[Ord. No. 15.96 §1, 12-17-2015[1]]
The following words, terms and phrases, when used in Chapter 135, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
The following positions are deemed the Appointed Officials:
City Administrator, City Clerk, Police Chief, Building Official, City
Planner, Public Works Director, City Engineer, City Treasurer, and
City Attorney.
[Ord. No. 21.34, 7-1-2021; Ord.
No. 23.73, 10-5-2023]
A list maintained by the office of the City Clerk used to
identify potential suppliers of materials and services. The bidders
list contains business firms that have advised and supplied appropriate
contact information to the office of the City Clerk in order to be
notified of City bidding opportunities on particular items, services,
and/or projects.
The City of Osage Beach, Missouri.
Supplies, materials, or other goods that have value to the
City that are used or consumed by the City in its operations; for
example, office supplies, repair parts, tools, chemicals, uniforms,
etc.
Information not available to the public. Information made
available to an employee only due to the relative position or rank
within employment at the City.
Labor and/or services performed for the City by persons not
employed by the City, and may include the use of equipment, furnishing
of commodities, or other items under a formal or legally binding agreement.
Full-time employee designated with broad areas of responsibility
within the City. The following positions for the purposes of this
Chapter are deemed the Department Managers: the Appointed Officials,
as defined in this Chapter, Assistant City Administrator, Human Resources
Generalist, Airport Manager, IT Manager, Public Works Operations Manager,
and the Parks and Recreation Manager.
[Ord. No. 21.34, 7-1-2021]
Personal property of durable nature; for example, office
furniture, vehicles, etc.
Includes documents with specifications utilized for soliciting
competitive bids to be submitted in sealed envelopes to the office
of the City Clerk or other designated official for the purchase of
commodities or other items that have value to the City for the City's
use.
The following positions shall be deemed the Management Team:
the Appointed Officials, as defined within this chapter, Assistant
City Administrator, Human Resources Generalist, Airport Manager, IT
Manager, Public Works Operations Manager, and the Parks and Recreation
Manager.
[Ord. No. 21.34, 7-1-2021]
Revenue appropriations not considered operationally reoccurring
from year to year. This includes, but is not limited to, grants and
other reimbursements from outside sources.
[Ord. No. 21.34, 7-1-2021]
The process and the function of purchasing, renting, or otherwise
obtaining City commodities, services, equipment, or construction on
behalf of the City.
Services within the scope of practice of architecture, engineering,
or those performed by an architect, professional engineer, registered
land surveyor, or other professional service allowed per State statute
in connection with this professional practice.
Shall be the City Administrator or his/her designee.
Includes documents utilized for obtaining proposals for professional
and other contractual services which are evaluated against predetermined
criteria and other competing proposals with the possibility of negotiation
post-bid opening.
Includes documents utilized for obtaining proposals for architectural,
engineering, and land surveying services which are evaluated against
predetermined criteria and other competing proposals with the possibility
of negotiation post-bid opening. Price shall not be a predetermined
criteria per Sections 8.285 to 8.291, RSMo.
A person or entity who has the capability in all respects
to fully perform the contract requirements, and possesses the experience,
integrity, reliability, capacity, facilities, equipment, and credit
necessary to assure good faith performance.
A person or entity who has submitted a bid or offer which
conforms in all material respects to the requirements set forth in
the IFB (Invitation for Bid) or RFP (Request for Proposal).
A person who has been designated as a supervisor within a
specific department and has the authority and responsibility for overseeing,
scheduling, and performance of other employees as outlined in the
City's Organizational Chart.
[Ord. No. 21.34, 7-1-2021]
Tangible City property that has been deemed by the Board
of Aldermen obsolete, scrap, or surplus as to the needs of said department,
Board, or agency of the City.
Refers to the department assigned to or responsible for a
commodity or service.
A supplier of commodities, services and/or equipment.
[1]
Editor’s Note: Former Chapter 135, Finance and Purchasing, comprised of Sections 135.010 through 135.240, which derived from Code 1975 §§22.010, 24.095; CC 1985 §§2-301 – 2-302, 2-326 – 2-338; RO 2006 135.010 – 135.240; Ord. No. 90.12 §1, 5-17- 1990; Ord. No. 91.33 §§1 – 3, 12-5-1991; Ord. No. 96.38 §§1 – 2, 9-19-1996; Ord. No. 00.06 §§1 – 9, 2-3-2000; Ord. No. 05.17 §§1 – 2, 4-7-2005; Ord. No. 06.56 §1, 12-21- 2006; Ord. No. 11.55 §1, 11-3-2011, was repealed 12-17-2015 by §1 of Ord. No. 15.96.
[Ord. No. 15.96 §1, 12-17-2015]
A.
Administration.
1.
The City Administrator or his/her designee shall be the Budget
Officer of the City.
2.
Fiscal year. The fiscal year of the City shall
begin on January 1 and end on December 31.
3.
Financial reporting.
a.
The City Administrator or his/her designee shall make monthly
and annual reports to the Mayor and Board of Aldermen showing the
financial condition of the City in relation to the budget.
b.
