Legislation
SECTION 29
Local financial provisions
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3
§ 29. Local financial provisions. 1. All civil defense expenditures of
a city, including but not limited to the cost of maintenance and
operation of its city office, if any, shall be a city charge. All civil
defense expenditures of a county, including but not limited to the cost
of maintenance and operation of a county office, shall be a general
county charge, provided however that where a city, town or village has
provided facilities pursuant to section twenty-three-a of this act, the
charge for the expenditures thereafter made by such county for providing
facilities pursuant to section twenty-three-a of this act shall be
equitably allocated by the legislative body of the county as defined in
subdivision seven of section two of the municipal home rule law. All
civil defense expenditures of a town shall be a general town charge,
provided however that where a deputy director for a village not wholly
within one town is appointed pursuant to subdivision two of section
twenty-two of this act, the expenditures made by such town pursuant to
such subdivision shall be a charge against the area of the town
exclusive of such village. Where a village has provided facilities
pursuant to section twenty-three-a of this act, the charge for the
expenditures thereafter made by such town for providing facilities
pursuant to section twenty-three-a of this act shall be equitably
allocated by the town board. All civil defense expenditures of a village
shall be a village charge.
2. Each political subdivision of the state shall have the power:
(a) To appropriate and spend money in the manner provided by law for
the acquisition, construction and installation of shelters, fallout
shelters and other civil defense facilities and the acquisition of
materials pursuant to section twenty-three-a of this act. Any
expenditure by a political subdivision having power to contract
indebtedness pursuant to the local finance law for such shelters,
fallout shelters, civil defense facilities and materials may be financed
by the issuance of obligations pursuant to such law, from the proceeds
of taxes raised for such purpose or from any available funds of the
political subdivision. The period of probable usefulness of any such
shelter or fallout shelter is determined to be twenty years unless a
longer period is prescribed by the local finance law and the period of
probable usefulness of any other civil defense facilities and materials
is determined to be ten years unless a longer period is prescribed by
the local finance law. The provisions of section 107.00 of the local
finance law shall not apply to the financing of any such object or
purpose.
(b) To appropriate and spend money in the manner provided by law for
other civil defense measures contemplated by this article or by section
thirty-four of this act, provided such expenditures are not inconsistent
with the plan, regulations or orders of the commission or with the
applicable local plan promulgated under this act. The limitations of
section 29.00 of the local finance law, with respect to the amount of
budget notes which may be issued in any fiscal year, shall not apply to
budget notes issued to finance such measures and, notwithstanding any
provision of the local finance law, budget notes for such measures may
be authorized by at least a majority vote of the voting strength of the
finance board. In addition to the issuance of budget notes for such
measures, a political subdivision having the power to contract
indebtedness pursuant to the local finance law, with the approval of the
commission, shall have power to issue serial bonds or capital notes
pursuant to such law in an amount not to exceed one hundred thousand
dollars in any fiscal year. The commission shall not give any approval
pursuant to this paragraph until after it shall have obtained the advice
of the state comptroller with respect to the financial condition of the
political subdivision. If no period of probable usefulness is provided
in the local finance law for any such measures, the period of probable
usefulness therefor shall be three years. The provisions of section
107.00 of the local finance law shall not apply to the financing of any
such object or purpose.
(c) To participate in providing shelter protection against radioactive
fallout for the inhabitants of such political subdivision by cooperating
with the commission and with schools, colleges and universities located
within such political subdivision in the acquisition, construction or
installation of fallout shelter at such schools, colleges and
universities for which state civil defense aid is payable pursuant to
section thirty-five of this act and by paying in consideration for such
shelter protection for its inhabitants a portion of the cost of such
fallout shelters, provided that no such payment shall exceed the
aggregate cost of such fallout shelters less the amount of state civil
defense aid payable pursuant to that section.
3. Indebtedness contracted or proposed to be contracted by a school
district, other than a school district coterminous with, or partly
within, or wholly within a city, to finance the acquisition,
construction and installation of a shelter or fallout shelter by such
school district pursuant to section twenty-three-a of this act may be
excluded from the indebtedness of such school district in ascertaining
its power under section 104.00 of the local finance law to contract
indebtedness, but only to the extent to which such indebtedness, at the
time it was contracted or is to be contracted, did not or will not
exceed fifty dollars multiplied by the planned shelter occupancy of such
shelter.
4. In addition to powers otherwise conferred by law and
notwithstanding any inconsistent provision of law:
a. Each political subdivision of the state shall have the power to
appropriate and spend money to demolish unsafe structures owned by it or
under its care, custody or control, to remove debris from any property
owned by it or under its care, custody or control, and to reconstruct,
replace or repair capital improvements, equipment, machinery, apparatus
and furnishings, when such demolition, removal, reconstruction,
replacement or repair is necessitated because of attack. Any such
reconstruction or replacement of a capital improvement may be made upon
a new site or upon the same site.
b. Any city, town or village shall have the power to appropriate and
spend money to demolish any unsafe structures, whether publicly or
privately owned, and may remove debris from any property, whether
publicly or privately owned, if the governing board of the municipality
determines such structures or debris to be a peril to the lives and
property of the citizens of the municipality, when such demolition or
removal is necessitated because of attack, except that such expenditures
shall not be made by a town within a city located in such town or by a
town within a village located in whole or part in such town.
