(1) The Revenue Estimating Conference shall be composed of the Mayor, who shall serve as chair, the Chief Administrative Officer, the Director of Finance, a member of the Council selected by the Council, and a faculty member of a college or university in New Orleans who has expertise in forecasting revenues or in a related field. The faculty member shall be appointed by the Mayor and confirmed by the Council to serve for a term concurrent with that of the Mayor and shall be subject to removal under the same procedure as provided in this Charter for removal of board members.
(2) The conference shall prepare and publish initial and revised estimates of money which is to be recognized for the current and next fiscal year by the City general fund and all other City operating funds, such estimates to be based upon standards promulgated by the Governmental Accounting Standards Board and which shall be known as the "official forecast." The conference shall meet at least quarterly. The Mayor may call meetings of the conference at any time in accordance with applicable state and municipal law and shall call meetings when requested to do so by Motion of the City Council. In each estimate, the conference shall designate the money which is nonrecurring or will recur only in a limited number of years. Conference decisions to adopt these estimates shall be by a unanimous vote of its members. The most recently adopted estimate, as defined above, shall be the official forecast and shall constitute a recommendation to the Mayor and City Council of the amount of revenues to be included in the operating budget for the year for which the forecast is made.
Section 6-101 102. Preparation of the Annual Operating Budget.
(1) The Chief Administrative Officer shall annually, and not later than the first day of August, prepare budget request forms for the Council and for make available sufficient data relating to the current and preceding year's appropriations and expenditures for each fund to each office, department, or board, the Council, pension and retirement system, trust proceeds fund, debt service fund or other entity which is receiving or seeks to receive an appropriation from the Council payable from any operating fund of the City. or which expends City funds. All data required under this section shall be in a format which adheres to generally accepted accounting principles as defined by the Governmental Accounting Standards Board or any successor organization, except as provided in Section 6-103 (1). The Director of Finance shall enter upon such forms the amounts which were expended in the preceding year and for the first six months of the current year for each class of expenditure. Separate sets of forms shall be provided for each fund from which an appropriation is made.
(2) The Council and the head of each office, department or board shall enter upon such forms the estimated expenditures for the second six months of the current year and the requests for appropriations for the ensuing year. The head of each office or board attached to a department shall submit the completed forms to the head of the department who shall indicate thereon his recommendation with respect to each requested item. All completed forms shall be delivered to the Chief Administrative Officer not later than the fifteenth day of September. Any entity which seeks an appropriation from any operating fund of the City shall submit detailed data to the Chief Administrative Officer in accordance with a schedule prescribed by the Chief Administrative Officer for compilation and recommendations for review by the Mayor prior to the Mayor's submission of the proposed budget to the City Council.
(3) The Chief Administrative Officer, after consulting with the Council and the heads of offices, departments and boards, shall prepare a preliminary budget for the consideration of the Mayor. The preliminary budget shall include all budget requests, and the recommendations of the Chief Administrative Officer with respect to each request, an estimate of revenues the receipts from each source of revenue, and a statement of the total estimated revenues income and total recommended expenditures for each operating fund.
(4) The Mayor shall review the preliminary budget and may hold either formal or informal hearings thereon, at which the heads of each office, department or board may be given an opportunity to be heard with respect to their requests. The Chief Administrative Officer shall then prepare the operating budget under the direction of the Mayor. Such budget shall set forth each item of expenditure recommended by the Mayor,his estimates of available surplus and income from existing revenues for each operating fund, and where and estimates of revenues which will be available for expenditure. If the estimate of any revenue differs by more than three percent from the estimate of that revenue in the official forecast, information on the difference and an explanation thereof shall be submitted to the Council with the operating budget. Where the estimated revenues from existing sources are insufficient to meet the recommended expenditures, the Mayor's shall provide recommendations of new sources of
revenues to balance the budget. The operating budget shall be presented to the Council with a message from the Mayor outlining his reasons for the requested appropriations, and shall be accompanied by proposed revenue and operating budget ordinances to give effect to the budget as presented. The mere enumeration of a function, power, or activity in this Charter shall not, in and of itself, mandate that the Council appropriate specific funds with respect thereto.
