The Council shall employ an expert certified public accountant,
established in public practice, and qualified and experienced in municipal
audits and examination, to annually investigate the transactions and
accounts of all officers or employees having the collection, custody
or disbursement of public money or property, or the power to approve,
allow or audit demands on the City Treasury. (Ratified January 16,
1945)
The Council shall fix by resolution or ordinance the compensation
of all officers, also the compensation of all deputies, assistants
and employees of the City.
As used in this section, "public project" means:
(a) A project for the erection, improvement, and repair of public buildings
and works.
(b) Work in or about streams, bays, waterfronts, embankments, or other
work for protection against overflow.
(c) Street or sewer work, except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including
maintenance or repair of streets or sewers.
The City Council shall by ordinance set threshold limits for
the requirements for formal competitive bidding and shall establish
such other procedures as are necessary for undertaking the completion
of any public projects.
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It shall be unlawful to split or separate into smaller work
orders or projects any public work project for the purpose of evading
the provisions of this section requiring public work to be done by
contract after competitive bidding.
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The notice inviting bids shall set a date for the opening of
bids. The first publication or posting of the notice shall be at least
ten (10) days before the date of the opening of bids. Notice shall
be published at least twice, not less than five (5) days apart, in
a newspaper of general circulation published in the City, or if there
is none, it shall be posted in at least three (3) public places in
the City that have been designated by ordinance as the places for
posting public notices. The notice shall distinctly state the project
to be done.
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In its discretion, the Council may reject any bids presented
and readvertise. If two (2) or more bids are the same and the lowest,
the Council may accept the one it chooses. If no bids are received
the Council may have the project done without further complying with
this section.
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After rejecting bids, the Council may pass a resolution by a
four-fifths vote of its members declaring that the project can be
performed more economically by day labor, or the materials or supplies
furnished at a lower price in the open market. Upon adoption of the
resolution, it may have the project done in this manner stated without
further complying with this section.
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If there is a great public calamity, as an extraordinary fire,
flood, storm, epidemic, or other disaster, or if it is necessary to
do emergency work to prepare for a national or local defense, the
Council may pass a resolution by a four-fifths vote of its members
declaring that the public interest and necessity demand the immediate
expenditure of public money to safeguard life, health, or property.
Upon adoption of the resolution, it may expend any sum required in
the emergency without complying with this section. (Amended, ratified,
April 19, 1977; April 21, 1981; November 4, 2008)
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All public improvements, including the improving, widening,
or opening of streets or highways may be done under and in pursuant
of the general laws of the State, or procedure ordinance adopted by
the Council or the electors, and the whole or any portion of the cost
thereof paid out of the City Treasury or assessed on the property
benefited.
Any person, firm or corporation furnishing the City or its inhabitants
with transportation, communication, terminal facilities, water, light,
heat, gas, power, refrigeration, storage, garbage or rubbish removal,
or any other public utility or service, or using the public streets,
ways, alleys, or places for the operation of plants, works, or equipment
for the furnishing thereof, or traversing any portion of the City,
for the transmitting or conveying of any such service elsewhere, may
be required by ordinance to have valid and existing franchises therefor.
The Council is empowered to grant by ordinance, subject to referendum,
any such franchise to any person, firm or corporation, whether operating
under an existing franchise or not. The Council may prescribe the
terms and conditions of any such grant. It may also provide, by procedural
ordinance, the method of procedure and the terms and conditions of
such grants or the making thereof, subject to the provisions of this
Charter.
No new franchise or the renewal of an existing franchise shall
be granted except upon condition that a sum equivalent at least to
two percent (2 § o) of the gross annual receipts of the
utility derived from the sale within the City of the utility service
for which the franchise is awarded, shall be paid to the City. (Amended,
ratified, August 7, 1952)
Not later than June 1st, an officer designated by the Council
shall submit to the Council an estimate of the expenditures and revenues
of the City departments for the ensuing year. This estimate shall
be compiled from detailed information obtained from the several departments
in such form as the Council may prescribe.
Sufficient copies of such estimate shall be prepared and submitted
that there may be copies on file in the office of the Council for
inspection by the public unless the Council shall publish the same
in a newspaper.
After duly considering the estimate and preparing the budget,
the Council shall pass an ordinance or resolution levying the annual
tax. (Amended, ratified, April 19, 1977; April 21, 1981)
Money may be borrowed by the issue and sale of bonds, pledged
on the credit of the City, for any purpose authorized by law, including
the construction and equipment of schools. No ordinance providing
for the issue of bonds shall be passed without the submission of the
bonding proposition to the electors of the City at a regular or special
election and the approval of a two-thirds majority of those voting
thereon. No bonds shall be issued, excepting bonds for school purposes,
on the credit of the City which shall increase such bonded indebtedness
of the City beyond fifteen percent (15§ o) of the assessed
valuation of the property in the City subject to direct taxation,
as shown by the last preceding valuation for City taxes. Every ordinance
for the issue of bonds shall provide for a tax levy for each year
to meet the annual serial installments of principal and interest,
and such amounts shall be included in the tax levy for each year.
The fiscal year shall begin with the first day of July of each
year and end with the last day of June of the following year.
Except as otherwise herein provided, the Council, by ordinance,
shall provide a system for the assessment, levy, collection and equalization
of taxes, which, as nearly as may be, shall conform to the system
provided by the general laws of the State; provided that all sales
for delinquent taxes shall be made to the City of Albany. Should the
Council fail to fix the tax rate within the time prescribed, then
the tax rate of the previous year shall constitute the rate for the
current year.
The amount of the annual tax levy, exclusive of such tax as
may be necessary to pay the City's cost of any pension plan for City
employees, and exclusive of the tax to pay the interest on and maintain
the sinking funds of any indebtedness of the City, and exclusive of
the tax to pay for the maintenance, acquisition and improvement of
parks, squares, public grounds, schools and public libraries shall
not exceed the rate of one dollar ($1.00) on each one hundred dollars
($100.00) valuation of the property assessed. The foregoing limitation
shall not apply in the event of any great necessity or emergency,
in which case it may be temporarily suspended, provided no increase
over said limit shall be made in any fiscal year, unless authorized
by ordinance adopted by vote of the people. (Amended, ratified, June
15, 1966)