Annually, the City Administrator or his/her designee shall prepare
a financial report covering all funds and operations, published for
the public, and presented to the Mayor and Board of Aldermen.
4.
Audit. All funds, accounts, and financial transactions
of the City shall be subject to an independent audit on an annual
basis by a certified public accountant selected by the Mayor and Board
of Aldermen. Audits shall comply with all applicable State law.
B.
Budget.
1.
Preparation and proposed budget.
a.
An annual budget shall be prepared by the City Administrator
or his/her designee for each fiscal year and shall represent a complete
financial plan for the City.
b.
A proposed budget shall be sent to the Mayor and Board of Aldermen
for review before the required date of adoption and shall be made
available for public inspection during regular office hours in the
office of the City Clerk.
c.
All appropriations not expended at the fiscal year end shall
become part of the beginning fund balances for the next fiscal year
and may be appropriated for that fiscal year or future years.
d.
All funds within the budget shall be balanced. Anticipated revenues,
including unexpended balances from prior years, shall not be less
than anticipated expenditures.
2.
Adoption. The Mayor and Board of Aldermen shall
adopt the annual budget prior to the first day of the fiscal year.
A public hearing shall precede the adoption of the budget.
3.
Budget modification. No expenditure within
any fund shall be made unless appropriations have been made to meet
that expenditure within the adopted budget.
[Ord. No. 21.34, 7-1-2021]
a.
Transfers.
(1)
Personnel, And Operations & Maintenance Accounts.
(a)
A department manager may request in writing to
the City Administrator a transfer of personnel, and operations &
maintenance account expenditure appropriations of an amount equal
to or less than five thousand dollars ($5,000.00) from one (1) or
more account line items for use in other personnel, and operations
& maintenance account expenditures within the same fund.
(b)
Transfer requests equal to or greater than five
thousand one dollars ($5,001.00) shall be approved by the Board of
Aldermen in the form of an amendment to the budget ordinance.
(2)
Capital Accounts.
(a)
A department manager may request in writing to
the City Administrator a transfer of capital account expenditure appropriations
of an amount less than ten percent (10%) from one (1) or more account
line items for use in other capital account expenditures within the
same fund.
(b)
Transfer requests equal to or greater than ten
percent (10%) shall be approved by the Board of Aldermen in the form
of an amendment to the budget ordinance.
(3)
When reasonably possible, transfer requests should
be completed prior to purchase.
(4)
Transfers may not increase total fund expenditure
appropriations.
b.
Budget Amendments.
(1)
Personnel, And Operations & Maintenance Accounts.
(a)
Increases in expenditure appropriations for personnel,
and operations & maintenance account line items equal to or greater
than five thousand one dollars ($5,001.00) shall be approved by the
Board of Aldermen in the form of an amendment to the budget ordinance.
(b)
The City Administrator may approve increases in
expenditure appropriations for personnel, and operations & maintenance
account line items that are equal to or less than five thousand dollars
($5,000.00).
(2)
Capital Accounts.
(a)
Increases in expenditure appropriations from any
capital account line items when the increase is both less than or
equal to ten percent (10%) and less than or equal to five thousand
dollars ($5,000.00) may be approved by the City Administrator.
(b)
All other increases in capital account line items
shall be approved by the Board of Aldermen in the form of an amendment
to the budget ordinance.
(3)
If total fiscal year expenditures in any fund are
over budget, a budget amendment shall be brought before the Board
of Aldermen for approval before the close of the fiscal year.
(4)
Increases or decreases in one-time or non-reoccurring
revenue appropriations within a budgeted fund that are equal to or
greater than five thousand one dollars ($5,001.00) shall be approved
by the Board of Aldermen in the form of an amendment to the budget
ordinance.
(5)
When reasonably possible, budget amendment requests
should be completed prior to purchase.
C.
Reserves.
[Ord. No. 16.85 §1, 12-15-2016]
1.
Reserves established. The City shall establish
and maintain fund reserves for the General Fund, Transportation Fund,
Water Fund, Sewer Fund, Lee C Fine Fund, and the Grand Glaize Fund.
Refer to the Osage Beach Reserve Policy as adopted by the Board of
Aldermen on December 1, 2016, Exhibit A to this ordinance and held
on file in the City offices.
2.
Target reserve levels. Target levels as described
below shall be established and maintained by fund and detailed within
the annual adopted budget.
a.
The target level for the Governmental Fund Reserves, the General
Fund and the Transportation Fund, shall be twenty-five percent (25%)
of the most recent 3-year average of personnel and operation and maintenance
expenditures plus an annual contribution for the Capital Reserve based
on a Capital Plan Schedule. The twenty-five percent (25%) reserves
shall consist of an Emergency Reserve set at fifteen percent (15%)
and a Stability Reserve set at ten percent (10%).
b.
The target level of the Water Fund and the Sewer Fund shall
be sixteen percent (16%) of the most recent 3-year average of personnel
and operation and maintenance expenditures plus an annual contribution
for the Capital Reserve based on a Capital Plan Schedule. The sixteen
percent (16%) reserves shall consist of an Operating Reserve.
c.