(5) The proposed ordinance for the operating budget shall provide lump sum appropriations under the following classes for each budget unit:
(a) Personal services of officers and employees.
(b) Contractual services. Other operating expenses.
(c) Materials and supplies.
(d) Improvements of an estimated life of less than ten years, and equipment
(e) (c) Debt service.
(f) (d) Such other classes as the Mayor may annually establish.
(6) The proposed ordinance for the operating budget shall authorize the transfer of all amounts authorized by the capital budget ordinance from the general fund and the proper any special revenue funds to the proper capital projects funds of all amounts authorized by the capital budget ordinance to be financed from such transfers.
(7) There shall be appended to the operating budget a statement of the transactions of each of the pension and retirement systems, expendable trust proceeds funds, and debt service funds, and revolving funds for the preceding year, for the current year to June 30th thirtieth, and anticipated transactions for the remainder of the current year and for the ensuing fiscal year, and a projection of anticipated revenues and expenditures of the City, including all dedicated and undedicated funds and the funds of each unattached board and commission for the next five fiscal years.
(8) The operating budget and the proposed revenue and operating budget ordinances shall be submitted to the Council not later than the first day of November. Sufficient copies of the operating budget shall be supplied by the Mayor to the Clerk of Council for distribution to members of the Council and to interested citizens.
Section 6-102 3. Administration and Enforcement of the Budget Operating Budget Ordinance.
(1) The adoption of the operating budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the year.
(2) Following the adoption of the operating budget ordinance, the head of each office, department and board shall submit to the Chief Administrative Officer schedules showing the expenditures anticipated for each quarter of the fiscal year.
(3) The approval of an expenditure schedule by the Chief Administrative Officer shall constitute a budgetary allotment which shall be binding upon such office, department or board, and the Department of Finance shall approve or issue no requisition, purchase order, voucher or check that is not in accordance with such allotment.
(4) The allotments herein provided may be altered at any time by the Chief Administrative Officer upon his own initiative or at the request of the head of an office, department or board and shall be altered at the direction of the Mayor. The Mayor shall direct appropriate revisions in allotments to keep expenditures within the revenues received or anticipated.
(5) The Director of Finance and his surety shall be liable for any moneys withdrawn from any operating fund other than in accordance with the operating budget ordinance and allotments.
Section 6-103 4. Preparation of the Capital Program and Capital Budget.
(1) The City Planning Commission annually and not later than the fifteenth day of October shall prepare and submit to the Mayor a capital program in the manner set forth in this section.
(2) Each office, department, and board, the Council, pension and retirement system, expendable trust fund, and debt service fund or other entity annually and not later than the fifteenth day of August shall present to the City Planning Commission, in accordance with a schedule prescribed by the Chief Administrative Officer, a list of all the expenditures for permanent physical improvements which it is making or believes should be made in conjunction with its work during the next five years next ensuing.
(a) Each list shall show the projects in process of construction or acquisition, their present status, the amounts spent or to be spent thereon to the close of the current year, the work which is required to complete each undertaking with a schedule for such completion, the amount and source of the moneys spent, and the amount and source of moneys required during each of the five succeeding years to complete each undertaking.
(b) Each list proposal shall contain a full statement of the reasons for each new project, justification of the project, its estimated cost, method of financing, of the project to date of completion, the estimated cost of annual operating operation and maintenance, to be constructed or acquired, the proposed dates of initiation and completion of the project, the financial requirements during each of the five ensuing years and the source of such moneys.
(3) The Chief Administrative Officer shall furnish to the Commission a statement of the moneys likely to be available from the General Fund and special revenue funds and the amount of bonds which the Mayor believes it would be proper for the City to issue during each of the next five years. The Commission shall then prepare the capital program for the next five years, in which it shall recommend the projects to be undertaken within the period in priority order and shall state the sources of moneys to be used for each project during each year of the period. As an appendix to the capital program, the Commission shall set forth those projects recommended by offices, departments and boards, which have the approval of the Commission but which have not been included in the capital program. Such approved projects shall be arranged in a manner that will indicate the Commission's evaluation of the relative priority of such projects if moneys were available. A separate appendix shall be included setting forth the proposed projects which do not have the approval of the Commission and the reasons for rejection.
