[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.
[Amended 1-17-2023 by L.L. No. 3-2023]
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 or methods of financing each
recommended project.
[Amended 1-17-2023 by L.L. No. 3-2023]
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 January. 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.
D.
Nothing herein
shall prohibit the Village Board or any Trustee from recommending
any capital improvement or program at any time regardless of any review
by the Capital Expenditures Committee.
[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, which could
include, but is not limited to, furnishings, machinery, apparatus
or equipment for such physical betterment or improvement when first
constructed or acquired; or
[Amended 1-17-2023 by L.L. No. 3-2023]
B.
Preliminary studies or surveys relating to physical
betterment or improvement; or
[Amended 1-17-2023 by L.L. No. 3-2023]
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 $100,000.
[Amended 1-17-2023 by L.L. No. 3-2023]
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.
[Amended 1-17-2023 by L.L. No. 3-2023]
The Board of Trustees shall adopt the capital
program after review and revisions, if any. This approval shall take
place as soon as possible after the capital plan is turned into the
Clerk-Treasurer on or about January 1 each year. The capital plan
will be used to help guide the development of the budget. The public
hearing for the budget will allow for resident comments on how the
capital plan is affecting the year's budget and spending. In the event
that the Board of Trustees shall fail to adopt a capital program on
or before the first day of March, 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.
Nothing herein shall prohibit the Board of Trustees from modifying
such plan from time to time as may be expedient.
[Amended 1-17-2023 by L.L. No. 3-2023]
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.
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.
