N.Y. GMU Law § 6-F — New York Code / Act GMU / Article 2 / Section 6-F
Snow and ice removal and road repair reserve funds for municipal corporations
Status: in_force

§ 6-f. Snow and ice removal and road repair reserve funds for\nmunicipal corporations. 1. The governing board of any municipal\ncorporation may establish a special fund which shall be known as the\nsnow and ice removal and road repair reserve fund of such municipal\ncorporation. There may be paid into such fund an amount as may be\nprovided therefor by budgetary appropriation or such revenues as are not\nrequired by law to be paid into any other fund or account.\n  2. In cases of emergency, moneys in such fund may be expended pursuant\nto a resolution approved by not less than two-thirds of the members of\nthe governing body of such municipal corporation providing that not less\nthan one-half of the moneys so expended shall be repaid in the fiscal\nyear immediately following the fiscal year in which such moneys were\nexpended and the total amount shall be repaid not later than the last\nday of the second fiscal year succeeding the fiscal year in which the\nmoneys were expended. Prior to the adoption of any other resolution,\nact, ordinance or local law by the governing board of such municipal\ncorporation, appropriating money from such fund, the governing board\nshall cause to be published in the official newspaper or newspapers, if\nany, or otherwise in a newspaper or newspapers designated for such\npurpose, a notice stating in substance that it is proposed to\nappropriate a specified amount from the snow and ice removal and road\nrepair reserve fund for a particular purpose, and that a public hearing\non such proposed appropriation will be held at a time and place stated\ntherein. At least five days shall elapse between the publication of such\nnotice and the date specified for the hearing. The hearing shall be held\nat the time and place so specified.\n  3. Moneys in such fund may be appropriated only:\n  a. For the removal of snow and ice from the public thoroughfares and\npublic places of such municipal corporation, which removal is of a type\nnot likely to recur annually or at shorter intervals.\n  b. For repairing and maintaining roadways to the extent damage to such\nroadways was caused by the removal of snow and ice, including but not\nlimited to repairing potholes and other road surface maintenance, which\nrepairs and maintenance are of a type not likely to recur annually or at\nshorter intervals.\n  c. To a capital reserve fund established pursuant to section six-c, to\na repair reserve fund established pursuant to section six-d or to a tax\nstabilization reserve fund established pursuant to section six-e of this\narticle.\n  4. The moneys in such fund shall be deposited and secured in the\nmanner provided by section ten of this article. The moneys in such fund\nso deposited shall be accounted for separate and apart from all other\nfunds of the municipal corporation, in the same manner as provided in\nsubdivision ten of section six-c of this article. The governing board or\nthe chief fiscal officer of such municipal corporation, if the governing\nboard shall delegate such duty to him, may invest the moneys in such\nfund in the manner provided in section eleven of this article. Any\ninterest earned or capital gains realized on the moneys so deposited or\ninvested shall accrue to and become part of such fund.\n  5. The members of the governing board of such municipal corporation\nare hereby declared trustees of such fund and shall be subject to all\nthe duties and responsibilities imposed by law on trustees, and such\nduties and responsibilities may be enforced by such municipal\ncorporation or by any board, commission, agency, officer or taxpayer\nthereof.\n  6. The members of the governing board of such municipal corporation\nshall be guilty of a misdemeanor if they:\n  a. Authorize a withdrawal from a snow and ice removal and road repair\nreserve fund for any other purpose except as provided in this section.\n  b. Expend any money withdrawn from a snow and ice removal and road\nrepair reserve fund for a purpose other than that as provided in this\nsection.\n  7. Notwithstanding the foregoing provisions of this section, in any\ntown which is located wholly or partly within the Adirondack park and\nhas within its boundaries state lands subject to taxation assessed at\nmore than thirty per centum of the total taxable assessed valuation of\nthe town as determined from the assessment rolls of the town as\ncompleted from time to time, or in any district corporation or\nimprovement district situated in whole or in part in any such town, a\nsnow and ice removal and road repair reserve fund shall not be\nestablished unless the state comptroller, on behalf of the state, shall\nconsent thereto, and in any such town or district corporation or\nimprovement district no appropriation shall be made from a snow and ice\nremoval and road repair reserve fund unless the state comptroller, on\nbehalf of the state, shall consent thereto.\n