[HISTORY: Adopted by the City of Norwalk Common Council 4-24-1958. Amendments
noted where applicable.]
The capital budget referred to in this chapter is defined as
the specific portion of the capital projects program for which it
is proposed to make expenditures during any fiscal year.
[Amended 5-13-2003]
In adopting this chapter, it is the intent of the Common Council
to establish rules of procedure for orderly planning for the expenditure
of funds for long-term capital improvement projects and procedures
for implementation and oversight of capital projects, the cost of
which is to be defrayed from the sale of bonds, notes or other certificates
of indebtedness, until such time as some other procedure is incorporated
into the Charter of the City.
The proposed five-year program of capital expenditures to which
consideration shall be given by the agencies in whom that responsibility
is vested, and in the manner prescribed by this chapter, shall constitute
and be known as the "capital projects program."
All monies, other than for ordinary operating expenses, which
shall be requested or expended for the acquisition of land or buildings
and for the improvement, purchase, enlargement and development of
properties of the City, including the construction or remodeling of
schools, public buildings and structures of whatever nature, for highways,
parks, sanitary sewers, sewage and garbage-disposal plants, drainage
systems, rehabilitation of blighted areas and for machinery and other
facilities having a usable expectancy of at least 10 years, for which
the credit of the City shall be pledged by the issuance of bonds,
notes or other certificates of indebtedness, shall be deemed to be
capital budget items.
[Amended 11-27-1968; 9-28-2021]
On or before the first day of January in each year, the Common Council and the head of each department, board and agency shall submit to the Planning and Zoning Commission and the Comptroller a detailed estimate of all capital budget items, as defined in § 30-4, which, in the judgment of the Common Council and such head of department, board, or agency, should be undertaken within the five succeeding fiscal years. These estimates shall be known as "estimates for capital projects" and shall be in such form as the Comptroller shall prescribe. These estimates shall be public records and shall be open for inspection at all reasonable times.
[Amended 11-27-1968; 9-28-2021]
Following the receipt of estimates for capital projects and
not later than February 1 in each year, the Comptroller shall report
to the Board of Estimate and Taxation, the Common Council and the
Planning and Zoning Commission the amount of the expenditures requested
and his, her or their estimate of the effect of such expenditures
upon the current budget, and the bonded indebtedness for the succeeding
years, together with his, her or their recommendations relative thereto.
[Amended 3-10-1959; 9-28-2021]
On or before February 15 in each year, the Planning and Zoning Commission shall hold hearings on the proposed capital projects program for the ensuing five years, at which time the Mayor, heads of all departments, boards and agencies or their representatives, the Comptroller, members of the Board of Estimate and Taxation, and members of the Common Council may be heard in respect to estimates for each of these years. The role of the Planning and Zoning Commission shall be to ensure that each capital budget item in the proposed capital projects program is consistent with the City’s Master Plan for the physical development of the City. The Planning and Zoning Commission may require the production of all pertinent data in respect to such estimates, including preliminary plans, sketches, layouts and surveys. The Comptroller and the Director of Planning and Zoning shall render assistance to the Planning and Zoning Commission in its consideration of the capital projects program. The Planning and Zoning Commission shall thereupon prepare a report setting forth its determination as to whether each proposed capital budget item for the ensuing fiscal year is or is not consistent with the City’s Master Plan for the physical development of the City. Such report may also contain recommendations of the Planning and Zoning Commission with respect to the proposed capital projects program. The Planning and Zoning Commission shall deliver such report to the Mayor as provided in § 30-8 and also to the Common Council, Board of Estimate and Taxation and Comptroller.
[Amended 11-27-1968; 9-28-2021]
The proposed capital budgets program, together with the report of the Planning and Zoning Commission as provided in § 30-7, shall thereupon, on or before March 5 of each year, be transmitted to the Mayor for his, her or their review and recommendations, but he, she or they may not include therein any new capital budget items without first submitting them to the Planning and Zoning Commission for its determination in accordance with § 30-7. If the Planning and Zoning Commission determines that any such new capital budget item is not consistent with the City’s Master Plan for the physical development of the City, this fact shall be recorded by the Mayor when submitting his, her or their recommendations to the Board of Estimate and Taxation and the Common Council.
