City Council

CLARKSVILLE CITY COUNCIL SPECIAL SESSION JUNE 21, 2018, 4:30 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) CALL TO ORDER 2) PRAYER​: Councilman David Allen PLEDGE OF ALLEGIANCE: ​Mayor Pro Tem Valerie Guzman 3) ATTENDANCE 4) PURCHASING CODE AMENDMENT 1. ORDINANCE 80-2017-18 ​(First Reading) Amending the Official Code relative to purchasing 5) FY19 BUDGETS: SECOND READING 1. ORDINANCE 73-2017-18 Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Department of Electricity 2. ORDINANCE 74-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Gas & Water Department 3. ORDINANCE 75-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Housing & Community Development 4. ORDINANCE 76-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Internal Service Fund 5. ORDINANCE 77-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Parking Commission 6. ORDINANCE 78-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for Clarksville Transit System 7. ORDINANCE 79-2017-18 ​Amending the FY18 Budget and establishing the FY19 Budget for City of Clarksville General fund 6) ADJOURNMENT  ORDINANCE 80‐2017‐18 AN ORDINANCE AMENDING THE OFFICIAL CODE PERTAINING TO PURCHASING AND COMPETITIVE BIDDING WHEREAS, pursuant to Tennessee Code Annotated §6‐56‐302, the City is authorized to establish, by ordinance, purchasing, contracting, and competitive bidding and public advertisement legal requirements; and WHEREAS, the City has previously enacted a purchasing ordinance, codified at Section 6‐ 102 of the City Code, pertaining to legal requirements for purchasing, contracting, competitive bidding and public advertisement, and the securing and opening of bids; and WHEREAS, the City Council finds that the best interests of the City and its residents will be served by amending said code section to account for inflation, changes in the law, and to more clearly and accurately state the legal requirements by which the City shall conduct activities and operations pertaining to purchasing, contracting, competitive bidding and public advertisement, and the securing and opening of bids. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That the Official Code of the City of Clarksville, Title 6 (Finance and Taxation), Chapter 1 (Miscellaneous), Section 6‐102 (Purchasing), is hereby amended by deleting same in its entirety, and substituting therefore the following as a new Section 6‐102: Sec. 6‐102. ‐ Purchasing. (a) Purchases of $10,000.00 $25,000.00 or more. All purchases, leases, and lease‐purchases of ten twenty‐five thousand dollars ($10,000.00) ($25,000.00) or more, purchased either singly or in the aggregate, for like items purchased in lots of two (2) or more, shall be formally competively bid or sealed proposals solicited, prior to the purchase. Purchases of like items shall be aggregated for purposes of the bid threshold. All such purchases competitively bid shall be awarded to the lowest and best bidder unless otherwise provided for within the provisions of this chapter herein. All purchases of more than fourteen thousand dollars ($14,000.00) invitations to bid or requests for proposals in an amount of twenty‐five thousand dollars ($25,000.00) or more shall be publicly advertised no less than five days prior to the bid or proposal opening. "Publicly advertised" or "public advertising" shall mean every kind the following methods of conveyance to the public the of notice of the city's intention to purchase, whether conveyance of intention is by word of mouth,: newspaper advertising, or magazine advertisement, handbill, written notice, printed notice, printed display, billboard display, poster, radio announcement, internet or website listing, email, or letter notice sent to interested or potentially interested parties, contractors, vendors, bidders and proposers by United States mail or commercial carrier and, any and all means including oral, written or printed notice of intent to purchase. All such awarded bids or proposals shall be reported to the Finance and Administration Committee of the City Council. The Purchasing agent Director, or his/her authorized designee, prior to purchase, shall approve all such purchases to be awarded pursuant to this subsection. All specifications drafted shall provide for the competitive procurement of goods and services, except as may otherwise be provided herein. All bids and proposals solicited submitted in accordance with this sub‐section under this paragraph must shall be sealed. Bids and proposal submittals received after the stated opening time shall be returned to the bidder or proposer. If the state raises the bid limits to a greater amount, the bid limits will be adjusted to reflect the changes in the state law. (b) Purchases of $5,000.00 $3,000.00 to $9,999.00 $24,999.99. All purchases of five thousand dollars ($5,000.00) three thousand dollars ($3,000.00), but less than ten twenty‐five thousand dollars ($10,000.00) ($25,000.00) purchased either singly or in the aggregate, for like items purchased in lots of two (2) or more, shall require the