§ 26.00 — Temporary alternative methods of financing snow and ice removal expenses

New York § 26.00

• Jurisdiction: New York
• Law LFN: Local Finance
• Title 2: Local Obligations: Types Thereof
• Art. 2: Local Indebtedness

Text

§ 26.00 Temporary alternative methods of financing snow and ice\nremoval expenses. a. Definitions. 1. With respect to any municipality\nwhich has a calendar fiscal year which commenced on the first day of\nJanuary, two thousand two, the terms "extraordinary expenses for snow\nand ice removal" and "such extraordinary expenses", as used in this\nsection, shall mean the expenses incurred for the removal of snow and\nice from the public thoroughfares and public places of such municipality\nduring any month in such year up to and including June two thousand\nthree, in excess of the normal expenses which would have been incurred\nfor such purposes during such period, as determined by the finance board\nof such municipality. In making any such determination, the finance\nboard shall not include as a part of such extraordinary expenses the\nsalaries and wages of regular employees, except for overtime work and\nwork on Sundays and holidays.\n 2. With respect to any municipality which has a fiscal year which\ncommenced in the year two thousand two on or after the first day of\nMarch in such year, the terms "extraordinary expenses for snow and ice\nremoval" and "such extraordinary expenses", as used in this section,\nshall mean the expenses incurred for the removal of snow and ice from\nthe public thoroughfares and public places of such municipality during\nsuch fiscal year, in excess of the amounts appropriated for such\npurposes in the annual budget for such fiscal year, or, if no such\nappropriations were made, then in excess of the average of all\nexpenditures for such purposes during each of the five preceding fiscal\nyears, as determined by the finance board of such municipality.\n b. The financing of snow and ice removal expenses by the issuance of\nserial bonds. 1. The finance board of a municipality which has a fiscal\nyear which commenced on the first day of January, two thousand two, may\nauthorize the issuance of serial bonds in the two thousand three fiscal\nyear to provide for the payment of all or part of the extraordinary\nexpenses of snow and ice removal incurred during any month in the year\ntwo thousand two up to and including June two thousand three, to\nreimburse any fund or account of the municipality from which monies to\npay such extraordinary expenses have been advanced or to replenish any\nfund or account of the municipality from which such extraordinary\nexpenses have been paid, or any combination of such purposes,\nnotwithstanding that there may have been lack of statutory authority for\nany such advance or payment from such fund or account. The period of\nprobable usefulness of such objects or purposes shall be five years. Any\nsuch serial bonds shall have a maximum maturity of over two years, but\nthe date of final maturity of any such issue shall not extend beyond the\nfirst day of March in the year two thousand eight as to counties and\ntowns and shall not extend beyond the thirty-first day of December, two\nthousand eight, as to other municipalities.\n 2. The finance board of a municipality which has a fiscal year which\ncommenced in the year two thousand two on or after the first day of\nMarch in such year may authorize the issuance of serial bonds in such\nfiscal year, or in its next succeeding fiscal year, to provide for the\npayment of all or part of the extraordinary expenses of snow and ice\nremoval incurred in such fiscal year, to reimburse any fund or account\nof the municipality from which monies to pay such extraordinary expenses\nhave been advanced or to replenish any fund or account of the\nmunicipality from which such extraordinary expenses have been paid, or\nany combination of such purposes, notwithstanding that there may have\nbeen lack of statutory authority for any such advance or payment from\nsuch fund or account. The period of probable usefulness of such objects\nor purposes shall be five years. Any such serial bonds shall have a\nmaximum maturity of over two years, but the date of final maturity of\nany such issue shall not extend beyond the thirty-first day of December,\ntwo thousand seven.\n 3. Notwithstanding the foregoing provisions of subdivisions one and\ntwo of this paragraph, serial bonds may not be authorized to be issued\nfor the purpose of financing any portion of such extraordinary expenses\ndescribed in such subdivisions which heretofore have been or hereafter\nshall be financed by the issuance of budget notes or for the purpose of\nredeeming any such notes.