Any expenditure for an object or purpose described in this subdivision
by a political subdivision having power to contract indebtedness
pursuant to the local finance law may be financed by the issuance of
obligations pursuant to such law, from the proceeds of taxes raised for
such purpose or from any available funds of the political subdivision.
The period of probable usefulness of the objects and purposes for which
any such expenditure may be made is determined to be ten years unless a
longer period is prescribed by the local finance law. The provisions of
section 107.00 of the local finance law shall not apply to the financing
of any such object or purpose. Any provisions of law:
(1) Requiring the holding of hearings on or the publication of notices
in relation to the effectuation of any such purpose or work or the
financing thereof,
(2) Requiring that the effectuation of any such purpose or work or the
financing thereof be subject to a vote at any election, to a mandatory
or permissive referendum, or to the voting of a tax to be collected in
one or more installments,
(3) Requiring that the effectuation of any such purpose or work or the
financing thereof be initiated only upon petition,
(4) Permitting the issuance of obligations only after the completion
of the effectuation of any such purpose or work or the levy of
assessments therefor,
(5) Requiring the approval of any public board or body other than the
governing board or the finance board, for the effectuation of any such
purpose or work or the financing thereof, the advertisement for bids or
the letting of contracts therefor after competitive bidding, and any
other provisions of law insofar as they tend to prevent, hamper or delay
the effectuation of any such purpose or work or the financing thereof,
shall be inoperative for the purposes of this subdivision, except that
the provisions of sections 57.00, 58.00, 59.00, 60.00, 60.10, 60.20,
63.00, 81.00, 82.00, 83.00, 102.00, 104.00, 104.10, other than
subdivision one thereof, 109.00, 150.00, 151.00, 152.00 and 165.10 of
the local finance law shall continue to be applicable to the financing
thereof when obligations are issued.
Notwithstanding the fact that the effectuation of any such purpose or
work may be required pursuant to law to be undertaken wholly or partly
at the expense of the real property especially benefited thereby, it may
be undertaken at the expense of the political subdivision at large
without charging any part of the cost thereof to real property
especially benefited.
a city, including but not limited to the cost of maintenance and
operation of its city office, if any, shall be a city charge. All civil
defense expenditures of a county, including but not limited to the cost
of maintenance and operation of a county office, shall be a general
county charge, provided however that where a city, town or village has
provided facilities pursuant to section twenty-three-a of this act, the
charge for the expenditures thereafter made by such county for providing
facilities pursuant to section twenty-three-a of this act shall be
equitably allocated by the legislative body of the county as defined in
subdivision seven of section two of the municipal home rule law. All
civil defense expenditures of a town shall be a general town charge,
provided however that where a deputy director for a village not wholly
within one town is appointed pursuant to subdivision two of section
twenty-two of this act, the expenditures made by such town pursuant to
such subdivision shall be a charge against the area of the town
exclusive of such village. Where a village has provided facilities
pursuant to section twenty-three-a of this act, the charge for the
expenditures thereafter made by such town for providing facilities
pursuant to section twenty-three-a of this act shall be equitably
allocated by the town board. All civil defense expenditures of a village
shall be a village charge.
2. Each political subdivision of the state shall have the power:
(a) To appropriate and spend money in the manner provided by law for
the acquisition, construction and installation of shelters, fallout
shelters and other civil defense facilities and the acquisition of
materials pursuant to section twenty-three-a of this act. Any
expenditure by a political subdivision having power to contract
indebtedness pursuant to the local finance law for such shelters,
fallout shelters, civil defense facilities and materials may be financed
by the issuance of obligations pursuant to such law, from the proceeds
of taxes raised for such purpose or from any available funds of the
political subdivision. The period of probable usefulness of any such
shelter or fallout shelter is determined to be twenty years unless a
longer period is prescribed by the local finance law and the period of
probable usefulness of any other civil defense facilities and materials
is determined to be ten years unless a longer period is prescribed by
the local finance law. The provisions of section 107.00 of the local
finance law shall not apply to the financing of any such object or
purpose.
