ORDINANCE CITY OF NEW ORLEANS CITY HALL: July, 0 CALENDAR NO.,9 NO. MAYOR COUNCIL SERIES BY: COUNCILMEMBERS WILLIAMS, HEAD, GUIDRY, CANTRELL, RAMSEY, BROSSETT AND GRAY (BY REQUEST) AN ORDINANCE calling an election for November, 0, at which shall be submitted to the electors of the City of New Orleans a certain proposal to amend Articles III and VI of the Home Rule Charter of the City of New Orleans by amending Section - and Section -0 thereof to establish a Savings Fund as an operating fund of the City, to require that a percentage of the City s annual general fund be appropriated by the City Council and deposited into said Savings Fund and to provide that appropriations from said Savings Fund may only be made by the City Council upon a two-thirds vote of its membership and only when one or more of the following conditions have been met: ) a City Council declaration of emergency due to act of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property; ) a City Council determination that a significant loss in City revenues due to an economic downturn of serious proportions has occurred or is occurring; and/or ) a mandate by the United States Government that has been determined by the City Attorney to be in accordance with law; and otherwise to provide with respect thereto. SECTION. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That an election is hereby called, in conformity with Section 9-0 of the Home Rule Charter of the City of New Orleans and Article VI, Section of the Louisiana Constitution
9 0 of 9, at which election there shall be submitted to the qualified electors of the City of New Orleans, for their approval or rejection, a proposal to amend Articles III and VI of the Home Rule Charter of the City of New Orleans by amending Section - and Section -0 thereof to establish a Savings Fund as an operating fund of the City, to require that at least % of the City s annual general fund be appropriated by the City Council and deposited into said Savings Fund and to provide that appropriations from said Savings Fund may only be made by the City Council upon a two-thirds vote of its membership and only when one or more of the following conditions have been met: ) a City Council declaration of emergency due to act of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property; ) a City Council determination that a significant loss in City revenues due to an economic downturn of serious proportions has occurred or is occurring; and/or ) a mandate by the United States Government that has been determined by the City Attorney to be in accordance with law, all as set for in Section of this ordinance. SECTION. That said election shall be held on November, 0 between the hours of :00 a.m. and :00 p.m. under the General Election Laws of the State of Louisiana. SECTION. a) That the official ballot to be used at said election and inserted in all voting machines shall have printed thereon the following: City Charter Amendment To require establishment of a Savings Fund for the City and to allow appropriations from said fund to be made only under certain restrictive and limited conditions and circumstances. Shall Sections - and -0 of the Home Rule Charter of the City of New Orleans be amended to establish a Savings Fund as an operating fund of the City, to require that at least five percent (%) of the City s annual general fund be appropriated by the City Council and
9 0 9 deposited into said Savings Fund and to provide that appropriations from said Savings Fund may only be made by the City Council upon a two-thirds vote of its membership and only when one or more of the following conditions have been met: ) a City Council declaration of emergency due to act of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property; ) a City Council determination that a significant loss in City revenues due to an economic downturn of serious proportions has occurred or is occurring; and/or ) a mandate by the United States Government that has been determined by the City Attorney to be in accordance with law? SECTION. In the event the ballot proposition contained in Section hereinabove is approved by voters on November, 0, Sections - and -0 of the Home Rule Charter of the City of New Orleans as amended shall read as follow effective January, 0: ARTICLE III THE COUNCIL * * * * Section -. - Consideration and Adoption of the Annual Operating Budget Ordinance. () The Council, upon receipt of the operating budget, shall immediately publish a notice in the official journal, setting forth: 0 (a) (b) (c) A summary of the official forecast of the Revenue Estimating Conference, a summary of the proposed budget of revenues, and a summary of the estimated expenditures. The detail of recommended new sources of revenue or increased rates for existing taxes, licenses, fees, or other revenues. The availability of copies of the budget at the office of the Clerk of Council.