[Amended 11-27-1968; 9-28-2021]
The Mayor shall thereupon, on or before March 15 in each year,
transmit the capital budget to the Board of Estimate and Taxation,
which shall, after incorporating therein such recommendations as the
Mayor, the Planning and Zoning Commission and the Comptroller may
make, forward the same to the Common Council, or before April 1 in
each year, with an expression in writing of its judgment with respect
to the amount of funds it is proposed to expend in such capital budget
and the effect such expenditures will, in its opinion, have upon the
operating expenses and credit of the City. The Board of Estimate and
Taxation may transfer from the capital budget to the operating budget
all or such part of such capital items as it believes may feasibly
be included in the operating budget for the ensuing year.
[Amended 11-27-1968; 9-28-2021]
Upon receipt of the recommendations of the Board of Estimate
and Taxation, the Common Council may approve, reject or reduce any
item in the capital budget by a vote of the majority of its members,
present and voting, or may, by a vote of a majority of its members
present and voting, reinstate therein any item which may have been
previously disapproved. The Common Council shall thereupon approve
the same as amended on or before the 15th day of April in each year,
when it shall be certified to the Comptroller. Any item not rejected
or reduced by the Common Council shall be deemed approved by it. Notwithstanding
anything to the contrary in this chapter, if any proposed capital
project item has been determined by the Planning and Zoning Commission
not to be consistent with the City’s Master Plan for the physical
development of the City, such item shall not be included in any capital
budget or otherwise funded unless and until it has been approved by
a two-thirds vote of the entire Common Council.
[Added 1-24-1961; amended 5-13-2003; 9-28-2021]
A.
Upon adoption of the capital budget as set forth in § 30-10, the Comptroller shall notify each department or agency of those items under such department's or agency's responsibility, together with the amount thereof which has been approved. Each department or agency shall, within 30 days after notification by the Comptroller, submit to the Comptroller a work program scheduling the expected progress of each capital budget item to completion. On the first of each month, the Comptroller shall submit to the Mayor, Common Council and Planning and Zoning Commission, a report showing funds expended in the capital budget and the status of each capital budget item.
B.
Funds set aside for a capital budget item shall be deemed to have
been allotted for that purpose only. No such allotment shall lapse
until the purpose for which it was made is accomplished and completion
thereof accepted by the Common Council as herein provided: such allotment
is terminated or abandoned, or two fiscal years elapse without any
expenditure from or encumbrance of such allotment except where such
capital budget item is delayed by litigation or by action of state
or federal agencies. The Comptroller shall certify to the Mayor, Common
Council and Planning and Zoning Commission in his, her or their monthly
report any such automatic abandonment. Any capital budget item may
be terminated or abandoned, provided that the Mayor shall give written
notice to the Planning and Zoning Commission of the reason for termination
or abandonment, whereupon the Planning and Zoning Commission shall,
within 30 days after the receipt of such notice, forward its recommendations
to the Common Council, which shall hold a public hearing thereon.
In the event of approval by the Planning and Zoning Commission of
the Mayor's request, a majority of the Council is required for concurrence;
in the event of disapproval, the Commission shall communicate its
reasons to the Council, which shall have the power to overrule such
disapproval by recorded vote of not less than 2/3 of its entire membership.
C.
Any and all unencumbered funds that constitute a surplus of funds allocated for capital budget items that have been completed, terminated or abandoned shall revert to a capital budget surplus account which shall be used to reduce the net capital budget for the succeeding year, except when such surplus funds are used to finance additional obligations as provided for in § 30-11.1.
[Amended 9-28-2021]
No obligations of the City shall be authorized or expenditures made in any fiscal year for or on account of the capital budget unless such obligations or expenditures shall have been included in the capital budget as finally approved for that fiscal year, except as hereafter provided. Additional obligations may be authorized and expenditures made; provided that such obligations or expenditures shall be recommended in writing by the Mayor to the Planning and Zoning Commission, which shall, within 10 days after receipt thereof, forward the same to the Common Council with its recommendations relative thereto. Except as otherwise provided in § 30-10, the Common Council may thereupon, by a majority of its members present and voting, approve, reduce or reject all or any part thereof.
