. Sec. 2-163 Contingency Fund: The annual budget may contain money set aside for contingency purposes not to exceed ten percent of the total budget, unless approved by vote of the City council, which monies may be expended for contingencies upon a majority vote of the City Council. Sec. 2-164 Public Inspection, Notice, and Hearing: The corporate authorities shall make the proposed budget available to public inspection for at least ten days prior to the passage of the annual budget. Not less than one week after this publication, and prior to final action on the budget, the corporate authorities shall hold a public hearing on the proposed budget, after which the proposed budget may be revised and passed without further public involvement. Notice of this hearing shall be published in the Northwest Herald at least 7-days in advance. Section 2. Subsection 2-123.10 of Division 5., entitled "Finance Director", of the City of McHenry Municipal Code is hereby amended as follows: 2-123.10 Prepare the annual budget and tax levy ordinance for the City. Section 3. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Alderwoman Baehne Alderman Devine Alderman Glab Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer Ayes Nays X X X X X jr X (SEAL) �yy�_-_} ATTEST: ' - ` & a. Deputy C46rk Monte Johnson Passed: 516lalq Approved: s` L 1;otj APPROVED: Absent Abstain I A /w, Mayor Wayne Jett