[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.
[Amended by L.L. No. 4-1955; L.L. No. 7-1962; L.L. No. 1-1972; L.L. No. 2-1988[1]]
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.
[1]
Editor's Note: Section 2 of this local law provided that it take effect according to § 24 of the Municipal Home Rule Law.
[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.
[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.
[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.
[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.