[Amended 8-17-2017 by L.L. No. 5-2017]
On or before October 8 of each year, the Mayor shall submit
to the Common Council, and file with the City Clerk, a budget for
the ensuing fiscal year and an accompanying message. The budget and
message shall be available to the public and the Clerk shall publish
notice of a public hearing to be held not sooner than seven days following
publishing of the Mayor's budget and the accompanying message, and
no later than 28 days following the publishing of the Mayor's budget
and the accompanying message. As used in this article, the term "publish"
means to print in the contemporary means of information sharing, which
includes, but is not limited to, one or more newspapers of general
circulation in the City, and, if available, a City website.
The Mayor's message shall explain the budget both in fiscal
terms and in terms of the work programs, linking those programs to
organizational goals and community priorities. It shall outline the
proposed financial policies of the City for the ensuing fiscal year
and the impact of those policies on future years. It shall describe
the important features of the budget, indicate any major changes from
the current year in financial policies, expenditures, and revenues
together with the reasons for such changes, summarize the City's
debt position, including factors affecting the ability to raise resources
through debt issues, and include such other material as the Mayor
deems desirable. The term "major change" includes, but is not limited
to: a deficit or surplus that is more than 5% of the current year's
budgeted amount for a department or program; a new program or activity
which will include a description of the need, cost, and funding source.
The budget shall provide a complete financial plan of all City
funds and activities for the ensuing fiscal year and, except as required
by law or this Charter, shall be in such form as the Common Council
may require. The budget shall begin with a clear general summary of
its contents; shall show in detail all estimated income, indicating
the proposed property tax levy, utility rates, and other fees and
charges, and all proposed expenditures, including debt service, for
the ensuing fiscal year; it shall indicate in separate sections:
A. How each department's or program's expenditures comport
with the City's goals and objectives, including the method of
financing such expenditures; and
B. Proposed capital expenditures during the ensuing fiscal year consistent
with the five year capital program, detailed for each fund by organization
unit when practicable, and the proposed method of financing each such
capital expenditure; and
C. The anticipated income and expense, and profit and loss, for the
ensuing year for each utility and any department or program operated
by the City which derives more than 50% of its operating revenues
from fees or charges. Such budgets shall include all income and expenses,
including the estimated cost of expenses not paid directly by the
department or program, such as property insurance, equipment depreciation,
employee benefit expenses and support services provided by other departments
or programs. The operating budget shall include the number and amount
of delinquent customer accounts more than 60, and 120 days past due.
The amount of general fund revenue budgeted for use by such department
shall be clearly identified. For any fund, the total of proposed expenditures
shall not exceed the total of estimated income plus carried forward
fund balance, exclusive of reserves.
Not later than 14 days after the start of the fiscal year, the
Common Council shall adopt ordinances or enact local laws:
A. Appropriating funds by department or board for each separately budgeted
program or activity.
B. Establishing tax rates and authorizing real property tax levies to
raise the budgeted amount of real property tax revenue.
C. Establishing new or increased taxes, fees or charges, the estimated
revenues from which are included in the budget. If a law imposing
a tax, fee or charge authorizes changes in the rate(s) or amount(s)
by resolution, a change may be made by resolution.
The budget may be amended after it is adopted, as follows:
A. Supplemental appropriations. If during the fiscal year the Mayor
certifies that there are available for appropriation revenues in excess
of those estimated in the budget, the Common Council by ordinance
may make supplemental appropriations for the year up to the amount
of such excess.
B. Emergency appropriations. To meet a public emergency, or to pay a
judgment against the City, or a catastrophic loss in an amount in
excess of the City's insurance coverage, the Common Council may
make emergency appropriations. To the extent that there are no available
unappropriated revenues or a sufficient fund balance to meet such
appropriations, the Council may borrow funds to pay such costs on
such terms as are permitted by the Local Finance Law.
C. Reduction of appropriations. If it appears to the Mayor that there
is likely to be insufficient revenue or unappropriated funds to pay
an appropriation, he or she shall promptly inform the Common Council
of the amount of the estimated deficit and recommend a course of action.
The Common Council may, by ordinance or resolution, reduce one or
more unencumbered appropriations to eliminate such deficit.
D. Transfer of appropriations. The Common Council may, by resolution,
transfer an unencumbered appropriation from one budget category to
another. The Mayor may transfer an appropriation for an activity or
program within a department to another activity or program within
such department and shall inform the Council of such action on or
before the next regular Council meeting.
E. Public borrowings. Nothing in this article shall be construed to
limit the City's borrowing powers under the Local Finance Law.
All unspent and unencumbered appropriations shall lapse at the
end of each fiscal year, except unspent and unencumbered appropriations
for capital projects which shall lapse at the end of two years from
the fiscal year in which such funds were appropriated.
No payment shall be made or obligation incurred against any
allotment or appropriation except in accordance with appropriations
duly made and unless the Mayor or the City chamberlain first certifies
that there is an unencumbered appropriation to pay such expense. Any
authorization of payment or incurring of obligation, in violation
of the provisions of this article, shall be void, and any payment
so made illegal. Any City officer or employee who knowingly pays,
or causes the City to become obligated to pay, any expense without
an appropriation sufficient to pay the cost thereof shall be liable
to the City for the amount so paid and may be removed from office
or discharged. This section does not prohibit the City from entering
into contracts, leases or other obligations which require the City
to make payments over more than one fiscal year.
Copies of the budget, capital program, independent audits, and
appropriation and revenue ordinances shall be public records.
The Common Council shall provide by law procedures for administration
and fiduciary oversight of the budget.