[1964 Charter Laws, § 14-2; L.L. No. 2-1963, § 1; L.L. No. 1-1970, § 1; L.L. No. 4-1982, §§ 1-5; L.L. No. 6-1990, § 1(c),
(d); L.L. No. 3-1998, § 1; L.L. No. 4-2003; L.L. No. 1-2004[1], § 2; L.L. No. 2-2007]
(a)
Fiscal year. The fiscal year of the City shall be as established
from April 1 to March 31.
(b)
Departmental Estimates. On or before January 15 each year all heads
of departments and officers empowered by law to control or authorize
expenditures shall furnish to the Mayor and the Common Council estimates
in writing of the amount of revenues and expenditures for the next
fiscal year in their respective departments and offices, including
a statement of the salaries and titles of all their employees, which
estimates the Mayor must present to the Board of Estimate and Apportionment,
at a meeting which shall be held the first Monday in February. These
estimates shall be entered in the minutes of the Board.
[Amended 2-6-2013 by L.L. No. 2-2013; 3-16-2016 by L.L. No. 1-2016]
(c)
Annual Estimate—Date of preparation. On or before February
20 of each year the Board of Estimate and Apportionment 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 or budget. The annual estimate shall be presented to the
Board of Estimate for its review and consideration on the first Monday
in February.
[Amended 3-16-2016 by L.L. No. 1-2016]
(d)
Same—Revenue estimates. The estimate of revenues prepared pursuant to Subsection (c) of this section shall contain:
(1)
An estimate of the probable revenues which, in the judgment
of the Board of Estimate and Apportionment, will be received by the
City during the fiscal year, less any amount required to be deposited
to the credit of the sinking fund.
(2)
A statement of the amount of the sinking fund which, in the
judgment of the Board of Estimate and Apportionment is available and
should be applied to the payment of the principal of any bonded indebtedness
of the City falling due during the fiscal year.
(3)
A statement of all unexpended balances or estimated unexpended
balances of the previous fiscal year remaining to the credit of the
City, or of any office, board or department thereof.
(e)
Same—Expenditure estimates. The estimate of expenditures prepared pursuant to Subsection (c) shall contain an estimate of the amounts of money which the Board of Estimate and Apportionment deems necessary.
a.
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 Charter and otherwise by law for the
fiscal year.
b.
To pay the principal and interest of any bonded or other indebtedness
of the City falling due during the fiscal year.
c.
The amount equal of any judgments recovered against the City and
payable during the fiscal year.
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The estimate shall also outline the existing and any proposed
financial plans or policies of the City relating to the capital program
describing each capital improvement proposed to be undertaken within
the ensuing fiscal year, showing the estimated costs, the pending
or proposed method of financing it, the direct effect on the submitted
annual estimate and the projected operation and maintenance expense
over the first three years after project completion.
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(f)
Submission to the Common Council. On or before February 20 of each
year, the Board of Estimate and Apportionment shall submit the annual
estimate in final written form to the Common Council with a statement
in writing of the reasons for such estimate as it may deem proper.
The Common Council shall as soon thereafter as possible convene and
consider the estimate. It shall give a public hearing to persons who
wish to be heard in reference thereto. After the hearing, and on or
before March 20 of each year, the Common Council shall adopt the estimate
so submitted or shall diminish or reject any items therein contained,
provided the amendments are stated separately and distinctly and reasons
given for each change, and adopt said estimate as so amended. The
Common Council shall have the power to diminish or reject any item
which relates to salaries, the indebtedness or estimated revenues,
or the sums lawfully payable within said fiscal year upon judgments;
or Contingency and Tax Stabilization Reserve Fund; and shall the Common
Council shall increase or decrease any item, for any purpose, contained
in said estimate.
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If the annual estimate as passed by the Common Council contains
any amendments to which the Mayor objects, the Mayor shall have recourse
through the mayoral veto to return the amendments to the Common Council
for reconsideration. The veto message shall set forth the reasons
for the objections to the Common Council amendments and shall be returned
within four days after the adoption of the estimate by the Common
Council.
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The Common Council shall, at a special meeting called for the
purpose, reconsider each item objected to by the Mayor. If upon reconsideration,
two-thirds of all members of the Council vote to approve such amendments
or any one of them, the annual estimate with the amendments so approved
shall be deemed adopted and final.
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If the Common Council fails to act on an override of the objections
by a two-thirds vote within four days of the mayoral veto, the Mayor's
objections shall be deemed adopted and become final.
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(g)
Transfer of funds. The annual estimate following its adoption by
the Common Council shall represent the appropriation of all City funds
for City purposes in the manner set forth therein for the period covered
thereby. Should it become necessary to transfer funds from one or
more accounts during the fiscal year to meet contingencies that have
arisen, the Board of Estimate and Apportionment shall make the desired
transfers except that each transfer and appropriation from one account
exceeding $15,000 within a budgetary year shall be set forth specifically
in an ordinance and shall not become effective unless said appropriation
and transfer is approved by a majority of all Council members. No
transfers shall be made from appropriations for debt service and no
appropriation may be reduced below any amount required by law.
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Several sums therein enumerated as estimated revenues and the
monies 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 law, shall be and become applicable in the amounts
therein named for the purposes of meeting set 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 remains any
unexpended balances of appropriations made for the support of the
City government or for any other purpose, then such shall constitute
a surplus. Any surplus remaining in said fund at the close of the
fiscal year shall be treated as an unexpended balance of money appropriated
for such department.
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(h)
Determination of positions and salaries. The Board of Estimate and
Apportionment, except as otherwise provided by law, shall have the
authority to fix the salaries or compensation, and determine the positions
and numbers of all City officers and employees, of each office, board
or department, if the salary or compensation of every officer and
employee shall be thus fixed before his election or appointment.
(i)
Tax budget. The amount of estimated expenditures contained in the
annual estimate adopted by the Common 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. The Common Council shall levy and cause to be raised by
tax the amount of the budget, and the amount shall be levied, assessed,
and raised by the tax upon the real property liable to taxation in
the City at the time and in the manner provided by law.
[1]
Editor's Note: Section 3 of Local Law No. 1-2004 states the
following: "This local law shall take effect on April 1, 2005 and
include the 2005 budget and with the filing with the Secretary of
State pursuant to the Municipal Home Rule Law."
[1964 Charter Laws, §§ 14-1, 14-4.1; N.Y.
Laws 1862, ch. 18, § 69; N.Y. Laws 1893, ch. 13, § 8; L.L. No. 2-1960, §§ 1,
3; L.L. No. 9-1968, § 1]
(a)
Except as otherwise provided, the Common Council shall contract no
debt on the part of the City which is not payable within the fiscal
year in which it is contracted, and which cannot be discharged from
the income of that year. Any Council member who votes for any appropriation
or expenditure that is not authorized by this Charter or by law, or
which is in violation of any provision of law is liable to a penalty
of $100, to be sued for and recovered in any court with costs, by
and in the name of any citizen of the City. If the Common Council
contracts any debt which remains unpaid for one month after the end
of the fiscal year for want of sufficient funds in the treasury or
if the Common Council authorizes any expenditure exceeding the amount
which the Common Council is authorized by law to raise for such purposes,
the Council member voting for the contracting of the debt, or to authorize
the expenditure shall be personally liable to each person entitled
to payment and the City shall not be liable to pay the same, nor shall
the Common Council audit or pay any debt so contracted or expenditure
so made.
(b)
Notwithstanding the provisions of any general, special or local law
to the contrary, the City may issue pursuant to the provisions of
the Local Finance Law bonds and capital notes for the purpose of paying
judgments and compromised or settled claims against the City or for
other objects or purposes authorized by the City having a period of
probable usefulness prescribed by law.
[1964 Charter Laws, § 14-3; L.L. No. 1-1949, § 1; L.L. No. 1-1953, § 1; L.L. No. 1-1954, § 1; L.L. No. 5-2006]
(a)
In each fiscal year the first $5,000,000 shall be allocated for the construction of streets, paving and resurfacing thereof and the repaving of curbs shall be paid for by direct budgetary appropriation to the amount of $5,000,000 for the fiscal year or by the issuance during the fiscal year of capital notes pursuant to the Local Finance Law. All taxes required for such appropriation or for the redemption of such capital notes, shall be excluded from the tax limitation prescribed by Article VIII, Section 10 of the State Constitution in the manner prescribed by Section 122 of the Local Finance Law.[1]
[Amended 8-1-2016 by L.L.
No. 2-2016[2]]
[1]
Editor's Note: Local Law No. 1-2020, adopted 4-1-2020, suspended the provisions of this Subsection (a) for Fiscal Year 2020-2021 to the extent that the required appropriation for construction of streets and other purposes stated therein is reduced from $5,000,000 to $3,000,000.
[2]
Editor's Note: This local law was approved at referendum 11-8-2016.
(b)
The Comptroller, as chief fiscal officer of the City, shall direct
in each such fiscal year, to determine the amount of such tax to be
deemed indebtedness pursuant to Section 122 of the Local Finance Law,
and to set forth such determination in a statement in writing. The
Comptroller shall request the approval of the State Comptroller of
the determination and to file such determination, all in the manner
provided by Section 122 of the Local Finance Law.
(c)
Nothing in this section prohibits or prevents the payment of all
or any part of the cost and construction hereinabove provided from
moneys legally available for such purpose in any capital reserve fund.
[1964 Charter Laws, § 14-4; L.L. No. 4-1938, § 1; L.L. No. 2-1944, § 1; L.L. No. 6-1990, § 1(e)]
(a)
The provisions of Section 72 of the Second Class Cities Law do not
apply to the City.
[1964 Charter Laws, §§ 14-7, 14-8; N.Y. Laws
1862, ch. 18, §§ 121-123; L.L. No. 1-1973, §§ 1, 2]
(a)
All claims against the City for materials, supplies or services,
except for regular or stated compensation of officers or employees
of the City, and payments due on lawful contracts, shall be certified
by or on behalf of the claimant in such form as the Comptroller may
prescribe. The claim shall be supported by a document, signed by an
authorized individual in the department which gave rise to the claim,
certifying that such materials, supplies or services were received
or rendered. All such claims and supporting documents shall be audited
and approved by the Comptroller prior to payment and, after payment,
shall be filed in the office of the Comptroller.
(b)
No claim against the City which has been presented to the Common
Council to be audited, shall be withdrawn from the files. No claim
or demand against the City which has not been audited, or which has
not been liquidated by the Common Council, shall bear interest.
(c)
No costs shall be recovered against the City in any action brought
against it for any unliquidated claim which has not been presented
to the Common Council to be audited, nor shall costs be recovered
against the City in any action upon any unliquidated claim which shall
have been allowed in part by the Common Council, unless the recovery
is for a greater sum than the amount allowed by the Common Council,
with the interest thereon from the time it was allowed.
[1964 Charter Laws, § 16-12.1; L.L. No. 3-1964, §§ 1-5; L.L. No. 4-1972, §§ 1-4]
(a)
All insurance and personal guarantee bonds purchased by the City
shall be purchased upon a competitive bid basis. The responsibility
for the preparation of insurance and personal guarantee bond specifications
shall lie with the Comptroller, the City Engineer and the Corporation
Counsel.
(b)
The specifications when prepared, shall be filed with the Board of
Contract and Supply, which Board shall let contracts for the purchase
of insurance and personal guarantee bonds in the manner prescribed
by Section 103 of the General Municipal Law.
[1964 Charter Laws, § 13-10; N.Y. Laws 1923, ch.
658, art. III, § 3; L.L.
No. 6-1981, § 5]
(a)
Every sale or lease of personal property belonging to the City shall
be authorized by ordinance of the Common Council.
(b)
An ordinance authorizing the sale or lease of personal property shall
provide that the sale or lease shall be conducted by the Mayor or
the Mayor's designated representative. The ordinance shall provide
the method in which the sale or lease shall take place and may provide
for a sale by auction to the highest responsible bidder or by private
sale if the circumstances warrant that a private sale would be in
the best interest of the City. An ordinance may be adopted providing
for the disposition of personal property other than by sale or lease
but in whatever manner is deemed appropriate due to the condition
of the personal property.
(c)
Any proposed sale or lease of personal property shall, before it
takes effect, be submitted to the Board of Estimate and Apportionment
for approval.
[1964 Charter Laws, § 3-10.1; L.L. No. 1-1969, § 1]
(a)
This section supersedes Section 37 of the Second Class Cities Law.
(b)
No ordinance shall be passed making or authorizing a sale or lease
of City real estate or of any franchise belonging to or under the
control of the City except by vote of three-fourths of all the Council
members. In case of a proposed sale or lease of real estate or of
a franchise, the ordinance must provide for a disposition of the same
at public auction to the highest bidder, under proper regulations
as to the giving of security and after public notice to be published
once each week for three weeks in the official newspaper, except that
if the real estate proposed to be sold or leased was acquired by the
City pursuant to the provisions of Section 72-k or 72-m of the General
Municipal Law for the purposes set forth therein, or where the real
estate is owned by the City and devoted to such purposes, the ordinance
may provide that the real estate shall be sold or leased to the highest
responsible bidder upon sealed bids after notice thereof has been
published in the same manner as required for sale or lease by public
auction. The notice shall contain a statement of the time and place
where all bids received in pursuance thereof will be publicly opened
and read, and pursuant to such notice, all bids received shall be
publicly opened and read at the time and place so specified. A sale
or lease of real estate or a franchise shall not be valid or take
effect unless made as provided in this section and subsequently approved
by a resolution of the Board of Estimate and Apportionment or other
governing body.
(c)
No franchise shall be granted or be operated for a period longer
than 50 years. The Common Council may, however, grant to the owner
or lessee of an existing franchise, under which operations are being
actually carried on, such additional rights or extensions in the street
or streets in which the franchise exists, upon such terms as the interest
of the City may require, with or without an advertisement, as the
Common Council may determine; provided, however, that no such grant
shall be operative unless approved by the Board of Estimate and Apportionment
or other governing body, and also by the Mayor.
(d)
Notwithstanding any of the other provisions of this section, the City may grant a license or a privilege to a concessionaire to operate a concession in or upon City-owned buildings and property and enter into a contract with the concessionaire for such purpose by a ordinance passed by a vote of three-fourths of all the Council members, which ordinance must provide that the license or privilege must be granted by the Board of Contract and Supply to the highest responsible bidder upon sealed bids after notice has been published in the official newspaper for three alternate days in accordance with Section 7.007. The notice shall contain a statement of the time and place where all bids received in pursuance thereof will be publicly opened and read and pursuant to such notice, all bids received shall be publicly opened and read at the time and place so specified. In accordance with Section 103, Subdivision 2 of the General Municipal Law at least five days shall elapse between the first publication of the advertisement and the date so specified for the opening and reading of bids. The granting of a license or privilege to operate a concession as aforesaid shall not be valid or take effect unless made as provided in this subsection and subsequently approved by a resolution of the Board of Estimate and Apportionment. The license or privilege shall be granted for a period to be determined by the Common Council and specified in the ordinance granting or authorizing the same.
Pursuant to Section 6-e of the General Municipal Law as amended,
the Common Council of the City of Utica does hereby establish a Contingency
and Tax Stabilization Reserve Fund. The Comptroller is hereby directed
to deposit moneys or maintain, in an amount not less than 3%, to be
paid a minimum of 1% per year for the first five years, nor greater
than 10% of the annual Estimate or Budget of this reserve fund in
one or more of the bank or trust companies designated as depositories
of the funds of the City of Utica, and may invest the moneys of this
reserve fund in obligations specified in Section 11 of the General
Municipal Law, with any interest earned or capital gain realized on
the money so deposited or invested to accrue to and become part of
this reserve fund. Expenditures from this fund shall be made only
upon appropriation and consistent with the requirements of Section
6-e (4) of the General Municipal Law.
[1]
Editor's Note: This local law also provided that it will become
operative with the City budget for the 2010-2011 fiscal year.
