NY Gen Mun L § 6-F (2021)
2021 New York Laws GMU - General Municipal Article 2 - General Municipal Finances 6-F - Snow and Ice Removal and Road Repair Reserve Funds for Municipal Corporations.

§  6-f.  Snow  and  ice  removal  and  road  repair  reserve funds for   municipal  corporations.  1.  The  governing  board  of  any   municipal   corporation  may  establish  a  special fund which shall be known as the   snow and ice removal and road repair  reserve  fund  of  such  municipal   corporation.  There  may  be  paid  into  such  fund an amount as may be   provided therefor by budgetary appropriation or such revenues as are not   required by law to be paid into any other fund or account.2. In cases of emergency, moneys in such fund may be expended pursuant   to a resolution approved by not less than two-thirds of the  members  of   the governing body of such municipal corporation providing that not less   than  one-half  of  the moneys so expended shall be repaid in the fiscal   year immediately following the fiscal year in  which  such  moneys  were   expended  and  the  total amount shall be repaid not later than the last   day of the second fiscal year succeeding the fiscal year  in  which  the   moneys  were  expended.  Prior  to the adoption of any other resolution,   act, ordinance or local law by the governing  board  of  such  municipal   corporation,  appropriating  money  from  such fund, the governing board   shall cause to be published in the official newspaper or newspapers,  if   any,  or  otherwise  in  a  newspaper  or newspapers designated for such   purpose,  a  notice  stating  in  substance  that  it  is  proposed   to   appropriate  a  specified  amount from the snow and ice removal and road   repair reserve fund for a particular purpose, and that a public  hearing   on  such  proposed appropriation will be held at a time and place stated   therein. At least five days shall elapse between the publication of such   notice and the date specified for the hearing. The hearing shall be held   at the time and place so specified.3. Moneys in such fund may be appropriated only:a. For the removal of snow and ice from the public  thoroughfares  and   public  places of such municipal corporation, which removal is of a type   not likely to recur annually or at shorter intervals.b. For repairing and maintaining roadways to the extent damage to such   roadways was caused by the removal of snow and ice,  including  but  not   limited  to repairing potholes and other road surface maintenance, which   repairs and maintenance are of a type not likely to recur annually or at   shorter intervals.c. To a capital reserve fund established pursuant to section six-c, to   a repair reserve fund established pursuant to section six-d or to a  tax   stabilization reserve fund established pursuant to section six-e of this   article.4.  The  moneys  in  such  fund  shall be deposited and secured in the   manner provided by section ten of this article. The moneys in such  fund   so  deposited  shall  be accounted for separate and apart from all other   funds of the municipal corporation, in the same manner  as  provided  in   subdivision ten of section six-c of this article. The governing board or   the chief fiscal officer of such municipal corporation, if the governing   board  shall  delegate  such  duty to him, may invest the moneys in such   fund in the manner provided in  section  eleven  of  this  article.  Any   interest  earned or capital gains realized on the moneys so deposited or   invested shall accrue to and become part of such fund.5. The members of the governing board of  such  municipal  corporation   are  hereby  declared  trustees of such fund and shall be subject to all   the duties and responsibilities imposed by law  on  trustees,  and  such   duties   and   responsibilities   may  be  enforced  by  such  municipal   corporation or by any board, commission,  agency,  officer  or  taxpayer   thereof.6.  The  members  of the governing board of such municipal corporation   shall be guilty of a misdemeanor if they: a. Authorize a withdrawal from a snow and ice removal and road  repair   reserve fund for any other purpose except as provided in this section.b.  Expend  any  money  withdrawn from a snow and ice removal and road   repair reserve fund for a purpose other than that as  provided  in  this   section.7.  Notwithstanding  the  foregoing provisions of this section, in any   town which is located wholly or partly within the  Adirondack  park  and   has  within  its  boundaries state lands subject to taxation assessed at   more than thirty per centum of the total taxable assessed  valuation  of   the  town  as  determined  from  the  assessment  rolls  of  the town as   completed  from  time  to  time,  or  in  any  district  corporation  or   improvement  district  situated  in whole or in part in any such town, a   snow and  ice  removal  and  road  repair  reserve  fund  shall  not  be   established  unless the state comptroller, on behalf of the state, shall   consent thereto, and  in  any  such  town  or  district  corporation  or   improvement  district no appropriation shall be made from a snow and ice   removal and road repair reserve fund unless the  state  comptroller,  on   behalf of the state, shall consent thereto.