§ 1689-G — Local government infrastructure; authority financing of eligible wireless 911 capital equipment

§ 1689-g. Local government infrastructure; authority financing of\neligible wireless 911 capital equipment. 1. Definition. For the purposes\nof this section "eligible wireless 911 capital equipment" shall include,\nbut not be limited to, radio equipment, computer equipment, dispatch\nequipment, including consoles and monitors, telecommunications switches\nand any other equipment necessary and attendant to a 911 wireless\ntelecommunications system.\n 2. Notwithstanding any other provision of law to the contrary, the\nauthority is hereby authorized to issue bonds, notes or other\nobligations in one or more series including bonds, notes or other\nobligations issued to finance one or more debt service reserve funds, to\npay the cost of issuance of such bonds, notes or other obligations, and\nbonds, notes or other obligations issued to refund or otherwise repay\nsuch bonds, notes or other obligations previously issued, for the\npurpose of financing the costs of eligible wireless 911 capital\nequipment for any political subdivisions eligible to receive aid\npursuant to a chapter of the laws of two thousand two. Such bonds, notes\nor other obligations issued by the authority shall not be a debt of the\nstate or the political subdivision, and the state and the political\nsubdivision shall not be liable thereon, nor shall they be payable out\nof any funds other than those made available by an eligible political\nsubdivision subject to annual appropriation by the political subdivision\nas provided in subdivision three of this section or state aid pledged\nand assigned by a political subdivision to the authority for debt\nservice payments and related expenses pursuant to any financing\nagreement entered into pursuant to subdivision three of this section.\n 3. Notwithstanding any other provision of law to the contrary, in\norder to assist the authority in undertaking the administration and\nfinancing of wireless 911 capital equipment authorized pursuant to\nsubdivision two of this section, an eligible political subdivision is\nhereby authorized to enter into one or more financing agreements with\nthe authority none of which shall exceed ten years in duration, upon\nsuch terms and conditions as the authority and an eligible political\nsubdivision agree, so as to annually provide to the authority, in the\naggregate, a sum not to exceed the annual debt service payments and\nrelated expenses required for the bonds, notes or other obligations\nissued pursuant to this section. Any financing agreement entered into\npursuant to this subdivision shall not constitute debt of an eligible\npolitical subdivision within the meaning of any constitutional or\nstatutory provisions and shall be deemed executory only to the extent of\nmoneys available for such purposes, subject to annual appropriations of\nthe eligible political subdivision. Any such financing agreement or any\npayments made or to be made thereunder may be assigned or pledged by the\nauthority as security for its bonds, notes or other obligations\nauthorized by this section. The provisions of section one hundred nine-b\nof the general municipal law shall not be applicable to any financing\nagreement entered into between an eligible political subdivision and the\nauthority for the issuance of any bonds, notes, or other obligations for\nany eligible 911 wireless capital equipment which may be financed\npursuant to this section. Notwithstanding the foregoing, any political\nsubdivision entering into an agreement with the authority shall be\nsubject to the provisions of subdivision five and paragraph (c) of\nsubdivision 6 of section one hundred nine-b of the general municipal\nlaw.\n 4. Whenever the authority enters into a financing agreement with an\neligible political subdivision, each eligible political subdivision is\nhereby authorized, in connection with the financing agreement, to assign\nand pledge to the authority, a sufficient portion of any and all public\nfunds to be apportioned or otherwise to be made payable to the eligible\npolitical subdivision by the state of New York, for payments required\nunder the financing agreement between the eligible political subdivision\nand the authority.\n 5. All local and state officers are hereby authorized and required to\npay all funds so assigned and pledged pursuant to subdivisions three and\nfour of this section to the authority or, upon the direction of the\nauthority, to any trustee of any authority bond, note or other\nobligation issued pursuant to a certificate filed by the authority\npursuant to the provisions of this section.\n 6. The authority shall submit annually to the governor, and the chairs\nof the assembly ways and means and senate finance committees a report\nwhich shall include but not be limited to, detailed information on the\nfinancing activity pursuant to this section, and a detailed summary of\nthe financing agreements entered into with any political subdivision.\n