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6-8.8   Public Disclosure.
   The disclosures made by a financial institution pursuant to Subsections 6-8.2 through 6-8.4 shall be posted on the city’s website for public viewing within 30 days of submission to the Collector-Treasurer and shall be available for public inspection and copying.
(CBC 1985 6-8.8; Ord. 2013 c. 9)
6-8.9   Eligibility and Bid Preference.
   (A)   The Collector-Treasurer shall include in each of the city’s request for proposals for banking services a provision that describes additional bid preference, consistent with commonwealth and federal law, for those financial institutions that maintain the best performance scores, as described in this Section.
   (B)   The Collector-Treasurer shall describe, within the city’s request for proposals, banking services for which the city seeks to utilize local banks and financial institutions for account services and shall make best efforts to reach out to eligible local banks and financial institutions, as described in M.G.L. Chapter 44, Section 55, who may submit proposals for banking services.
   (C)   Upon making such evaluation and ranking, the Collector-Treasurer may:
      (1)   Maintain or increase the value of city banking services contracts or city deposits held by a preferred financial institution, which is an eligible financial institution that scores in the top 25% of local reinvestment performance;
      (2)   Maintain or decrease the value of city banking services contracts or city deposits held by an eligible financial institution that scores between the twenty-fifth and seventy-fifth percentiles of local reinvestment performance, not inclusive of the classifications described in division (C)(1) above; provided that the Collector Treasurer may increase the level of city banking services contracts or city deposits held by an eligible financial institution that scores between the twenty-fifth and seventy-fifth percentiles of local reinvestment performance when it has been determined by the Collector-Treasurer that preferred financial institutions’ capacities to maintain city deposits are at their maximum;
      (3)   Terminate city banking services contracts or city deposits from an ineligible financial institution, which is a financial institution that scores in the bottom 25% of local reinvestment performance;
      (4)   Commence and negotiate business relationships with a financial institution that does not presently do any banking business with the city; provided that the financial institution scores within the top 75% of local reinvestment performance;
      (5)   Enter into negotiations with a financial institution aimed at promoting institutional programs and behavior that are consistent with the public policy goals heretofore stated; and
      (6)   Take other such steps, consistent with sound fiscal practice and applicable law, as may be necessary or desirable.
   (D)   No contract for banking services shall be awarded to and no city deposits shall be made in a financial institution that has exhibited a pattern of discriminatory or other illegal credit practices or has committed past criminal or civil violations that have resulted in significant harm to the city’s financial interests.
   (E)   The Collector-Treasurer shall submit the names of all eligible or ineligible financial institutions to the Mayor and to the Boston City Council at the time of their designation by the Collector-Treasurer. The Mayor, with the majority vote of the City Council, shall have 30 days from the date of submission of the names by the Collector-Treasurer to approve the designation of each financial institution as an eligible or ineligible financial institution.
   (F)   A financial institution that fails to disclose the required information pursuant to Sections 6-8.2 and 6-8.4 or scores in the bottom 25% of local reinvestment performance shall not be eligible to receive city deposits or conduct any other banking transaction with the city until such financial institution submits the required forms and has been reviewed by the Boston City Council and approved by the Mayor.
(CBC 1985 6-8.9; Ord. 2013 c. 9)
6-8.10   Severability Clause.
   Each of the provisions and Subsections of this Section are severable. If any of its provisions, Sections or Subsections shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decisions of such court shall not affect or impair any of the remaining provisions, Sections or Subsections.
(CBC 1985 6-8.10; Ord. 2013 c. 9)
6-9   DEPARTMENTAL REVOLVING FUNDS.
6-9.1   Purpose.
   This Section establishes and authorizes revolving funds for use by City Departments, Boards, Committees, Agencies or Officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by M.G.L. Chapter 44, Section 53E½.
(CBC 1985 6-9.1; Ord. 2017 c. 2)
6-9.2   Expenditure Limitations.
   A Department or Agency Head, Board, Committee or Officer may incur liabilities against and spend monies from a revolving fund established and authorized by this Section without appropriation subject to the following limitations.
   (A)   Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund, except for those employed as school bus drivers.
   (B)   No liability shall be incurred in excess of the available balance of the fund.
   (C)   The total amount spent during a fiscal year shall not exceed the amount authorized by the Boston City Council on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Mayor and City Council.
(CBC 1985 6-9.2; Ord. 2017 c. 2)
6-9.3   Interest.
