Whenever the finance board, as that term is
defined by the Local Finance Law, shall authorize the issuance of
obligations, it shall do so by ordinance.
Provisions may be made by the city for the application
of the moneys received from water rents to the redemption of bonds
or bond anticipation notes issued for water supply purposes. (L. 1919,
c. 527; L. 1943, c. 710)
The director of finance shall superintend the
fiscal affairs of the city and manage the same pursuant to law. He
shall keep a separate account with every office, bureau and department,
and with each improvement for which funds are appropriated or raised
by tax or assessment. No fund shall, be overdrawn nor shall any warrant
be drawn against one fund or appropriation to pay a claim chargeable
to another. The director of finance shall demand, collect, receive
and have the care and custody of and shall disburse all moneys belonging
to or due the city from every source, except as otherwise provided
by law. All moneys of the city received by the director of finance
shall be deposited by him daily in such banks or trust companies as
shall be designated by the board of estimate and contract for such
purpose. The interest upon all deposits shall be the property of the
city and shall be accounted for and credited to the appropriate fund.
No money shall be drawn from a city depository except on check or
draft signed by the director of finance and countersigned by the mayor,
and made payable to the person entitled to receive the same, provided,
however, that the signatures of the director of finance and the mayor
on any check or draft may be a facsimile, imprinted, stamped or engraved
thereon. Every check or draft drawn against city funds shall state
particularly against which of such funds it is drawn. The director
of finance shall perform such other duties as may from time to time
be prescribed by law, or by ordinance of the council, not inconsistent
with the provisions of this chapter, or the laws of the state. (L.L.
1-1969, 1-9-1969)
Any bank, bankers or banking association so
designated, in lieu of any undertaking required or permitted by law
to be executed by a surety company, may deposit with any bank, bankers
or banking association approved by the Director of Finance of the
City of Watervliet, outstanding unmatured, registered bonds of the
United States of America, bond of the State of New York or of any
county or city in the State of New York, certificates of indebtedness
of the City of Watervliet or any bonds rated by standard statistics
published by Standard Statistics Company, Incorporated, as at least
A-1 or A or B-1, or bonds rated by Moody's manual published by Moody's
Investors Service Corporation as at least AAA, AA or BAA approved
as to amount and sufficiency in like manner as such bank, bankers
or banking association are approved. The deposit of such securities
shall be in compliance with a letter from the bank, bankers or banking
association owning said securities to the bank, bankers or banking
association where said securities are deposited to the effect that
said latter institution is authorized to deliver all or any part of
the securities so deposited to or upon the order of the Director of
Finance of the City of Watervliet on receipt of a written statement
from said director of finance of the default in the repayment of city
deposits by said depositing banking institution; said letter also
to state that such written statement of the director of finance shall
be sufficient evidence of such default but the delivery of said securities
so deposited shall be deferred until three days after the mailing
by the bank, bankers or banking association where said securities
are deposited to the depositing bank of a notice of intention to make
delivery of such securities to the Director of Finance of the City
of Watervliet; such letter shall also contain a statement that until
receipt of notice of any such default the income collected from said
securities shall be paid to the bank, bankers or banking association
owning said securities; said letter shall contain a further statement
that withdrawals and substitution of securities may be made only with
the consent of the Director of Finance of the City of Watervliet and
securities are to be returned to the depositing bank only upon the
consent of said director of finance. (L. L. 1-1940)
No claim against the city except for a fixed
salary, for the principal or interest on a bonded,or funded debt or
other loan, or for the regular or stated compensation of officers
or employees in any city department, or for work performed or materials
furnished under contract with the board of estimate and contract,
shall be paid unless a claim therefor, rendered in duplicate and verified
by or on behalf of the claimant, in such form as the commissioner
of accounts shall prescribe, and approved by the head of the department
or office whose action gave rise or origin to the claim, and, if the
claim be based upon an open market order for the merchandise or material
furnished for work, labor or services rendered, supported by the original
order certified by the chamberlain[1] as to available funds, shall have been presented to the
commissioner of accounts, and shall have been audited and allowed
by him. The commissioner of accounts shall cause each such claim,
upon presentation to him for audit, to be numbered consecutively,
and the number, date of presentation, name of claimant and brief statement
of character of each claim shall be entered in a book kept for such