(4) (a) Upon receipt of the capital program from the Commission, T the Mayor upon receipt of the capital program from the Commission, shall prepare a message to the Council setting forth his recommendations with regard thereto. The Chief Administrative Officer, under the direction of the Mayor, shall prepare a proposed capital budget ordinance for the first year covered by the capital program.
(b) Not later than the first day of November, tThe Mayor, not later than the first day of November, shall submit to the Council the capital program as prepared by the Commission, the capital budget message, and the proposed capital budget ordinance. Sufficient copies of each shall be supplied by the Mayor to the Clerk of the Council for distribution to members of the Council and to interested citizens.
Section 6-104 5. Administration and Enforcement of the Capital Budget Ordinance.
(1) The adoption of the capital budget ordinance shall constitute an appropriation of the sums specified therein for the purposes and from the funds indicated. Such appropriation shall be considered valid only for the year for which made, and any part of such appropriation which is not encumbered or expended shall lapse at the end of the year. Officers authorized to make expenditures under the capital budget ordinance may proceed without other authority from the Council to incur obligations or make expenditures for proper purposes to the extent that the moneys are on hand available.
(2) Accounting officers of the City shall be responsible for the enforcement of the capital budget ordinance to the same extent as the Director of Finance is responsible for the enforcement of the operating budget ordinance.
Section 6-105 6. Fiscal Year.
The fiscal year of the City shall be the calendar year unless changed by ordinance. If the fiscal year is modified, the time limits specified in this Chapter shall be modified by the ordinance to conform to substantially the same general time schedule as that specified herein.
Section 6-106 7. Encumbrance Defined.
For the purpose of this Charter, the term "encumbrance" shall mean a commitment for expenditure of an appropriation evidenced by a valid requisition properly approved.
Section 6-107 8. Independent Audit.
(1) The Council shall execute an agreement with a Certified Public Accountant or firm of CPA's Certified Public Accountants for the purpose of securing an examination audit of the accounts of the City. and may execute such an agreement for the purpose of securing an audit of the accounts of any office or public body that receives or expends City funds, including non-municipal offices and public bodies.
(2) As soon as practicable after close of the fiscal year, and in no event later than four six months after the close of the fiscal year, after the close thereof, the accountant or accountants shall submit to the Council a report upon the transactions of the year just completed to the Council.
(3) The No certified public accountant selected to make the audit or any of the partners of the firm of certified public accountants selected to make the examination shall be neither a member, nor an official officer, or an employee of a department, board or other agency of the City.
(4) If the person or firm selected to make the audit informs the Council that any office or entity receiving or expending City funds has failed or refused to provide information or permit inspections necessary or reasonably desirable for completion of the audit, the City Council may issue and the City Attorney shall promptly seek enforcement of subpoenas to compel the requested inspection or information.
Section 6-201. Operating Funds
Section 6-202. Pension and Retirement Funds
Section 6-203. Debt Service Funds
Section 6-204. Capital Projects Funds
Section 6-205. Nonexpendable Trust Funds
Section 6-206. Expendable Trust Proceeds Funds
Section 6-207. Clearing or Suspense Funds
Section 6-208. Revolving Funds
Section 6-209. Petty Cash Funds
Section 6-210. Agency Funds
Section 6-211. Escrow Funds
Section 6-212. Deposit Funds
Section 6-213. Reserve Funds
Section 6-214. Change Funds
Section 6-215 207. Other Funds
Section 6-216 208. Deposit of Funds
Section 6-217. Fund Defined
Section 6-201. Operating Funds.
(1) 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."
(2) The Director of Finance shall establish and maintain the following operating funds:
(a) 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".
