[Code 1964, § 2-6]
The Corporation Counsel is designated as the officer to keep the record of claims filed pursuant to Section 50-f of the General Municipal Law.
[Code 1964, § 2-7]
The City Treasurer, upon the approval of the Corporation Counsel, may execute satisfactions of decree in cases of legacies payable to the City and cause the City's Seal to be affixed to the decree.
[Code 1964, § 2-43.1]
The document entitled "Purchasing Policy and Procedure" and attached to Ordinance No. 105, adopted May 2, 1973, is accepted by the Common Council as a guide to be followed by all officials, agents and employees of the City. Violations of this policy and procedures, with the exception of situations not specifically defined, will be brought to the attention of the Mayor or the Common Council, and they shall have the responsibility to question the parties concerned and shall have the final determination as to the disposition of each violation.
All department heads shall submit purchase requisitions to the purchasing agent who shall obtain the approximate cost of materials and submit the cost to the City Comptroller who shall encumber this amount. After encumbrance, the purchasing agent will authorize the expenditure, and the purchasing agent will then send back to the City Comptroller the finalized voucher for payment.
Anyone who violates this procedure, other than emergency expenditures as provided by law, will be subject to make full payment on the expenditure, thereby putting an end to ratification of expenditures that should follow the normal course.
[Code 1964, § 22-24]
Objectives. The objectives of the City's investment policy and procedures are as follows:
Investments shall be made in a manner to safeguard the funds of the City or funds under the control of the City.
Investments shall be sufficiently liquid to allow funds to be available as needed to meet the obligations of the City.
Funds shall be invested in such a way as to earn the maximum yield possible given the objectives of Paragraphs (1) and (2) of this subsection.
Authorization. The authority to invest is delegated to the Comptroller pursuant to Section 63 of the Second Class Cities Law and in accordance with the General Municipal Law and the Local Finance Law. The City Comptroller may invest funds in the following:
Obligations of the state.
Obligations of the United States government or obligations of federal agencies whose principal and interest are guaranteed by the federal government.
Time deposit accounts placed in a commercial bank or trust company authorized to do business in the state, providing the account is collateralized.
Certificates of deposit issued by a commercial bank or trust company authorized to do business in the state and collateralized.
Securities purchased pursuant to a repurchase agreement.
Collateral. All investments of the City, except repurchase agreements and direct purchases, of obligations of the state or its municipalities or direct obligations of the federal government shall be secured by the pledge of securities (collateralized). Collateral is required in excess of federal deposit insurance coverage (FDIC) to the extent allowed and, if necessary, shall consist of unmatured obligations of the United States of America or of federal agencies whose principal and interest are fully guaranteed by the United States of America or of the state or political subdivisions of the state. Securities pledged as collateral shall be in conformance with Section 3-B of General City Law and shall be specifically identified and deposited in an account under the control of the City. The Comptroller shall be advised in writing as to the securities to be pledged as collateral and shall approve them in writing as to amount, type of security and conformance to this policy. Pledged securities shall not be released or substituted except upon written authorization by the Comptroller. The market value of the securities pledged shall be at least 100% of the investments being secured.
Investment vehicles. The following requirements shall be met in making investments:
Purchase of obligations. When obligations of the state or one of its political subdivisions or of the United States government or of a federal agency whose obligations are guaranteed by the United States of America are purchased directly by the City, the name of the City as owner shall be inscribed on the securities and they shall be delivered to the City or its designated depository for safekeeping. If in book entry form, the securities shall be registered in the name of the City.
Certificates of deposit. Investments in certificates of deposit shall be collateralized in the manner described in Subsection (c) of this section. Either the City will take possession of the actual certificates and hold them in a secure place or the certificates will be held by a third party.
Repurchase agreements. Securities purchased under a repurchase agreement (repos) shall be limited to obligations of the United States government or of federal agencies whose principal and interest are guaranteed by the federal government. The term of repos shall generally not exceed 90 days. Each repo shall be confirmed in writing by the seller, and each security purchased under a repurchase agreement shall be specifically identified and segregated from the assets of the seller and delivered for safekeeping into an account designated by the City.
Deposits. The Board of Estimate and Apportionment shall annually designate depositories for funds of the City and shall establish a dollar limit of exposure or total involvement in each depository. These depositories shall only be commercial banks or trust companies authorized to conduct business in the state. Each authorized depository shall execute a depository bond by which the depository will acknowledge the limitation on deposits imposed by the Comptroller, and will commit to collateralizing all deposits of the City that require such collateralization.
Operations procedures. The Comptroller is responsible for the investment function. Authorized staff will make investments based upon the projections of cash flow so that investments shall be made to mature at the time when funds are estimated to be needed for the orderly payment of City obligations. Investments will generally be made based upon competitive bids solicited by staff authorized by the Comptroller and generally shall be awarded to the highest bidder who is willing and able to pledge sufficient and acceptable collateral. Funds will only be transferred between institutions in the name of the City by Federal Reserve wire transfer mechanism or by City check and only by staff authorized in writing by the Comptroller. Funds may be transferred within the same institution only between City accounts and by authorized City staff. A listing of authorized staff will be maintained by the Comptroller and will be forwarded to the authorized depositories. If changes in staffing or staff responsibilities occur, updated authorization letters will be forwarded to the institutions. Investments shall generally be made with banks or trust companies having an office within the City. All investments shall be made in the name of the City. The Comptroller will maintain an investment log detailing specific information about each investment. Comparisons of existing investments to those recorded in the accounting system will be performed routinely. Monthly, a report of all existing investments will be provided to the Comptroller who will compare existing investments to those recorded in the City's accounting system.
Internal controls. The individual responsible for the day-to-day activity of the cash investments must annually take at least one vacation of five consecutive business days, and the investment activities will be carried out by another member of the Comptroller's staff. The Mayor shall engage the services of an outside certified accounting firm in conjunction with the City's annual audit, and they shall annually review the investment policies and procedures used by the Comptroller to be certain they are in conformance with all laws and regulations. The outside certified accounting firm shall be retained by the Mayor in the manner provided by law and its contract submitted to be approved by the Board of Estimate and Apportionment.
[Amended 10-21-2009 by Ord. No. 135]
Departmental investments. All City officers and employees who are custodians of funds are authorized to deposit funds in a commercial bank account covered by the Federal Deposit Insurance Corporation or other pledged securities. Any interest earned, less expenses for maintaining the account, shall remain to the credit of the departmental revenue account of the department remitting the funds.
[Code 1964, § 22-4]
All obligations including interim bonds, except tax anticipation notes, of the City shall be executed in the name of the City by the Mayor and countersigned by the Comptroller under the Corporate Seal of the City and shall be attested to by the City Clerk. Tax anticipation notes shall be signed by the Comptroller and attested by the City Clerk.
[Code 1964, § 22-3]
Notwithstanding provisions to the contrary contained in any other ordinance of the City, coupons attached to bonds of the City issued pursuant to the provisions of the Local Finance Law shall be authenticated only by the facsimile signature of the City Comptroller.
[Ord. No. 64, 4-23-2008]
Definitions of recycled content. As used in this section, the following terms shall have the meanings indicated:
- POST-CONSUMER RECOVERED MATERIALS
- A finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. Examples of post-consumer recovered materials include, but are not limited to: used newspaper, office paper, yard waste, plastic bottles, oil, asphalt, concrete and tires.
- PRE-CONSUMER RECOVERED MATERIAL
- Material or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Examples of pre-consumer recovered materials include, but are not limited to; obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other converting operations. This category does not include mill or manufacturing trim, scrap or "broke," which is material generated at a manufacturing site and commonly reused within the manufacturing process. For example, pre-consumer paper waste sources are not considered "recycled." Components of a paper product include, but are not limited to: fibers recovered from wastewater, trimmings of a paper machine rolls, sawdust, chips, wood slabs, other wood residue from a manufacturing process, and such materials sold between mills.
- TOTAL RECOVERED MATERIAL
- The total pre- and post-consumer recovered material contained in a product.
Recycled content preference. It is recommended that the City establish a policy, whenever practical, to purchase products which contain, in order of preference, the following:
Recyclability and waste reduction. In addition to the recovered material content of a product, important criteria in selecting products shall also be:
The ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs; and
The volume and toxicity of waste and by-products of a given product and its packaging generate in their manufacture, use, recycling and disposal. Products and packaging designed to minimize waste and toxic by-products in their manufacture, use, recycling and disposal shall be preferred.
Purchase requisition, specification and bid solicitation. Product specification and requisitions for products shall conform to the following guidelines:
Product specifications and requisitions shall not indiscriminately require the use of products made from virgin materials, nor specifically exclude the use of recycled-content products;
Performance standards must be reasonable and related to function, and shall not be designed to exclude the purchase of recycled-content products;
To the extent such information is known, City staff shall identify to the Purchasing Department (in the purchase requisition) products available with recycled content and vendors from who such products are available.
The Purchasing Agent shall have the authority to specify a minimum recycled-content standard in bid solicitations to accomplish the purposes of this policy.
Promotion. When practical, City purchased and printed recycled paper products shall be labeled with the standard phrase: "Printed on Recycled Paper" thereby promoting the use of post-consumer content. All City departments or agencies shall be required to use recycled paper products for their copy machines.
Certification. All product providers shall be required to maintain appropriate documentation verifying either the minimum or the exact percentage of post-consumer recovered material and total recovered material contained in products purchased by the City. If no recovered material has been used, then a product provider would certify zero recycled content.
Implementation. It is recommended that the Purchasing Agent develop administrative procedures to achieve the purposes of this resolution and implement the provisions of this policy, including procedures for waiving a requirement of this policy in any necessary circumstance.
Conclusion. The future of recycling depends upon the creation of stable and sustaining markets for recycled secondary products. It is recommended, therefore, that the City enact a procurement policy, which supports the development of stable markets for recyclables and supports the City's ongoing recycling ethic and commitment to progressive integrated waste management solutions.