2023 New York Laws › LFN - Local Finance › Article 2 - Local Indebtedness › Title 2 - Local Obligations: Types Thereof › 26.00 - Temporary Alternative Methods of Financing Snow and Ice Removal Expenses.

§  26.00  Temporary  alternative  methods  of  financing  snow and ice
  removal expenses. a. Definitions. 1. With respect  to  any  municipality
  which  has  a  calendar  fiscal year which commenced on the first day of
  January, two thousand two, the terms "extraordinary  expenses  for  snow
  and  ice  removal"  and  "such  extraordinary expenses", as used in this
  section, shall mean the expenses incurred for the removal  of  snow  and
  ice from the public thoroughfares and public places of such municipality
  during  any  month  in  such  year up to and including June two thousand
  three, in excess of the normal expenses which would have  been  incurred
  for such purposes during such period, as determined by the finance board
  of  such  municipality.  In  making  any such determination, the finance
  board shall not include as a part of  such  extraordinary  expenses  the
  salaries  and  wages  of regular employees, except for overtime work and
  work on Sundays and holidays.
2. With respect to any municipality which  has  a  fiscal  year  which
  commenced  in  the  year  two  thousand two on or after the first day of
  March in such year, the terms "extraordinary expenses for snow  and  ice
  removal"  and  "such  extraordinary  expenses", as used in this section,
  shall mean the expenses incurred for the removal of snow  and  ice  from
  the  public  thoroughfares and public places of such municipality during
  such fiscal year,  in  excess  of  the  amounts  appropriated  for  such
  purposes  in  the  annual  budget  for  such fiscal year, or, if no such
  appropriations  were  made,  then  in  excess  of  the  average  of  all
  expenditures  for such purposes during each of the five preceding fiscal
  years, as determined by the finance board of such municipality.
b. The financing of snow and ice removal expenses by the  issuance  of
  serial  bonds. 1. The finance board of a municipality which has a fiscal
  year which commenced on the first day of January, two thousand two,  may
  authorize  the issuance of serial bonds in the two thousand three fiscal
  year to provide for the payment of all  or  part  of  the  extraordinary
  expenses  of  snow and ice removal incurred during any month in the year
  two thousand two up  to  and  including  June  two  thousand  three,  to
  reimburse  any  fund or account of the municipality from which monies to
  pay such extraordinary expenses have been advanced or to  replenish  any
  fund  or  account  of  the  municipality  from  which such extraordinary
  expenses  have  been  paid,  or  any  combination  of   such   purposes,
  notwithstanding that there may have been lack of statutory authority for
  any  such  advance  or  payment from such fund or account. The period of
  probable usefulness of such objects or purposes shall be five years. Any
  such serial bonds shall have a maximum maturity of over two  years,  but
  the date of final maturity of any such issue shall not extend beyond the
  first  day  of  March  in the year two thousand eight as to counties and
  towns and shall not extend beyond the thirty-first day of December,  two
  thousand eight, as to other municipalities.
2.  The  finance board of a municipality which has a fiscal year which
  commenced in the year two thousand two on or  after  the  first  day  of
  March  in  such  year may authorize the issuance of serial bonds in such
  fiscal year, or in its next succeeding fiscal year, to provide  for  the
  payment  of  all  or  part of the extraordinary expenses of snow and ice
  removal incurred in such fiscal year, to reimburse any fund  or  account
  of the municipality from which monies to pay such extraordinary expenses
  have  been  advanced  or  to  replenish  any  fund  or  account  of  the
  municipality from which such extraordinary expenses have been  paid,  or
  any  combination  of  such purposes, notwithstanding that there may have
  been lack of statutory authority for any such advance  or  payment  from
  such  fund or account. The period of probable usefulness of such objects
  or purposes shall be five years. Any such  serial  bonds  shall  have  a
  maximum  maturity  of  over two years, but the date of final maturity of

  any such issue shall not extend beyond the thirty-first day of December,
  two thousand seven.
3.  Notwithstanding  the  foregoing provisions of subdivisions one and
  two of this paragraph, serial bonds may not be authorized to  be  issued
  for  the purpose of financing any portion of such extraordinary expenses
  described in such subdivisions which heretofore have been  or  hereafter
  shall  be financed by the issuance of budget notes or for the purpose of
  redeeming any such notes.
