Legislation
SECTION 2435-A
Special program agreements
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 18
§ 2435-a. Special program agreements. (1) In order to fulfill the
purposes of this title and to provide a means by which the special
program municipalities may (a) receive moneys to refund certain property
taxes determined to be in excess of state constitutional tax limits or
to reimburse the special program municipalities for the prior refunding
of such taxes or (b) receive moneys to be applied to the cost of
settling litigation involving the city school districts of special
program municipalities and the teachers' unions in such special program
municipalities, or (c) receive moneys for the financing of public
improvements to be applied to the cost of the reconstruction,
rehabilitation or renovation of an educational facility pursuant to the
provisions of subdivision (b) of section sixteen of chapter six hundred
five of the laws of two thousand, or (d) receive moneys for the
financing of public improvements to be applied to the cost of a project
for design, reconstruction or rehabilitation of a school building
pursuant to the provisions of section fourteen of the city of Syracuse
and the board of education of the city school district of the city of
Syracuse cooperative school reconstruction act, or (e) receive moneys
for the financing of public improvements to be applied to the cost of a
project for design, reconstruction or rehabilitation of a school
building, or the construction of a new school building, pursuant to the
provisions of section twelve of the Yonkers city school district joint
schools construction and modernization act, and notwithstanding any
general or special law to the contrary, the agency and each special
program municipality are hereby authorized to enter into one or more
special program agreements, which special program agreements shall,
consistent with the provisions of this title, contain such terms,
provisions and conditions as, in the judgment of the agency, shall be
necessary or desirable. Each special program agreement shall specify the
amount to be made available to the respective special program
municipality from the proceeds of an issue of special program bonds and
shall require such special program municipality, subject to
appropriation by the appropriate legislative body of such special
program municipality, to make payments to the agency in the amounts and
at the times determined by the agency to be necessary to provide for
payment of such issue of special program bonds and such other fees,
charges, costs and other amounts as the agency shall in its judgment
determine to be necessary or desirable.
(2) Any special program agreement entered into pursuant to subdivision
one of this section shall provide that the obligation of the special
program municipality executing such special program agreement to fund or
pay the amounts therein provided for shall not constitute a debt of such
special program municipality within the meaning of any constitutional or
statutory provision and shall be deemed executory only to the extent of
moneys available and that no liability shall be incurred by such special
program municipality beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the
appropriate legislative body of such special program municipality.
purposes of this title and to provide a means by which the special
program municipalities may (a) receive moneys to refund certain property
taxes determined to be in excess of state constitutional tax limits or
to reimburse the special program municipalities for the prior refunding
of such taxes or (b) receive moneys to be applied to the cost of
settling litigation involving the city school districts of special
program municipalities and the teachers' unions in such special program
municipalities, or (c) receive moneys for the financing of public
improvements to be applied to the cost of the reconstruction,
rehabilitation or renovation of an educational facility pursuant to the
provisions of subdivision (b) of section sixteen of chapter six hundred
five of the laws of two thousand, or (d) receive moneys for the
financing of public improvements to be applied to the cost of a project
for design, reconstruction or rehabilitation of a school building
pursuant to the provisions of section fourteen of the city of Syracuse
and the board of education of the city school district of the city of
Syracuse cooperative school reconstruction act, or (e) receive moneys
for the financing of public improvements to be applied to the cost of a
project for design, reconstruction or rehabilitation of a school
building, or the construction of a new school building, pursuant to the
provisions of section twelve of the Yonkers city school district joint
schools construction and modernization act, and notwithstanding any
general or special law to the contrary, the agency and each special
program municipality are hereby authorized to enter into one or more
special program agreements, which special program agreements shall,
consistent with the provisions of this title, contain such terms,
provisions and conditions as, in the judgment of the agency, shall be
necessary or desirable. Each special program agreement shall specify the
amount to be made available to the respective special program
municipality from the proceeds of an issue of special program bonds and
shall require such special program municipality, subject to
appropriation by the appropriate legislative body of such special
program municipality, to make payments to the agency in the amounts and
at the times determined by the agency to be necessary to provide for
payment of such issue of special program bonds and such other fees,
charges, costs and other amounts as the agency shall in its judgment
determine to be necessary or desirable.
(2) Any special program agreement entered into pursuant to subdivision
one of this section shall provide that the obligation of the special
program municipality executing such special program agreement to fund or
pay the amounts therein provided for shall not constitute a debt of such
special program municipality within the meaning of any constitutional or
statutory provision and shall be deemed executory only to the extent of
moneys available and that no liability shall be incurred by such special
program municipality beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the
appropriate legislative body of such special program municipality.