[HISTORY: Adopted by the Common Council of the City of Albany 8-15-1983
by L.L. No. 3-1983. Amendments noted where applicable.]
On and after the first day of January 1985, the fiscal year of the City
of Albany shall begin on the first day of January in each year and end with
the next succeeding 31st day of December.
The fiscal year of the City of Albany which will commence on the first
day of November 1983 is hereby extended and shall end with the 31st day of
December 1984.
Whenever, by law or ordinance of the City of Albany, some act to be
performed on time is to be measured by the fiscal year of the City, the 1983/1984
fiscal year, as so extended, shall be deemed to be a regular year unless the
context clearly requires a contrary construction.
A.
Within sixty (60) days after the commencement of each
fiscal 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"; provided,
however, that, if in the City the taxes for state, county and City purposes
are included in one (1) levy, the Common Council may, by ordinance, direct
that said estimate be made within sixty (60) days prior to the commencement
of such fiscal year. The estimate of revenues shall contain 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 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 Apportionment, is available and should be applied to
the payment of the principal of any bonded indebtedness of the City falling
due during said fiscal year; and 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. The estimate
of expenditures shall contain an estimate of the several amounts of money
which the Board of Estimate and Apportionment 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 said fiscal year; to pay the principal and interest
of any bonded or other indebtedness of the City falling due during said fiscal
year; and the amount of any judgments recovered against the City and payable
during said fiscal year. After said annual estimate shall have been completed,
the Board of Estimate and Apportionment shall submit the same in final form
to the Common Council with a statement, in writing, of such reasons for such
estimate as it may deem proper. The Common 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 within fifty (50) days after such estimate shall have been submitted
to it, the Common Council shall adopt such estimate so submitted or shall
diminish or reject any items therein contained and adopt said estimate as
so amended. The Common Council shall not have the power to diminish or reject
any item which relates to salaries, the indebtedness or estimated revenues,
or the sums directed by the Board of Supervisors of the county within which
the City is situated 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 Common Council increase any item, for any purpose, contained in said estimate.
B.
In a year when a special City election may be held under
the provisions of the City Local Option Law,[1] the Board of Estimate and Apportionment shall include in the annual
estimate an estimate of probable revenues from the excise tax based upon the
number of liquor licenses in force, if any, in such City at the time such
annual estimate is made; and in case there are no liquor licenses in force
at the time the annual estimate is made, the Board of Estimate and Apportionment
shall omit from the annual estimate any estimate of probable revenues from
the excise tax and include as its estimate of probable revenues only those
derived from other sources. If such election is held and the result thereof
alters the probable revenues from the excise tax, a supplemental estimate
shall be made and filed revising and supplying or striking out, according
to the result of the election, any items omitted or included therein upon
the basis of these being probable revenues or no probable revenues from such
tax. Such supplemental estimate, if any, shall be made and filed as soon as
practicable after such Board shall ascertain the necessary facts and not later
than the completion of the tax budget in time for the annual tax levy as provided
by law. On demand by such Board, the Secretary of the Board of Canvassers
shall certify as to the result of the vote at any such election. In any case
where a special election or the result of a vote thereat is the subject of
judicial proceedings, a County Clerk in whose office an order is filed or
entered affecting such election or vote shall notify such Board of the filing
or entry of the order immediately thereafter. Any such supplemental estimate
shall be deemed a part of the annual estimate and amendatory thereof.
[1]
Editor's Note: See Alcoholic Beverage Control Law § 140
et seq.
[Added 6-20-1988 by L.L.
No. 5-1988]
At the same time as the Board of Estimate and Apportionment shall prepare and submit its estimate of revenues and expenditures, said Board shall include therewith a fiscal itemization of anticipated departmental expenditures involving construction and rehabilitation projects and major items of equipment having a useful life of several years and costing in excess of five thousand dollars ($5,000.). Such itemization shall be known as the "capital budget" and shall be submitted to and acted upon by the Common Council in the same manner as the annual estimate as set forth in § 57-4.
This chapter is intended to amend and supersede the provisions of § 75
of the Second Class Cities Law with reference to the time when the Common
Council shall adopt the annual estimate after such estimate shall have been
submitted to it.
