Preview
UD OUN IK DV INDEX NO. 61138/2023
NYSCEF BOC. NO. 64 RECEIVED NYSCEF: 01/05/2024
Exhibit E
to Supp. Reply
INDEX NO. 61138/2023
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/05/2024
City of Mount Vernon, NY
Wednesday, December 27, 2023
Chapter C. Charter
Article Vil. Board of Estimate and Contract
§ 81. Annual estimates.
[Amended by L.L. No. 4-1967; L.L. No. 3-1970; L.L. No. 2-1971; L.L. No. 3-1975; L.L. No. 2-1976; L.L.
No. 3-1982]
(a) Not later than November 23, and if that day falls on a Saturday, Sunday or legal holiday, then the
next business day, but not sooner than two days after it holds a public hearing in relation thereto,
the Board of Estimate and Contract shall complete and adopt an itemized statement in writing of
the itemized revenue and expenditures of the City for the ensuing fiscal year, which statement shall
be known as the annual estimate.
(b) Before it adopts said annual estimate, the Board of Estimate and Contract shall give a public
hearing to such persons as wish to be heard in relation thereto, which public hearing shall be held
no later than November 19th, unless said date falls on a Saturday, Sunday or legal holiday in which
event the public hearing shall be held on the next business day.
(c) Notice of said public hearing together with a summary of the proposed estimate shall be published
once in the official City newspaper no later than October 25, unless said date falls on a Saturday,
Sunday or legal holiday, in which event said notice and summary of the proposed estimate shall be
published on the following business day. Copies of the proposed estimate will be available for
inspection by the public in the office of the City Clerk upon publication of the notice.
[Amended by L.L. No. 2-1994]
(a) The estimated revenues shall contain an estimate of the probable revenues, which, in the judgment
of the Board of Estimate and Contract, 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 Contract, is available and
should be applied to the payment of the principal of any bonded indebtedness of the City falling due
during the said fiscal year; and a statement of all unexpended balances, or estimated unexpended
balance of the current 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 Contract 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 the said fiscal year; to pay
the principal and interest of any bonded or other indebtedness of the City falling due during the said
fiscal year; and the amount of any judgments recovered against the City and payable during the
said fiscal year. Immediately after said annual estimate shall have been adopted, the Board of
Estimate and Contract shall submit the same in final form to the City Council with a statement in
writing of such reasons for such estimate as it may deem proper, by filing same with the City Clerk.
The City 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 on or before December fifth, the City Council shall adopt such estimate so submitted or
shall diminish or reject any items therein contained and adopt said estimate as so amended. The
City Council shall not have the power to diminish or reject any item which relates to salaries, the
INDEX NO. 61138/2023
NYSCEF DOC “inlRnt&thess or estimated revenues, or the sums estimated as necessary RE FAY Re NLR IEF be Ol/ 05/2024
levied within the City for state and county purposes, or the sums lawfully payable within said fiscal
year upon judgments; nor shall the City Council have the power to increase any item for any
purpose contained in said estimate.
(e) The said annual estimate shall be arranged so to give in a parallel column the respective budget
appropriations for the various items of expense and the other purposes contained therein for the
current fiscal year.
() There shall be no combination or grouping of items in any one code but each item shall be
separately and distinctly set forth with the appropriation therefor.
(g) The said annual estimate shall have appended thereto supplementary reports reflecting the
financial status of each federal, state or county program and/or project to be submitted by the
Director of each such program and/or project in which the City or any agency, department, board or
commission thereof is a participant, including therein a schedule of all funds received and
appropriated by the City under each said program and/or project, and a general statement of the
purposes for which such funds have been allocated and expended, and the amount of funds
remaining in each account and to be received by the City for each such program and/or project.
(h) Upon request of the City Council, department heads shall be required to attend meetings of the City
Council or of any committee thereof, in relation to the proposed appropriations in the annual
estimate for the department of which he is the head.
@ The said annual estimate shall have appended thereto a statement setting forth the total net
indebtedness of the City as of September 30 of the current year, which said statement shall include
a schedule of the bonds, notes, or other evidences of indebtedness of the City, the date such
obligations were authorized, the type and amount of such obligations, the amount outstanding and
the object or purpose for which such obligations were authorized.
(i) Any vacant position for which a salary appropriation is indicated shall be appropriately marked to
reflect such vacancy.