(b) 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.
(3) No moneys shall be disbursed from operating funds except in accordance with pursuance of an appropriation made by the operating budget ordinance and allotments thereunder, or the capital budget ordinance as provided for in this Charter, or pursuant to 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.
(4) 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 6-202. Pension and Retirement Funds.
(1) All funds maintained for the purpose of paying any pension or retirement benefits, payments or refunds, or for providing any reserve or accumulation with respect thereto, shall constitute "pension and retirement funds."
(2) No payments shall be made from any pension or retirement fund for any purpose other than to pay benefits authorized to be paid from such funds; to make investments as may be provided by law; or to refund contributions to the members of such funds. All operating expenses of pension and retirement systems shall be payable only from operating funds.
(3) The governing authority of any pension or retirement fund may arrange with the Board of City Trusts for the administration of the reserves held by such pension or retirement fund.
Section 6-203. Debt Service Funds.
(1) All moneys or securities held for the purpose of paying the principal, sinking fund installments, interest, or other valid expenses in connection with the servicing or payment of any obligation which becomes due and payable more than one year from its date shall constitute "debt service funds."
(2) The Director of Finance, and other officers, departments or boards when required by law or by the terms of any bond, note, certificate or other evidence of indebtedness, shall maintain such funds as may be necessary to enable the City to perform its contractual obligations.
(3) Moneys held in any debt service fund by any officer, department or board shall be disbursed only in accordance with the provisions of law, or contract, relating thereto. No appropriations shall be required as a prerequisite to disbursement from such fund.
Section 6-204. Capital Projects Funds.
(1) All moneys received or held for the purpose of defraying the cost of any capital expenditure shall constitute "capital projects funds."
(2) Capital projects funds shall consist of moneys derived from the proceeds of the sale of immovable property, from proceeds of bonds, notes, certificates or other evidences of indebtedness for capital expenditures, including proceeds of temporary loans negotiated in anticipation thereof, from appropriations or grants from other governments or governmental agencies for capital expenditures, from allocations made by any operating budget ordinance for capital expenditures, from proceeds from any insurance settlement for loss sustained to immovable property, from proceeds of assessments for street improvements to the extent not dedicated to repayment of debt, or from transfers from any reserve fund maintained for ultimate capital expenditures.
(3) Capital projects funds shall be expended only in accordance with the terms of the capital budget ordinance, the terms of loans negotiated, or the terms of tax levies.
Section 6-205. Nonexpendable Trust Funds.
(1) All moneys acquired by donation which are to be invested, or held intact, temporarily or permanently, and all other property so acquired by donation shall constitute "nonexpendable trust funds."
(2) The Director of Finance shall be the treasurer for any other trusts held by or in the name of the City, its officers, departments or boards, except insofar as to the extent specifically and irrevocably otherwise provided under the terms of the donation or trust. He The Director shall maintain separate funds and bank accounts for such trust fund, and shall receive and deposit to the credit of such funds and accounts all the moneys belonging thereto, and shall make disbursement therefrom only in accordance with resolutions or other appropriate authorizations furnished by the Board of City Trusts or other persons, officers, departments or boards having power so to authorize.
Section 6-206. Expendable Trust Proceeds Funds.
(1) All moneys derived from the interest, dividends, or other earnings of trust funds, or from the sale of trust fund assets that are to be expended for any purpose under the terms of any donation or trusts, shall constitute "expendable trust proceeds funds."
(2) The Director of Finance shall maintain separate funds and bank accounts for each such expendable trust proceeds fund, and shall receive and deposit to the credit of such funds and accounts all of the moneys belonging thereto, and shall make disbursement therefrom only in accordance with resolutions or other appropriate authorization furnished by the Board of City Trusts or other persons, officers, departments or boards having power so to authorize.
Section 6-207. Clearing or Suspense Funds.
(1) Moneys held pending payment thereof to other funds as may be provided by law, shall constitute "clearing or suspense funds."
