§ 6279 — Payments to fund

New York § 6279

• Jurisdiction: New York
• Law EDN: Education
• Title 7: State and City Colleges and Institutions-cornell University
• Art. 125-B: City University Construction Fund

Text

§ 6279. Payments to fund. To enable the fund to realize its corporate\npurposes, as provided in section sixty-two hundred seventy-three of this\narticle, the following monies shall be made available to the fund as\nhereinafter provided:\n (1) The state shall, in addition to any other state financial\nassistance, annually appropriate and pay to the fund an amount equal to\nthe aggregate of all rentals and such other payments due to the\ndormitory authority from the fund pursuant to any lease, sublease or\nother agreement entered into between the dormitory authority and the\nfund prior to July first, nineteen hundred eighty-five or pursuant to\nany agreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide senior college facilities, for the city\nfiscal year commencing July first succeeding the filing of the report\nrequired to be submitted by the fund pursuant to subdivision seven of\nsection sixty-two hundred seventy-four of this article. Such amount\nshall be paid to the fund as follows: (i) on or before the fifteenth day\nof July of the fiscal year of the city, the amount required to be paid\nby the fund under any such lease, sublease or other agreement on or\nbefore the first day of August of such city fiscal year; (ii) on or\nbefore the fifteenth day of November of the fiscal year of the city, the\namount required to be paid by the fund under any such lease, sublease or\nother agreement on or before the tenth day of December of such city\nfiscal year; (iii) on or before the fifteenth day of May of the fiscal\nyear of the city, the amount required to be paid by the fund under any\nsuch lease, sublease or other agreement on or before the tenth day of\nJune of such city fiscal year; and (iv) on such day or days as shall be\nprescribed under any such lease, sublease or other agreements, the\namount required to be paid by the fund under any such lease, sublease or\nother agreements entered into on or after April first, nineteen hundred\nninety-nine.\n The state shall, in addition to any other state financial assistance,\nannually appropriate and pay to the fund an amount equal to one-half the\naggregate of all rentals and such other payments due to the dormitory\nauthority from the fund pursuant to any lease, sublease or other\nagreement entered into between the dormitory authority and the fund\nprior to July first, nineteen hundred eighty-five or pursuant to any\nagreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide community college facilities, for the city\nfiscal year commencing July first succeeding the filing of the report\nrequired to be submitted by the fund pursuant to subdivision seven of\nsection sixty-two hundred seventy-four of this article, which amount\nshall be payable as follows: (a) fifty per centum of such amount shall\nbe payable, (i) with respect to any portion thereof required to be paid\nby the fund under any such lease, sublease or other agreement on or\nbefore the first day of August of such city fiscal year, on or before\nthe fifteenth day of July, and (ii) with respect to any portion thereof\nso required to be paid by the fund on or before the tenth day of\nDecember of such city fiscal year, on or before the fifteenth day of\nNovember; (b) fifty per centum of such amount shall be payable on or\nbefore the fifteenth day of May of such city fiscal year; and (c) fifty\nper centum of such amount shall be payable on such day or days as shall\nbe prescribed under any such lease, sublease or other agreements, the\namount required to be paid by the fund under any such lease, sublease or\nother agreements entered into on or after April first, nineteen hundred\nninety-nine.\n (2) The city shall, in addition to any other city financial\nassistance, annually pay to the fund an amount equal to one-half of the\naggregate of all rentals and such other payments due to the dormitory\nauthority from the fund pursuant to any lease, sublease or other\nagreement entered into between the dormitory authority and the fund\nprior to July first, nineteen hundred eighty-five or pursuant to any\nagreement supplemental thereto, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article, which amount shall be payable as follows:\n(a) fifty per centum of such amount shall be payable, (i) with respect\nto any portion thereof required to be paid by the fund under any such\nlease, sublease or other agreement on or before the first day of August\nof such city fiscal year, on or before the fifteenth day of July, and\n(ii) with respect to any portion thereof so required to be paid by the\nfund on or before the tenth day of December of such city fiscal year, on\nor before the fifteenth day of November; and (b) fifty per centum of\nsuch amount shall be payable on or before the fifteenth day of May of\nsuch city fiscal year; provided, however, that such amount shall have\nbeen first appropriated by the city to the fund or shall otherwise have\nbeen made lawfully available to the fund for such purposes; provided,\nfurther, that the