\n 4. Except as provided in this section, such serial bonds and any bond\nanticipation notes in anticipation thereof, shall be authorized, sold\nand issued in the manner provided by this chapter. Any bond anticipation\nnotes issued in anticipation of such bonds shall, for the purpose of\ndetermining the power of the issuer to contract indebtedness and to\nraise taxes upon real estate, be deemed to be serial bonds of an issue\nhaving a maximum maturity of more than two years as described in\nsubdivision A of section five and in section ten of article eight of the\nstate constitution and for the purposes of (1) paragraph one-a of\nsection 136.00 of this chapter, (2) section two hundred thirty-three of\nthe county law, (3) any general or special law applicable to counties,\ncities and villages which relates to the raising of taxes on real estate\nto provide for the payment of the interest on and the principal of\nindebtedness, and (4) all laws relating to the financial reports, debt\nstatements and real estate tax margin computations of such\nmunicipalities. The chief fiscal officer of any municipality issuing or\nrenewing such bond anticipation notes shall immediately after the\nissuance or renewal thereof notify the state comptroller of such\nissuance or renewal. The state comptroller may prescribe the form of any\nsuch notice and shall furnish such forms to municipalities for the\npurpose of making any such report.\n 5. Capital notes may not be issued to finance any object or purpose\nfor which serial bonds are authorized to be issued pursuant to this\nparagraph. The provisions of this paragraph shall not affect the power\nof any municipality described in paragraph a of this section to finance\nall or part of any such extraordinary expenses pursuant to the\nprovisions of section 29.00 of this title and paragraph c of this\nsection.\n 6. Section 104.10 of this chapter shall not be applicable in relation\nto, or as the result of, the adoption of a bond resolution authorizing\nthe issuance of serial bonds pursuant to this paragraph. The provisions\nof section 10.00, paragraph a of section 21.00 and any other section of\nthis chapter, or the provisions of any general, special or local law,\nwhich would restrict, limit or prohibit the issuance of such bonds\n(except those enacted to conform with the state constitution) are, to\nthe extent that this section is utilized by a municipality, suspended\nand made ineffective in so far as necessary to effectuate the purposes\nof this section; provided, however, that this paragraph shall not apply\nto a city having a population of over one million inhabitants, if the\nlegislature at the request of such city enacts a law at the one hundred\neighty-fourth annual session of the legislature amending the\nadministrative code of such city in relation to facilitating payment of\ncertain unusual snow and ice removal expenses of the city incurred in\nits current fiscal year nineteen hundred sixty--nineteen hundred\nsixty-one.\n c. The financing of snow and ice removal expenses by the issuance of\nbudget notes. 1. If any municipality described in paragraph a of this\nsection has heretofore issued budget notes pursuant to the provisions of\nsubdivision two of paragraph a of section 29.00 of this title to provide\nfor the payment of extraordinary expenses of snow and ice removal, as\ndefined in this section, the finance board, by resolution, may determine\nthat such notes shall be deemed to have been issued pursuant to the\nprovisions of subdivision one of paragraph a of such section and that\nsuch notes so issued shall not thereafter be considered in determining\nthe power of such municipality to issue budget notes pursuant to such\nsubdivision two.\n 2. If any municipality described in paragraph a of this section has\nheretofore issued budget notes pursuant to the provisions of subdivision\none or two of paragraph a, or paragraph b, of section 29.00 of this\ntitle, to provide for the payment of extraordinary expenses of snow and\nice removal, as defined in this section, the finance board may determine\nthat the provisions of paragraph j of such section shall not be\napplicable in relation to the maturity of such notes and (a) that such\nnotes shall mature in equal annual installments in two different fiscal\nyears, but the final maturity of such notes shall not extend beyond the\nclose of the second fiscal year immediately succeeding the year of their\nissue, or (b) if the fiscal procedures applicable to such municipality\nwill enable the necessary budgetary appropriations for debt service to\nbe made and such appropriations to become available, that such notes\nshall mature in three equal annual installments in three different\nfiscal years, but the final maturity of any such notes shall not exceed\nthree years in accordance with the provisions of paragraph a of section\n11.00 of this chapter which prescribes a period of probable usefulness\nof three years for objects or purposes financed by the issuance of\nbudget notes. Such budget notes which mature in three equal annual\ninstallments, as aforesaid, shall, for the purpose of determining the\npower of the issuer to contract indebtedness and to raise taxes on real\nestate, be deemed to be serial bonds of an issue having a maximum\nmaturity of more than two years as described in subdivision A of section\nfive and in section ten of article eight of the state constitution and\nfor the purposes of (1) paragraph one-a of section 136.00 of this\nchapter, (2) section two hundred thirty-three of the county law, (3) any\ngeneral