[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]
(a)
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.
(b)
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.
(c)
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]
(a)
Objectives. The objectives of the City's investment policy and procedures
are as follows:
(1)
Investments shall be made in a manner to safeguard the funds
of the City or funds under the control of the City.
(2)
Investments shall be sufficiently liquid to allow funds to be
available as needed to meet the obligations of the City.
(3)
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.
(b)
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:
(1)
Obligations of the state.
(2)
Obligations of the United States government or obligations of
federal agencies whose principal and interest are guaranteed by the
federal government.
(3)
Time deposit accounts placed in a commercial bank or trust company
authorized to do business in the state, providing the account is collateralized.
(4)
Certificates of deposit issued by a commercial bank or trust
company authorized to do business in the state and collateralized.
(5)
Securities purchased pursuant to a repurchase agreement.
(c)
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.
(d)
Investment vehicles. The following requirements shall be met in making
investments:
(1)
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.
(2)
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.
(3)
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.
(e)
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.
(f)
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.
(g)
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]
(h)
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]
(a)
POST-CONSUMER RECOVERED MATERIALS
PRE-CONSUMER RECOVERED MATERIAL
TOTAL RECOVERED MATERIAL
Definitions of recycled content. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
The total pre- and post-consumer recovered material contained
in a product.
(b)
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:
(c)
Recyclability and waste reduction. In addition to the recovered material
content of a product, important criteria in selecting products shall
also be:
(1)
The ability of a product and its packaging to be reused, reconditioned
for use, or recycled through existing recycling collection programs;
and
(2)
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.
(d)
Purchase requisition, specification and bid solicitation. Product
specification and requisitions for products shall conform to the following
guidelines:
(1)
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;
(2)
Performance standards must be reasonable and related to function,
and shall not be designed to exclude the purchase of recycled-content
products;
(3)
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.
(4)
The Purchasing Agent shall have the authority to specify a minimum
recycled-content standard in bid solicitations to accomplish the purposes
of this policy.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
[Added 8-12-2020 by Ord. No. 190]
(a)
Pursuant
to § 6-p of the General Municipal Law, as amended, there
is hereby established a reserve fund to be known as the “Employee
Benefit Accrued Liability Reserve Fund” (hereinafter “Reserve
Fund”). The purpose of this Reserve Fund is to pay for any accrued
employee benefit due an employee on termination of the employee’s
service.
(b)
The
source of funds for this Reserve Fund shall be:
(c)
The
Comptroller is hereby directed to deposit $500,000 and secure the
monies of this Reserve Fund in the manner provided by § 10
of the General Municipal Law. The Comptroller may invest the monies
in the Reserve Fund in the manner provided by § 11 of the
General Municipal Law, and consistent with the investment policy of
the City of Utica. Any interest earned or capital gains realized on
the monies so deposited or invested shall accrue to and become part
of the Reserve Fund. The Comptroller shall account for the Reserve
Fund in a manner which maintains the separate identity of the cash
and investments of the Reserve Fund.
(d)
Except
as otherwise provided by § 6-p of the General Municipal
Law, expenditures from this Reserve Fund shall be made only for the
purpose for which the Reserve Fund is established. No expenditure
shall be made from this Reserve Fund for any employee benefit for
which a reserve fund has already been established under any other
provision of law. No expenditure shall be made from this Reserve Fund
without the approval of the Board of Estimate and Apportionment and
without such additional actions or proceedings as may be required
by § 6-p of the General Municipal Law.
[Added 12-15-2021 by Ord. No. 103]
(a)
Pursuant
to § 6-c of the General Municipal Law, as amended, there
is hereby established a capital reserve fund, to be known as the “Paving
Reserve Fund” (hereinafter referred to as “Reserve Fund”).
The purpose of this Reserve Fund is to finance the cost of a type
of capital improvement. The type of capital improvement to be financed
from the Reserve Fund is paving.
(b)
The
chief fiscal officer is hereby directed to deposit and secure the
moneys of this Reserve Fund in the manner provided by § 10
of the General Municipal Law. The chief fiscal officer may invest
the moneys in the Reserve Fund in the manner provided by § 11
of the General Municipal Law, and consistent with the investment policy
of the City of Utica. Any interest earned or capital gains realized
on the moneys so deposited or invested shall accrue to and become
part of the Reserve Fund. The chief fiscal officer shall account for
the Reserve Fund in a manner which maintains the separate identity
of the Reserve Fund and shows the date and amount of each sum paid
into the Fund, interest earned by the Fund, capital gains or losses
resulting from the sale of investments of the Fund, showing cash balance
and a schedule of investments, and shall, at the end of each fiscal
year, render to the Board of Estimate and Apportionment a detailed
report of the operations and condition of the Reserve Fund.
(c)
Except
as otherwise provided by law, expenditures from this Reserve Fund
shall be made only for the purpose for which the Reserve Fund is established.
No expenditures shall be made from this Reserve Fund without the approval
of the Board of Estimate and Apportionment and such additional actions
or proceedings as may be required by § 6-c of the General
Municipal Law, or any other law.
[Added 12-15-2021 by Ord. No. 104]
(a)
Pursuant
to § 6-c of the General Municipal Law, as amended, there
is hereby established a capital reserve fund, to be known as the “Building
Alterations Reserve Fund” (hereinafter referred to as “Reserve
Fund”). The purpose of this Reserve Fund is to finance the cost
of a type of capital improvement. The type of capital improvement
to be financed from the Reserve Fund is building alterations for the
Department of Public Works, Bureau of Fire and Bureau of Police.
(b)
The
chief fiscal officer is hereby directed to deposit and secure the
moneys of this Reserve Fund in the manner provided by § 10
of the General Municipal Law. The chief fiscal officer may invest
the moneys in the Reserve Fund in the manner provided by § 11
of the General Municipal Law, and consistent with the investment policy
of the City of Utica. Any interest earned or capital gains realized
on the moneys so deposited or invested shall accrue to and become
part of the Reserve Fund. The chief fiscal officer shall account for
the Reserve Fund in a manner which maintains the separate identity
of the Reserve Fund and shows the date and amount of each sum paid
into the Fund, interest earned by the Fund, capital gains or losses
resulting from the sale of investments of the Fund, showing cash balance
and a schedule of investments, and shall, at the end of each fiscal
year, render to the Board of Estimate and Apportionment a detailed
report of the operations and condition of the Reserve Fund.
(c)
Except
as otherwise provided by law, expenditures from this Reserve Fund
shall be made only for the purpose for which the Reserve Fund is established.
No expenditures shall be made from this Reserve Fund without the approval
of the Board of Estimate and Apportionment and such additional actions
or proceedings as may be required by § 6-c of the General
Municipal Law, or any other law.