(k) The said annual estimate shall separately and distinctly set forth by department, board, agency or
commission all revenues received in the form of fees or charges.
Preview
UD OUN IK DV INDEX NO. 61138/2023 NYSCEF BOC. NO. 64 RECEIVED NYSCEF: 01/05/2024 Exhibit E to Supp. Reply INDEX NO. 61138/2023 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/05/2024 City of Mount Vernon, NY Wednesday, December 27, 2023 Chapter C. Charter Article Vil. Board of Estimate and Contract § 81. Annual estimates. [Amended by L.L. No. 4-1967; L.L. No. 3-1970; L.L. No. 2-1971; L.L. No. 3-1975; L.L. No. 2-1976; L.L. No. 3-1982] (a) Not later than November 23, and if that day falls on a Saturday, Sunday or legal holiday, then the next business day, but not sooner than two days after it holds a public hearing in relation thereto, the Board of Estimate and Contract shall complete and adopt an itemized statement in writing of the itemized revenue and expenditures of the City for the ensuing fiscal year, which statement shall be known as the annual estimate. (b) Before it adopts said annual estimate, the Board of Estimate and Contract shall give a public hearing to such persons as wish to be heard in relation thereto, which public hearing shall be held no later than November 19th, unless said date falls on a Saturday, Sunday or legal holiday in which event the public hearing shall be held on the next business day. (c) Notice of said public hearing together with a summary of the proposed estimate shall be published once in the official City newspaper no later than October 25, unless said date falls on a Saturday, Sunday or legal holiday, in which event said notice and summary of the proposed estimate shall be published on the following business day. Copies of the proposed estimate will be available for inspection by the public in the office of the City Clerk upon publication of the notice. [Amended by L.L. No. 2-1994] (a) The estimated revenues shall contain an estimate of the probable revenues, which, in the judgment of the Board of Estimate and Contract, 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 Contract, is available and should be applied to the payment of the principal of any bonded indebtedness of the City falling due during the said fiscal year; and a statement of all unexpended balances, or estimated unexpended balance of the current 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 Contract 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 the said fiscal year; to pay the principal and interest of any bonded or other indebtedness of the City falling due during the said fiscal year; and the amount of any judgments recovered against the City and payable during the said fiscal year. Immediately after said annual estimate shall have been adopted, the Board of Estimate and Contract shall submit the same in final form to the City Council with a statement in writing of such reasons for such estimate as it may deem proper, by filing same with the City Clerk. The City 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 on or before December fifth, the City Council shall adopt such estimate so submitted or shall diminish or reject any items therein contained and adopt said estimate as so amended. The City Council shall not have the power to diminish or reject any item which relates to salaries, the INDEX NO. 61138/2023 NYSCEF DOC “inlRnt&thess or estimated revenues, or the sums estimated as necessary RE FAY Re NLR IEF be Ol/ 05/2024 levied within the City for state and county purposes, or the sums lawfully payable within said fiscal year upon judgments; nor shall the City Council have the power to increase any item for any purpose contained in said estimate. (e) The said annual estimate shall be arranged so to give in a parallel column the respective budget appropriations for the various items of expense and the other purposes contained therein for the current fiscal year. () There shall be no combination or grouping of items in any one code but each item shall be separately and distinctly set forth with the appropriation therefor. (g) The said annual estimate shall have appended thereto supplementary reports reflecting the financial status of each federal, state or county program and/or project to be submitted by the Director of each such program and/or project in which the City or any agency, department, board or commission thereof is a participant, including therein a schedule of all funds received and appropriated by the City under each said program and/or project, and a general statement of the purposes for which such funds have been allocated and expended, and the amount of funds remaining in each account and to be received by the City for each such program and/or project. (h) Upon request of the City Council, department heads shall be required to attend meetings of the City Council or of any committee thereof, in relation to the proposed appropriations in the annual estimate for the department of which he is the head. @ The said annual estimate shall have appended thereto a statement setting forth the total net indebtedness of the City as of September 30 of the current year, which said statement shall include a schedule of the bonds, notes, or other evidences of indebtedness of the City, the date such obligations were authorized, the type and amount of such obligations, the amount outstanding and the object or purpose for which such obligations were authorized. (i) Any vacant position for which a salary appropriation is indicated shall be appropriately marked to reflect such vacancy. (k) The said annual estimate shall separately and distinctly set forth by department, board, agency or commission all revenues received in the form of fees or charges.