solicitation of two (2) three (3) or more competitive bids or (written quotes) prior to purchase, except in instances where three (3) bids (written quotes) cannot be obtained due to lack of availability of providers / suppliers for the items to be acquired, but need not be publicly advertised. Purchases of like items shall be aggregated for purposes of the quote threshold. All such purchases for which bids or (written quotes) are received shall be awarded to the lowest and best bidder unless otherwise provided for within the provisions of this section herein. The Purchases to be awarded pursuant to this subsection may be approved at the department level if all supporting documentation is provided. This Such documentation (bid / quote) may be in the form of a by letter, or fax, or email, or other written or printed document, stating: (1) The vendor’s / contractor’s / company's name, address, phone number; (2) The person's name and title or position giving the quote and the authorized signature; (3) The price, including delivery; and (4) The A complete description of the product or service provided. (c) Purchases of less than $5,000.00. Competitive bids, proposals, or quotations for all purchases of less than five thousand dollars ($5,000.00) is encouraged. (d) Records retention. All formal competitive bids or proposals of ten twenty‐five thousand dollars ($10,000.00) ($25,000.00) or more received shall be recorded and maintained for a minimum of seven (7) years after the fiscal year in which the purchase occurred, or as may be otherwise required pursuant to the City Records Retention Policy / Ordinance, or state law of general application. The Purchasing agent Director of the proprietary funds shall be the custodian for all bids, proposals, and quotes. Copies of all bids, proposals, and quotes over five thousand dollars ($5,000.00) three thousand dollars ($3,000.00) shall be provided to the Purchasing agent Director. (e) Funding. All purchases, leases and lease purchases shall be made within the limits of the then current approved budget, from appropriated funds or approved by the City Council. (f) Reserved. (g) Exemption from competitive procurement process. The following purchases, leases and lease purchases shall be exempt from the foregoing competitive procurement process and shall be approved by the purchasing agent or his/her designee unless otherwise stated. The Purchasing Director, or his/her authorized designee, prior to purchase, shall approve all such purchases to be awarded pursuant to any of the exceptions in this subsection, except as may otherwise be provided herein pertaining to emergency purchases. (1) Sole source. Sole source of supply, or proprietary products, as determined after a thorough search for suppliers for the goods or services by the director / department or program head concerned, under the direction and with the aid of and in consultation with the Purchasing agent Director. (2) Emergency purchases. Emergency purchases with the subsequent approval of by one of the following: (1) the Purchasing agent Director, or (2) the Mayor. All such emergency purchases shall be reported in writing to the Finance and Administration Committee at their next regularly scheduled meeting. If the financial resources of the City, or its’ physical plant, or the public welfare of the City's citizens, is jeopardized by the continued existence of the emergency and the continued delay in obtaining the appropriate approval, the program supervisor or director / department head involved in the emergency may complete the emergency purchase prior to reporting the purchase to, and obtaining the approval of, the Purchasing agent Director or Mayor. A written report must be filed with the Purchasing agent Director within three (3) workdays after the emergency purchase detailing the emergency and explaining why the normal competitive purchasing procedures could not be followed. Any employee, supervisor, department head, or official abusing the emergency procedures of this section shall be subject to disciplinary action, to include termination. (3) Purchases from government instrumentalities. Purchases from instrumentalities created by two (2) or more cooperating governments. (4) Purchases from nonprofit corporations. Purchases from nonprofit corporations for a whose purpose, or one of whose purposes, of which is to provide goods or services specifically to municipalities. (5) Reserved. Purchases of real property. Except as provided for in subsection d, below, all recommendations to purchase property must first come before the finance and administration committee with a written justification for the property's acquisition. The finance and administration committee may authorize an appraisal from a state‐certified appraiser. No appraisals greater than one year old will be considered. If the finance and administration committee decides there is a need to purchase real property, the following procedures will be followed: a. The appraised price, closing costs, and any additional costs deemed necessary to