CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to financial management practices; amending Section 5.08.020 of the Seattle Municipal Code and repealing Section 5.08.025 and Chapter 5.33 of the Seattle Municipal Code.
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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 5.08.020 of the Seattle Municipal Code, last amended by Ordinance 123361, is amended as follows:
5.08.020 Transfer between ((operating)) budget control levels ((appropriations.))
A. ((Within the operating budget of the City, t))The City Budget Director may approve only transfers of appropriations that meet all of the following criteria:
1. The appropriation was made for the same department to which the City Budget Director allows the appropriation to be transferred. For purposes of this subsection 5.08.020.A.1, a board or commission whose budget is not provided within the budget of a City department shall be deemed a department.
2. The amount of the appropriation transferred, together with all previous transfers during the same budget year to that budget ((item)) control level, does not exceed ten percent of the original budgeted allowance for the budget ((item)) control level to which the transfer is made.
3. The transfer will not result in a cumulative annual net transfer of more than $500,000 of appropriation into the budget for any one budget ((item)) control level.
4. The amount of the appropriation transferred, together with all previous transfers during the same budget year from that budget ((item)) control level, does not exceed 25 percent of the original budget allowance for the budget ((item)) control level from which the transfer is made.
5. The new purpose of the appropriation must be a legal use of that fund source, must comply with terms, conditions, and restrictions controlling the expenditure of the appropriation so transferred, and must not infringe any covenants or any obligations, agreements, or ordinances by which the City received the moneys.
6. The ordinance making the appropriation did not state that transfer of the appropriation is prohibited.
B. For purposes of this ((section)) Section 5.08.020:
1. ((All appropriations for purposes not included in the Capital Improvement Program are considered part of the City’s operating budget;
2.)) The “original budgeted allowance” is that amount appearing besides that budget ((item)) control level in the adopted budget; and
((3))2. A ((“budget item”)) “budget control level” is the object or purpose shown for a distinct dollar appropriation appearing in the adopted budget or in an amendment thereto. A budget ((item)) control level is the level at which the budget appropriates money, subject only to transfers consistent with this ((chapter of the Seattle Municipal Code)) Chapter 5.08.
C. This Section 5.08.020 does not apply to the Office of Professional Accountability Budget Control Level. Funds may not be transferred into or out of the Office of Professional Accountability Budget Control Level without approval by ordinance.
Section 2. Section 5.08.025 of the Seattle Municipal Code, last amended by Ordinance 123361, is repealed:
((5.08.025 Transfer between capital budget appropriations.
A. The City Budget Director may approve the transfer of appropriations for purposes included in the Capital Improvement Program to other purposes included in the Capital Improvement Program only if those transfers meet all of the following criteria:
1. The appropriation was made for a budget item that is a project or program in the Capital Improvement Program of the same department to which the City Budget Director allows the appropriation to be transferred.
2. The amount of the appropriation transferred, together with all previous transfers during the same budget year to that budget item, does not exceed ten percent of the pending budgeted allowance for the budget item to which the transfer is made.
3. The transfer will not result in a cumulative annual net transfer of more than $500,000 of appropriations into the budget for any one budget item.
4. The amount of the appropriation transferred, together with all previous transfers during the same budget year from that budget item, does not exceed 25 percent of the pending budgeted allowance for the budget item from which the transfer is made.
5. The new purpose of the appropriation must be a legal use of that fund source, must comply with terms, conditions, and restrictions controlling the expenditure of the appropriation so transferred, and must not infringe any covenants or any obligations, agreements, or ordinances by which the City received the moneys.
6. The ordinance making the appropriation did not state that transfer of the appropriation is prohibited.
B. For purposes of this section:
1. The “pending budgeted allowance” is the sum of the current year’s original appropriation appearing beside that budget item in the adopted budget plus unexpended balances carried forward from prior years’ appropriations for that budget item; and
2. A “budget item” is a program or project within the Capital Improvement Program for which a distinct dollar appropriation appears in the adopted budget or in an amendment thereto. A budget item is the level at which the budget appropriates money, subject only to transfers consistent with this chapter of the Seattle Municipal Code.))
Section 3. Chapter 5.33 of the Seattle Municipal Code, last amended by Ordinance 124567, is repealed:
((Chapter 5.33 SMALL GRANTS
5.33.010 Definitions
1. Grant: For purposes of this Chapter, a grant means money that is conditionally provided to the City for a specific purpose, memorialized by a contract or other agreement between the grantor and the City.
2. Small Grant: For purposes of this Chapter, a small grant means an individual grant in an amount that does not exceed $15,000.
5.33.020 Small grants; acceptance
The City Auditor, the Director of Finance and Administrative Services, the Director of Planning and Development, the City Attorney, the General Manager and Chief Executive Officer of City Light, the Executive Director of the Employees' Retirement System, the Executive Director of the Ethics and Elections Commission, the Executive Secretary of the Firefighters' Pension System, the Administrative Director of the Legislative Department, the Mayor, the Presiding Judge of the Municipal Court, the Seattle Human Resources Director, the Executive Secretary of the Police Relief and Pension System, the Director of Transportation, the Fire Chief, the Director of the Human Services Department, the Chief Technology Officer, the Superintendent of Parks and Recreation, the Chief of Police, the Director of Seattle Center, the Seattle City Librarian, the Director of Seattle Public Utilities, the Director of the Department of Neighborhoods, the City Budget Director, and the directors of each of the offices other than commissions governed by Chapter 3.14, are authorized to accept small grants from non-City sources for purposes that are consistent with the function and authority conferred upon the agency of each such respective officer, and to execute, deliver, and perform corresponding agreements.
5.33.030 Certain conditions not allowed
The authority granted in Section 5.33.020 shall not apply to a grant the acceptance of which is conditioned upon the City's commitment to provide matching funds, or to expend additional City resources.
5.33.040 Report
The Director of Finance and Administrative Services shall transmit a written report by December 31st of each year to the Chair of the City Council Finance and Budget Committee, which shall list all grants received under the authority granted in Section 5.33.020 and include for each grant the name of the grantor, the exact dollar amount of the grant, the receiving department, the fund or funds that the grant dollars were deposited into, and a brief description of the purpose of the grant.
5.33.050 Expenditures
For each grant accepted pursuant to this Chapter 5.33, each of the officers identified in SMC 5.33.020 is authorized to direct expenditures of the funds obtained in accordance with the terms of the applicable grant.))
Section 4. This ordinance shall take effect on January 1, 2016.
Passed by the City Council the ____ day of ________________________, 2015, and
signed by me in open session in authentication of its passage this
_____ day of ___________________, 2015.
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President __________of the City Council
Approved by me this ____ day of _____________________, 2015.
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Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2015.
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Monica Martinez Simmons, City Clerk
(Seal)