[Amended by L.L. No. 17-1961; L.L. No. 1-1972]
There shall be a Board of Estimate and Contract, which shall
consist of the Mayor, the Comptroller, and the President of the City
Council. Whenever the President of the City Council becomes Acting
Mayor, the President Pro Tempore of the City Council shall be a member
of the Board of Estimate and Contract. Whenever the President Pro
Tempore of the City Council becomes Acting Mayor, the Acting President
Pro Tempore of the City Council shall be a member of the Board of
Estimate and Contract; when the Acting President Pro Tempore of the
City Council becomes Acting Mayor, he shall be a member of the Board
of Estimate and Contract. The Mayor shall be President of the Board.
The City Clerk shall keep a journal of all proceedings thereof, and
shall perform such additional duties as may be required by the Board,
or by law or ordinance of the City Council.
[Amended by L.L. No. 6-1960]
The Board of Estimate and Contract, except as otherwise provided
by law, shall have authority to fix the salaries or compensation,
and determine the positions and numbers of all City officers and employees
of each office, board and department, including the officers and employees
of the Board of Water Supply of the City of Mount Vernon.
[Amended by L.L. No. 1-1931; L.L. No. 2-1938][1]
The Board of Estimate and Contract before designating depositaries
for any City funds, shall give reasonable notice to all incorporated
banks and trust companies in the City and to such incorporated banks
and trust companies in New York City or elsewhere within the State
of New York as it shall deem advisable; said Board shall designate
as depositaries of City funds one or more such banks or trust companies
in the City and may, in its discretion, designate one or more in New
York City or elsewhere within the State of New York. Not less than
two depositaries shall be designated for the City funds and one or
more for the sinking fund.
[1]
Note: See also L.L. No. 6-1960.
[Amended by L.L. No. 4-1948; L.L. No. 12-1960; L.L. No. 9-1968; L.L. No. 1-1975; L.L. No. 1-1979; L.L. No. 1-1984; L.L. No. 3-1992; 11-23-2010 by L.L. No. 1-2011, approved 12-15-2010]
Except as otherwise provided by law, it shall be the duty of
the Board of Estimate and Contract, after public notice and in accordance
with regulations to be prescribed by general ordinance of the City
Council, to let to the bidder whose bid is deemed by the Board of
Estimate and Contract to be the most advantageous to the City and
who will give security therefor all contracts for the performance
of any public work and the supply of any material required by or for
the use of any officer, board, body or department of the City involving
an expenditure prescribed by § 103 of the General Municipal
Law unless, by ordinance of the City Council adopted by a vote of
a majority of all the members and approved by the Board of Estimate
and Contract, it is determined to be impracticable to procure such
work or materials or both by contract, in which case said ordinance
shall designate the officer, board or department to perform such work
or purchase such materials. In case of public emergencies involving
accident or other injury by which the heating or plumbing of any of
the public buildings or any of the fire- or waterworks apparatus shall
become disabled, the Commissioner having jurisdiction thereof shall
cause repairs thereto to be made without a letting by contract, upon
filing with the Board of Estimate and Contract a certificate, approved
by the Mayor, showing such emergency and the necessity for such repairs.
In cases of public emergency where the peace, health, safety and welfare
of the City's inhabitants are involved, the City Council may, by ordinance
adopted by a vote of a majority of its members and approved by the
Board of Estimate and Contract, permit the waiver of bids and designate
the officer, board or department to perform such work or purchase
such materials as are necessary due to such public emergency. The
Board shall have the power to reject all bids or proposals if, in
its opinion, the lowest bid or proposal is excessive. The said notice
shall describe the work and materials for which contracts will be
let and the day and hour and place of the meeting of the Board at
which proposals therefor will be opened. Specifications for the performance
of any work and for the supply of any materials shall be prepared
and set forth with sufficient detail to inform all persons proposing
to bid therefor of the nature of the work to be done and of the materials
to be supplied, and written or printed copies thereof shall be delivered
to all applicants therefor. Every contract for a public improvement
shall be based upon an estimate of the whole cost thereof, including
all expenses incidental thereto and connected therewith, to be furnished
by the proper officer, board or department having charge of such improvements.