or special law applicable to counties, cities and villages which\nrelates to the raising of taxes on real estate to provide for the\npayment of the interest on and the principal of indebtedness, and (4)\nall laws relating to financial reports, debt statements and real estate\ntax margin computations of such municipalities. If the finance board\ndetermines that such budget notes shall mature in three equal annual\ninstallments, as aforesaid, the chief fiscal officer of such\nmunicipality immediately after the adoption of the resolution making\nsuch determination shall file a copy of the resolution with the state\ncomptroller and shall immediately after the issuance or renewal of such\nnotes notify the state comptroller of such issuance or renewal. The\nstate comptroller may prescribe the form of any such notice and shall\nfurnish such forms to municipalities for the purpose of making any such\nreport.\n 3. Notwithstanding any of the provisions of section 29.00 of this\ntitle, the finance board of a municipality described in paragraph a of\nthis section may authorize the issuance of budget notes pursuant to\nsubdivision one of paragraph a, or paragraph b, of such section 29.00 to\nprovide for the payment of all or part of the extraordinary expenses of\nsnow and ice removal, as defined in this section, to reimburse any fund\nor account of the municipality from which monies to pay such\nextraordinary expenses have been advanced or to replenish any fund or\naccount of the municipality from which such extraordinary expenses have\nbeen paid, or any combination of such purposes, notwithstanding that\nthere may have been lack of statutory authority for any such advance or\npayment from such fund or account. The finance board may determine that\nsuch notes may mature in the manner provided in paragraph j of section\n29.00, or, if the fiscal procedures applicable to such municipality will\nenable the necessary budgetary appropriations for debt service to be\nmade and such appropriations to become available, that such notes shall\nmature in two equal annual installments in two different fiscal years,\nbut the final maturity of such notes shall not extend beyond the close\nof the second fiscal year immediately succeeding the year of their\nissue.\n 4. If a municipality which had a calendar fiscal year which commenced\non the first day of January, two thousand two, issued budget notes in\nsuch year pursuant to the provisions of section 29.00 of this title to\nfinance the payment of expenses of removal of snow and ice in such\nfiscal year and if such budget notes, under the provisions of paragraph\nj of such section, could not be renewed after the close of its fiscal\nyear which would end in the year two thousand three, then and in such\nevent the finance board of such municipality may determine that the\nprovisions of paragraph j of such section shall not be applicable in\nrelation to the maturity of such notes and that such notes shall mature\nin equal annual installments in the years two thousand three and two\nthousand four.\n 5. If a municipality which had a calendar fiscal year which commenced\non the first day of January, two thousand two, authorized the issuance\nof budget notes in such year pursuant to the provisions of section 29.00\nof this chapter to finance the payment of expenses of removal of snow\nand ice in such year and if such notes were not issued in the year two\nthousand two, but were or are to be issued in the year two thousand\nthree, and if such budget notes, under the provisions of paragraph j of\nsuch section, could not be renewed after the close of its fiscal year\nwhich would end in the year two thousand four, then and in any such\nevent the finance board of such municipality may determine that the\nprovisions of paragraph j of such section shall not be applicable in\nrelation to the maturity of such notes and that such notes shall mature\nin equal annual installments in the years two thousand four and two\nthousand five.\n 6. Any resolution of a finance board of a municipality making a\ndetermination pursuant to subdivision one, two, three, four or five of\nthis paragraph may be adopted by a majority vote of the finance board,\nnotwithstanding the provisions of paragraph d of section 40.00 of this\nchapter.\n 7. The provisions of subdivision four of paragraph c of section 40.00\nand of any other section of this chapter and the provisions of any\ngeneral, special or local law which would restrict, limit or prohibit\nthe renewal of budget notes as provided in this paragraph (except those\nenacted to conform with the state constitution) are, to the extent that\nthis section is utilized by a municipality, suspended and made\nineffective in so far as necessary to effectuate the objects and\npurposes of this section.\n d. Separability. If any clause, sentence, subdivision, paragraph, or\npart of this section be adjudged by any court of competent jurisdiction\nto be invalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, subdivision, paragraph, or part thereof directly involved in\nthe controversy in which such judgment shall have been rendered.\n