§ 1262-R*2 — Disposition of net collections from sales and compensating use taxes imposed by the county of Ontario

New York § 1262-R*2

• Jurisdiction: New York
• Law TAX: Tax
• Part 4: Disposition of Revenues
• Art. 29: Taxes Authorized For Cities, Counties and School Districts

Text

* § 1262-r. Disposition of net collections from sales and compensating\nuse taxes imposed by the county of Ontario. Notwithstanding the\nprovisions of subdivision (c) of section twelve hundred sixty-two of\nthis part to the contrary, if the cities of Canandaigua and Geneva in\nthe county of Ontario do not impose sales and compensating use taxes\npursuant to the authority of section twelve hundred ten of this article\nand such cities and county enter into an agreement pursuant to the\nauthority of subdivision (c) of section twelve hundred sixty-two of this\npart to be effective March first, two thousand six, such agreement may\nprovide that:\n (a) The term of such agreement may be indefinite, with an initial\nperiod of ten years.\n (b) The county shall allocate net collections from its taxes imposed\nat the rate of one and one-half percent pursuant to the authority of\nsection twelve hundred ten of this article and also from an additional\none-eighth of one percent rate of such taxes authorized by such section\ntwelve hundred ten during the entire period in which such additional\nrate is authorized to the cities, towns and villages in the county (i)\non the basis of their respective populations, determined in accordance\nwith the latest decennial federal census or special population census\ntaken pursuant to section twenty of the general municipal law, completed\nand published prior to the end of the quarter for which the allocation\nis made, which special census must include the entire area of the county\n(the "population method"), or (ii) on the basis of the ratio which the\nfull valuation of real property in each city, town and village bears to\nthe aggregate full valuation of real property in all of the cities,\ntowns and villages in such county (the "full valuation method"), or\n(iii) on the basis of the two thousand four base amounts described in\nsubdivision (d) of this section, or (iv) on the basis of specific\namounts set aside for each city in the county, or (v) on the basis of a\ncombination of such methods, provided, that the county shall apply the\npopulation method and the full valuation method uniformly throughout the\ncounty.\n (c) "Full valuation of real property" may, as an alternative to the\ndefinition of such term in subdivision (f) of section twelve hundred\nsixty-two of this article, be defined to mean the total assessed\nvaluation of real property, including property wholly exempt from\ntaxation, divided by the equalization rate as determined in accordance\nwith article eight of the real property tax law, provided that the\ncounty shall apply either such definition uniformly countywide.\n (d) The two thousand four base amounts shall mean, in the case of a\ncity, the total amount of net collections the city received from its\nsales and compensating use taxes in calendar year two thousand four,\nand, in the case of a town or village, the total amount of net\ncollections that the county allocated to the town or village in calendar\nyear two thousand four.\n (e) To the extent that the county uses the full valuation method to\ndetermine the amounts of allocations and distributions to be made to the\ncities, towns and villages, for allocations and distributions to be made\nin calendar years two thousand six and two thousand seven, the county\nshall use the final assessment rolls of the cities and towns in the\ncounty completed and filed in two thousand four; and, for allocations\nand distributions to be made in each calendar year of the agreement\nafter two thousand seven, the county shall use the final assessment\nrolls completed and filed by such cities and towns in the immediately\npreceding calendar year.\n (f) In addition to other payments to be made under the agreement to\nthe two cities in the county, the county may pay amounts to such cities\nwith respect to the months of March and April, two thousand six, to\nreflect that such cities repealed their sales and compensating use taxes\neffective March first, two thousand six, in exchange for entering into\nthe agreement with the county.\n (g) A review board consisting of the county's director of real\nproperty services and two other persons selected by such director and\nconfirmed by the county board of supervisors may adjust the full value\nof any parcel of wholly exempt real property in the county solely for\nthe purpose of determining the allocations to be made under such\nagreement. A city, town or village which disagrees with such review\nboard over the adjusted full value of such a parcel of wholly exempt\nreal property located in such municipality may, at its own expense,\nobtain two independent appraisals of the full value of such parcel; in\nwhich case the average of such board's adjusted value and two values\ndetermined in such appraisals shall constitute such parcel's full value\nfor such purpose.\n * NB There are 2 § 1262-r's\n