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Authorizing Payment of Invoices with Then and Now Certificate and Declaring an Emergency

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Authorizing Payment of Invoices with Then and Now Certificate and Declaring an Emergency


Interested persons will take note that the Village Council of Yellow Springs on Tuesday, Sept. 3, 2013, gave first reading to an ordinance and passed as an emergency, text to follow.

WHEREAS, the Finance Director has pending invoices each exceeding $3,000 for services that were ordered and rendered prior to obtaining the certification of the fiscal officer that funds were available.

WHEREAS, Section 5705.41(D) States “No orders or contracts involving the expenditure of money are to be made unless there is a certificate of the fiscal officer that the amount required for the order or contract has been lawfully appropriated and is in the treasury or in the process of collection to the credit of an appropriate fund free from any previous encumbrances. Village Policy is expenditures exceeding $1,000 require a P.O. encumbering (putting aside) the necessary funds; and

the statute provides the following exceptions to this requirement:

Then and Now Certificate: This exception provides that, if the fiscal officer can certify that both at the time that the contract or order was made and at the time that he/she is completing the certification, sufficient funds were available or in the process of collection, to the credit of a proper fund, properly appropriated and free from any previous encumbrance, the taxing authority can authorize the drawing of a warrant.

The taxing authority has 30 days from the receipt of such certificate to approve payment by resolution or ordinance. If approval is not made within 30 days, there is no legal liability on the part of the subdivision or taxing district.

Amounts of less than $100 for counties, or less than $3,000 for other political subdivisions, may be paid by the fiscal officer without such affirmation of the taxing authority upon completion of the “then and now” certificate, provided that the expenditure is otherwise lawful. This does not eliminate
any otherwise applicable requirement for approval of expenditures by the taxing authority. [Section 5705.41(D)].

WHEREAS, the Finance Director states that there was sufficient unencumbered cash available in the Village General and Street Funds for payment of these invoices both at the time the services were requested and at the time the balances were certified. Those expenditures are as follows:

LSL Planning $5,161
Utility Financial Solutions $8,500
Stephen Campbell & Assoc., Inc. $3,128
Enoch’s Tree Care $4,000
KT Design & Production $4,685


Section 1. The Village Finance Director and the Village Manager are hereby authorized to draw warrants on the Village Treasury for payment to the above named vendors from accounts 101-1202-53104, 101-1003-53104, 101-1201-53146, 601-1302-53120 and 202-1411-53104 respectively upon receiving proper “then and now” certificates and vouchers therefore.

Section 2. This Ordinance is hereby declared to be an emergency measure for the reasons set forth in the preamble above and shall take effect at the earliest date permitted by law.

Judith Hempfling, President


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