4. Except as provided in this section, such serial bonds and any  bond
  anticipation  notes  in  anticipation thereof, shall be authorized, sold
  and issued in the manner provided by this chapter. Any bond anticipation
  notes issued in anticipation of such bonds shall,  for  the  purpose  of
  determining  the  power  of  the  issuer to contract indebtedness and to
  raise taxes upon real estate, be deemed to be serial bonds of  an  issue
  having  a  maximum  maturity  of  more  than  two  years as described in
  subdivision A of section five and in section ten of article eight of the
  state constitution and for  the  purposes  of  (1)  paragraph  one-a  of
  section  136.00 of this chapter, (2) section two hundred thirty-three of
  the county law, (3) any general or special law applicable  to  counties,
  cities and villages which relates to the raising of taxes on real estate
  to  provide  for  the  payment  of  the interest on and the principal of
  indebtedness, and (4) all laws relating to the financial  reports,  debt
  statements   and   real   estate   tax   margin   computations  of  such
  municipalities. The chief fiscal officer of any municipality issuing  or
  renewing  such  bond  anticipation  notes  shall  immediately  after the
  issuance or  renewal  thereof  notify  the  state  comptroller  of  such
  issuance or renewal. The state comptroller may prescribe the form of any
  such  notice  and  shall  furnish  such  forms to municipalities for the
  purpose of making any such report.
5. Capital notes may not be issued to finance any  object  or  purpose
  for  which  serial  bonds  are  authorized to be issued pursuant to this
  paragraph. The provisions of this paragraph shall not affect  the  power
  of  any municipality described in paragraph a of this section to finance
  all  or  part  of  any  such  extraordinary  expenses  pursuant  to  the
  provisions  of  section  29.00  of  this  title  and paragraph c of this
  section.
6. Section 104.10 of this chapter shall not be applicable in  relation
  to,  or  as the result of, the adoption of a bond resolution authorizing
  the issuance of serial bonds pursuant to this paragraph. The  provisions
  of  section 10.00, paragraph a of section 21.00 and any other section of
  this chapter, or the provisions of any general, special  or  local  law,
  which  would  restrict,  limit  or  prohibit  the issuance of such bonds
  (except those enacted to conform with the state  constitution)  are,  to
  the  extent  that  this section is utilized by a municipality, suspended
  and made ineffective in so far as necessary to effectuate  the  purposes
  of  this section; provided, however, that this paragraph shall not apply
  to a city having a population of over one million  inhabitants,  if  the
  legislature  at the request of such city enacts a law at the one hundred
  eighty-fourth  annual  session   of   the   legislature   amending   the
  administrative  code of such city in relation to facilitating payment of
  certain unusual snow and ice removal expenses of the  city  incurred  in
  its   current  fiscal  year  nineteen  hundred  sixty--nineteen  hundred
  sixty-one.
c. The financing of snow and ice removal expenses by the  issuance  of
  budget  notes.  1.  If any municipality described in paragraph a of this
  section has heretofore issued budget notes pursuant to the provisions of
  subdivision two of paragraph a of section 29.00 of this title to provide
  for the payment of extraordinary expenses of snow and  ice  removal,  as

  defined in this section, the finance board, by resolution, may determine
  that  such  notes  shall  be  deemed to have been issued pursuant to the
  provisions of subdivision one of paragraph a of such  section  and  that
  such  notes  so issued shall not thereafter be considered in determining
  the power of such municipality to issue budget notes  pursuant  to  such
  subdivision two.
2.  If  any  municipality described in paragraph a of this section has
  heretofore issued budget notes pursuant to the provisions of subdivision
  one or two of paragraph a, or paragraph b,  of  section  29.00  of  this
  title,  to provide for the payment of extraordinary expenses of snow and
  ice removal, as defined in this section, the finance board may determine
  that the provisions  of  paragraph  j  of  such  section  shall  not  be
  applicable  in  relation to the maturity of such notes and (a) that such
  notes shall mature in equal annual installments in two different  fiscal
  years,  but the final maturity of such notes shall not extend beyond the
  close of the second fiscal year immediately succeeding the year of their
  issue, or (b) if the fiscal procedures applicable to  such  municipality
  will  enable  the necessary budgetary appropriations for debt service to
  be made and such appropriations to become  available,  that  such  notes
  shall  mature  in  three  equal  annual  installments in three different
  fiscal years, but the final maturity of any such notes shall not  exceed
  three  years in accordance with the provisions of paragraph a of section
  11.00 of this chapter which prescribes a period of  probable  usefulness
  of  three  years  for  objects  or  purposes financed by the issuance of
  budget notes. Such budget notes  which  mature  in  three  equal  annual
  installments,  as  aforesaid,  shall, for the purpose of determining the
  power of the issuer to contract indebtedness and to raise taxes on  real
  estate,  be  deemed  to  be  serial  bonds  of an issue having a maximum
  maturity of more than two years as described in subdivision A of section
  five and in section ten of article eight of the state  constitution  and
  for  the  purposes  of  (1)  paragraph  one-a  of section 136.00 of this
  chapter, (2) section two hundred thirty-three of the county law, (3) any
  general or special law applicable to counties, cities and villages which
  relates to the raising of taxes  on  real  estate  to  provide  for  the
  payment  of  the  interest on and the principal of indebtedness, and (4)
  all laws relating to financial reports, debt statements and real  estate
  tax  margin  computations  of  such municipalities. If the finance board
  determines that such budget notes shall mature  in  three  equal  annual
  installments,   as   aforesaid,   the   chief  fiscal  officer  of  such
  municipality immediately after the adoption  of  the  resolution  making
  such  determination  shall  file a copy of the resolution with the state
  comptroller and shall immediately after the issuance or renewal of  such
  notes  notify  the  state  comptroller  of such issuance or renewal. The
  state comptroller may prescribe the form of any such  notice  and  shall
  furnish  such forms to municipalities for the purpose of making any such
  report.