(2) The Director of Finance shall maintain such clearing and suspense funds as may be necessary for the orderly transaction of business. No expenditures may be paid from such funds, and disbursements shall be made therefrom only in accordance with the provisions of law governing same; provided that no appropriation shall be necessary as a prerequisite to disbursements for clearing and suspense funds.
Section 6-208. Revolving Funds.
(1) Funds may be maintained by the City for the operation of any public enterprise which is substantially or wholly commercial in character, or for the purpose of facilitating work performed by the City for which it is to be reimbursed in whole or in part. Such funds shall constitute "revolving funds."
(2) The Council may by ordinance establish a revolving fund for each public enterprise. The revolving fund so established shall be subject to the provisions of this Article relating to budgeting, appropriation, and allotment only to such extent as the ordinance establishing such fund shall provide. The provisions of this Charter relating to other phases of financial management, including Purchasing, shall apply without exception.
Section 6-209. Petty Cash Funds.
(1) Moneys withdrawn from other funds and held for the purpose of paying out small amounts which are impractical to pay by check shall constitute "petty cash funds."
(2) Petty cash funds shall be established only by ordinance and only when essential for the proper transaction of public business, provided that no petty cash fund shall be for a greater amount than is necessary to finance transactions for one month.
(3) Petty cash funds shall be used only for the purpose for which established and shall not be used to cash personal checks.
(4) Disbursements from petty cash funds shall be subject to the same budgetary limitations and general accounting procedures as the funds from which created.
(5) Petty cash funds shall be reimbursed at least once a month for the amount of invoices, receipts or other evidences of disbursements submitted. No reimbursement shall be made, however, until these documents have been checked by the Department of Finance in the same manner as expenditures paid by check and in the case of petty cash expenditures chargeable against an appropriation, until the applicable appropriation has been encumbered by the amount of such expenditure.
(6) Officers or employees having custody of petty cash funds shall be bonded.
Section 6-210. Agency Funds.
(1) Any fund maintained for any constitutional, state, parochial, or district officer, department or board which is not subject to the provisions of this Charter, shall constitute "agency funds."
(2) Moneys received for the account of any such fund shall be deposited to its credit and shall be disbursed therefrom in accordance with the provisions of law governing the same and no appropriations shall be required under this Charter unless specifically authorized by law.
Section 6-211. Escrow Funds.
(1) Moneys paid to or deposited with any officer, department or board under protest or held subject to the proper determination of the rights of the City thereto, shall constitute "escrow funds".
(2) The Director of Finance shall maintain such escrow funds as may be proper. No expenditures shall be made therefrom and disbursements shall be made only in accordance with the provisions of law, contract, or court order relating thereto. No appropriation shall be required for disbursement therefrom.
Section 6-212. Deposit Funds.
(1) Moneys deposited under any ordinance or contract in connection with the exercise of any right or privilege, or for the purpose guaranteeing performance of any obligation to the City, shall constitute "deposit funds."
(2) The Director of Finance shall have custody of deposit funds. Deposit funds shall not be used to defray expenditures. Under court order or upon the certification of the appropriate officer, department or board that such deposit is no longer required, the Director of Finance shall transfer to other funds the portions of the deposit due such funds and shall return the remainder to the person making the deposit. No appropriation shall be required for disbursement from deposit funds.
Section 6-213. Reserve Funds.
(1) Funds maintained for the purpose of accumulating or maintaining a reserve for the replacement of any capital facility, the payment of any claim, the establishment of self-insurance funds, or the payment of any compensatory amount to any employee, shall constitute "reserve funds."
(2) Reserve funds shall not be used to defray expenditures. Claims shall be paid only pursuant to appropriation; payment of any compensatory amount due to any employee may be made without appropriation but only in accordance with the provisions of applicable law or ordinance. Disbursement of the reserve funds for the purpose of replacement of any capital facility, or the repair or replacement of any property which is self-insured, shall be made by transfer of the proper amount to the appropriate capital or operating fund and shall then be subject to appropriation.
Section 6-214. Change Funds.
