[HISTORY: Adopted by the City Council of the City of Yonkers 4-14-1964 by L.L. No.
12-1964. Amendments noted where applicable.]
[Amended 11-5-1970 by L.L. No. 14-1970]
On and after the first day of July 1971, the fiscal year of
the City of Yonkers shall begin on the first day of July and shall
end with the next succeeding 30th day of June.
[Amended 7-3-1990 by L.L. No. 3-1990[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
Any physical public betterment or improvement or any preliminary
studies and surveys relative thereto; the acquisition of property
of a permanent nature; or the purchase of equipment for any public
improvement or betterment when first erected or acquired.
The Comptroller of the City of Yonkers.
The Yonkers School District and any other board, district,
authority or other legal entity whose budget is funded or must be
approved by the City Council of the City of Yonkers.
Authorized but not yet completed.
A Capital Projects Committee consisting of the Mayor, as Chair;
the Comptroller; an appointee of the Mayor, who shall be a person
who is at the rank of Commissioner of a department or above; the Superintendent
of Public Schools; and the Commissioner of Planning and Development
shall meet as directed by the Chair to prepare each year a proposed
capital plan for the ensuing five years, considering the feasibility
of all proposed capital projects in reference to their necessity,
priority, location, cost and method of financing.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
A.Â
Not later than the first day of February in each year, the head of
each City department and all officers empowered by law or by City
ordinance to control or authorize expenditures shall furnish to the
Mayor, on forms supplied by the Mayor, estimates of the revenue and
expenditure of their several departments, offices or agencies for
the next ensuing fiscal year, detailed by organization units and the
character and object of expenditure, and such other supporting data
as the Mayor may request.
B.Â
Not later than the first day of February of each year, the head of
each department and officers empowered by law or by City ordinance
to control or authorize expenditures of the City government shall
furnish to the Mayor, the Comptroller and the Capital Projects Committee
detailed estimates of any capital projects which they believe should
be undertaken within the next five fiscal years.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
Not later than the 15th day of March of each year, the Planning Board shall submit to the Mayor, to the Comptroller and to the Capital Projects Committee its recommendations concerning the physical planning aspects of the proposed capital projects covered by the estimates submitted in accordance with the provisions of §§ 12-4 and 12-6 hereof.
[Amended 12-26-1967 by L.L. No. 7-1967; 11-5-1970 by L.L. No. 14-1970; 7-3-1990 by L.L. No. 3-1990[1]]
Not later than the first day of February of each year, all fiscally
dependent entities, including but not limited to the Board of Education,
shall:
A.Â
Submit to the Mayor, to the Comptroller and to the Capital Projects
Committee detailed estimates of any capital projects which they believe
should be undertaken within the next five fiscal years.
B.Â
Submit to the Mayor and the Comptroller, on forms provided by the
Mayor, detailed estimates of the revenues and expenditures of its
various departments, offices or agencies for the next ensuing fiscal
year, detailed by organization units and the character and object
of expenditure, and such other supporting data as the Mayor may request.
[Amended 2-13-1974 by L.L. No. 1-1974]
No money shall be spent by the City or any agency thereof, nor
shall any obligation for the spending of money be incurred in any
fiscal year for or on account of any capital project not included
in the budget as finally adopted for such year or a prior year; provided,
however, that an ordinance may be adopted and contracts incurred for
capital projects to be financed over a period of more than one fiscal
year without amending the budget if:
A.Â
The total estimated cost of the project is set forth in the current
capital improvement budget;
B.Â
The ordinance is for an amount not exceeding the total estimated
maximum cost of such capital project set forth in the current capital
improvement budget; and
C.Â
The total amount of money to be expended in the current budget year
does not exceed the sum set forth in the current budget.
[1]
Editor's Note: Former §§ 12-7 through
12-16, all dealing with budget preparation and adoption, as amended,
were repealed 12-13-1994 by L.L. No. 1-1995. This local law was vetoed
by the Mayor, which veto was overridden by the Council 1-24-1995.
The effectiveness of this local law is the subject of pending litigation.
Current provisions are included in Article V-A of the Charter.
Before the beginning of the fiscal year, the heads of each department
and officers empowered by law or by City ordinance to control or authorize
expenditures shall submit to the Mayor, when or as required by him,
a work program for the year, which program shall include all appropriations
for its operation and maintenance and purchase of equipment and shall
show the requested allotments of said appropriations for such department
or officer, by quarterly periods, for the entire fiscal year. The
Mayor shall review the requested allotments in the light of the work
program of the department or officer concerned and may revise, alter
or change such allotments before approving the same. The aggregate
of such allotments shall not exceed the total appropriation available
to said department or officer for the fiscal year. A copy of the allotment
as finally approved by the Mayor shall be filed with the Comptroller,
who shall authorize all expenditures for the departments or officers
to be made from the appropriations on the basis of approved allotments
and not otherwise. The approved allotments may be revised during the
fiscal year in the same manner as the original allotment was made.
If, at any time during the fiscal year, the Mayor shall ascertain
that the available income, plus balances, for the year will be less
than the total appropriations, he shall reconsider the work programs
and allotments of the several departments or officers and make revisions
thereon so as to forestall the making of expenditures in excess of
said income and fund balances.
[Amended 12-26-1967 by L.L. No. 7-1967]
If, at the termination of any fiscal year, the appropriations
necessary for the support of the City and Board of Education for the
ensuing fiscal year shall not have been made, the several amounts
appropriated in the last appropriation for the objects and purposes
therein specified, so far as the same shall relate to operation and
maintenance expenses, shall be deemed to be reappropriated for the
several objects and purposes specified in said last appropriation;
and until the City Council shall act in such behalf, the Comptroller
shall make the payments necessary for the support of the government
of the City and the Board of Education on the basis of the appropriations
of the preceding fiscal year.[1]
[1]
Editor's Note: Former §§ 12-19 through
12-21, dealing with contracts and expenditures and emergency appropriations,
as amended, all of which immediately followed this section, were repealed
12-13-1994 by L.L. No. 1-1995. This local law was vetoed by the Mayor,
which veto was overridden by the Council 1-24-1995. The effectiveness
of this local law is the subject of pending litigation. Current provisions
are included in Article V-A of the Charter.