   Interest earned on monies credited to a revolving fund established by this Section shall be credited to the General Fund.
(CBC 1985 6-9.3; Ord. 2017 c. 2)
6-9.4   Procedures and Reports.
   Except as provided in M.G.L. Chapter 44, Section 53E½ and this Section, the laws, charter provisions, ordinances, rules, regulations, policies or
procedures that govern the receipt and custody of city monies and the expenditure and payment of city funds shall apply to the use of a revolving fund established and authorized by this Section. The City Auditor shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the city auditor provides the Department, Board, Committee, Agency or Officer on appropriations made for its use.
(CBC 1985 6-9.4; Ord. 2017 c. 2)
6-9.5   Authorized Revolving Funds.
   (A)   Public Art Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Public Art Revolving Fund authorized for use by the Mayor’s Office of Arts and Culture.
      (2)   Revenues. The City Auditor shall establish the Public Art Revolving Fund as a separate account and credit to the fund the revenue received from easements within the public way granted by the Public Improvement Commission.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Arts and Culture may incur liabilities against and spend monies from the Public Art Facilities Revolving Fund for purchasing goods and services to support public art to enhance the public realm throughout the city.
      (4)   Fiscal years. The Public Art Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (B)   Strand Theatre Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Strand Theatre Revolving Fund authorized for use by the Mayor’s Office of Arts and Culture.
      (2)   Revenues. The City Auditor shall establish the Strand Theatre Revolving Fund as a separate account and credit to the fund the revenue derived from rental fees for the use of the Strand Theatre charged and received by the Mayor’s Office of Arts and Culture.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Arts and Culture may incur liabilities against and spend monies from the Strand Theatre Revolving Fund for expenses related to the operations of the Strand Theatre.
      (4)   Fiscal years. The Strand Theatre Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (C)   City Hall Child Care Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the City Hall Child Care Revolving Fund authorized for use by the Boston Centers for Youth and Families Department.
      (2)   Revenues. The City Auditor shall establish the City Hall Child Care Revolving Fund as a separate account and credit to the fund the revenue from tuition payments received from parents of children in the program charged and received by the Boston Centers for Youth and Families Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Centers for Youth and Families Department may incur liabilities against and spend monies from the City Hall Child Care Revolving Fund to pay salaries and benefits of employees and to purchase supplies and equipment necessary to operate the City Hall Child Care.
      (4)   Fiscal years. The City Hall Child Care Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (D)   Boston Public School Transportation Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Transportation Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Transportation Revolving Fund as a separate account and credit to the fund the revenue received by the Boston Public School Department for the provision of transportation to groups and entities for field trips and activities other than transportation to and from school.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Transportation Revolving Fund for Boston Public School Transportation, including bus and public transportation costs.
      (4)   Fiscal years. The Boston Public School Transportation Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (E)   Boston Public School Facilities Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Facilities Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Facilities Revolving Fund as a separate account and credit to the fund receipts from lease, permit for use and parking fees charged and received by the Boston Public School Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Facilities Revolving Fund to repair and maintain Boston Public School facilities, including custodial and utility costs for extended building time, floor refinishing, landscaping and building repairs.
      (4)   Fiscal years. The Boston Public School Facilities Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (F)   Boston Public School Technology Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Boston Public School Technology Revolving Fund authorized for use by the Boston Public School Department.
      (2)   Revenues. The City Auditor shall establish the Boston Public School Technology Revolving Fund as a separate account and credit to the fund the revenue derived from equipment sales and repair fees charged and received by the Boston Public School Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Public School Department may incur liabilities against and spend monies from the Boston Public School Technology Revolving Fund for repairs and purchase of BPS computer technology including computers, mobile devices and instructional software.
      (4)   Fiscal years. The Boston Public School Technology Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (G)   Distributed Energy Resource Revenue Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Distributed Energy Resource Revenue Revolving Fund authorized for use by the Environment Department.
      (2)   Revenues. The City Auditor shall establish the Distributed Energy Resource Revenue Revolving Fund as a separate account and credit to the fund the revenue derived from:
         (a)   The sale of solar renewable energy certificates produced by city photovoltaic arrays;
         (b)   The sale of alternative energy certificates produced by School Department combined heat and power units; and
         (c)   Demand response program revenues earned by School Department combined heat and power units charged and received by the Environment Department.