Funds withdrawn from other funds and maintained for the purpose of making change shall constitute "change funds." Such funds shall not be expended nor shall they be used for cashing checks. If any such fund or part thereof is no longer needed, it shall be returned to its original fund.
Section 6-215 207. Other Funds.
The Mayor, with the approval of the Council, may establish other funds when necessary, and when no appropriate class of funds exists in accordance with generally accepted accounting principles, and the Director of Finance may create funds required to comply with generally accepted accounting principles.
Section 6-216 208. Deposit of Funds.
Money received by officers and employees shall be deposited promptly to the City's account in depository banks. The bank account may indicate the name of the fund, department, board or beneficiary for whom the money is deposited.
Section 6-217. Fund Defined.
The term "fund" as used in this Charter shall mean money, securities or other property required to be held for a particular purpose or class of purpose.
Section 6-301. Procurement of Movable Property
Section 6-302. Procurement of Immovable Property
Section 6-303. Insurance
Section 6-304. Surety Bonds
Section 6-305. Disposition of Movable Property
Section 6-306. Disposition of Immovable Property
Section 6-306.1 307 New Orleans Municipal Trust Fund
Section 6-307. 308 Contracts
Section 6-301. Procurement of Movable Property.
(1) The Bureau of Purchasing Department of Finance shall be responsible for the procurement of all movable property to be paid for from any appropriation made by the Council.
(2) (a) Before procuring any movable property, the Bureau of Purchasing Department of Finance shall ascertain whether or not movable property is available for transfer to satisfy any requisition, and if such is available, the transfer shall be made in lieu of all or a portion of the procurement with appropriate credits and charges to the budget units involved.
(b) If such property is not available for transfer, the Bureau of Purchasing Department of Finance shall procure it from the lowest responsible bidder who conforms to the terms and specifications prepared for by the Bureau. Department, except in cases where competitive bids are not required by state or municipal law.
(3) For any purchase of less than $1,000, at least three bids shall be secured, if possible. Purchases amounting to more than $1,000 shall be only by written contract.
(4) Purchase orders shall be submitted to the Bureau of Accounting for approval as to availability of appropriations and allotments where required or of unencumbered fund balances in other instances, and no purchase order shall be valid without such approval.
(5) The Bureau of Purchasing shall require such guarantees of performance by vendors as may be prescribed by ordinance.
(6) The Council may by ordinance provide for procurement of items of movable property of a value of less than $100 by officers, departments or boards under standards and procedures prescribed by the Bureau of Purchasing.
(7) Should the Council by a 2/3 vote declare the existence of an emergency, movable property may be procured in a manner other than that prescribed herein under rules prescribed by the Director of Finance.
Section 6-302. Procurement of Immovable Property.
(1) The Bureau of Purchasing Department of Finance shall be responsible for the procurement of all immovable property, but only in conformity with the instructions of the Department of Property Management.
(2) Requisitions for the procurement of immovable property which have been approved by the appropriate accounting officer as to availability of unencumbered fund balances shall be submitted to the Department of Property Management, which department shall ascertain whether property owned or leased by the City is available for the purpose requested. If such property is available, the Director of Property Management shall arrange for its assignment or transfer in cooperation with the budget units involved. If such property is not available, the Bureau of Purchasing Department of Finance shall procure the necessary property by purchase, lease, exchange or expropriation.
(3) No immovable property shall be acquired by the City without the approval of the City Planning Commission as to its use, and where necessary, the approval of the Board of City Trusts,. provided that if If either of said boards fail fails to act within thirty days of a request for approval, its approval shall be presumed.
(4) All expropriation proceedings shall be instituted in the name of the City through the Department of Law.
Section 6-303. Insurance.
(1) Insurance against fire, windstorm, and other hazards may be procured for the protection of the property of the City in such amounts and under such conditions as the Council shall ordain.
(2) The City may, without waiver of its governmental immunity, procure public liability, bodily injury, and property damage insurance covering such risks and in such amounts as the Council may ordain, provided all such policies of insurance shall contain a stipulation that the insurer shall not assert the governmental immunity of the City as a defense of any suit on such policies.
