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§ 159-28. Budgetary accounting for appropriations. <br />(a) Incurring Obligations. — No obligation may be incurred in a program, function, or <br />activity accounted for in a fund included in the budget ordinance unless the budget ordinance <br />includes an appropriation authorizing the obligation and an unencumbered balance remains in <br />the appropriation sufficient to pay in the current fiscal year the sums obligated by the <br />transaction for the current fiscal year. No obligation may be incurred for a capital project or a <br />grant project authorized by a project ordinance unless that project ordinance includes an <br />appropriation authorizing the obligation and an unencumbered balance remains in the <br />appropriation sufficient to pay the sums obligated by the transaction. Nothing in this section <br />shall require a contract to be reduced to writing. <br />(al) Preaudit Requirement. — If an obligation is reduced to a written contract or written <br />agreement requiring the payment of money, or is evidenced by a written purchase order for <br />supplies and materials, the written contract, agreement, or purchase order shall include on its <br />face a certificate stating that the instrument has been preaudited to assure compliance with <br />subsection (a) of this section. The certificate, which shall be signed by the finance officer, or <br />any deputy finance officer approved for this purpose by the governing board, shall take <br />substantially the following form: <br />"This instrument has been preaudited in the manner required by the Local Government <br />Budget and Fiscal Control Act. <br />(Signature of finance officer)." <br />(a2) Failure to Preaudit. — An obligation incurred in violation of subsection (a) or (al) of <br />this section is invalid and may not be enforced. The finance officer shall establish procedures to <br />assure compliance with this section, in accordance with any rules adopted by the Local <br />Government Commission. <br />(b) Disbursements. — When a bill, invoice, or other claim against a local government or <br />public authority is presented, the finance officer shall either approve or disapprove the <br />necessary disbursement. If the claim involves a program, function, or activity accounted for in <br />a fund included in the budget ordinance or a capital project or a grant project authorized by a <br />project ordinance, the finance officer may approve the claim only if both of the following <br />apply: <br />(1) The finance officer determines the amount to be payable. <br />(2) The budget ordinance or a project ordinance includes an appropriation <br />authorizing the expenditure and either (i) an encumbrance has been <br />previously created for the transaction or (u) an unencumbered balance <br />remains in the appropriation sufficient to pay the amount to be disbursed. <br />The finance officer may approve a bill, invoice, or other claim requiring disbursement from <br />an intragovemmental service fund or trust or agency fund not included in the budget ordinance, <br />only if the amount claimed is determined to be payable. A bill, invoice, or other claim may not <br />be paid unless it has been approved by the finance officer or, under subsection (c) of this <br />section, by the governing board. The finance officer shall establish procedures to assure <br />compliance with this subsection, in accordance with any rules adopted by the Local <br />Government Commission. <br />(c) Governing Board Approval of Bills, Invoices, or Claims. — The governing board <br />may, as permitted by this subsection, approve a bill, invoice, or other claim against the local <br />government or public authority that has been disapproved by the finance officer. The governing <br />board may not approve a claim for which no appropriation appears in the budget ordinance or <br />in a project ordinance, or for which the appropriation contains no encumbrance and the <br />unencumbered balance is less than the amount to be paid. The governing board shall approve <br />payment by formal resolution stating the board's reasons for allowing the bill, invoice, or other <br />G.S. 159-28 AtteBogot Number z m <br />F-7 Page 357 <br />