3. Notwithstanding any of the provisions  of  section  29.00  of  this
  title,  the  finance board of a municipality described in paragraph a of
  this section may authorize the issuance  of  budget  notes  pursuant  to
  subdivision one of paragraph a, or paragraph b, of such section 29.00 to
  provide  for the payment of all or part of the extraordinary expenses of
  snow and ice removal, as defined in this section, to reimburse any  fund
  or   account   of  the  municipality  from  which  monies  to  pay  such
  extraordinary expenses have been advanced or to replenish  any  fund  or
  account  of the municipality from which such extraordinary expenses have
  been paid, or any combination of  such  purposes,  notwithstanding  that
  there  may have been lack of statutory authority for any such advance or
  payment from such fund or account. The finance board may determine  that

  such  notes  may mature in the manner provided in paragraph j of section
  29.00, or, if the fiscal procedures applicable to such municipality will
  enable the necessary budgetary appropriations for  debt  service  to  be
  made  and such appropriations to become available, that such notes shall
  mature in two equal annual installments in two different  fiscal  years,
  but  the  final maturity of such notes shall not extend beyond the close
  of the second fiscal year  immediately  succeeding  the  year  of  their
  issue.
4.  If a municipality which had a calendar fiscal year which commenced
  on the first day of January, two thousand two, issued  budget  notes  in
  such  year  pursuant to the provisions of section 29.00 of this title to
  finance the payment of expenses of removal  of  snow  and  ice  in  such
  fiscal  year and if such budget notes, under the provisions of paragraph
  j of such section, could not be renewed after the close  of  its  fiscal
  year  which  would  end in the year two thousand three, then and in such
  event the finance board of such  municipality  may  determine  that  the
  provisions  of  paragraph  j  of such section shall not be applicable in
  relation to the maturity of such notes and that such notes shall  mature
  in  equal  annual  installments  in the years two thousand three and two
  thousand four.
5. If a municipality which had a calendar fiscal year which  commenced
  on  the  first day of January, two thousand two, authorized the issuance
  of budget notes in such year pursuant to the provisions of section 29.00
  of this chapter to finance the payment of expenses of  removal  of  snow
  and  ice  in such year and if such notes were not issued in the year two
  thousand two, but were or are to be issued  in  the  year  two  thousand
  three,  and if such budget notes, under the provisions of paragraph j of
  such section, could not be renewed after the close of  its  fiscal  year
  which  would  end  in  the  year two thousand four, then and in any such
  event the finance board of such  municipality  may  determine  that  the
  provisions  of  paragraph  j  of such section shall not be applicable in
  relation to the maturity of such notes and that such notes shall  mature
  in  equal  annual  installments  in  the years two thousand four and two
  thousand five.
6. Any resolution of a  finance  board  of  a  municipality  making  a
  determination  pursuant  to subdivision one, two, three, four or five of
  this paragraph may be adopted by a majority vote of the  finance  board,
  notwithstanding  the  provisions of paragraph d of section 40.00 of this
  chapter.
7. The provisions of subdivision four of paragraph c of section  40.00
  and  of  any  other  section  of  this chapter and the provisions of any
  general, special or local law which would restrict,  limit  or  prohibit
  the  renewal of budget notes as provided in this paragraph (except those
  enacted to conform with the state constitution) are, to the extent  that
  this   section  is  utilized  by  a  municipality,  suspended  and  made
  ineffective in so  far  as  necessary  to  effectuate  the  objects  and
  purposes of this section.
d.  Separability.  If any clause, sentence, subdivision, paragraph, or
  part of this section be adjudged by any court of competent  jurisdiction
  to  be invalid, such judgment shall not affect, impair or invalidate the
  remainder thereof, but shall be confined in its operation to the clause,
  sentence, subdivision, paragraph, or part thereof directly  involved  in
  the controversy in which such judgment shall have been rendered.