amount required to be paid to the fund by the city at\nany time on account of the rentals and such other payments due to the\ndormitory authority from the fund pursuant to any lease, sublease or\nother agreement entered into between the dormitory authority and the\nfund prior to July first, nineteen hundred eighty-five or pursuant to\nany agreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide senior college facilities, shall be reduced\nby an amount equal to the amount by which the payment made by the state\npursuant to the first paragraph of subdivision one of this section on\naccount of such lease, sublease or other agreement exceeds one-half of\nthe amount then required to be paid by the state on account of such\nlease, sublease or other agreement. In the event of the failure of the\ncity to pay the fund, pursuant to the schedule of payments established\nby this subdivision, all or part of such amounts, the fund shall\nforthwith make and deliver to the comptroller of the state of New York a\ncertificate stating such amount and the sum, if any, paid by the city to\nthe fund with respect to such amount, and further stating the difference\nbetween such amount and such sum, and, after the state comptroller shall\nhave given written notice to the city director of management and budget,\nsuch difference, but not to exceed sixty-five million dollars in any one\ncity fiscal year, shall be paid to the fund by the state comptroller out\nof the next succeeding payment of state aid apportioned to the city of\nNew York as per capita aid for the support of local government pursuant\nto section fifty-four of the state finance law during such city fiscal\nyear. The amount so paid over to the fund shall be deducted from the\ncorresponding apportionment of such per capita state aid otherwise\npayable to the city of New York, and shall not obligate the state to\nmake or entitle the city of New York to receive any additional\napportionment or payment of per capita state aid. Notwithstanding any\nother provision of law, the city shall have the power to contract\nindebtedness and to issue its obligations pursuant to the local finance\nlaw for the purpose of financing any payment authorized or required to\nbe made by the city by this subdivision. Any such payment shall\nconstitute an object or purpose for which the period of probable\nusefulness is hereby determined to be five years.\n (3) (a) The state shall, in addition to any other state assistance,\nannually appropriate and pay to the city of New York for the\ntwelve-month period commencing July first, nineteen hundred eighty-two\nand thereafter, an amount equal to the amount paid by the city pursuant\nto subdivision two of this section attributable to senior college\nfacilities.\n (b) For the purposes of this section and subdivision seven of section\nsixty-two hundred seventy-four of this article, the term "senior college\nfacilities" shall be deemed to mean and refer to any facility of the\ncity university which is or has been financed by bonds, notes or other\nobligations of the dormitory authority pursuant to any lease, sublease\nor other agreement between the dormitory authority and the fund which\nrelates to an educational unit of the city university which was, or is,\nincluded as a senior college on the date as of which such lease,\nsublease or other agreement is dated.\n (c) In addition to the amounts specified in paragraph (a) of this\nsubdivision, the state shall, in addition to any other state assistance,\nannually appropriate and pay to the city of New York for the twelve\nmonth period commencing July first, nineteen hundred eighty-two and\nthereafter an amount equal to the amount paid by the city pursuant to\nsubdivision two of this section attributable to facilities of New York\ncity college of technology and to that educational unit of the college\nof Staten Island whose primary purpose is providing associate and\ncertificate programs in general and technical educational subjects.\n (4) The state shall, in addition to any other state financial\nassistance, annually appropriate and pay to the fund for the benefit of\nthe city university an amount equal to the aggregate of all rentals and\nother payments due to the dormitory authority from the fund on account\nof senior college facilities and one-half of all rentals and other\npayments due to the dormitory authority from the fund on account of\ncommunity college facilities, which rentals and other payments are\npayable by the fund pursuant to any lease, sublease or other agreement\nentered into between the dormitory authority and the fund on or after\nJuly first, nineteen hundred eighty-five, other than pursuant to an\nagreement supplemental to any lease, sublease or other agreement entered\ninto between the dormitory authority and the fund prior to July first,\nnineteen hundred eighty-five, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article. Such amount shall be paid to the fund as\nfollows: (i) on or before the fifteenth day of July of the fiscal year\nof the city, the amount required to be paid by the fund on account of\nsenior college facilities and fifty per centum of the amount required to\nbe paid by the fund on account of