avoid the necessity of condemnation proceedings will be reported to the city council, which may authorize an offer in an amount not to exceed the reported amount if it is determined that there is a need to purchase the property. b. A written offer will then be submitted to the owner. c. If a price is not accepted the city council may authorize to begin condemnation procedures. d. The acquisition of utility easements or rights‐of‐way shall be accomplished in accordance with policies and procedures adopted by a department and approved by the appropriate council committee. If negotiations are unsuccessful, the provisions of subsections a. through c. shall apply. e. The requirements of this subsection may be suspended, and the city council may authorize the purchase of real property in excess of the amount reported pursuant to paragraph (a) above, upon the finding of public necessity, and two‐thirds (2/3) affirmative vote of the city council to take such action. (6) Purchases from governmental agencies. Purchases, leases, and lease‐purchases from any federal, state, or local governmental unit or agency, or new or secondhand articles of equipment or other materials, supplies, and commodities. (7) Purchases from other governmental units. Purchases through other units of governments as authorized by the Municipal Purchasing Law of 1983 and as subsequently amended. (8) Tennessee State Industries. Purchases from Tennessee State Industries shall be exempt. (9) Professional services. Purchases and contracts for legal services, fiscal agent, financial advisor or advisory services, accounting services, educational consultant training services, architects, engineers, surveyors, property appraisers, construction contract management services, property and liability insurance advisor services, medical or health insurance advisor services, or retirement / pension, or other employee benefit advisor services, information management services, and similar services by licensed or professional persons or groups of high ethical standards shall be made pursuant to the  provisions of T.C.A. § 12‐4‐106 and state law of general application, to include Tennessee Code Annotated (TCA) § 12‐3‐1209, and §12‐4‐107, as may be amended. (10) Liens. The payoff of liens/purchase of confiscated vehicles when the market value exceeds the payoff of the lien or purchase price of the confiscated vehicles. The City Chief of Police shall obtain from the garage supervisor/City Fleet Manager a written estimate of the vehicle's value, which shall include the mileage and a description of the vehicle's condition and, if possible, one additional estimate from an auto dealership not involved in the transaction. The purchase or payoff of a lien shall be approved by the Purchasing agent Director upon the recommendation of the Chief of Police if the payoff is less than the value of the vehicle as determined by the garage supervisor/Fleet Manager. (11) Repairs. For repair services or parts of for damaged, inoperable, or less than fully operable equipment, when two (2) three (3) or more written proposals or quotes (estimates) are provided shall be required. If the actual cost of the repairs exceeds the lowest proposal or quote (estimate) due to unanticipated repairs that could not have been reasonably foreseen, the additional cost above the proposal or quote (estimate) shall be approved on an emergency purchase basis. (12) Fuels. The purchase of fuels, fuel products, or perishable commodities. (13) Resale items. The purchase of items by the golf course and the Parks and Recreation Department (to include municipal golf courses) purchased for resale to recover all or a portion of the items' cost the public. (14) Used or secondhand equipment articles. Purchases of used or secondhand equipment where no competition exists shall be in accordance with state law of general application, to include TCA § 12‐3‐1202 as may be amended. (15) Change orders. Change orders to existing construction or improvement contracts within established budgetary limits. (h) Reserved. (i) Disposal of City surplus personal property. With the approval of the finance and administration committee and the mayor, The Purchasing agent Director, or his/her designee, shall be authorized to dispose of and/or transfer title to City surplus personal property for the proper conduct of the City's business in a manner which they have determined by them to be in the best interest of the City, and shall report same to the Finance and Administration Committee. (j) Disposal of City surplus real property. The Purchasing agent Director, or his/her designee, or a designee of the city council with such assistance as may be required from the City Attorney, or his / her designee, upon resolution approved by a majority of the full membership of the City Council, and upon such terms as the City Council may determine to be in the best interest of the City, shall be authorized to dispose of and transfer all surplus real property, and together with all improvements to real property thereon, at public