purpose, which shall at all times during office hours be so placed
as to be convenient of public inspection and examination. No claim
shall be audited or paid until at least five days have elapsed after
its presentation to the commissioner of accounts and the commissioner
of accounts shall not be required to audit the claim until two weeks
have expired after the expiration of such period of five days. The
commissioner of accounts is authorized in considering a claim, to
require any persons presenting the same for audit to be sworn before
him touching the justice and accuracy of such claim and to take evidence
and examine witnesses in reference to the claim, and for that purpose
he may issue subpoenas for the attendance of witnesses. If the claimant
be dissatisfied with the audit he may appeal to the board of estimate
and contract by serving notice of appeal in writing upon the commissioner
of accounts within ten days after notice of such audit. If any board,
department or officer of the city or any taxpayer be dissatisfied
with any audit, it, or he, may appeal to the same board on behalf
of the city, in like manner, by serving notice of appeal upon the
claimants and commissioner of accounts and the chamberlain at any
time before payment thereof. The board of estimate and contract shall
make rules for the procedure upon the hearing of such appeal and the
decision and audit of that board, after the hearing upon the appeal
to it, shall be final and conclusive as to the amount of the claim;
but if there be no appeal from the original order it shall in like
manner be final and conclusive. Upon the appeal herein provided for,
the commissioner of public safety[2] shall take the place of the commissioner of accounts as
a member of the board. The commissioner of accounts and the board
of estimate and contract upon an appeal to it, as herein provided,
shall have authority to take evidence and examine witnesses in reference
to the claim and for the purpose may issue subpoenas for the attendance
of witnesses; and the commissioner of accounts and each member of
the board of estimate and contract is hereby declared to be ex officio
a commissioner of deeds. When a claim has been finally audited by
the commissioner of accounts he shall endorse thereon or attach thereto
his certificate as to such audit, and the same shall thereupon be
filed in and remain a public record in his office, and a copy thereof
under his certificate to be furnished the chamberlain. If any person
shall present to the commissioner of accounts for audit a claim in
the name of any person or firm other than that of the actual claimant,
he shall be guilty of a misdemeanor.
The chamberlain[1] shall have, under the direction of the board of estimate
and contract, the custody, investment and management of any sinking
funds provided for the payment or redemption of city debts.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The commissioner of accounts, before entering
upon the duties of his office, shall execute and file with the chamberlain[1] an official undertaking in such penal sum as may be prescribed
by the council. The commissioner of accounts shall be ex officio a
commissioner of deeds. He shall keep a book in which shall be shown
at all times the exact condition of the various city funds; and shall
report to the chamberlain at least once a month, or oftener if required,
which report shall show the amount in each fund, together with the
amount in each fund at the time of making the last report. The chamberlain
is authorized and empowered to demand and receive from the commissioner
of accounts a statement of the funds at any time he deems it advisable.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The chamberlain[1] shall, within thirty days after the close of each fiscal
year, prepare and publish in book or pamphlet form a full and accurate
statement in detail, verified by his oath, showing: (1) The receipts
and revenues of the city from all sources and the account which may
be due to the city and uncollected at the close of the fiscal year;
(2) The separate totals of the disbursements from all city funds and
the expenditures in all branches of the city government during the
fiscal year; (3) The cost of the acquisition, construction and operation
of each public utility owned, maintained or operated by the city and
the income derived therefrom. Such publication shall be accompanied
by the statement in detail in separate columns, showing the several
funds belonging to the city, the amount drawn on each fund or appropriation,
and its then present condition, also the several debts and obligations
of the city, the character thereof, when the same are payable and
the rate of interest on each.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The chamberlain may appoint, to hold office
during his pleasure, such subordinates as may be prescribed by the
board of estimate and contract. The chamberlain before entering upon
the discharge of the duties of his office, shall execute and file
with the commissioner of accounts, an official undertaking in such
penal sum as may be prescribed by the council.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
All moneys deposited by the chamberlain,[1] as provided herein, shall be placed to the credit of the
city. The chamberlain shall keep bank books in which shall be entered
his accounts or deposits in, and moneys drawn from, the banks or trust
companies in which such deposits shall be made.