community college facilities under any\nsuch lease, sublease or other agreement on or before the first day of\nAugust of such city fiscal year; (ii) on or before the fifteenth day of\nNovember of the fiscal year of the city, the amount required to be paid\nby the fund on account of senior college facilities and fifty per centum\nof the amount required to be paid by the fund on account of community\ncollege facilities under any such lease, sublease or other agreement on\nor before the tenth day of December of such city fiscal year; and (iii)\non or before the fifteenth day of May of the fiscal year of the city,\nthe amount required to be paid by the fund on account of senior college\nfacilities and fifty per centum of the amount required to be paid by the\nfund on account of community college facilities under any such lease,\nsublease or other agreement on or before the tenth day of June of such\ncity fiscal year. In the event of the failure of the state to pay the\nfund when due pursuant to this subdivision all or part of such amounts,\nthe fund shall forthwith make and deliver to the comptroller of the\nstate of New York a certificate stating the amount of the payment\nrequired to have been made by the state, the amount paid by the state\nand the amount remaining unpaid by the state. The comptroller of the\nstate of New York, after giving written notice to the state director of\nthe budget, shall pay to the fund the amount set forth in such\ncertificate as remaining unpaid, which amount shall be paid from any\nmoneys appropriated by the state pursuant to section sixty-two hundred\ntwenty-one of this chapter or any successor provisions of law for or on\naccount of the net operating costs of senior colleges and not yet paid\nduring such city fiscal year and from any moneys appropriated by the\nstate pursuant to subdivision one of section sixty-three hundred four of\nthis chapter or any successor provisions of law for or on account of\noperating costs of community colleges and not yet paid during such city\nfiscal year or from any other moneys appropriated by the state for or on\naccount of the operating costs of senior or community colleges and not\nyet paid during such city fiscal years, which moneys are appropriated in\nlieu of or in addition to moneys appropriated pursuant to such\nprovisions of law. The amount required to be paid by the comptroller of\nthe state of New York pursuant to this subdivision shall be paid to the\nfund as soon as practicable after receipt of the certificate of the fund\nand notice to the state director of the budget is given whether or not\nthe moneys from which such payment is to be made are then payable to the\ncity or the city university; provided, however, that any amounts\ndescribed in clause (i), (ii) or (iii) of this subdivision that are\npayable other than semi-annually, including for variable rate bonds,\ninterest rate exchange or similar agreements, or other financing\narrangements permitted by law, may be paid at such other times as the\nstate may elect, but in no event later than the fifteenth day of the\nmonth preceding the month during which the fund is required by such\nlease, sublease or agreement to pay such amounts.\n (5) The city shall, in addition to any other city financial\nassistance, annually appropriate and pay to the fund for the benefit of\nthe city university an amount equal to: (i) one-half of the aggregate of\nall rentals and such other payments where the dormitory authority has\nfinanced the entire capital cost of constructing community college\nfacilities, and (ii) all of the aggregate rentals and such other\npayments where the dormitory authority has financed only the local\nsponsor's portion of the capital cost of constructing community college\nfacilities pursuant to any lease, sublease or other agreement entered\ninto between the dormitory authority and the fund on or after July\nfirst, nineteen hundred eighty-five, other than pursuant to an agreement\nsupplemental to any lease, sublease or other agreement entered into\nbetween the dormitory authority and the fund prior to July first,\nnineteen hundred eighty-five, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article. Such amount shall be paid to the fund as\nfollows: (i) on or before the fifteenth day of July of the fiscal year\nof the city, fifty per centum of the amount required to be paid by the\nfund on account of community college facilities under any such lease,\nsublease or other agreement on or before the first day of August of such\ncity fiscal year; (ii) on or before the fifteenth day of November of the\nfiscal year of the city, fifty per centum of the amount required to be\npaid by the fund on account of community college facilities under any\nsuch lease, sublease or other agreement on or before the tenth day of\nDecember of such city fiscal year; and (iii) on or before the fifteenth\nday of May of the fiscal year of the city, fifty per centum of the\namount required to be paid by the fund on account of community college\nfacilities under any such lease, sublease or other agreement on or\nbefore the tenth day of June of such city fiscal year. In the event of\nthe failure of the city to pay the fund when due