No bid or proposal shall be received or contract awarded, other than
for a local improvement or work to be performed by the City which
involves the construction or maintenance of any structure, erection,
obstruction or excavation within, under, over, along or upon any street
or public place within the City, unless the person to whom such contract
shall be awarded shall have a franchise permitting the same.
No contract shall be let, except after the receipt of sealed
bids or proposals therefor, and no bids or proposals shall be received
at any time other than at a regular meeting of said Board and unless
they conform to the rules of the Board and the general ordinances
of the City Council. All bids or proposals must be endorsed by the
title of the work or materials to which they related, and the name
of the bidder and his residence or business address. It shall be the
duty of each member of the Board to be present at the time and place
mentioned in the public notice for the opening of bids or proposals,
and such meetings shall be open to the public. After all the bids
or proposals have been presented, but not until the time stated in
the public notice for holding the meeting, all bids or proposals shall
be opened by some member of the Board or by its Clerk publicly and
in the presence of the bidders and other persons there present, and
an abstract of all of such bids or proposals, with the prices and
security offered, shall be transcribed in a book kept for that purpose,
without any change, correction or addition whatever. A majority of
the Board need not be present when such bids or proposals are opened.
The Board may reject all bids or proposals received at any meeting
and advertise again for new bids or proposals to be received at another
meeting as above described. No person submitting, or on whose behalf
a bid or proposal is submitted, nor the principal or sureties on any
bond or security accompanying the same shall have the right to withdraw
or cancel any such bid, or proposal, or bond until the Board shall
have awarded the contract for which such bid or proposal is made,
and such contract shall have been duly executed. All proposals or
bids submitted as provided in this chapter shall be accompanied by
a certified check, cash or bid bond, for at least 5% of the amount
of such bid or proposal. Performance bonds are not required on any
proposal on a purchase contract where the total contract is $25,000,
or less.
[Amended by L.L. No. 15-1960; L.L. No. 3-1961; L.L. No. 1-1972]
The City Council shall, by general ordinance, prescribe, approve,
and adopt the kinds of material to be used in paving, repaving, repairing,
surfacing or resurfacing the streets and public places of the City,
and fix the standard of excellence and test required for each such
material. Specifications for the performance of the work involved
in such improvements with each kind of material so prescribed, approved
and adopted shall be the standard construction specifications for
like improvements with like materials adopted by the State of New
York, Department of Public Works, on January 2, 1957, or as the same
may hereafter be amended. The City Engineer shall prepare standard
specifications in accordance with such ordinance for the performance
of the work involved in such improvement with each kind of material
so prescribed, approved and adopted therefor. Whenever the City Council
shall determine to make any such improvement, and the proceedings
provided by law as preliminary thereto shall have been taken, the
Board of Estimate and Contract shall advertise for proposals for the
furnishing of the materials and the performance of the work involved
in such improvements, and specifications shall be prepared and proposals
shall be invited pursuant to the provisions of the Charter, for the
construction of such improvement with each kind of material so prescribed,
approved and adopted by the City Council. In any case where the City
Council shall determine that the expense of any such improvement is
to be assessed against the properties abutting upon the street, or
part thereof, to be improved, and more than one kind of material is
prescribed in the ordering ordinance, thereby permitting the Board
of Estimate and Contract to make a choice between alternate materials
for the street pavement, or for the street curb, or for the sidewalk,
then within one week after such proposals on alternate materials have
been received and opened, the Clerk of the Board of Estimate and Contract
shall cause to be published in the official newspaper or papers for
two successive days, exclusive of Sundays or holidays, a notice containing
a summary statement of such proposals on alternate materials. A majority
of the property owners, owning not less than one-third of the feet
front of property abutting on such street, exclusive of City property,
may file with the Board of Estimate and Contract and with the City
Council, not later than five days after the last publication of such
summary statement, a petition or other writing, designating the kind
of material desired by them to be used for the portion of the improvement
for which proposals on alternate material have been received by the
Board of Estimate and Contract. The City Council shall, not less than
10 days thereafter, hold a public hearing thereon. If after such public
hearing, the material or materials designated by such owners be found
advisable, suitable and satisfactory to the City Council it shall
amend the ordering ordinance by directing such designated material
to be used and shall eliminate other alternates and the Board of Estimate
and Contract shall award the contract to a bidder who submitted a
bid on the material so designated and whose bid is deemed to be the
most advantageous to the City. Unless the City Council amends the
ordering ordinance at the next succeeding legislative meeting following
the date of such hearing such petition or petitions shall be deemed
rejected and the alternate materials designated by the City Council
in the ordering ordinance shall be the only ones considered and the
Board of Estimate and Contract shall choose among the alternates and
shall award the contract to the bidder whose bid shall be deemed the
most advantageous to the City.
