Legislation
SECTION 5
Public corporations; restrictions on creation and powers; accounts; obligations 6. Liability of state for payment of bonds of public corporation to construct state thruways; use of state canal lands and properties
Constitution (CNS) CHAPTER , ARTICLE X
§ 5. No public corporation (other than a county, city, town, village,
school district or fire district or an improvement district established
in a town or towns) possessing both the power to contract indebtedness
and the power to collect rentals, charges, rates or fees for the
services or facilities furnished or supplied by it shall hereafter be
created except by special act of the legislature.
No such public corporation (other than a county or city) shall
hereafter be given both the power to contract indebtedness and the
power, within any city, to collect rentals, charges, rates or fees from
the owners of real estate, or the occupants of real estate (other than
the occupants of premises owned or controlled by such corporation or by
the state or any civil division thereof), for services or facilities
furnished or supplied in connection with such real estate, if such
services or facilities are of a character or nature then or formerly
furnished or supplied by the city, unless the electors of the city shall
approve the granting to such corporation of such powers by a majority
vote at a general or special election in such city; but this paragraph
shall not apply to a corporation created pursuant to an interstate
compact.
The accounts of every such public corporation heretofore or hereafter
created shall be subject to the supervision of the state comptroller,
or, if the member or members of such public corporation are appointed by
the mayor of a city, to the supervision of the comptroller of such city;
provided, however, that this provision shall not apply to such a public
corporation created pursuant to agreement or compact with another state
or with a foreign power, except with the consent of the parties to such
agreement or compact.
Neither the state nor any political subdivision thereof shall at any
time be liable for the payment of any obligations issued by such a
public corporation heretofore or hereafter created, nor may the
legislature accept, authorize acceptance of or impose such liability
upon the state or any political subdivision thereof; but the state or a
political subdivision thereof may, if authorized by the legislature,
acquire the properties of any such corporation and pay the indebtedness
thereof.
school district or fire district or an improvement district established
in a town or towns) possessing both the power to contract indebtedness
and the power to collect rentals, charges, rates or fees for the
services or facilities furnished or supplied by it shall hereafter be
created except by special act of the legislature.
No such public corporation (other than a county or city) shall
hereafter be given both the power to contract indebtedness and the
power, within any city, to collect rentals, charges, rates or fees from
the owners of real estate, or the occupants of real estate (other than
the occupants of premises owned or controlled by such corporation or by
the state or any civil division thereof), for services or facilities
furnished or supplied in connection with such real estate, if such
services or facilities are of a character or nature then or formerly
furnished or supplied by the city, unless the electors of the city shall
approve the granting to such corporation of such powers by a majority
vote at a general or special election in such city; but this paragraph
shall not apply to a corporation created pursuant to an interstate
compact.
The accounts of every such public corporation heretofore or hereafter
created shall be subject to the supervision of the state comptroller,
or, if the member or members of such public corporation are appointed by
the mayor of a city, to the supervision of the comptroller of such city;
provided, however, that this provision shall not apply to such a public
corporation created pursuant to agreement or compact with another state
or with a foreign power, except with the consent of the parties to such
agreement or compact.
Neither the state nor any political subdivision thereof shall at any
time be liable for the payment of any obligations issued by such a
public corporation heretofore or hereafter created, nor may the
legislature accept, authorize acceptance of or impose such liability
upon the state or any political subdivision thereof; but the state or a
political subdivision thereof may, if authorized by the legislature,
acquire the properties of any such corporation and pay the indebtedness
thereof.