§ 29 — Local financial provisions

New York § 29

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 3: Civil Defense

Text

§ 29. Local financial provisions. 1. All civil defense expenditures of\na city, including but not limited to the cost of maintenance and\noperation of its city office, if any, shall be a city charge. All civil\ndefense expenditures of a county, including but not limited to the cost\nof maintenance and operation of a county office, shall be a general\ncounty charge, provided however that where a city, town or village has\nprovided facilities pursuant to section twenty-three-a of this act, the\ncharge for the expenditures thereafter made by such county for providing\nfacilities pursuant to section twenty-three-a of this act shall be\nequitably allocated by the legislative body of the county as defined in\nsubdivision seven of section two of the municipal home rule law. All\ncivil defense expenditures of a town shall be a general town charge,\nprovided however that where a deputy director for a village not wholly\nwithin one town is appointed pursuant to subdivision two of section\ntwenty-two of this act, the expenditures made by such town pursuant to\nsuch subdivision shall be a charge against the area of the town\nexclusive of such village. Where a village has provided facilities\npursuant to section twenty-three-a of this act, the charge for the\nexpenditures thereafter made by such town for providing facilities\npursuant to section twenty-three-a of this act shall be equitably\nallocated by the town board. All civil defense expenditures of a village\nshall be a village charge.\n 2. Each political subdivision of the state shall have the power:\n (a) To appropriate and spend money in the manner provided by law for\nthe acquisition, construction and installation of shelters, fallout\nshelters and other civil defense facilities and the acquisition of\nmaterials pursuant to section twenty-three-a of this act. Any\nexpenditure by a political subdivision having power to contract\nindebtedness pursuant to the local finance law for such shelters,\nfallout shelters, civil defense facilities and materials may be financed\nby the issuance of obligations pursuant to such law, from the proceeds\nof taxes raised for such purpose or from any available funds of the\npolitical subdivision. The period of probable usefulness of any such\nshelter or fallout shelter is determined to be twenty years unless a\nlonger period is prescribed by the local finance law and the period of\nprobable usefulness of any other civil defense facilities and materials\nis determined to be ten years unless a longer period is prescribed by\nthe local finance law. The provisions of section 107.00 of the local\nfinance law shall not apply to the financing of any such object or\npurpose.\n (b) To appropriate and spend money in the manner provided by law for\nother civil defense measures contemplated by this article or by section\nthirty-four of this act, provided such expenditures are not inconsistent\nwith the plan, regulations or orders of the commission or with the\napplicable local plan promulgated under this act. The limitations of\nsection 29.00 of the local finance law, with respect to the amount of\nbudget notes which may be issued in any fiscal year, shall not apply to\nbudget notes issued to finance such measures and, notwithstanding any\nprovision of the local finance law, budget notes for such measures may\nbe authorized by at least a majority vote of the voting strength of the\nfinance board. In addition to the issuance of budget notes for such\nmeasures, a political subdivision having the power to contract\nindebtedness pursuant to the local finance law, with the approval of the\ncommission, shall have power to issue serial bonds or capital notes\npursuant to such law in an amount not to exceed one hundred thousand\ndollars in any fiscal year. The commission shall not give any approval\npursuant to this paragraph until after it shall have obtained the advice\nof the state comptroller with respect to the financial condition of the\npolitical subdivision. If no period of probable usefulness is provided\nin the local finance law for any such measures, the period of probable\nusefulness therefor shall be three years. The provisions of section\n107.00 of the local finance law shall not apply to the financing of any\nsuch object or purpose.\n (c) To participate in providing shelter protection against radioactive\nfallout for the inhabitants of such political subdivision by cooperating\nwith the commission and with schools, colleges and universities located\nwithin such political subdivision in the acquisition, construction or\ninstallation of fallout shelter at such schools, colleges and\nuniversities for which state civil defense aid is payable pursuant to\nsection thirty-five of this act and by paying in consideration for such\nshelter protection for its inhabitants a portion of the cost of such\nfallout shelters, provided that no such payment shall exceed the\naggregate cost of such fallout shelters less the amount of state civil\ndefense aid payable pursuant to that section.