§ 106.315. District Council expenditures.

City funds ("funds"), which may from time to time be appropriated to District Council accounts for various projects ("project(s)" defined herein to be any operating or capital expenditure of City funds"), shall be governed by this Code Section's requirements for the expenditure of said funds. Furthermore, all balances remaining in district accounts (which includes the 1988 Bond Accounts, the Renaissance Bonds, the Ft. George Funds, the Saratoga Funds and Renaissance Park Maintenance Funds) as of October 1, 2000, may also be expended in accordance with the guidelines in this Section. The balances in the District Bond Accounts, as shown in Exhibit A, shall be utilized for recreation or public works capital outlay and shall be available to the appropriate district for the next ten fiscal years. The ordinance appropriating funds to District Council accounts shall define the project (i.e. operating or capital) and specify the permitted use(s) of the funds (e.g. recreational and/or other uses) and shall specify the term of the appropriation. Upon the expiration of the term, unexpended or unencumbered funds shall lapse into the Special Council Reserve Account. Except for projects undertaken by the City, all expenditures of funds shall be restricted to an organization ("organization" defined herein to be a legal entity making a contribution, whether monetary or otherwise, to the project) whose project is both open to the public and located upon public property ("public property" defined herein to include property leased to the City). In addition, uses of the funds shall be subject to the following requirements:

(a)

District Council funds of $100,000 or less shall be expended in accordance with the following procedures:

(1)

The District Council Member shall prepare a letter which provides funds to an organization or City department in an amount certain and describes the purpose of the project and the public benefits of the project and the contributions of the organization. A copy of the letter shall be delivered to the Mayor.

(2)

Based upon the letter, the Mayor is directed to process the request as follows:

(i)

Assign the project to the appropriate City department for project oversight and/or implementation;

(ii)

Prepare and process the appropriate budget and/or accounting and purchasing entries; and

(iii)

If the project is to be performed by an organization the Mayor shall prepare and execute a contract for the project requiring the organization to:

1.

Complete the project in a time certain;

2.

Provide project accounting/reporting back to the oversight department and council auditor's office;

3.

Comply with all applicable bond covenants/restrictions, ordinances, laws and regulations;

4.

Return unused funds to the District Council Fund;

5.

Provide for release of City funds to the organization on a draw for work done or cost reimbursement basis; and

6.

Such other contract provisions as may be deemed appropriate or necessary by the Mayor.

(b)

District council expenditures up to $100,000 shall be exempt from compliance with Chapter 122, Part 6 (Capital Improvement Program).

(c)

District Council expenditures in excess of $100,000 shall, in addition to complying with the requirements of subsection (a) of this Section, require the District Council Member to obtain City Council approval as evidenced by an ordinance appropriating the District Council Funds to a specific project.

(d)

District Council funds may not be expended for any artwork or improvement which includes thereon a likeness of any living person. The prohibition contained herein shall not apply to random decorative art work which is not intended as recognition for the living persons depicted.

(e)

Within 30 days of the end of a fiscal quarter, the Council Auditor, with information provided by the District Council members, shall prepare a report of the expenditure activities and use of funds under this section during the immediately preceding quarter. This report shall be filed with the Chief of Legislative Services and provided to the Council as a Miscellaneous Communication at the next regular Council Meeting. A copy of the report shall be provided to the Council committees responsible for finance and audit.

(Ord. 1999-786-E, § 1.3(g); Ord. 2000-1065-E, § 1; Ord. 2000-1211-E, § 1; Ord. 2006-185-E, § 3; Ord. 2006-863-E, § 8)