§ 2-A — Local indebtedness for water supply, sewage disposal and drainage facilities and purposes; allocations and exclusions of indebtedness

New York § 2-A

• Jurisdiction: New York
• Law CNS: Constitution
• Art. VIII: Local Finances

Text

§ 2-a. Notwithstanding the provisions of section one of this article,\nthe legislature by general or special law and subject to such conditions\nas it shall impose:\n A. May authorize any county, city, town or village or any county or\ntown on behalf of an improvement district to contract indebtedness to\nprovide a supply of water, in excess of its own needs, for sale to any\nother public corporation or improvement district;\n B. May authorize two or more public corporations and improvement\ndistricts to provide for a common supply of water and may authorize any\nsuch corporation, or any county or town on behalf of an improvement\ndistrict, to contract joint indebtedness for such purpose or to contract\nindebtedness for specific proportions of the cost;\n C. May authorize any county, city, town or village or any county or\ntown on behalf of an improvement district to contract indebtedness to\nprovide facilities, in excess of its own needs, for the conveyance,\ntreatment and disposal of sewage from any other public corporation or\nimprovement district;\n D. May authorize two or more public corporations and improvement\ndistricts to provide for the common conveyance, treatment and disposal\nof sewage and may authorize any such corporation, or any county or town\non behalf of an improvement district, to contract joint indebtedness for\nsuch purpose or to contract indebtedness for specific proportions of the\ncost;\n E. May authorize any county, city, town or village or any county or\ntown on behalf of an improvement district to contract indebtedness to\nprovide facilities, in excess of its own needs, for drainage purposes\nfrom any other public corporation or improvement district.\n F. May authorize two or more public corporations and improvement\ndistricts to provide for a common drainage system and may authorize any\nsuch corporation, or any county or town on behalf of an improvement\ndistrict, to contract joint indebtedness for such purpose or to contract\nindebtedness for specific proportions of the cost.\n Indebtedness contracted by a county, city, town or village pursuant to\nthis section shall be for a county, city, town or village purpose,\nrespectively. In ascertaining the power of a county, city, town or\nvillage to contract indebtedness, any indebtedness contracted pursuant\nto paragraphs A and B of this section shall be excluded.\n The legislature shall provide the method by which a fair proportion of\njoint indebtedness contracted pursuant to paragraphs D and F of this\nsection shall be allocated to any county, city, town or village.\n The legislature by general law in terms and in effect applying alike\nto all counties, to all cities, to all towns and/or to all villages also\nmay provide that all or any part of indebtedness contracted or proposed\nto be contracted by any county, city, town or village pursuant to\nparagraphs D and F of this section for a revenue producing public\nimprovement or service may be excluded periodically in ascertaining the\npower of such county, city, town or village to contract indebtedness.\nThe amount of any such exclusion shall have a reasonable relation to the\nextent to which such public improvement or service shall have yielded or\nis expected to yield revenues sufficient to provide for the payment of\nthe interest on and amortization of or payment of indebtedness\ncontracted or proposed to be contracted for such public improvement or\nservice, after deducting all costs of operation, maintenance and repairs\nthereof. The legislature shall provide the method by which a fair\nproportion of joint indebtedness proposed to be contracted pursuant to\nparagraphs D and F of this section shall be allocated to any county,\ncity, town or village for the purpose of determining the amount of any\nsuch exclusion. The provisions of paragraph C of section five and\nsection ten-a of this article shall not apply to indebtedness contracted\npursuant to paragraphs D and F of this section.\n The legislature may provide that any allocation of indebtedness, or\ndetermination of the amount of any exclusion of indebtedness, made\npursuant to this section shall be conclusive if made or approved by the\nstate comptroller.\n