(d) The date, time, and place at which the Council will commence its public hearings upon the proposed budget, which shall not begin sooner than the fifth business day after the date of the publication of such notice. 9 0 9 0 () The Council, upon conclusion of the public hearings but not later than the first day of December, shall adopt the operating budget ordinance in the form submitted by the Mayor and in accordance with Section -0()(b) of this charter, but it may increase, decrease, or delete any item of appropriation recommended by the Mayor. Upon concurrence of two-thirds of its members, it may add new items of appropriation or subdivide items of appropriation, provided, however, that all appropriations for personal services shall be made only in lump sum amounts and not by specific positions or rates of pay, except as otherwise provided by applicable law. () Amendments to the annual operating budget ordinance shall be considered and approved by the Council under the same procedures prescribed for its original adoption, but no amendment shall increase the aggregate of authorized expenditures to an amount greater than the estimate of revenues for the year. No state law, executive order, rule, or regulation requiring increased expenditures for any purpose that requires approval of the City shall become effective until approved by an ordinance identifying the legislative appropriation, local revenue, or other specific source of funds from which such increased expenditures shall be paid and only after affording the Revenue Estimating Conference a period of seven days within which to review and comment on the proposed source of funds. Article VI FINANCIAL ADMINISTRATION PROCEDURES
9 0 * * * * CHAPTER FUND ADMINISTRATION Section -0. - Operating Funds. () Except as otherwise provided in this Chapter, all moneys of the City held by the Director of Finance or other officers for the purpose of defraying any operating expense shall constitute "operating funds." () The Director of Finance shall establish and maintain the following operating funds: 9 0 (a) (b) The General Fund. Except as otherwise provided by this Charter or applicable state law, all taxes, licenses, fees, and other receipts, revenues and income of the City shall be deposited daily to the credit of the "General Fund of the City of New Orleans". Savings Fund. Except as otherwise provided by this charter or applicable state law, at least % of the City s annual general fund shall be appropriated by the City Council and deposited into the Savings Fund of the City of New Orleans. Appropriations from the Savings Fund may only be made by the City Council upon an affirmative vote of two-thirds of all its members and only when one or more of the following conditions have been met: 9 0 (i) a declaration by the City Council by a two-thirds vote of all of its members of the existence of an emergency due to act of God, riot, war, or a grave emergency which threatens widespread loss of life or grievous injury to health or property;
(ii) (iii) a determination by the City Council by a two-thirds vote of all of its members that a significant loss in city revenues due to an economic downturn of serious proportions has occurred or is occurring; and/or a mandate by the United States Government that has been determined by the City Attorney to be in accordance with law. 9 (c) Other Operating Funds. The Council shall by ordinance establish such other operating funds as are required to comply with the provisions of any law, contract or donation under which the City receives moneys or to comply with generally accepted accounting principles. 0 9 0 () No moneys shall be disbursed from operating funds except in accordance with an appropriation made by the operating budget ordinance and allotments thereunder, the capital budget ordinance as provided for in this Charter, or applicable state and municipal law. No operating expense shall be paid from any fund other than an operating fund, except to the extent specifically authorized by ordinance to be paid from other funds. () The Council may authorize by ordinance the creation of petty cash accounts to permit payment for small purchases which are impractical to pay by check. No petty cash account shall be for a greater amount than is necessary to finance transactions for one month. Officers or employees having custody of petty cash accounts shall be bonded, shall use the funds only for public purposes, shall submit appropriate documentation for all expenditures, and shall comply with any requirements imposed by ordinance. SECTION. That all officials of the State of Louisiana and City of New Orleans who are charged with the execution of laws and the discharge of duties relative to said election are directed to perform the duties required of them by such laws with regard to said election.
