Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 2-20-1967 by L.L. No. 1-1967 (Ch. 6 of the 1972 Code). Amendments noted where applicable.]
The Village of East Aurora shall undertake the planning and execution of a capital program in accordance with the following provisions.
A capital program shall be a plan of capital projects proposed to be undertaken during a six-year period, the estimated cost thereof and the proposed method of financing.
[Amended 8-28-1972 by L.L. No. 3-1972; 1-5-1987 by L.L. No. 3-1987]
A Capital Expenditures Committee is hereby created consisting of the following members: two Village Trustees who shall be appointed to the said Committee by the Mayor at the Annual Meeting of the Board of Trustees to serve for a term of one official Village year; one member of the Planning Commission of the Village of East Aurora appointed to said Committee by the said Planning Commission to serve for a term of one official Village year; and three residents of the Village of East Aurora, hereinafter called "resident members," who shall be appointed to said Committee by the Mayor at the Annual Meeting of the Board of Trustees, to serve for a term of three official Village years, except that the respective terms of the resident members of the Committee first appointed thereto shall be for one, two and three official Village years, or fractions thereof, from the time of their appointment. The successors to the said resident members shall be appointed for a term of three official Village years from and after expiration of the term of their respective predecessors on the said Committee. The Mayor shall designate one of the Village Trustees so appointed to the said Committee to be the Chairman thereof.
The Capital Expenditures Committee shall assist the Board of Trustees in the planning and execution of the said capital program by receiving from department heads, and other officials, civic groups and interested individuals, written or oral suggestions for capital projects to be undertaken by the Village, reviewing the said suggestions, evaluating the said suggestions in terms of the needs of the Village and developing annually a proposed capital program which will list the recommended capital projects in order of priority based on relative urgency and merit, state the estimated cost of each project and state the proposed method of financing each recommended project.
The Capital Expenditures Committee shall transmit its annual proposed six-year capital program to the Village Clerk-Treasurer by not later than the first day of March. The Village Clerk-Treasurer or the budget officer shall prepare the said capital program and shall submit it to the Board of Trustees with the tentative budget. The said capital program shall be arranged in such manner as to indicate the order of priority and state for each project:
A. 
A description of the proposed project and the estimated total cost thereof.
B. 
The proposed method of financing, indicating the amount proposed to be financed by direct budgetary appropriation or duly established reserve funds; the amount, if any, estimated to be received from the federal and/or state governments; and the amount to be financed by the issuance of obligations, showing the proposed type or types of obligations, together with the period of probable usefulness for which they are proposed to be issued.
C. 
An estimate of the effect, if any, upon operating costs of the municipal corporation within each of the three fiscal years following completion of the project.
[Amended 7-25-1967 by L.L. No. 2-1967; 12-4-1972 by L.L. No. 6-1972]
The term "capital project" as used in this chapter shall mean:
A. 
Any physical betterment or improvement, including furnishings, machinery, apparatus or equipment for such physical betterment or improvement when first constructed or acquired; or
B. 
Any preliminary studies or surveys relating to any physical betterment or improvement; or
C. 
Land or rights in land; or
D. 
Any combination of Subsections A, B or C, provided such physical betterment or improvement, including furnishings, machinery, apparatus or equipment for such physical betterment or improvement when first constructed or acquired, or any preliminary studies or surveys relating to any physical betterment or improvement, or land or rights in land or combination thereof has a period of probable usefulness as established in § 11.00 of the Local Finance Law of five years or more and has a value of more than $10,000.
A capital project shall be established for any such capital asset as defined in this section.
The Village Clerk-Treasurer, or other officer charged with the preparation of the tentative budget, shall include in the tentative budget the amount proposed for the proposed capital program to be financed by direct budgetary appropriation during the fiscal year to which such tentative budget pertains.
There shall be included in the budget message, if any, a general summary of the financial requirements for the capital program for the fiscal year to which the budget message related. Additional comments and recommendations of any other board, officer or agency may also be included in the budget message.
The Board of Trustees shall adopt the capital program after review and revisions, if any. The provisions of any law relating to a public hearing on the tentative budget shall apply to the capital program. The capital program, after the required hearing, shall be adopted at the same time as the tentative budget is adopted by the affirmative vote of a majority of the total membership of the Board of Trustees. In the event that the Board of Trustees shall fail to adopt a capital program on or before the first day of May, the proposed capital program, with such changes, alterations and revisions as shall have been made by resolution of the Board of Trustees, shall constitute the capital program of the Village of East Aurora for the ensuing six-year period.
At any time after the adoption of the capital program, the Board of Trustees by a majority vote of the total membership may amend the capital program by adding, modifying or abandoning the capital projects or by modifying the methods of financing. No capital project shall be authorized or undertaken unless it is included in the capital program as adopted or amended.
A copy of the adopted capital program and any amendment or revision of said capital program shall be transmitted to the Capital Expenditures Committee within two weeks after its adoption, amendment or revision, as the case may be.
In preparing its annual proposed six-year capital program to be transmitted to the Village Clerk-Treasurer in accordance with § 9-5 of this chapter, the Capital Expenditures Committee shall concern itself primarily with the preparation of a new last, or sixth, year portion thereof to be added to the second through sixth year portion of the preceding capital program as adopted and amended as provided herein, which portion shall become the first through fifth year portion of the new proposed six-year capital program; provided, however, that the said Capital Expenditures Committee may submit proposed changes in the said carried over portion of the preceding capital program, together with written reasons for said proposed changes, for the consideration of the Board of Trustees.