Legislation
SECTION 1262-R*2
Disposition of net collections from sales and compensating use taxes imposed by the county of Ontario
Tax (TAX) CHAPTER 60, ARTICLE 29, PART 4
* § 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
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