[1]
Editor's Note: Ordinance No. 6, adopted 1-1-1920,
vested the duties of the Chamberlain in the Director of Finance.
The fiscal year of the city shall commence on
the first day of January. On or before the first day of October in
each year all heads of departments and officers empowered by law or
by city ordinance to control or authorize expenditures shall furnish
to the mayor estimates in writing of the amount of expenditures for
the next fiscal year in their respective departments or offices, including
a statement of the salaries of all their subordinates. Said estimate
shall also include a statement of the amount expended from each appropriation
during the preceding twelve months. The mayor shall lay such estimates
before the board of estimate and contract at its first meeting thereafter,
and the same shall be entered in its minutes.
On or before the first day of November in each
year, the board of estimate and contract shall make an itemized statement,
in writing, of the estimated revenues and expenditures of the city
for the fiscal year which shall be known as its annual estimate. Such
estimate shall show in such detail as may be practicable the items
of proposed appropriations for the purposes required to be stated
in the annual estimate and the conditions imposed by the board, if
any, under which the same may be expended.
The annual estimate shall show in such detail
as the board may deem advisable:
1.
The sources of the revenues of the city, other than
from taxation, and an estimate of the probable amounts which will
be received from each by the city during the fiscal year, less the
amount, if any, required to be deposited to the credit of a sinking
fund;
2.
All unexpended balances or estimated unexpended balances
of the previous fiscal year remaining to the credit of the city or
any department, board, commission or officer thereof;
3.
The amount of each sinking fund, which in the judgment
of the board will be available and should be applied to the payment
of any bonded indebtedness of the city falling due during such fiscal
year.
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The annual estimate shall show in such detail
as the board may deem advisable the amounts required for:
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1.
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The salaries and compensation of city officers
and employees as previously fixed by or pursuant to law;
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2.
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The cost of equipment, repairs, renewals, supplies
and other operating expenses for each department, board, commission,
office and court of the city and the rental of suitable buildings
or offices, if required, in buildings not owned by the city;
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3.
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The payment of the principal and interest of
any bonded or other indebtedness of the city falling due during such
fiscal year;
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4.
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The payment of any judgments recovered against
the city and payable during such fiscal year;
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5.
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Other matters or purposes as may be required
by statute or as the board may determine to be necessary for the administration
of the affairs of the city during such fiscal year;
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6.
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Emergencies for which provision is not otherwise
made;
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7.
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The board of estimate and contract may include
in the annual estimate for any department, board, commission or office
a petty cash fund, payable in advance to such department, board, commission
or office in such installments as shall be prescribed therein.
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After said annual estimate shall have been completed,
the board of estimate and contract shall submit the same in final
form to the council with a statement, in writing, of such reasons
for such estimate as it may deem proper. The council shall as soon
thereafter as may be possible, convene and consider the said estimate.
It shall give a public hearing to such persons as wish to be heard
in reference thereto. After such hearing, and within thirty days after
such estimate shall have been submitted to it, the council shall adopt
such estimate so submitted or shall diminish or reject any items therein
contained, and adopt said estimate as so amended. The council shall
not have the power to diminish any items which relate to salaries,
the indebtedness or estimated revenues, or the sums directed by the
board of supervisors of the county to be levied within the city for
state and county purposes, or the sums lawfully payable within said
fiscal year upon judgments; or to the sinking fund, nor shall the
council increase any item for any purpose contained in said estimate.
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When the council shall have adopted the final
estimate of the board of estimate and contract for said estimate as
amended by it, the same shall be entered at large in its minutes and
become a part of its proceeding. The several sums estimated for expenditures
therein shall be and become appropriated in the amounts and for the
several departments, officers, and purposes as therein specified for
the said fiscal year. The several sums therein enumerated as estimated
revenues and the moneys necessary to be raised by tax in addition
thereto to pay expenses of conducting the business of the city and
for the purposes contemplated by this chapter and otherwise by law,
shall be and become applicable in the amounts therein named for the
purpose of meeting said appropriation. In case the revenues received
by the city exceed the amount of such estimated revenues named in
said annual estimate, or in case there remain any unexpended balances
of appropriations made for the support of the city government or for
any other purposes, then such surplus revenues or such unexpended
balances shall, except as otherwise provided by law, remain upon deposit
and be included as a part of the estimated revenues for the succeeding
year. When any moneys or revenues are received by any officer, board
or department of the city, from any source other than by municipal
tax, which are not otherwise appropriated, such moneys or revenues
may be used and applied, toward and in addition to the funds appropriated,
as aforesaid, in such manner as in the judgment of the board of estimate
and contract may be most beneficial to the city.
