Staff Report/Resolution Repealing Resolution No. 2010-15 – Providing for Warrant Payment Procedures

STAFF REPORT

AGENDA ITEM: Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures

MEETING DATE: February 1, 2011

PREPARED BY: Victoria Lewis, Acting City Manager

REVIEWED BY: Victoria Lewis, Acting City Manager

RECOMMENDATION:

City Council review, discuss and approve or not approve, a Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

BACKGROUND:

On April 20, 2010, the City Council of the City of Livingston passed Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

At the City Council’s regular meeting held on January 18, 2011, Council Member Samra made the request to have Resolution No. 2010-15, brought back before City Council for review and reconsideration of its passage.

DISCUSSION:

If the City Council elects to Repeal Resolution No. 2010-15, a Resolution Repealing Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures is being provided for consideration.

FISCAL IMPACT:

None

ATTACHMENTS

Resolution No 2011-_, a Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

Exhibit A, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures adopted by the City Council on April 20, 2010.

RESOLUTION NO. 2011-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
REPEALING RESOLUTION NO. 2010-15,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
PROVIDING FOR WARRANT PAYMENT PROCEDURES

WHEREAS, on April 20, 2010, the City Council passed Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, the City Council wishes to repeal Resolution No. 2010-15, a Resolution of the City Council of the City of Livingston Providing for Warrant Payment Procedures.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston that:

1. The Resolution, identified as Resolution No. 2010-15, is hereby repealed.

2. This Resolution shall take effect from and after the date of its passage.

Passed and adopted this 1St day of February, 2011, by the following vote:

AYES:

NOES:

ABSTAIN:
ABSENT:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 1St day of February 2011.

Antonio Silva, City Clerk

of the City of Livingston

EXHIBIT "A"

RESOLUTION NO. 2010-15

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
PROVIDING FOR WARRANT PAYMENT PROCEDURES

WHEREAS, Government Code section 53910 provides that the City Council may by resolution, authorize practices with respect to the form, issuance, delivery, endorsement, and payment of warrants as it deems convenient, efficient, and in the public interest; and

WHEREAS, Government Code section 37208 provides that warrants or checks drawn in payment of monetary demands upon the City conforming to the City’s budget need not be audited by the City Council prior to payment by the City; and

WHEREAS, pursuant to Livingston Municipal Code section 1-6-9-3, it is the duty of the City Finance Director to act in all cases to promote, secure, and preserve the financial and property interests of the City; and

WHEREAS, it is the policy of the City and in the public interest that all of the City’s financial obligations be timely paid in order to avoid interest and late charges from being incurred by the City, to ensure a favorable credit rating for the City, to maintain a good working relationship with the City’s vendors and product and services suppliers, to ensure continued and high quality service from the City’s vendors and product and services suppliers, and to attract new high quality vendors and product and services suppliers; and

WHEREAS, late payments to City vendors and product and services suppliers can cause hardship on such vendors and suppliers, particularly small businesses; and

WHEREAS, it is the general practice of the City that warrants be presented to the City Council prior to payment by the City; however, the City Council recognizes that, in order for the City to timely pay its vendors and product and services suppliers, it may not always be practical or feasible to present the warrants to the City Council prior to their payment due date due to scheduling of City Council meetings; and

WHEREAS, the City Council wishes to designate payment authority to the City Manager and City Finance Director to pay warrants on any budgeted expense or approved contract prior to the presentation of such warrants to the City Council when, due to City Council meeting scheduling or otherwise, it is not practical or feasible to present the warrants to the City Council prior to the due date for the payment of the expense, with such payments being subject to ratification by the City Council at a subsequent City
Council meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that:

Section 11. Payment of Warrants. The City Manager, with the concurrence of the City Finance Director, is authorized to pay any and all City expenses conforming to the City budget and/or subject to an approved contract prior to the presentation of any warrant for such expense to the City Council, and all subject to ratification of the payment of the warrant by the City Council at a subsequent City Council meeting.

Section 2. Warrant Review Committee. In light of the procedures adopted herein, the City’s

937717.2 Page 1 of 2

Warrant Review Committee is hereby dissolved and eliminated. All members of the City Council are encouraged to individually review any City expenditures and warrants prior to or after their presentation to the City Council.

Section 3. General Authorization. The City Manager is hereby authorized and directed to execute and deliver any and all documents, to do any and all things, and take any and all actions that may be necessary or advisable, in his/her discretion, in order to effect the purposes of this resolution. Any actions taken by the City Manager in conformity with this resolution are hereby approved, confirmed, and ratified.

Section 4, Effective Date. This resolution shall take effect immediately upon the date of its passage.

Passed and adopted this 200′ day of April 2010, by the following vote:

AYES: Mayor Varela and Council Members Nateras and Vierra

NOES: Council Members Aguilar and Espinoza

ABSENT: None

ABSTAIN: None

Daniel Varela, Sr., Mayor
of the City of Livingston

ATTEST:

1, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 20’" day of April, 2010_

Donna Barnes, City Clerk
of the City of Livingston

One thought on “Staff Report/Resolution Repealing Resolution No. 2010-15 – Providing for Warrant Payment Procedures

  1. Pingback: A Blood Drive, A City Council Agenda, and A Couple More Repeals/Re-does « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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