9 0 9 0 SECTION. That the Council and other municipal and parochial officers shall by proper proceedings provide: a) for the taking of all necessary steps for the holding and conducting of said election; and b) for the supplying of voting machines and furnishing of the official absentee ballots, tally sheets, and other necessary election supplies; and c) for the selection and publishing of the location of the respective polling places; and d) for the issuance of any proclamation and the giving of all notices concerning said election as may be necessary; and e) for the taking of all proper and necessary steps to cause the election to be held, the votes compiled, and the results promulgated, as provided by existing laws and the Charter of the City of New Orleans. SECTION. That the Mayor of the City of New Orleans is hereby authorized and empowered to issue any proclamation and to give all notices concerning said election as may be necessary, and to take all steps necessary and proper to cause said election to be held as herein ordered. Notices of said election in substantially the form attached hereto as Appendix A and incorporated herein by reference as if the same were set forth herein in full, shall be published in the official journal of the City of New Orleans once a week for four consecutive weeks, with the first publication being not less than days, nor more than 90 days prior to the date of the election; said notice to state that the Council of the City of New Orleans shall in open session, at 0:00 a.m., in the Council Chamber at its next regular meeting on November 0, 0 following
receipt of the returns, proceed to examine and canvass the returns and declare the results of said election. SECTION. That the Clerk of Council shall promptly cause this ordinance, which is adopted pursuant to Section 9-0, et seq. of the Home Rule Charter of the City of New Orleans, to be published at length in the official journal of the City of New Orleans the number of times required by law and not less than sixty (0) days prior to said election. SECTION 9. That should more than one proposition be voted on at the same time, then in that event, this and all such other proposals shall be consecutively identified on the ballot so that each proposal may be separately voted on. SECTION 0. That immediately upon the completion of the canvass of the returns of the election at which the aforesaid proposition has been submitted to the duly qualified electors of the City of New Orleans, the Council of the City of New Orleans shall make an order declaring the result of the election upon the proposition and shall show the total number of votes cast upon the proposition and the number of votes cast respectively for and against the proposition. If a majority of votes cast are in favor of the proposition, the effectiveness of the amendments to the Home Rule Charter shall be January, 0. SECTION. That if the proposition is approved by a majority of the electors of the City voting thereon, the City Attorney is hereby authorized and directed to file authenticated copies thereof in the offices of the Recorder of Mortgages for the Parish of Orleans, the Secretary of State, and any other office required by law within thirty (0) days after said election. SECTION. That immediately upon this ordinance becoming law, the Council Clerk and the City Attorney shall forthwith transmit certified copies thereof to the Director of the Louisiana Bond Commission.
SECTION. That immediately upon this ordinance becoming law, the Clerk of Council be and she is hereby empowered, authorized and directed to forward certified copies of this ordinance to the Secretary of State, the Commissioner of Elections, the Clerk of Criminal Court and Ex-Officio Custodian of Voting Machines in and for the Parish of Orleans, Louisiana, the Clerk of Civil District Court for the Parish of Orleans, and Registrar of Voters in and for said parish, and such other officials as the Council may desire, as notification of the special election herein called in order that each may prepare for said election and perform respective functions as required by law. ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON APPROVED: DISAPPROVED: MAYOR RETURNED BY THE MAYOR ON AT CLERK OF COUNCIL ROLL CALL VOTE: YEAS: NAYS: ABSENT: RECUSED: 9
Appendix A Notice of Election City Hall New Orleans, Louisiana Pursuant to the provisions of Ordinance No. M.C.S. adopted by the Council of the City of New Orleans, Louisiana, the governing authority of the City of New Orleans, Louisiana ( the City ) on August 0, 0, NOTICE IS HEREBY GIVEN that a Special Election shall be held in the City of New Orleans on November, 0 between the hours of seven o clock (:00) A.M. and eight o clock (:00) P.M. and that at said election there will be submitted to all registered voters of the City qualified and entitled to vote at said election and under Constitution and laws of the State of Louisiana and the Constitution of the United States, the following proposition: PROPOSITION City Charter Amendment To require establishment of a Savings Fund for the City and to allow appropriations from said fund to be made only under certain restrictive and limited conditions and circumstances. Shall Sections - and -0 of the Home Rule Charter of the City of New Orleans be amended to establish a Savings Fund as an operating fund of the City, to require that at least five percent (%) of the City s annual general fund be appropriated by the City Council and deposited into said Savings Fund and to provide that appropriations from said Savings Fund may only be made by the City Council upon a two-thirds vote of its membership and only when one or more of the following conditions have been met: ) a City Council declaration of emergency due to act of God, riot, war, or a grave emergency which threatens widespread loss of life or
grievous injury to health or property; ) a City Council determination that a significant loss in City revenues due to an economic downturn of serious proportions has occurred or is occurring; and/or ) a mandate by the United States Government that has been determined by the City Attorney to be in accordance with law? The special election shall be held on the said date at each and every of the several polling places and precincts throughout the City of New Orleans as shall be designated by due authority and public notice thereof will be given. The special election will be held in accordance with the applicable provisions of the Louisiana Election Code (Title of Louisiana Revised Statutes) and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes thereof as may be selected and designated in compliance with Section of Title of the Louisiana Revised Statutes will make due returns thereof to the Council of the City of New Orleans, and notice is hereby given that the Council shall meet at 0:00 A.M. at its regular meeting of November 0, 0 in the Council Chamber of the City of New Orleans, 00 Perdido Street, New Orleans, Louisiana, following receipt of the returns, and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the special election. All registered voters in the City are entitled to vote at said special election and voting machines will be used thereat.