2023 New York Laws › TAX - Tax › Article 29 - Taxes Authorized for Cities, Counties and School Districts › Part 4 - Disposition of Revenues › 1262-R*2 - Disposition of Net Collections From Sales and Compensating Use Taxes Imposed by the County of Ontario.

* § 1262-r. Disposition of net collections from sales and compensating
use  taxes  imposed  by  the  county  of  Ontario.  Notwithstanding  the
provisions of subdivision (c) of section  twelve  hundred  sixty-two  of
this  part  to  the contrary, if the cities of Canandaigua and Geneva in
the county of Ontario do not impose sales  and  compensating  use  taxes
pursuant  to the authority of section twelve hundred ten of this article
and such cities and county enter  into  an  agreement  pursuant  to  the
authority of subdivision (c) of section twelve hundred sixty-two of this
part  to  be effective March first, two thousand six, such agreement may
provide that:
(a) The term of such agreement may  be  indefinite,  with  an  initial
period of ten years.
(b)  The  county shall allocate net collections from its taxes imposed
at the rate of one and one-half percent pursuant  to  the  authority  of
section  twelve  hundred ten of this article and also from an additional
one-eighth of one percent rate of such taxes authorized by such  section
twelve  hundred  ten  during  the entire period in which such additional
rate is authorized to the cities, towns and villages in the  county  (i)
on  the  basis of their respective populations, determined in accordance
with the latest decennial federal census or  special  population  census
taken pursuant to section twenty of the general municipal law, completed
and  published  prior to the end of the quarter for which the allocation
is made, which special census must include the entire area of the county
(the "population method"), or (ii) on the basis of the ratio  which  the
full  valuation of real property in each city, town and village bears to
the aggregate full valuation of real property  in  all  of  the  cities,
towns  and  villages  in  such  county (the "full valuation method"), or
(iii) on the basis of the two thousand four base  amounts  described  in
subdivision  (d)  of  this  section,  or  (iv)  on the basis of specific
amounts set aside for each city in the county, or (v) on the basis of  a
combination  of  such methods, provided, that the county shall apply the
population method and the full valuation method uniformly throughout the
county.
(c) "Full valuation of real property" may, as an  alternative  to  the
definition  of  such  term  in subdivision (f) of section twelve hundred
sixty-two of this  article,  be  defined  to  mean  the  total  assessed
valuation  of  real  property,  including  property  wholly  exempt from
taxation, divided by the equalization rate as determined  in  accordance
with  article  eight  of  the  real  property tax law, provided that the
county shall apply either such definition uniformly countywide.
(d) The two thousand four base amounts shall mean, in the  case  of  a
city,  the  total  amount  of net collections the city received from its
sales and compensating use taxes in calendar  year  two  thousand  four,
and,  in  the  case  of  a  town  or  village,  the  total amount of net
collections that the county allocated to the town or village in calendar
year two thousand four.
(e) To the extent that the county uses the full  valuation  method  to
determine the amounts of allocations and distributions to be made to the
cities, towns and villages, for allocations and distributions to be made
in  calendar  years  two thousand six and two thousand seven, the county
shall use the final assessment rolls of the  cities  and  towns  in  the
county  completed  and  filed in two thousand four; and, for allocations
and distributions to be made in each  calendar  year  of  the  agreement
after  two  thousand  seven,  the  county shall use the final assessment
rolls completed and filed by such cities and towns  in  the  immediately
preceding calendar year.
(f)  In  addition  to other payments to be made under the agreement to
the two cities in the county, the county may pay amounts to such  cities

with  respect  to  the  months  of March and April, two thousand six, to
reflect that such cities repealed their sales and compensating use taxes
effective March first, two thousand six, in exchange for  entering  into
the agreement with the county.
(g)  A  review  board  consisting  of  the  county's  director of real
property services and two other persons selected by  such  director  and
confirmed  by  the county board of supervisors may adjust the full value
of any parcel of wholly exempt real property in the  county  solely  for
the  purpose  of  determining  the  allocations  to  be  made under such
agreement.  A city, town or village which  disagrees  with  such  review
board  over  the  adjusted  full value of such a parcel of wholly exempt
real property located in such municipality  may,  at  its  own  expense,
obtain  two  independent appraisals of the full value of such parcel; in
which case the average of such board's adjusted  value  and  two  values
determined  in such appraisals shall constitute such parcel's full value
for such purpose.
* NB There are 2 § 1262-r's