auction, and or as otherwise directed by the City Council. Negotiated sales shall be approved by the affirmative vote of the city council. (k) Authority of Purchasing agent Director. The Purchasing agent Director, or his/her designee, is authorized to adopt, implement, and enforce all purchasing policies, regulations, and procedures necessary to implement the provisions of this section. (l) Violations of purchasing policies. Any employee, supervisor, department head, or appointed official that willfully violates or causes another person to willfully violate the provisions of these bidding and purchasing policies herein are subject to disciplinary action. (m) Construction projects. City construction or renovation projects of twenty‐five thousand dollars ($25,000.00) or more must shall comply with state law of general application, to include the provisions of the Tennessee Code Annotated T.C.A. § 62‐2‐107 as may be amended. and have a project manager assigned to the project to assist in the design, contracting, and oversight during the construction or renovation phase of the project. The project manager shall be a licensed engineer and/or architect. The provisions of this section shall not preclude the project manager from participating in the design phase and in planning, contracting, and procuring materials and labor to complete the project during the construction phase of the project. The appointment of the project manager shall fall within the professional services provisions of this section. Nothing in this section shall prevent a licensed architect or engineer in the employ of the city from acting in the capacity of a project manager. The finance and administration committee may waive the appointment of a project manager for a specific project. (n) Reserved Authority of proprietary fund chief financial officers. The chief financial officers of the proprietary funds shall have the authority to act for the commissioner of finance and revenue in all matters relating to purchasing by the proprietary funds under their control, as may be required and/or provided for within the provisions of this section. (o) Notwithstanding the provisions of subsections (f) and (g), the Clarksville Transit System shall adhere to the Federal Transit Administration’s Circular 4220.1 all Federal Transportation Administration and otherwise applicable federal procurement laws and regulations regarding procurement of goods and services. (p) The city’s complete purchasing policy is found in Appendix F of the City Code. All City officials, employees, and / or agents, and City contractors, vendors and suppliers of goods and services, shall comply with state and federal law of general application as may be applicable to  the City pertaining to procurement and / or public contracting, to include, but not limited to, conflicts of interest (TCA §6‐54‐107 as may be amended), the City ethics code, and employment of illegal aliens (TCA §12‐4‐124 as may be amended). (q) The provisions of the Section are intended to comply with the provisions of TCA §6‐56‐302 authorizing the City to enact an ordinance pertaining to competitive bidding and public advertising, and exempting the City from application of the Municipal Purchasing Law of 1983. (2) That the Official Code of the City of Clarksville, Title 6 (Finance and Taxation), Chapter 1 (Miscellaneous), is hereby amended by adding a new Section 6‐106 (Purchase or acquisition of real property) as set forth below: Section 6‐106. Purchase or acquisition of real property. (a) The following procedures shall apply to the purchase or acquisition of real property, or any right or interest in real property, by the City. (b) The Mayor, any City Council member, or any interested City director / department head, may initiate a request for the City to purchase or acquire real property, or any right or interest in real property, for any municipal purpose, by submitting a request in writing, for consideration of same, first to the Finance and Administration Committee (F&A Committee) of the City Council, through the City Clerk. The written request shall contain, as a minimum, at least the following information: (1) A legal description of the real property to be acquired, at least by reference to a tax map and parcel number, or to a recorded deed by book and page number, and the acreage amount; and (2) A listing of the current owner or owners of the property or properties requested to be purchased or acquired by the City; and (3) A justification, reason, or statement of municipal purpose, regarding the need for the City to purchase or acquire the property or properties; and (4) If only a portion of the property or properties is requested to be purchased or acquired, the written request shall also describe what portion or portions is sought to be acquired, at least in general terms and providing an approximate or estimated amount of acreage involved; and (5) A proposed purchase price for the property or properties, or portion of property, or portions of properties, requested to be purchased