pursuant to this\nsubdivision all or part of such amounts, the fund shall forthwith make\nand deliver to the comptroller of the state of New York a certificate\nstating the amount of the payment required to have been made by the\ncity, the amount paid by the city and the amount remaining unpaid by the\ncity. The comptroller of the state of New York, after giving written\nnotice to the city director of management and budget, shall pay to the\nfund the amount set forth in such certificate as remaining unpaid, which\namount shall be paid, first, from the next succeeding payments of state\naid apportioned to the city as per capita aid for the support of local\ngovernment pursuant to section fifty-four of the state finance law\nduring such city fiscal year, provided that the amount the comptroller\nof the state of New York may pay pursuant to this subdivision from such\nnext succeeding payment of state aid shall be limited to an amount\nwhich, together with (i) the amount of such state aid theretofore paid\nand then to be paid by the comptroller of the state of New York pursuant\nto subdivision two of this section, (ii) the amount of such state aid\ntheretofore paid pursuant to this subdivision and (iii) the maximum\namount which may thereafter be required to be paid pursuant to\nsubdivision two of this section, in each such case during the city\nfiscal year in which the payment is to be made pursuant to this\nsubdivision, does not exceed sixty-five million dollars; and, if the\namount of such state aid so paid by the comptroller of the state of New\nYork is less than the amount set forth in the certificate of the fund as\nremaining unpaid, then from any moneys appropriated by the state\npursuant to section sixty-two hundred twenty-one of this chapter or any\nsuccessor provisions of law for or on account of the net operating costs\nof senior colleges and not yet paid during such city fiscal year and\nfrom any moneys appropriated by the state pursuant to subdivision one of\nsection sixty-three hundred four of this chapter or any successor\nprovisions of law for or on account of operating costs of community\ncolleges and not yet paid during such city fiscal year or from any\nmoneys appropriated by the state for or on account of the operating\ncosts of senior or community colleges and not yet paid during such city\nfiscal year, which moneys are appropriated in lieu of or in addition to\nmoneys appropriated pursuant to such provisions of law. The amount\nrequired to be paid by the comptroller of the state of New York pursuant\nto this subdivision shall be paid to the fund as soon as practicable\nafter receipt of the certificate of the fund and notice to the city\ndirector of management and budget is given, whether or not the state aid\nor other moneys from which such payment is to be made is then payable to\nthe city or the city university. The amount of the state aid or other\nmoneys payable to the city or the city university from which the\ncomptroller of the state of New York has made a payment pursuant to this\nsubdivision shall be reduced by the amount so paid to the fund\nnotwithstanding the amount appropriated and apportioned by the state to\nthe city or the city university, and the state shall not be obligated to\nmake and the city or the city university shall not be entitled to\nreceive any additional apportionment or payment of such state aid or\nother moneys; provided, however, that any amounts described in clause\n(i), (ii) or (iii) of this subdivision that are payable other than\nsemi-annually, including for variable rate bonds, interest rate exchange\nor similar agreements, or other financing arrangements permitted by law,\nmay be paid at such other times as the city may elect, but in no event\nlater than the fifteenth day of the month preceding the month during\nwhich the fund is required by such lease, sublease or agreement to pay\nsuch amounts.\n (6) The amounts of money required to be paid pursuant to this section\nshall be determined from the report required to be submitted by the fund\npursuant to subdivision seven of section sixty-two hundred seventy-four\nof this article. Nothing contained in subdivision four or five of this\nsection shall be construed to create an obligation upon the state to\nappropriate moneys for or on account of the operating costs of senior or\ncommunity colleges, to preclude the state from reducing the amount of\nmoneys appropriated or level of assistance provided for the operating\ncosts of senior or community colleges from the amount appropriated or\nlevel of assistance provided in any prior city fiscal year, or to\npreclude the state from altering or modifying the manner in which it\nprovides for or provides assistance for the operating costs of senior or\ncommunity colleges.\n (7) Notwithstanding the designation of Medgar Evers college as a\nsenior college, for the period commencing July first, nineteen hundred\nninety-four and thereafter, the city of New York shall include Medgar\nEvers college facilities in its calculation of amounts due the fund\npursuant to subdivision five of this section and for purposes of\nparagraph c of subdivision one of section sixty-three hundred four of\nthis chapter.\n