The target level of the Lee C Fine Airport Fund and the Grand
Glaize Airport Fund shall be eight percent (8%) of the most recent
3-year average of personnel and operation and maintenance expenditures
plus an annual contribution for the Capital Reserve based on a Capital
Plan Schedule. The eight percent (8%) reserves shall consist of an
Operating Reserve.
3.
Accountability. It shall be the responsibility
of the City Administrator, or his or her designee, to maintain and
account for the fund reserves established under this Section.
D.
Reserves.
[Ord. No. 19.87, 12-19-2019]
1.
Investment Policy Established. The City shall establish an investment
policy defining procedures and practices in which City funds are to
be managed ensuring investment activities meet the legalities and
effectiveness of fiscal management. This policy shall apply to the
investment of all operating and reserve funds of the City of Osage
Beach.
[Ord. No. 19.57, 9-19-2019]
A.
In recognition of the fact that in certain limited cases the existing
economic development tools are insufficient or inapplicable to the
proposed project, the Board of Aldermen acting under the strict terms
of this Section may by contract with a developer enter into an agreement
to reimburse certain fees as set forth in this Section.
B.
The Mayor or the City Administrator may, where either or both believe
it to be in the best interests of the City, make a written recommendation
to the Board of Aldermen, that the use of this economic development
fee reimbursement program is necessary to support either:
1.
A tourism-related economic development project; or
2.
A new residential project consisting of:
a.
At least twenty (20) new single-family residences priced for
sale at two hundred thousand dollars ($200,000.00) or less or, if
held as rental property, a monthly rent of one thousand fifty dollars
($1,050.00) or less exclusive of utilities. The benefit of any fee
reimbursement for this category shall not apply until at least twenty-five
percent (25%) of such units have been completed and offered for sale;
or
b.
A single project of at least forty (40) multifamily units each
priced under one hundred seventy-five thousand dollars ($175,000.00)
or, if held as rental property, a monthly rent of nine hundred dollars
($900.00) or less exclusive of utilities. The benefit of any fee reimbursement
for this category shall not apply until at least twenty-five percent
(25%) of such units have been completed and offered for sale.
C.
Once the minimum number of units necessary to qualify for the fee
reimbursement issued pursuant to this Section shall have been completed
and offered for sale, the City Administrator may, if the contract
with the developer so provides, adjust any future fees due on the
project to retroactively apply the fee reimbursement to all the units
constructed, as set out in the schedule of fees imposed included in
the ordinance under which the Board of Aldermen approved reimbursements
pursuant to this Section for the project.
E.
Any fee reimbursement granted under this Section shall apply only
to units built within five (5) years of the Board's approval of the
reimbursement. The Board may extend the reimbursement one time for
an additional five (5) years where it finds such extension to be in
the best interest of the City.
F.
If any property is sold, or offered for sale, for more than the amount
agreed in the schedule of prices adopted by the Board of Aldermen
and the developer, the certificate of occupancy shall stand revoked
until the waived fees are paid in full.
G.
If any property is rented/leased, or offered for rent/lease, for
more than the amount agreed in the schedule of prices adopted by the
Board of Aldermen and the developer, the certificate of occupancy
shall stand revoked until the waived fees are paid in full.
H.
The recommendation required in Subsection (B) above shall state in detail:
1.
Project name and location.
2.
Nature of the project, including the size and number of bedrooms
and bathrooms for each dwelling unit in the project.
3.
Owner or sponsor of the project.
4.
A schedule of the fees by category, percentage and anticipated
dollar amount to be paid and the amount eligible for reimbursement.
5.
Certify that the proposed fee reimbursement does not adversely
impact any ongoing City operations or City debt obligations.
6.
Provide a budget for the project demonstrating the fee reimbursement(s)
requested are necessary for the project to proceed.
7.
A written schedule of the dates and amounts of the fees to be
reimbursed on a building-by-building or unit-by-unit basis.
8.
In the event the properties are intended as rental units, the
recommendation shall specify the duration of the rent limitations
contained herein for a period not to exceed fifteen (15) years.
9.
The City will give favorable consideration and projects are
encouraged to request reimbursement of no more than fifty percent
(50%) of the eligible fees under this Section.
10.
The City will evaluate each reimbursement request made under
this Section by comparing the sale or rental price of each unit against
the requested fee reimbursement.
11.
Fee reimbursements will be distributed as per the contract between
the developer, applicant and the City.
12.
Upon receipt of the written recommendation of the Mayor or the City Administrator as described in Subsection (B) above, the Board of Aldermen may, acting by duly adopted ordinance, direct the City Administrator grant reimbursement pursuant to either one-fourth (1/4), one-half (1/2) or three-fourths (3/4) of any or all of the following fees:
I.
The base price for single-family residence or multifamily units as referenced in Subsection (B)(2) above, shall be adjusted, upwards only, effective on January 1 each year in accordance with the percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U); US City Average; for all items, not seasonally adjusted, the year 2019 equals 100 as the reference base (the "Index"), as published by the United States Department of Labor, Bureau of Labor Statistics. Should the Bureau of Labor Statistics discontinue the publication of the Index, or publish the same less frequently, the City may adopt a substitute index or procedure that reasonably reflects and monitors consumer prices.