(3) All insurance shall be procured by the Bureau of Purchasing Department of Finance from companies licensed by the state to insure the types and amounts of risks involved.
Section 6-304. Surety Bonds.
Except as herein otherwise provided, the The Council except as herein otherwise provided shall determine which officers and employees shall be required to furnish surety bonds and shall determine the amount of each such bond. The Bureau of Purchasing Department of Finance shall procure all such surety bonds from companies licensed to do business in the state. All such bonds shall be in favor of the City, and the premiums thereon shall be borne by the City.
Section 6-305. Disposition of Movable Property.
(1) Boards, department heads, and other officers having movable property which is not useful to them, shall from time to time and at least annually furnish a list thereof to the Bureau of Purchasing Department of Finance. The Bureau of Purchasing Department of Finance shall examine such property, and if the same is found to be usable, it shall be returned to the central storehouse or inventoried for subsequent issue upon requisition. If it is found to be unusable for public purposes, the Director of Finance, after fixing a minimum price shall cause the property to be exchanged or sold at public auction to the highest bidder for not less than the minimum price established, after advertisement in the official journal twice in one week, and the proceeds shall be placed in the Capital General Fund. By ordinance approved by two-thirds of all its members, the Council may authorize the sale without public bid of movable property not needed for public purposes at a shop or store operated by or under the authority of the City of New Orleans, and the proceeds shall be placed in the General Fund or another fund as specified in the ordinance.
Section 6-306. Disposition of Immovable Property.
(1) The Department of Property Management shall from time to time, and not less than once in two years, review the immovable property of the City and make recommendations to the Council and the City Planning Commission for the disposition of such property as is no longer needed.
(2) With the prior approval of the Mayor and the City Planning Commission, the Council may ordain the sale or exchange of immovable property no longer needed. In its resolution of approval, the City Planning Commission may impose restrictions as to future use of such property in order to insure that its use will be in conformity with the plans developed or in process of development by the Commission. The Director of Finance, after fixing a minimum price, shall, either individually or through a person appointed by the Director him, cause the property to be sold at public auction to the highest bidder for not less than the minimum price, after advertisement in the official journal three times in two weeks, and the net proceeds shall be placed the Capital Projects Fund. However, immovable property may be transferred for purposes of rehabilitation without public auction, in accordance with procedures authorized by state law.
Section 6-306.1 307 New Orleans Municipal Trust Fund.
(1) Notwithstanding the provisions of Section 6-306 of this Chapter, all net proceeds resulting from a sale of any immovable property owned by the City having a sale price of more than five million dollars, including but not limited to the New Orleans International Airport, shall be placed in an expendable trust fund to be designated as the New Orleans Municipal Trust Fund. Specific donations or bequests to the New Orleans Municipal Trust Fund shall also be placed in the fund. The Council may from time to time appropriate additional funds to be placed in the Municipal Trust Fund. No appropriations shall be made from the fund except in accordance with paragraph (2) of this section.
(2) The Council may by ordinance make appropriations from the New Orleans Municipal Trust Fund to the General Fund provided that the total appropriations in any fiscal year shall not exceed eighty percent of the amount reasonably anticipated to be earned on the amount contained in the fund during that fiscal year. Such appropriations may be made to the General Fund or to the Capital Fund. The Council may by ordinance approved by a two-thirds vote of all its members appropriate to the Capital Projects Fund in any fiscal year up to fifty percent of the amount contained in the Municipal Trust Fund on the first day of that fiscal year.
(3) The provisions of this section may be declared inapplicable to all or any portion of the proceeds of a sale of immovable property owned by the City if a resolution is adopted by affirmative vote of not less than two thirds of the membership of the Council which states the Council's determination that:
(a) the immovable property was used for an essential public service, such as sewerage, water, drainage, recreation, port, or railroad purposes, and the proceeds from the sale are necessary to continue to provide the service, either for replacement of the property sold or for capital improvements by the City department, board or agency for whose benefit the property was used; or
(b) the immovable property was used primarily for office space or other essential support of City employees or activities, and the proceeds from the sale of the property are necessary to provide for replacement of that space or support; or
(c) the immovable property is or was acquired pursuant to the terms of a donation, trust, contract, or law which would preclude the deposit of the proceeds from the sale of the property into the Municipal Trust Fund.