[1]
Editor's Note: Former § 76, Contracts for lighting,
was repealed by L.L. No. 38-1961.
[1]
Editor's Note: Former § 77, Limitation on contracts
and expenditures, was repealed by L.L. No. 39-1961.
[1]
Editor's Note: Former § 78, First departmental estimates,
was repealed by L.L. No. 40-1961.
[Amended by L.L. No. 6-1933; L.L. No. 2-1937; L.L. No. 1-1957; L.L. No. 10-1960; L.L. No. 4-1963; L.L. No. 1-1994]
The fiscal year of the City shall commence on the first day
of January. On or before the thirty-first day of August thereafter
in each year, all heads of departments, including the Commissioner
of the Board of Water Supply of the City of Mount Vernon, New York,
and officers empowered by law or by 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 and offices, including a statement of the salaries of
their subordinates, which estimates the Mayor shall lay before the
Board of Estimate and Contract at its first meeting thereafter, and
the same shall be entered in all minutes.
No longer applicable.
[Amended by L.L. No. 4-1967; L.L. No. 3-1970; L.L. No. 2-1971; L.L. No. 3-1975; L.L. No. 2-1976; L.L. No. 3-1982]
(a)
Not later than November 23, and if that day falls on a Saturday,
Sunday or legal holiday, then the next business day, but not sooner
than two days after it holds a public hearing in relation thereto,
the Board of Estimate and Contract shall complete and adopt an itemized
statement in writing of the itemized revenue and expenditures of the
City for the ensuing fiscal year, which statement shall be known as
the annual estimate.
(b)
Before it adopts said annual estimate, the Board of Estimate and
Contract shall give a public hearing to such persons as wish to be
heard in relation thereto, which public hearing shall be held no later
than November 19th, unless said date falls on a Saturday, Sunday or
legal holiday in which event the public hearing shall be held on the
next business day.
(c)
Notice of said public hearing together with a summary of the proposed
estimate shall be published once in the official City newspaper no
later than October 25, unless said date falls on a Saturday, Sunday
or legal holiday, in which event said notice and summary of the proposed
estimate shall be published on the following business day. Copies
of the proposed estimate will be available for inspection by the public
in the office of the City Clerk upon publication of the notice.
[Amended by L.L. No. 2-1994]
(d)
The estimated revenues shall contain an estimate of the probable
revenues, which, in the judgment of the Board of Estimate and Contract,
will be received by the City during the fiscal year, less the amount
required to be deposited to the credit of the sinking fund, if any;
a statement of the amount of the sinking fund, which, in the judgment
of the Board of Estimate and Contract, is available and should be
applied to the payment of the principal of any bonded indebtedness
of the City falling due during the said fiscal year; and a statement
of all unexpended balances, or estimated unexpended balance of the
current fiscal year remaining to the credit of the City, or of any
office, board or department thereof. The estimate of expenditures
shall contain an estimate of the several amounts of money which the
Board of Estimate and Contract deems necessary to provide for the
expenses of conducting the business of the City in each board, department
and office thereof and for the various purposes contemplated by this
chapter and otherwise by law for the said fiscal year; to pay the
principal and interest of any bonded or other indebtedness of the
City falling due during the said fiscal year; and the amount of any
judgments recovered against the City and payable during the said fiscal
year. Immediately after said annual estimate shall have been adopted,
the Board of Estimate and Contract shall submit the same in final
form to the City Council with a statement in writing of such reasons
for such estimate as it may deem proper, by filing same with the City
Clerk. The City Council shall, as soon thereafter as may be possible,
convene and consider said estimate. It shall give a public hearing
to such persons as wish to be heard in reference thereto. After such
hearing and on or before December fifth, the City Council shall adopt
such estimate so submitted or shall diminish or reject any items therein
contained and adopt said estimate as so amended. The City Council
shall not have the power to diminish or reject any item which relates
to salaries, the indebtedness or estimated revenues, or the sums estimated
as necessary to pay the tax to be levied within the City for state
and county purposes, or the sums lawfully payable within said fiscal
year upon judgments; nor shall the City Council have the power to
increase any item for any purpose contained in said estimate.