\n 3. Indebtedness contracted or proposed to be contracted by a school\ndistrict, other than a school district coterminous with, or partly\nwithin, or wholly within a city, to finance the acquisition,\nconstruction and installation of a shelter or fallout shelter by such\nschool district pursuant to section twenty-three-a of this act may be\nexcluded from the indebtedness of such school district in ascertaining\nits power under section 104.00 of the local finance law to contract\nindebtedness, but only to the extent to which such indebtedness, at the\ntime it was contracted or is to be contracted, did not or will not\nexceed fifty dollars multiplied by the planned shelter occupancy of such\nshelter.\n 4. In addition to powers otherwise conferred by law and\nnotwithstanding any inconsistent provision of law:\n a. Each political subdivision of the state shall have the power to\nappropriate and spend money to demolish unsafe structures owned by it or\nunder its care, custody or control, to remove debris from any property\nowned by it or under its care, custody or control, and to reconstruct,\nreplace or repair capital improvements, equipment, machinery, apparatus\nand furnishings, when such demolition, removal, reconstruction,\nreplacement or repair is necessitated because of attack. Any such\nreconstruction or replacement of a capital improvement may be made upon\na new site or upon the same site.\n b. Any city, town or village shall have the power to appropriate and\nspend money to demolish any unsafe structures, whether publicly or\nprivately owned, and may remove debris from any property, whether\npublicly or privately owned, if the governing board of the municipality\ndetermines such structures or debris to be a peril to the lives and\nproperty of the citizens of the municipality, when such demolition or\nremoval is necessitated because of attack, except that such expenditures\nshall not be made by a town within a city located in such town or by a\ntown within a village located in whole or part in such town.\n Any expenditure for an object or purpose described in this subdivision\nby a political subdivision having power to contract indebtedness\npursuant to the local finance law may be financed by the issuance of\nobligations pursuant to such law, from the proceeds of taxes raised for\nsuch purpose or from any available funds of the political subdivision.\nThe period of probable usefulness of the objects and purposes for which\nany such expenditure may be made is determined to be ten years unless a\nlonger period is prescribed by the local finance law. The provisions of\nsection 107.00 of the local finance law shall not apply to the financing\nof any such object or purpose. Any provisions of law:\n (1) Requiring the holding of hearings on or the publication of notices\nin relation to the effectuation of any such purpose or work or the\nfinancing thereof,\n (2) Requiring that the effectuation of any such purpose or work or the\nfinancing thereof be subject to a vote at any election, to a mandatory\nor permissive referendum, or to the voting of a tax to be collected in\none or more installments,\n (3) Requiring that the effectuation of any such purpose or work or the\nfinancing thereof be initiated only upon petition,\n (4) Permitting the issuance of obligations only after the completion\nof the effectuation of any such purpose or work or the levy of\nassessments therefor,\n (5) Requiring the approval of any public board or body other than the\ngoverning board or the finance board, for the effectuation of any such\npurpose or work or the financing thereof, the advertisement for bids or\nthe letting of contracts therefor after competitive bidding, and any\nother provisions of law insofar as they tend to prevent, hamper or delay\nthe effectuation of any such purpose or work or the financing thereof,\nshall be inoperative for the purposes of this subdivision, except that\nthe provisions of sections 57.00, 58.00, 59.00, 60.00, 60.10, 60.20,\n63.00, 81.00, 82.00, 83.00, 102.00, 104.00, 104.10, other than\nsubdivision one thereof, 109.00, 150.00, 151.00, 152.00 and 165.10 of\nthe local finance law shall continue to be applicable to the financing\nthereof when obligations are issued.\n Notwithstanding the fact that the effectuation of any such purpose or\nwork may be required pursuant to law to be undertaken wholly or partly\nat the expense of the real property especially benefited thereby, it may\nbe undertaken at the expense of the political subdivision at large\nwithout charging any part of the cost thereof to real property\nespecially benefited.\n