or acquired, and attaching to the request, for any property whose reported value is TEN THOUSAND DOLLARS ($10,000.00) or greater, an appraisal for same, issued by a state certified property appraiser, and dated within one year from the date the written request is submitted to the City Clerk. (c) Upon receipt of the written request by the City Clerk, the City Clerk shall place the request upon the agenda for the next regularly scheduled or special called meeting of the F&A Committee, for which public notice has not yet been issued. If public notice of the agenda for the F&A Committee has already been issued for the next regularly scheduled or special called meeting of the F&A Committee, then the City Clerk shall cause the written request to be placed on the agenda for the following regularly scheduled or special called meeting of the F&A Committee for which public notice has not yet been issued. The agenda item pertaining to the written request shall be in the form of an ordinance, approved as to form by the City Attorney. The written request with all the required information set forth above, shall be included with the public notice and shall be attached to the proposed ordinance. (d) At the next regularly scheduled or special called meeting of the F&A Committee, for which there has been public notice, containing the agenda item pertaining to the written request / ordinance for the proposed real property purchase or acquisition, the F&A Committee shall consider the written request / ordinance, and shall vote to recommend approval or disapproval of the purchase or acquisition. (e) Thereafter, the City Clerk shall cause the written request / ordinance to be placed on the agenda for the next executive session and regularly scheduled session of the City Council, or upon any lawfully called special session, and shall note on the agenda the recommendation of the F&A Committee. At such regularly scheduled or lawfully called special session, for which there has been public notice, containing the agenda item pertaining to the written request / ordinance for the proposed real property purchase or acquisition, the City Council shall vote to approve or disapprove the written request / ordinance pertaining to the requested purchase or acquisition. A majority vote of the full membership of the City Council shall decide the question, and the City Council may amend the ordinance in the same manner as prescribed by the City Code for other ordinances, except that any approval for the purchase of real property for an amount in excess of the appraised amount (plus an additional amount, not to exceed FIVE THOUSAND DOLLARS ($5,000.00) to account for closing costs, and / or expert witness fees should condemnation become necessary), shall require a two‐thirds majority vote of the entire membership of the City Council. (f) If the City Council votes to approve the purchase or acquisition of the property or properties, or portion or portions thereof, then the Mayor or his / her designee, or the City Attorney, or the involved director / department head in consultation with the City Attorney, shall be authorized to make a written offer to the owner or owners to purchase such real property, for the amount approved by the City Council, and upon such other terms and conditions as the City Council may specify in the ordinance. (g) The City Council may also, as part of the original ordinance, authorize the Mayor or his / her designee, or the City Attorney, or the involved director / department head in consultation with the City Attorney, to negotiate a purchase price with the owner or owners, should the owner or owners not accept the City’s original written offer to purchase the subject property or properties, or portion or portions thereof, but any such negotiations resulting in a proposed purchase price for any amount in excess of the amount approved by the City Council, shall first be re‐submitted to the City Council for a vote of approval or disapproval. (h) The City Council may also, as part of the original ordinance, or through a separate ordinance, authorize the City Attorney to file and pursue a condemnation lawsuit to acquire the subject property or properties, or portion or portions thereof, should the owner or owners not accept the City’s offer to purchase the subject property or properties, or portion or portions thereof. (i) Notwithstanding the forgoing, utility and drainage easements, and / or rights‐of‐way, to include but not limited to temporary construction easements and slope easements, in an amount of TEN THOUSAND DOLLARS ($10,000.00) or less per parcel or tract, or per project, may be negotiated and purchased by the City, by and through the interested or affected department with the owner or owners of affected property or properties, by the director / department head, or his or her designee, and same shall be reported to the appropriate City Council committee having reporting oversight authority for that department. (j) No contract, oral or written, or promise or representation made by any City official, employee, or agent, made for or pertaining to the purchase by the City of any real property, or any interest or right in same, shall be binding upon the City without having been reduced to a written instrument executed by the Mayor.  ​ORDINANCE 73-2017-18 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 FOR CDE LIGHTBAND WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of CDE Lightband for the fiscal years 2018 and 2019 are amended and/or approved as follows: FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 74-2017-18 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 FOR THE CLARKSVILLE GAS & WATER DEPARTMENT WHEREAS, City Charter, Article VII, Section 3(a) budget ordinances need not be in more detail than a lump sum for each department. TCA 7-34-114(a) requires revision of rates, fees or charges, from time to time, whenever necessary so that enterprise funds always remains self-supporting. WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of the Clarksville Gas & Water Department for the fiscal years 2018 and 2019 are amended and/or approved as follows: FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 75-2017-18 AN ORDINANCE AMENDING THE 2017-2018 BUDGET AND APPROVING THE 2018-2019 ANNUAL ACTION PLAN AND BUDGET AND AUTHORIZING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP FUNDS ​ WHEREAS, Regulation 24 CFR Part 91 issued by the U.S. Department of Housing and Urban Development (HUD) requires the city to submit and receive HUD approval of an annual action plan as part of a HUD-approved five-year consolidated plan for the City of Clarksville; and ​ WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, establishes a Community Development Block Grant (CDBG) program for the purpose of developing viable urban communities by providing decent housing and suitable living environments and expanding economic opportunities and preventing and/or eliminating conditions of slum and blight, principally for persons of low and moderate income; and ​ WHEREAS, the Statement of Purpose for this Ordinance reflects comments from agencies, organizations and citizens as related to funding received from two HUD programs; the Community Development Block Grant and the HOME Investment Partnership Program; and WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and ​ WHEREAS, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance​. WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the 2017-2018 budget is amended and the 2018-2019 Annual Action Plan and the 2018-2019 “Budget and Program of Expenditures” is hereby adopted and approved. Section 1. Revenues and Expenses. Revenues and expenses for the COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP FUNDS, EMERGENCY SOLUTIONS GRANT AND CONTINUUM OF CARE GRANT are shown on the budget schedule below. The budgets shown below are on a cash basis. Revenues are estimated to be sufficient to pay the estimated expenses of the operations. FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 76-2017-2018 AN ORDINANCE AMENDING THE FISCAL YEAR 2018 AND ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 2019 FOR THE INTERNAL SERVICE FUNDS. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the City of Clarksville’s Internal Service Funds for the fiscal years 2018 and 2019 are approved as follows: Section 1. Revenues and Expenditures. Revenues and expenditures for the City of Clarksville’s Internal Service Funds are shown below. Revenues are estimated to be sufficient to pay the estimated expenditures of the Internal Service Funds' operations. The basis of accounting for the purpose of budget preparation is cash basis. FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 77-2017-18 AN ORDINANCE AMENDING THE FISCAL YEAR 2018 BUDGET AND ESTABLISHING THE OPERATING BUDGET FOR FISCAL YEAR 2019 FOR THE CLARKSVILLE PARKING COMMISSION, A PROPRIETARY FUND. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the amended revenues and expenses of the City of Clarksville’s Parking Commission for the fiscal year 2018 and the estimated revenues and expenses for the fiscal year 2019 are as follows: Section 1. Revenues and Expenses. Revenues and expenses for the City of Clarksville’s Parking Commission (a Proprietary Fund) are shown on the budget schedules below. The budgets shown below are on a cash basis. Revenues are estimated to be sufficient to pay the estimated expenses of the Parking Commission’s operations and any annual debt service. (1) ​ REVENUES: Revenues to fund the enforcement and operation of public parking of the city are derived primarily from parking lot rentals, meters, other fees, and fines. (2) EXPENSES/CASH OUTFLOWS: Expenses/cash outflow related to enforcing and operating public parking are primarily management fees to general fund, interest on debt, payment of principal (cash basis), and capital outlays (cash basis). (3) ​ BASIS OF ACCOUNTING: For financial reporting purposes, the accrual basis of accounting is used. The accrual basis recognizes the financial effect of a transaction, event or inter-fund