(e)
The said annual estimate shall be arranged so to give in a parallel
column the respective budget appropriations for the various items
of expense and the other purposes contained therein for the current
fiscal year.
(f)
There shall be no combination or grouping of items in any one code
but each item shall be separately and distinctly set forth with the
appropriation therefor.
(g)
The said annual estimate shall have appended thereto supplementary
reports reflecting the financial status of each federal, state or
county program and/or project to be submitted by the Director of each
such program and/or project in which the City or any agency, department,
board or commission thereof is a participant, including therein a
schedule of all funds received and appropriated by the City under
each said program and/or project, and a general statement of the purposes
for which such funds have been allocated and expended, and the amount
of funds remaining in each account and to be received by the City
for each such program and/or project.
(h)
Upon request of the City Council, department heads shall be required
to attend meetings of the City Council or of any committee thereof,
in relation to the proposed appropriations in the annual estimate
for the department of which he is the head.
(i)
The said annual estimate shall have appended thereto a statement
setting forth the total net indebtedness of the City as of September
30 of the current year, which said statement shall include a schedule
of the bonds, notes, or other evidences of indebtedness of the City,
the date such obligations were authorized, the type and amount of
such obligations, the amount outstanding and the object or purpose
for which such obligations were authorized.
(j)
Any vacant position for which a salary appropriation is indicated
shall be appropriately marked to reflect such vacancy.
(k)
The said annual estimate shall separately and distinctly set forth
by department, board, agency or commission all revenues received in
the form of fees or charges.
[1]
Editor's Note: Former § 81-a, Supplemental tax budget
for year 1934, was repealed by L.L. No. 41-1961.
[Added by L.L. No. 2-1951; amended by L.L. No.
2-1953; L.L. No.
3-1957; L.L. No.
19-1961; L.L.
No. 1-1972]
The estimate of expenditures shall contain an estimate of the
several amounts of money which the Board of Estimate and Contract
deems necessary to provide for the expense of operating, maintaining,
repairing and supervising of parking meters and municipal parking
lots, including the cost of the collection of coins from the meters.
The estimated revenues shall contain an estimate of the probable revenues,
which, in the judgment of the Board of Estimate and Contract, will
be received by the City during the fiscal year from the collection
of coins from parking meters and from the collection of fees from
parking lots.
The annual estimate shall also provide for an appropriation
of the estimate net earnings from parking meters and parking lots,
being the difference between the revenues as estimated from such sources
and cost of maintenance of such parking meters and parking lots as
estimated and set forth in the preceding paragraph, to be contributed
and transferred annually from the budget funds to a special fund to
be known as the "Traffic Improvement Fund," to be devoted solely to
the improvement of parking and traffic facilities, including the purchase
of parking lots and facilities for off-street parking. No expenditure
from the said special fund shall be made except upon the authorization
of the City Council by ordinances duly adopted.
The estimate of revenues shall also contain an estimate of the
probable revenues, which, in the judgment of the Board of Estimate
and Contract will be received by the City during the fiscal year from
the collection of street opening fees, and the estimate of expenditures
shall contain, an estimate of the amount of money which the Board
of Estimate and Contract deems necessary to provide for the expense
of repairing and repaving the street areas that have been opened pursuant
to street opening permits.
[Amended by L.L. No. 1-1972]
The amount of estimated expenditures contained in the annual
estimate adopted by the City Council, less the amount of estimated
revenues applicable to the payment thereof, and the amount of all
judgments payable prior to the tax levy, shall constitute the tax
budget.
