The text
Footnotes:
--- (7) --- Cross reference— Any ordinance promising or guaranteeing the payment of money by the town, or authorizing the issuance of any bonds of the town, or any evidence of the town's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the town or creating interest in sinking funds saved from repeal, § 1-10(1); any appropriation ordinance or any ordinance levying or imposing taxes saved from repeal, § 1-10(6); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-10(7); any ordinance creating special districts or assessing taxes therefor saved from repeal, § 1-10(13); any ordinance granting specific tax exemption saved from repeal, § 1-10(14); fees and charges, ch. 11; taxation, ch. 27.
DIVISION 1. - GENERALLY#
Sec. 2-176. - Balanced budget.#
(a)
The annual operating budget as adopted by the town council shall provide for liquidating any actual or anticipated deficit of the previous general fund operating budget ("operating budget") within such fiscal year or otherwise in accordance with state law.
(b)
After final passage of the budget, no amendments shall be made which would have the net effect of increasing the aggregate total of appropriations therein unless there has been a corresponding actual receipt of revenues by the town.
(c)
Transfer of funds among line items of the budget may be made by the town administrator provided he or she has consulted with the applicable department head and a report of the transfer is submitted to the town council. Transfers of funds from one department to another department may be requested by the town administrator and must be approved by the town council. No expenses, contract obligations, or other encumbrances shall be incurred under any line item which will cause such appropriation under the line item to be exceeded without first meeting the requirements of this section; provided, however, that contract obligations for ongoing labor negotiations for which the town is legally bound to incur shall be permitted provided that such additional contract obligation is not implemented until a corresponding revenue source has been identified by the town administrator and approved by the town council.
(d)
On October 1, January 1, April 1, May 1 and June 1 of each fiscal year, the town council shall review actual revenues, and if the town council determines that actual revenues do not equal the original estimates upon which appropriations were based subject to the credits and debits permitted under subsections (b) and (c) of this section, the town council shall, by ordinance and upon recommendation of the town administrator, make such reductions or suspensions in the appropriations for any and all departments as will prevent the occurrence of a deficit.
(e)
The town administrator and the town council shall use for purposes of estimating revenues in preparation of the budget for the ensuing fiscal year, as an original estimate of tax collections, a rate of 95 percent of the amount to be levied in the fiscal years ending June 30, 2006 and thereafter, unless the town has established and maintained an unencumbered surplus fund equal to no less than eight percent of the operating budget. A tax collection rate of 95 percent shall not be increased by further ordinance change or vote of the town council unless and until the town has established and maintained a surplus fund equal to no less than eight percent of the operating budget. In no event shall the town council use a collection rate of more than 98 percent. The rate shall be determined and voted at the time the budget is adopted.
(f)
On July 1 of each year, unspent or unencumbered capital fund appropriations from the previous year shall revert to a fund within the general fund for the purpose of making capital purchases.
(Code 1972, § 2-11; Ord. No. 1998-16, 6-3-98; Ord. No. 2000-22, 8-2-00; Ord. No. 2006-11, 5-10-06; Ord. No. 2009-06, 6-3-09)
Sec. 2-177. - Authority of finance director to borrow money for town appropriations.#
The finance director is hereby authorized and empowered, under the direction of the town council, to borrow money from time to time upon the town's notes, the amount so borrowed in any one year to comply with the criteria set out by state law and the Charter; provided, that the giving of a new note for the purpose of taking up an outstanding note shall not be construed to be a borrowing of money under this section, but the director is hereby authorized to issue a new note for that purpose.
(Code 1972, § 2-4)
Sec. 2-178. - Drawing, signing and recording of town notes.#
All notes of the town shall be drawn and signed by the finance director, and shall be countersigned by the town administrator unless otherwise required by law or special legislation. The finance director shall keep a record of all notes so countersigned by him, which record shall show the date of issue, the number of the note, where, when and to whom it is payable, and the amount of the same.
(Code 1972, § 2-5)
Sec. 2-179. - Administrative financial assistant.#
There is hereby created a position of administrative financial assistant, which is to be ap pointed by the town administrator, who is to serve at the pleasure of the town administrator, and who is to perform those duties and activities as may be assigned by the town administrator.
(Code 1972, § 2-9)
Charter reference— Authority of town administrator to appoint finance department personnel with council approval, § 7.01.