      (3)   Purposes and expenditures. During each fiscal year, the Environment Department may incur liabilities against and spend monies from the Distributed Energy Resource Revenue Revolving Fund to:
         (a)   Purchase offsets of greenhouse gas emissions which shall be associated with a portion of the electricity consumed by the city annually;
         (b)   Monitor, operate and maintain existing city and School Department photovoltaic arrays; and
         (c)   Monitor, operate and maintain School Department combined heat and power units.
      (4)   Fiscal years. The Distributed Energy Resource Revenue Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (H)   Animal Control Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Animal Control Revolving Fund authorized for use by the Parks and Recreation Department.
      (2)   Revenues. The City Auditor shall establish the Animal Control Revolving Fund as a separate account and credit to the fund fees and fines generated from enforcement actions and registrations charged and received by the Parks and Recreation Department.
      (3)   Purposes and expenditures. During each fiscal year, the Parks and Recreation Department may incur liabilities against and spend monies from the Animal Control Revolving Fund to reimburse City Agencies for administrative costs of enforcing Subsection 16-1.9(A) and (B) and for costs associated with registration and licensing (of dogs) with fees and fines generated from enforcement actions and registrations.
      (4)   Fiscal years. The Animal Control Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (I)   Third Party Property Damages Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Third Party Property Damages Revolving Fund authorized for use by the Law Department.
      (2)   Revenues. The City Auditor shall establish the Third Party Property Damages Revolving Fund as a separate account and credit to the fund receipts from recoveries for damages to city property caused by third parties charged and received by the Law Department.
      (3)   Purposes and expenditures. During each fiscal year, the Law Department may incur liabilities against and spend monies from the Third Party Property Damages Revolving Fund for purchasing goods and services to pay for repairs to city property.
      (4)   Fiscal years. The Third Party Property Damages Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (J)   City Hall Plaza Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the City Hall Plaza Revolving Fund authorized for use by the Mayor’s Office of Tourism.
      (2)   Revenues. The City Auditor shall establish the City Hall Plaza Revolving Fund as a separate account and credit to the fund the revenue derived from rental of City Hall Plaza per Subsection 11-7.14.
      (3)   Purposes and expenditures. During each fiscal year, the Mayor’s Office of Tourism may incur liabilities against and spend monies from the City Hall Plaza Revolving Fund to purchase goods and services to support events and programming on and around City Hall Plaza to advance tourism and promote participation in public celebrations, civic and cultural events.
      (4)   Fiscal years. The City Hall Plaza Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (K)   Police Academy Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Police Academy Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Police Academy Revolving Fund as a separate account and credit to the fund receipts of tuition and other fees paid by outside law enforcement agencies for training at the Boston Police Academy charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Police Academy Revolving Fund to purchase training equipment, certify instructors, update facilities and provide funds for other training needs not otherwise budgeted.
      (4)   Fiscal years. The Police Academy Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (L)   Canine Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Canine Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Canine Revolving Fund as a separate account and credit to the fund tuition and other fees paid by outside law enforcement agencies for training with the Canine Unit at the Boston Police Department Special Operations Division charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Canine Revolving Fund for purchasing training equipment, certifying instructors, updating facilities to support its Canine Unit training programs for Officers and Police dogs for non-City of Boston law enforcement agencies, and providing funds for other training needs.
      (4)   Fiscal years. The Canine Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (M)   Fitness Center Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Fitness Center Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Fitness Center Revolving Fund as a separate account and credit to the fund the revenue derived from monthly membership fees charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Fitness Center Revolving Fund to pay salaries and benefits of employees and to purchase supplies and equipment necessary to operate the Police Department Fitness Center.
      (4)   Fiscal years. The Fitness Center Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
   (N)   Hackney Revolving Fund.
      (1)   Fund name. There shall be a separate fund called the Hackney Revolving Fund authorized for use by the Boston Police Department.
      (2)   Revenues. The City Auditor shall establish the Hackney Revolving Fund as a separate account and credit to the fund a one-time $75 new applicant fee that drivers pay for Hackney Carriage Driver Training Class charged and received by the Boston Police Department.
      (3)   Purposes and expenditures. During each fiscal year, the Boston Police Department may incur liabilities against and spend monies from the Hackney Revolving Fund for purchasing, leasing or renting space, materials and equipment to be partially or wholly used for instructional purposes for new hackney carriage driver applicants and provide funds for other educational needs.
      (4)   Fiscal years. The Hackney Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(CBC 1985 6-9.5; Ord. 2017 c. 2; Ord. 2018 c. 3 §§ 1, 2, 3, 4; Ord. 2019 c. 4 § 1)
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