The Council shall hold a public hearing on any resolution to declare this section inapplicable to a sale of immovable property, which hearing shall be advertised in the official journal once a week during the two weeks preceding the public hearing. (4) If the City disposes of immovable property by means of an exchange of property with additional cash compensation to the City, and the total value of the property and cash exceeds five million dollars, the provisions of this section shall apply to the cash proceeds of the transaction.
(5) Despite its name, the Municipal Trust Fund shall not be subject to the provisions of Chapter 4 18 of Article V IV of this Chapter Charter. However, conditional donations to the Municipal Trust Fund shall be subject to the provisions of Chapter 4 18 of Article V IV of the Chapter Charter.
Section 6-307 308. Contracts.
(1) All formal written contracts to which the City is a party, except those executed pursuant to paragraph (5)(c) of this section, shall be signed by the Mayor, or, under his the Mayor's authorization, by the Director of Finance or the Director of Property Management. Contracts may be proposed by any officer, department or board but, before being presented for signature, shall be approved by the Department of Law as to form and legality.
(2) Prior to signature, contracts involving financial obligations by the City shall be approved also by the Department of Finance as to the availability of funds in the amounts and for the purposes set forth therein. Such contracts shall not extend beyond the term for which an appropriation to finance such obligations shall have been made. This paragraph shall not apply to obligations for the procurement of light, heat, power, water, telephone service or garbage removal or destruction services from regulated utilities, telecommunication services, and sanitation services.
(3) All construction of public buildings of an estimated cost of more than $5,000 shall be done by contract in conformity with applicable state or municipal law.
(4) Contracts for the leasing of property belonging to the City for periods of more than one year shall be subject to requirements which may be imposed by ordinance.
(5)(a) Except in the purchase of unique or noncompetitive articles, competitive bids shall be secured before any purchase, by contract or otherwise, is made or before any contract is awarded for construction, alteration, repair or maintenance or for the rendering of any services to the City, other than professional services, and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder after advertisement prescribed by ordinance or by applicable state or municipal law.
(b) Contracts for professional services administered by the offices, departments, boards, and other agencies of the Executive Branch shall be awarded on the basis of a competitive selection process which shall be established by executive order of the Mayor.
(c) Contracts for professional services administered by the Council, pursuant to its Charter functions, legislative authority and responsibilities, and regulatory authority and responsibilities, shall be awarded on the basis of a competitive selection process which shall be established by rule of the Council. Such contracts shall be signed by the Council president upon authorization by Motion adopted by a majority of the entire membership of the Council, except that pursuant
to Section 4-403(2), contracts to employ special counsel shall require a two-thirds vote of the Council's entire membership. The Council rule may except contracts executed solely to assist the office of an individual councilmember.
(d) Each such order or rule and any amendment thereto shall be published once in the official journal and shall be the subject of a public hearing at least seven days prior to its effective date. The Executive Branch or Council competitive selection processes may include a threshold amount below which the competitive selection process shall not be required. The amount of the threshold shall be established by ordinance.
(6) The Director of Finance shall require of successful bidders a performance bond, and, where appropriate, a labor and materials bond. He The Director may in his the exercise of sound discretion permit a bidder to file an annual bond to cover bids that may be made by, or the performance of contracts that may be awarded to, such bidder during an annual period. Such bond shall be in such amount as the Department of Finance may determine and may be increased or decreased from time to time as the Department may require, in order to keep it commensurate with the bids made or contracts awarded during the annual period.
(7) The Council may by ordinance provide for the manner of executing other contracts and may in the case of any contract require the signatures of other officers in addition to those specified in this Section as it may deem proper for the protection of the interests of the City.