Secs. 2-180—2-200. - Reserved.#
DIVISION 2. - PURCHASING#
Sec. 2-201. - Bids, contracts required for departmental purchases from nonbudgeted funds.#
(a)
Whenever the town administrator, any department head, or town official makes a request of the town council for additional (nonbudgeted) funds over $3,000.00, the official must first provide the council with at least three bona fide bids, procured in the same manner as purchase bids are obtained before the council shall commit new funds.
(b)
No contract for services with the town shall be valid unless there is a specific appropriation for such services and unless the contract or a copy thereof is filed with the town council at the next regular meeting following the making or execution of a contract.
(c)
No contract under section 705 of the Charter requiring bids shall be valid unless there is a specific appropriation for such contract and unless the contract or a copy thereof is filed with the town council at the next regular meeting following the making or execution of a contract.
(d)
Any contract that fails to conform with this section shall be null and void, at the option of the town council, and the town shall not be responsible for payment thereunder.
(Code 1972, § 2-7; Ord. No. 2021-18, 10-20-21)
Sec. 2-202. - Procedures for competitive bidding.#
(a)
Public notice to bid. No purchase of supplies, materials, or equipment, nor any contract for work to be performed for the town, whose cost shall exceed applicable limits as established by RIGL chapter 55 of title 45 as amended (except contracts for professional services), shall be authorized unless competitively bid upon as follows:
(1)
Publication. All requests for bids must appear at least two times (all ads within one calendar week shall constitute one appearance) with at least one as appearing not less than seven days nor more than 21 days before the date set for opening of the bids published in a newspaper of general circulation in the town by the town clerk.
(2)
Prospective bidders. In addition, known suppliers or contractors may be invited to bid.
(b)
Bids. All bids must be in writing, sealed and clearly marked on the outside carrier "bid," together with a title or description of the item bid upon and marked with the date and time of official opening of the bid. All bids must be returned to the town clerk and retained by the town clerk in a sealed condition until official bid opening. The town clerk may refuse any bid not sealed or properly marked and any bid received later than the advertised deadline.
(c)
Bid opening. All bids are to be opened publicly in full view of the public at the time and place designated in the invitation for bids in the presence of the town administrator, town clerk and affected department head, or their designees. All bids shall be recorded by the clerk and forwarded to the town administrator and town council.
(d)
Bid award. It shall be determined by the town council who is the lowest responsible bidder. The town administrator shall award the bid. The town council may reject any or all bids if deemed to be for the best interest of the town, including, but not limited to, rejection of a bid if a service provider is in default of the payment of taxes, licenses or other monies due to the town at the time and date of the bid award. The town council may award the bid to a service provider that owes taxes, licenses or other monies to the town only if all amounts paid to the service provider pursuant to such award are first applied toward the payment of outstanding taxes, licenses or other monies, until such amount (plus interest and penalties, if any) is paid in full.
(e)
Bond required. All bids for work to be performed for the town, as well as contracts for professional services, must be accompanied by a performance bond. A copy of performance bond must accompany all requests for payments submitted by department heads. This requirement may be waived by written determination of the town administrator for contracts under $20,000.00 if it is in the town's best interest and if said waiver is set forth in the request for proposals issued by the town.
(f)
Verbal quotations required. Notwithstanding the above, and in all cases of purchases whose cost shall exceed $3,000.00 but not exceed the threshold over which competitive sealed bidding is required pursuant to RIGL 45-55-5, three or more verbal quotations followed by written confirmation shall be solicited by department heads and such purchase shall be made on the basis of the lowest feasible quotation received pursuant to execution of a purchase order. Notation of the verbal quotations shall be entered in the record of each such purchase.
(Code 1972, § 2-8; Ord. No. 2001-32, 10-24-01; Ord. No. 2004-10, 4-21-04; Ord. No. 2008-18, 9-10-08; Ord. No. 2014-10, 10-29-14; Ord. No. 2021-18, 10-20-21)
Sec. 2-203. - Purchases not subject to competitive bidding.#
The town may purchase materials, supplies, goods, equipment and services not subject to the provisions of section 2-201 from a provider that owes overdue taxes, license fees or other monies to the town only if all amounts paid to the service provider pursuant to such award are first applied toward the payment of overdue taxes, license fees or other monies, until such amount (plus interest and penalties, if any) is paid in full. A copy of the provisions of this section will accompany all purchase orders.
(Code 1972, § 2-10)