[Added 1-24-1961; amended 9-28-2021]
Requests for additional obligations to the capital budget shall
not be approved unless the request is made necessary by unforeseeable
or emergency conditions. Any such request shall be accompanied by
a statement from the Comptroller setting forth, first, the necessity
for using capital budget funds rather than financing through operating
budget and, second, his, her or their recommendations as to the most
feasible and economical measures to finance such obligations either
from overall surplus from any previous bond issue for capital budgets
or from the issuance of notes, each of which shall be designated "bond
anticipation notes" and which may be renewed from time to time through
utilization of funds from capital budget items that have been terminated,
abandoned or lapsed. However, all such notes of any fiscal year and
any renewals thereof shall be paid from the proceeds of the next regular
capital improvements bond issue.
[Amended 11-27-1968; 9-28-2021]
On or before the first day of May in each year, the Comptroller
shall transmit to the Common Council and the Board of Estimate and
Taxation his, her or their recommendations in respect to the most
feasible and economical measures to finance the capital budget for
the ensuing fiscal year. These bodies, at an appropriate time, shall
adopt such resolutions as may give force and effect to the financing
of such capital budget in accordance with the provisions of the Charter
of the City relating thereto.
[Amended 9-28-2021]
The Planning and Zoning Commission and the Common Council shall
each, in its discretion, hold such public hearings on the capital
projects program and the capital budget as either or both of them
may deem necessary to ascertain the opinion of the public on the matters
under consideration. The Chair of any such hearings shall permit such
public participation in such proceedings as may, in his, her or their
judgment, be necessary to impart to the Board holding such hearing
information of value to it in appraising the opinion of the public
in relation thereto. Nothing contained herein, expressed or implied,
shall be construed as limiting the free expression of the public in
relating to any subject pertinent to such hearing, to restrain such
public participation as may unreasonably retard the deliberations
thereof, or which may not be germane to the subject under deliberation.
[Added 1-24-1961]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
[Added 5-25-2021[1]]
The Land Use and Building Management Committee of the Common
Council, or any successor thereto (the “Land Use Committee”)
shall have responsibility for the implementation and oversight of
City capital building projects, as provided herein.
[1]
Editor's Note: This ordinance also superseded former §§
30-15, Establishment of Norwalk Facilities Construction Commission,
30-15.1, Membership, 30-15.2, Terms, 30-15.3, Powers and duties, 30-15.4,
Building Advisory Committees, 30-15.5, Staffing and operations, 30-16,
Designation of School Building Committee and 30-17, When effective,
all adopted 5-13-2003.
[Added 5-25-2021]
The Land Use Committee shall provide project management and
oversight of all City capital building projects in excess of $400,000
or as designated by the Common Council, including oversight of project
planning and design, recommending selection of architect and construction
manager or general contractor, project execution planning, status
tracking for schedule and budget, reporting, project completion and
closeout. City capital building projects do not include public infrastructure
improvements, such as roads, bridges and drainage, which shall continue
to be the responsibility of the Department of Public Works.
[Added 5-25-2021]
The Land Use Committee may, in its sole discretion, establish
and appoint a Building Advisory Committee for any City capital building
project and shall designate the membership and chair of each such
committee. Each Building Advisory Committee so established shall advise
the Land Use Committee on the function, design, construction, or any
other matter related to the project, as determined by the Land Use
Committee. Each Building Advisory Committee shall remain in existence
until the completion of the applicable construction project.
[Added 5-25-2021]
A.
The Land Use Committee is hereby designated and shall serve as the
Norwalk School Building Committee and shall have all such power and
authority as may be necessary to properly perform and discharge its
responsibilities and obligations pursuant to the Connecticut General
Statutes.
B.
The Land Use Committee shall commence service as the Norwalk School
Building Committee as of the effective date of this amendment. All
actions taken by the Norwalk Facilities Construction Commission in
its capacity as the Norwalk School Building Committee prior to such
date are hereby ratified and confirmed.