The amount of estimated expenditures contained
in the annual estimate adopted by the council, less the amount of
estimated revenues applicable to the payment thereof and the amount
of all judgments payable prior to the tax levy, and the city's proportionate
part of the county and state levies shall constitute the tax budget.
The council shall levy and cause to be raised by tax the amount of
said budget, and the amount shall be levied, assessed and raised by
tax upon the real and personal property liable to taxation in the
city at the time and in the manner in this chapter provided.
[1]
Editor's Note: This section was repealed by
the Laws of 1945, Chapter 339, Schedule A, which implemented the Local
Finance Law.
[1]
Editor's Note: This section was repealed by
the Laws of 1945, Chapter 339, Schedule A, which implemented the Local
Finance Law.
(1)
Supplemental Appropriations. If during the fiscal
year the General Manager certifies that there are available for appropriation
revenues in excess of those estimated in the tax budget, the Council
by Resolution or Ordinance may make supplemental appropriations for
the year, up to the amount of such excess.
(2)
Reduction of Appropriations. If at any time during
the fiscal year it appears probable to the General Manager that the
revenues available will be insufficient to meet the amount appropriated,
the General Manager shall report to the Council without delay, indicating
the estimated amount of the deficit, any remedial action taken and
shall make recommendations as to any other steps to be taken. The
Council shall then take such further action as it deems necessary
to prevent or minimize any deficit, and for that purpose it may by
Resolution or Ordinance reduce one (1) or more appropriations.
(3)
Transfer of Appropriations. The General Manager may
at any time during the fiscal year transfer part or all of any unencumbered
appropriation balance amount between programs within a department,
office or agency. Transfers between departments, office or agency
in amounts less than $2000 may be made with joint approval of General
Manager and Director of Finance. For transfers greater than $2000,
upon written request by the General Manager, the Council by Resolution
or Ordinance may transfer part or all of any unencumbered appropriation
balance from one department, office or agency of another.
(4)
Limitations; Effective Date. No appropriation for
debt service may be reduced or transferred, and no appropriation may
be reduced below any amount required by law to be appropriated or
by more than the amount of the unencumbered balance thereof. The supplemental
and emergency appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon
adoption.
(5)
Emergency Appropriations. To meet a public emergency
affecting life, health, property or the public peace, the Council
may make emergency appropriations. Such appropriations may be made
by Resolution and must be approved by at least two (2) Council members.
To the extent that there are no available unappropriated revenues
to meet such appropriations, the Council may be Resolution authorize
the issuance of emergency notes, which may be renewed from time to
time, but the emergency notes and renewals of any fiscal year shall
be paid no later than the last day of the fiscal year next succeeding
that in which the emergency appropriation was made.
(6)
Lapse of Appropriations. Every appropriation, except
any appropriation for a capital expenditure, shall lapse at the close
of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for a capital expenditure shall continue
in force until the purpose for which it was made has been accomplished
or abandoned; the purpose of any such appropriation shall be deemed
abandoned if one (1) year passes without any disbursement from or
encumbrance of the appropriation.
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Any contract, verbal or written, made in violation
of this section shall be null and void as to the city, and no moneys
belonging to the city shall be paid thereon, provided, however, that
nothing herein contained shall prevent the making of contracts for
light or water, the collection and disposal of garbage, the collection
and removal of rubbish and ashes, the cleaning of streets, or the
sprinkling of streets or public places by railway car, for periods
not exceeding one year. (L. 1943, c. 710; L.L. No. 5-2006, 12-7-2006)
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Any officer or member of any board or department
of the city, making or voting for any contract prohibited by the preceding
section, or auditing any account or claim under any such contract,
shall be guilty of a misdemeanor.