activity when it occurs regardless of the timing of the related cash flow, whereas the cash basis of accounting recognizes the transaction or event when the related cash is received or disbursed. FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  ORDINANCE 78-2017-18 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 FOR THE CLARKSVILLE TRANSIT SYSTEM WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the Clarksville Transit System for the fiscal years 2018 and 2019 are amended and/or approved as follows​: FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE:  FY 2019 BUDGET GOVERNMENTAL FUNDS (EXCLUDING COMMUNITY DEVELOPMENT) Ordinance 79-2017-18  ORDINANCE 79-2017-18 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2018 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 FOR THE GOVERNMENTAL FUNDS AND ADOPTING THE TAX RATE FOR THE FISCAL YEAR BEGINNING JULY 1, 2018 AND ENDING JUNE 30, 2019 WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, ​Tennessee Code Annotated Title 9 Chapter 1 Section 116 requires that all funds shall first be appropriated before being expended and that only funds that are available shall be appropriated, and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the City of Clarksville for the fiscal years 2018 and 2019 are amended and/or approved as follows: Section 1. ​That the governing body estimates anticipated revenues for its governmental funds from all sources to be as follows in all of the attachments that follow. Section 2. That the governing body appropriates from these anticipated revenues and unexpended and unencumbered funds as follows in all of the attachments that follow. Section 3. ​At the end of the current fiscal year, the governing body estimates balances as follows in all of the attachments that follow. Section 4​. That the governing body recognizes that the municipality has bonded and other indebtedness as follows: Bonded or Other Debt Redemption Interest Debt Authorized Requirements and Unissued Indebtedness Bonds 47,121,000 1,876,943 18,300,000- Notes 45,168,000 1,068,069 - Other Debt - - - Section 5​. No appropriation listed above may be exceeded without an amendment of the budget ordinance as required by Article VII, Section 3 of the Clarksville City Charter. Amendments to the adopted budget ordinance may be approved by ordinance at any time during the fiscal year by the affirmative vote of a majority of the council on two separate readings. Section 6​. ​Tax Rate. ​ The City of Clarksville’s fiscal year 2019 (tax year 2018) tax rate for real and personal property shall be ​ONE DOLLAR AND TWENTY-FOUR CENTS ($1.24) ​per each ONE HUNDRED DOLLARS ($100) OF ASSESSED VALUE. Section 7​. ​Payments to Tennessee Consolidated Retirement System. For the fiscal year 2019, the City of Clarksville’s rate of funding to the Tennessee Consolidated Retirement System (TCRS) will be 17.33% of covered salaries and wages for public safety employees and 13.83% for all others. Section 8​. ​Other Post Employment Benefits. The City recognizes that under the provisions of Governmental Accounting Standards Board (GASB) Statement 45 that it has an obligation for “Other Post Employment Benefits” (“OPEB”). In FY 2019, the City’s governmental funds will continue on a pay-as-you-go basis. Nothing in this section shall prevent any proprietary fund, agency, or component unit of the city from funding its OPEB obligations under the provisions of GASB 45 in FY 2019. Section 9​. ​In Lieu of Taxes, Clarksville Department of Electricity and Clarksville Department of Gas, Water & Sewer. ​The City has budgeted to collect the maximum in lieu of tax payment permitted by the Tennessee Code Annotated from the Clarksville Department of Gas, Water & Sewer and CDE Lightband and accounts for these payments in the general fund as operating revenues. Section 10​. ​Payments to Montgomery County – In Lieu of Taxes. Under the provisions of the Tennessee Code Annotated, 22.5% of the in lieu of tax payment actually paid to the city by the Clarksville Department of Electricity (CDE Lightband) to the City of Clarksville's general government must be paid over to Montgomery County. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an estimated annual in lieu of tax payment included in the financing sources of the city. The Chief Financial Officer is authorized to comply with the legal requirement that provides for the actual payment of 22.5% of the in-lieu-of-tax paid to the city to be paid to Montgomery County irrespective of the appropriation contained within this ordinance. Section 11​. ​Payments to Montgomery County – Share of State Liquor Taxes. Under the provisions of the Tennessee Code Annotated, 50% of the state liquor taxes paid to the City of Clarksville by the State of Tennessee must be paid over to Montgomery County for the purpose of funding education. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an annual revenue estimate of the state shared revenue for the liquor tax. The Chief Financial Officer is authorized to comply with the legal requirement to pay over to Montgomery County 50% of the state liquor taxes received by the city irrespective of the appropriation contained within this ordinance. Section 12. ​A departmental budget and the published operating budget and budgetary comparisons shown by fund with beginning and ending fund balances and the number of full time equivalent employees authorized by fund will be attached and become a part of this ordinance. Section 13.​ ​Policy for Funding of Non-Profit Agencies 1. Per State Law: a. Organization must be a 501(c)(3), 501(c)(4), or 501(c)(6) with documentation provided from the Internal Revenue Service. b. Organization provides year-round services benefiting the general welfare of the city’s residents. c. Organization files a copy of an annual audit of its business affairs and related transactions 2. Additional City of Clarksville requirements: a. Organization must be related or support moving the City forward in providing a municipal purpose. b. Organization must disclose at least annually and throughout the funding year any City employee or elected official associated with their agency in any capacity, stating their name and role they play in the non-profit agency. c. Funding may be withheld at the discretion of the City of Clarksville’s Finance Department until all requirements are met and kept current. d. If approved for funding by the City of Clarksville, the organization agrees to allow access to financial records during the funding period. e. Organization agrees that funds requested will ​only​ be used for the purposes stated and approved in their budget request f. The City shall determine funding distribution to be either monthly, quarterly, or annually g. Any change in proposed use of funds during the funding year must be submitted to the City in writing for approval prior to use. h. Organizations receiving $50,000 or more of funding from the City are required to follow the City’s purchasing policy including but not limited to bids and quotes for any purchase made with City provided funds. i. Organizations receiving any audit findings shall disclose these findings with their annual funding request. At the discretion of the CFO for the City, funding may be withheld until a satisfactory plan to address the findings has been received. j. Organization is required to submit quarterly financial reports no later than 45 days after the end of the quarters ending September, December, March and June of each year. Section 14. ​If for any reason a budget ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations in this budget ordinance shall become the appropriations for the next fiscal year until the adoption of the new budget ordinance, provided sufficient revenues are being collected to support the continuing appropriations as per Charter provision. Approval of the Director of the Division of Local Finance in the Comptroller of the Treasury for a continuation budget will be requested if any indebtedness is outstanding. Section 15. ​ In an effort for the City’s pay practices to remain competitive with changes in labor market conditions, City Code Section 1.5-403 provides for the Human Resources Department to review and propose adjustments to the compensation plan including adjusting the salary structure to be competitive with the market. Further Section 1.5-405b provides for the recommendation by the Human Resources Department to provide annual general pay increases for City employees. Notwithstanding any provision of the Official Code of the City of Clarksville to the contrary, based on current market conditions and city finances, the Human Resources Director has recommended a general wage increase for City employees of 2.5% for Fiscal Year 2018-2019. Any employee who will not receive a 2.5% increase due to their pay range top out, shall receive a stipend necessary to bridge their pay raise to 2.5%. The stipend will be paid in one lump sum one time only and will not become part of the employee’s base salary as to comply with City Code Section 1.5-404b. Section 16. Capital Project Revenue District.​ In order to provide accountability, since the exact amount due as a result of increased valuations and which would be available to the CPRD, the amount of Property Tax to be transferred to the CPRD fund will be capped at $2,500,000 for Fiscal Year 2019. Section 17. Excavations and Cuts.​ This ordinance shall amend section 12-201 Permit Required, of City Code related to a permit for any utility requiring a street cut. The City is not required to obtain a permit to perform work, therefore necessitating an additional provision in Section 12-201. Add the following: Any street cut necessary for the city’s municipal utilities shall be reimbursed by the enterprise fund to the general fund on a cost plus 10% basis. Such funds to be used to offset the costs of the street department. Section 18. ​This ordinance shall take effect June 30, 3018 for the good of the public. BUDGET SUMMARY PUBLISHED: June 3, 2018 PUBLIC HEARING: June 14, 2018 FIRST READING: June 14, 2018 SECOND READING: EFFECTIVE DATE: