City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Yonkers 4-14-1964 by L.L. No. 12-1964. Amendments noted where applicable.]
[Amended 11-5-1970 by L.L. No. 14-1970]
On and after the first day of July 1971, the fiscal year of the City of Yonkers shall begin on the first day of July and shall end with the next succeeding 30th day of June.
[Amended 7-3-1990 by L.L. No. 3-1990[1]]
As used in this chapter, the following terms shall have the meanings indicated:
CAPITAL PROJECT
Any physical public betterment or improvement or any preliminary studies and surveys relative thereto; the acquisition of property of a permanent nature; or the purchase of equipment for any public improvement or betterment when first erected or acquired.
COMPTROLLER
The Comptroller of the City of Yonkers.
FISCALLY DEPENDENT ENTITY
The Yonkers School District and any other board, district, authority or other legal entity whose budget is funded or must be approved by the City Council of the City of Yonkers.
PENDING
Authorized but not yet completed.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 7-3-1990 by L.L. No. 3-1990; 7-3-1990 by L.L. No. 5-1990[1]]
A Capital Projects Committee consisting of the Mayor, as Chair; the Comptroller; an appointee of the Mayor, who shall be a person who is at the rank of Commissioner of a department or above; the Superintendent of Public Schools; and the Commissioner of Planning and Development shall meet as directed by the Chair to prepare each year a proposed capital plan for the ensuing five years, considering the feasibility of all proposed capital projects in reference to their necessity, priority, location, cost and method of financing.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
A. 
Not later than the first day of February in each year, the head of each City department and all officers empowered by law or by City ordinance to control or authorize expenditures shall furnish to the Mayor, on forms supplied by the Mayor, estimates of the revenue and expenditure of their several departments, offices or agencies for the next ensuing fiscal year, detailed by organization units and the character and object of expenditure, and such other supporting data as the Mayor may request.
B. 
Not later than the first day of February of each year, the head of each department and officers empowered by law or by City ordinance to control or authorize expenditures of the City government shall furnish to the Mayor, the Comptroller and the Capital Projects Committee detailed estimates of any capital projects which they believe should be undertaken within the next five fiscal years.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
Not later than the 15th day of March of each year, the Planning Board shall submit to the Mayor, to the Comptroller and to the Capital Projects Committee its recommendations concerning the physical planning aspects of the proposed capital projects covered by the estimates submitted in accordance with the provisions of §§ 12-4 and 12-6 hereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
Not later than the first day of February of each year, all fiscally dependent entities, including but not limited to the Board of Education, shall:
A. 
Submit to the Mayor, to the Comptroller and to the Capital Projects Committee detailed estimates of any capital projects which they believe should be undertaken within the next five fiscal years.
B. 
Submit to the Mayor and the Comptroller, on forms provided by the Mayor, detailed estimates of the revenues and expenditures of its various departments, offices or agencies for the next ensuing fiscal year, detailed by organization units and the character and object of expenditure, and such other supporting data as the Mayor may request.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 2-13-1974 by L.L. No. 1-1974]
No money shall be spent by the City or any agency thereof, nor shall any obligation for the spending of money be incurred in any fiscal year for or on account of any capital project not included in the budget as finally adopted for such year or a prior year; provided, however, that an ordinance may be adopted and contracts incurred for capital projects to be financed over a period of more than one fiscal year without amending the budget if:
A. 
The total estimated cost of the project is set forth in the current capital improvement budget;
B. 
The ordinance is for an amount not exceeding the total estimated maximum cost of such capital project set forth in the current capital improvement budget; and
C. 
The total amount of money to be expended in the current budget year does not exceed the sum set forth in the current budget.
[1]
Editor's Note: Former §§ 12-7 through 12-16, all dealing with budget preparation and adoption, as amended, were repealed 12-13-1994 by L.L. No. 1-1995. This local law was vetoed by the Mayor, which veto was overridden by the Council 1-24-1995. The effectiveness of this local law is the subject of pending litigation. Current provisions are included in Article V-A of the Charter.
Before the beginning of the fiscal year, the heads of each department and officers empowered by law or by City ordinance to control or authorize expenditures shall submit to the Mayor, when or as required by him, a work program for the year, which program shall include all appropriations for its operation and maintenance and purchase of equipment and shall show the requested allotments of said appropriations for such department or officer, by quarterly periods, for the entire fiscal year. The Mayor shall review the requested allotments in the light of the work program of the department or officer concerned and may revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriation available to said department or officer for the fiscal year. A copy of the allotment as finally approved by the Mayor shall be filed with the Comptroller, who shall authorize all expenditures for the departments or officers to be made from the appropriations on the basis of approved allotments and not otherwise. The approved allotments may be revised during the fiscal year in the same manner as the original allotment was made. If, at any time during the fiscal year, the Mayor shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work programs and allotments of the several departments or officers and make revisions thereon so as to forestall the making of expenditures in excess of said income and fund balances.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Amended 12-26-1967 by L.L. No. 7-1967]
If, at the termination of any fiscal year, the appropriations necessary for the support of the City and Board of Education for the ensuing fiscal year shall not have been made, the several amounts appropriated in the last appropriation for the objects and purposes therein specified, so far as the same shall relate to operation and maintenance expenses, shall be deemed to be reappropriated for the several objects and purposes specified in said last appropriation; and until the City Council shall act in such behalf, the Comptroller shall make the payments necessary for the support of the government of the City and the Board of Education on the basis of the appropriations of the preceding fiscal year.[1]
[1]
Editor's Note: Former §§ 12-19 through 12-21, dealing with contracts and expenditures and emergency appropriations, as amended, all of which immediately followed this section, were repealed 12-13-1994 by L.L. No. 1-1995. This local law was vetoed by the Mayor, which veto was overridden by the Council 1-24-1995. The effectiveness of this local law is the subject of pending litigation. Current provisions are included in Article V-A of the Charter.