[Amended by L.L. No. 1-1972]
When the City Council shall have adopted the first annual estimate as provided in § 81 of this chapter, the same shall be entered at large in its minutes and become a part of its proceedings. 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 ensuing fiscal year. The several sums therein enumerated as estimated revenues and the moneys necessary to be raised by tax in addition thereto to pay the 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 appropriations. In case the revenues received by the City exceed the amount of such revenues named in such first annual estimate, or in case there remain any unexpended balances of appropriations made for the support of the City government or for any other purpose, then such surplus revenues or such unexpended balances shall, except as otherwise provided by law, remain on deposit and be included as a part of the estimated revenues for the succeeding year. Nothing herein contained shall prevent the transfer prior to the close of the fiscal year of unexpended balances from one department, officer or purpose to another department, officer or purpose provided such transfer be authorized by resolution duly adopted by the Board of Estimate and Contract and by the City Council.
[Amended by L.L. No. 4-1957; L.L. No. 1-1972]
When the City Council shall have adopted the final estimates
of the Board of Estimate and Contract, or said estimate as amended
by it, the same shall be entered at large in its minutes and become
a part of its proceedings. The several sums estimated for expenditures
herein 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 the 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 appropriations. In case the revenues received
by the City exceed the amount of such 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 purpose,
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. However,
if the City Council and the Board of Estimate and Contract shall authorize
the Comptroller to borrow upon a budget note, the Comptroller may,
in his discretion, withdraw funds from such surplus revenues or such
unexpended balances, if there be any, rather than borrowing upon a
budget note and use the funds for the purpose for which the budget
note was authorized. Nothing herein contained shall prevent the transfer
prior to the close of the fiscal year of unexpended balances from
one department, officer or purpose to another department, officer
or purpose provided such transfer be authorized by resolution duly
adopted by the Board of Estimate and Contract and by the City Council.
[Added by L.L. No. 1-1947; amended by L.L. No.
5-1957; L.L. No.
11-1960; L.L.
No. 20-1961; L.L.
No. 1-1985; amended by L.L. No. 3-1994]
It is hereby provided that a reserve for delinquent taxes be
established from the current fund surplus and is confirmed in the
amount appearing as such on the books of the Comptroller as of December
31, 1946. The reserve for delinquent taxes herein established and
confirmed shall consist of uncollected outstanding delinquent taxes,
properties owned by the City acquired by foreclosure proceedings,
mortgages receivable and cash realized therefrom. Said reserve for
delinquent taxes may not be impaired or reduced in any way except
by authorized cancellation of delinquent taxes erroneously levied
or by net losses sustained in the disposal by sale of properties foreclosed
for nonpayment of taxes. The reserve hereby established is to provide
a working fund of tangible resources by which may be accumulated a
cash reserve equal to 4% of the current fiscal year's taxes to finance
temporarily the year and delinquency of currently levied taxes.
It shall be the duty of the Comptroller and he is hereby directed to prepare and submit in writing to the Board of Estimate and Contract, not later than the 15th day of October of each year, a valuation of the said reserve for delinquent taxes as of the 30th day of September of the same year, setting forth the tangible resources of the reserve as of the valuation date, for the purpose of ascertaining the amount of cash accumulated in the reserve which may be applied to the reduction of the budget for the next succeeding tax year as an unexpended balance in accordance with the provisions of § 84 and to restrict the use of such accumulated cash.
Whenever at such date, the Comptroller has reported the amount
of cash available in the reserve for delinquent taxes to be in excess
of 4% of the total real estate taxes levied in the City for all purposes
for the current fiscal year and the total amount of any loans or notes
outstanding issued in anticipation of the collection of taxes, the
amount of the excess shall be declared by the Board of Estimate and
Contract to be available for the reduction of the budget being prepared
for the next fiscal year. The excess cash available in the reserve
so declared must be appropriated by resolution of the Board of Estimate
and Contract which shall set forth that such amount is to be deducted
from the tentative tax levy for the next succeeding year as an amount
declared available in the reserve for delinquent taxes for the reduction
of such tax levy and not as surplus revenue or operating surplus.
[Added by L.L. No. 21-1961]
All acts of the Board of Estimate and Contract shall be determined
by a roll call of its members, and a statement of the choice of each
member of the yeas and nays, if any, shall be recorded by the City
Clerk.