(b) To appropriate and spend money in the manner provided by law for
other civil defense measures contemplated by this article or by section
thirty-four of this act, provided such expenditures are not inconsistent
with the plan, regulations or orders of the commission or with the
applicable local plan promulgated under this act. The limitations of
section 29.00 of the local finance law, with respect to the amount of
budget notes which may be issued in any fiscal year, shall not apply to
budget notes issued to finance such measures and, notwithstanding any
provision of the local finance law, budget notes for such measures may
be authorized by at least a majority vote of the voting strength of the
finance board. In addition to the issuance of budget notes for such
measures, a political subdivision having the power to contract
indebtedness pursuant to the local finance law, with the approval of the
commission, shall have power to issue serial bonds or capital notes
pursuant to such law in an amount not to exceed one hundred thousand
dollars in any fiscal year. The commission shall not give any approval
pursuant to this paragraph until after it shall have obtained the advice
of the state comptroller with respect to the financial condition of the
political subdivision. If no period of probable usefulness is provided
in the local finance law for any such measures, the period of probable
usefulness therefor shall be three years. The provisions of section
107.00 of the local finance law shall not apply to the financing of any
such object or purpose.
(c) To participate in providing shelter protection against radioactive
fallout for the inhabitants of such political subdivision by cooperating
with the commission and with schools, colleges and universities located
within such political subdivision in the acquisition, construction or
installation of fallout shelter at such schools, colleges and
universities for which state civil defense aid is payable pursuant to
section thirty-five of this act and by paying in consideration for such
shelter protection for its inhabitants a portion of the cost of such
fallout shelters, provided that no such payment shall exceed the
aggregate cost of such fallout shelters less the amount of state civil
defense aid payable pursuant to that section.
3. Indebtedness contracted or proposed to be contracted by a school
district, other than a school district coterminous with, or partly
within, or wholly within a city, to finance the acquisition,
construction and installation of a shelter or fallout shelter by such
school district pursuant to section twenty-three-a of this act may be
excluded from the indebtedness of such school district in ascertaining
its power under section 104.00 of the local finance law to contract
indebtedness, but only to the extent to which such indebtedness, at the
time it was contracted or is to be contracted, did not or will not
exceed fifty dollars multiplied by the planned shelter occupancy of such
shelter.
4. In addition to powers otherwise conferred by law and
notwithstanding any inconsistent provision of law:
a. Each political subdivision of the state shall have the power to
appropriate and spend money to demolish unsafe structures owned by it or
under its care, custody or control, to remove debris from any property
owned by it or under its care, custody or control, and to reconstruct,
replace or repair capital improvements, equipment, machinery, apparatus
and furnishings, when such demolition, removal, reconstruction,
replacement or repair is necessitated because of attack. Any such
reconstruction or replacement of a capital improvement may be made upon
a new site or upon the same site.
b. Any city, town or village shall have the power to appropriate and
spend money to demolish any unsafe structures, whether publicly or
privately owned, and may remove debris from any property, whether
publicly or privately owned, if the governing board of the municipality
determines such structures or debris to be a peril to the lives and
property of the citizens of the municipality, when such demolition or
removal is necessitated because of attack, except that such expenditures
shall not be made by a town within a city located in such town or by a
town within a village located in whole or part in such town.
Any expenditure for an object or purpose described in this subdivision
by a political subdivision having power to contract indebtedness
pursuant to the local finance law may be financed by the issuance of
obligations pursuant to such law, from the proceeds of taxes raised for
such purpose or from any available funds of the political subdivision.
The period of probable usefulness of the objects and purposes for which
any such expenditure may be made is determined to be ten years unless a
longer period is prescribed by the local finance law. The provisions of
section 107.00 of the local finance law shall not apply to the financing
of any such object or purpose. Any provisions of law:
(1) Requiring the holding of hearings on or the publication of notices
in relation to the effectuation of any such purpose or work or the
financing thereof,
(2) Requiring that the effectuation of any such purpose or work or the
financing thereof be subject to a vote at any election, to a mandatory
or permissive referendum, or to the voting of a tax to be collected in
one or more installments,
(3) Requiring that the effectuation of any such purpose or work or the
financing thereof be initiated only upon petition,
(4) Permitting the issuance of obligations only after the completion
of the effectuation of any such purpose or work or the levy of
assessments therefor,
(5) Requiring the approval of any public board or body other than the
governing board or the finance board, for the effectuation of any such
purpose or work or the financing thereof, the advertisement for bids or
the letting of contracts therefor after competitive bidding, and any
other provisions of law insofar as they tend to prevent, hamper or delay
the effectuation of any such purpose or work or the financing thereof,
shall be inoperative for the purposes of this subdivision, except that
the provisions of sections 57.00, 58.00, 59.00, 60.00, 60.10, 60.20,
63.00, 81.00, 82.00, 83.00, 102.00, 104.00, 104.10, other than
subdivision one thereof, 109.00, 150.00, 151.00, 152.00 and 165.10 of
the local finance law shall continue to be applicable to the financing
thereof when obligations are issued.
Notwithstanding the fact that the effectuation of any such purpose or
work may be required pursuant to law to be undertaken wholly or partly
at the expense of the real property especially benefited thereby, it may
be undertaken at the expense of the political subdivision at large
without charging any part of the cost thereof to real property
especially benefited.