Bill 070115

..Title To adopt a Fiscal 2008 Capital Budget. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. A Capital Budget for the Fiscal Year 2008, totaling two billion, one hundred thirty-five million five hundred twenty thousand (2,135,520,000) dollars, is hereby adopted as set forth in the attached Exhibit A. SECTION 2. General Provisions (1) The amounts shown in this ordinance under the column entitled "2008" are hereby appropriated for the purposes shown and shall be available for encumbrance and expenditure upon the effective date of this ordinance for the Capital Fiscal Year defined as July 1, 2007 through June 30, 2008. (2) Administrative preparation for projects supported by funds appropriated in this budget may begin prior to July 1, 2007, provided that all contracts executed hereunder prior to July 1, 2007 shall contain the provision that no work shall commence under such contract prior to July 1, 2007 or become an obligation of the City unless the Director of Finance certifies that there is an approved Fiscal Year appropriation with an available funding source allocated. (3) The Director of Finance and the City Controller are authorized to approve encumbrances and expenditures for the appropriated purposes to the limit of the amounts shown but only to the extent that loans have been authorized and to the extent other funds have been certified to be available. (4) The Director of Finance shall not approve encumbrances and expenditures for individual projects in excess of the amounts shown under the column "2008" unless the Director of Finance certifies that a greater amount, but not to exceed one hundred twenty percent (120%) of the amount shown, is essential for contracting in any individual project. The Director of Finance, upon such certification and subject to availability of financing, is authorized to increase the project appropriation accordingly, and must then decrease by equal amount another individual project or projects. In addition, the Director of Finance may, when necessary for contracting in any individual project, substitute among sources of funds, whether shown or not shown for a particular project, provided that the total project amount is not exceeded. (a) Before taking any action authorized by this subsection (4), the Director of Finance shall first provide written notice to the President and all members of Council, with a copy to the Chief Clerk of Council, detailing the action the Director of Finance proposes to take. If the Council President, within one week of receiving such written notice, advises the Director of Finance in writing, with a copy to all members and the Chief Clerk of Council, that such action may not be taken unless approved by ordinance, then the Director of Finance shall not take such action unless authorized to do so by a subsequently enacted ordinance; otherwise, upon expiration of such one week period, the Director of Finance shall be authorized to take such action. The provisions of this subsection (4)(a) are not severable from the remaining provisions of this subsection (4), it being Council's intent that it would not have enacted this subsection (4) and authorized the Director of Finance to take the actions authorized by this subsection (4) if such actions were not subject to the provisions of this subsection (4)(a). (5) To the extent that a project includes "CT" or "XT" funds which were encumbered or expended in the prior fiscal year, the Director of Finance may decrease the appropriation for such project by such amounts. The Director of Finance shall place such amounts, for bookkeeping purposes, in a reserve account under the Office of the Director of Finance and such amounts may not be used for any project. Within one week of taking any action authorized by this subsection (5), the Director of Finance shall provide written notice to the President and all members of Council, with a copy to the Chief Clerk of Council, detailing such action. (6) None of the "Other Than City Funds" herein appropriated for projects which are dependent on funding by grants from Federal "FB" and/or State "SB" and/or private "PB" and/or other governments and agencies "TB", as authorized in the Capital Budget, shall be encumbered or expended until receipt of a formal grant award, and the funding allocation is limited by the award amount and the appropriation authorized. The Director of Finance shall provide written proof of every such formal grant award to the President and all members of Council, with a copy to the Chief Clerk of Council, prior to any encumbrance or expenditure supported by such award. (7) Except for "City Funds" the amount shown in the column "2008" shall be treated as receivables for financing purposes. (8) The Director of Finance is authorized to approve encumbrances and expenditures for appropriated purposes designated as funded by Revolving Fund "Z", provided that the total does not exceed the amount of cash receipts available and that the fund has been established as a revolving fund. (9) The Director of Finance is authorized to allocate existing and new loans, and other authorizations which are designated with a "Source of Funds" code to the amounts set forth in this budget ordinance. Subject to the foregoing limitations the Director of Finance may from time to time reallocate available loans, or other funds, within the limits prescribed by this ordinance, loan authorizations or other laws governing the same, it being the intent that the Director of Finance shall so make allocations as to expedite the execution of that portion of the Capital Program covered by the Capital Budget to the fullest extent permissible. (a) Before taking any action authorized by this subsection (9), the Director of Finance shall first provide written notice to the President and all members of Council, with a copy to the Chief Clerk of Council, detailing the action the Director of Finance proposes to take. If the Council President, within one week of receiving such written notice, advises the Director of Finance in writing, with a copy to all members and the Chief Clerk of Council, that such action may not be taken unless approved by ordinance, then the Director of Finance shall not take such action unless authorized to do so by a subsequently enacted ordinance; otherwise, upon expiration of such one week period, the Director of Finance shall be authorized to take such action. The provisions of this subsection (9)(a) are not severable from the remaining provisions of this subsection (9), it being Council's intent that it would not have enacted this subsection (9) and authorized the Director of Finance to take the actions authorized by this subsection (9) if such actions were not subject to the provisions of this subsection (9)(a). 1