Bill Text: NY A10370 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for temporary alternative methods of financing snow and ice removal expenses in the town of Brookhaven.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-19 - referred to local governments [A10370 Detail]
Download: New_York-2009-A10370-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10370 I N A S S E M B L Y March 19, 2010 ___________ Introduced by M. of A. ALESSI -- read once and referred to the Committee on Local Governments AN ACT to amend the local finance law, in relation to temporary alterna- tive methods of financing snow and ice removal expenses in the town of Brookhaven THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The local finance law is amended by adding a new section 2 26.05 to read as follows: 3 S 26.05 TEMPORARY ALTERNATIVE METHODS OF FINANCING SNOW AND ICE 4 REMOVAL EXPENSES IN THE TOWN OF BROOKHAVEN. A. DEFINITIONS. WITH 5 RESPECT TO THE TOWN OF BROOKHAVEN WHICH HAS CALENDAR FISCAL YEARS WHICH 6 COMMENCED ON THE FIRST DAY OF JANUARY, TWO THOUSAND NINE AND THE FIRST 7 DAY OF JANUARY, TWO THOUSAND TEN, THE TERMS "EXTRAORDINARY EXPENSES FOR 8 SNOW AND ICE REMOVAL" AND "SUCH EXTRAORDINARY EXPENSES", AS USED IN THIS 9 SECTION, SHALL MEAN THE EXPENSES INCURRED FOR THE REMOVAL OF SNOW AND 10 ICE FROM THE PUBLIC THOROUGHFARES AND PUBLIC PLACES OF SUCH TOWN DURING 11 ANY MONTH IN SUCH YEARS, IN EXCESS OF THE NORMAL EXPENSES WHICH WOULD 12 HAVE BEEN INCURRED FOR SUCH PURPOSES DURING SUCH PERIODS, AS DETERMINED 13 BY THE TOWN BOARD OF SUCH TOWN. IN MAKING ANY SUCH DETERMINATION, THE 14 TOWN BOARD SHALL NOT INCLUDE AS A PART OF SUCH EXTRAORDINARY EXPENSES 15 THE SALARIES AND WAGES OF REGULAR EMPLOYEES, EXCEPT FOR OVERTIME WORK 16 AND WORK ON SUNDAYS AND HOLIDAYS. 17 B. THE FINANCING OF SNOW AND ICE REMOVAL EXPENSES BY THE ISSUANCE OF 18 SERIAL BONDS. 1. THE TOWN BOARD OF THE TOWN OF BROOKHAVEN WHICH HAS 19 FISCAL YEARS WHICH COMMENCED ON THE FIRST DAY OF JANUARY, TWO THOUSAND 20 NINE AND THE FIRST DAY OF JANUARY, TWO THOUSAND TEN, MAY AUTHORIZE THE 21 ISSUANCE OF SERIAL BONDS IN TWO THOUSAND TEN TO PROVIDE FOR THE PAYMENT 22 OF ALL OR PART OF THE EXTRAORDINARY EXPENSES OF SNOW AND ICE REMOVAL 23 INCURRED DURING ANY MONTH IN SUCH YEARS, TO REIMBURSE ANY FUND OR 24 ACCOUNT OF SUCH TOWN FROM WHICH MONIES TO PAY SUCH EXTRAORDINARY 25 EXPENSES HAVE BEEN ADVANCED OR TO REPLENISH ANY FUND OR ACCOUNT OF SUCH 26 TOWN FROM WHICH SUCH EXTRAORDINARY EXPENSES HAVE BEEN PAID, OR ANY 27 COMBINATION OF SUCH PURPOSES, NOTWITHSTANDING THAT THERE MAY HAVE BEEN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15628-02-0 A. 10370 2 1 LACK OF STATUTORY AUTHORITY FOR ANY SUCH ADVANCE OR PAYMENT FROM SUCH 2 FUND OR ACCOUNT. THE PERIOD OF PROBABLE USEFULNESS OF SUCH OBJECTS OR 3 PURPOSES SHALL BE FIVE YEARS. ANY SUCH SERIAL BONDS SHALL HAVE A MAXIMUM 4 MATURITY OF OVER TWO YEARS, BUT THE DATE OF FINAL MATURITY OF ANY SUCH 5 ISSUE SHALL NOT EXTEND BEYOND THE FIRST DAY OF DECEMBER IN THE YEAR TWO 6 THOUSAND FIFTEEN. 7 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS PARAGRAPH, SERIAL BONDS MAY 8 NOT BE AUTHORIZED TO BE ISSUED FOR THE PURPOSE OF FINANCING ANY PORTION 9 OF SUCH EXTRAORDINARY EXPENSES DESCRIBED IN SUCH SUBDIVISION WHICH HERE- 10 TOFORE HAVE BEEN OR HEREAFTER SHALL BE FINANCED BY THE ISSUANCE OF BUDG- 11 ET NOTES OR FOR THE PURPOSE OF REDEEMING ANY SUCH NOTES. 12 3. EXCEPT AS PROVIDED IN THIS SECTION, SUCH SERIAL BONDS AND ANY BOND 13 ANTICIPATION NOTES IN ANTICIPATION THEREOF, SHALL BE AUTHORIZED, SOLD 14 AND ISSUED IN THE MANNER PROVIDED BY THIS CHAPTER. ANY BOND ANTICIPATION 15 NOTES ISSUED IN ANTICIPATION OF SUCH BONDS SHALL, FOR THE PURPOSE OF 16 DETERMINING THE POWER OF THE ISSUER TO CONTRACT INDEBTEDNESS AND TO 17 RAISE TAXES UPON REAL ESTATE, BE DEEMED TO BE SERIAL BONDS OF AN ISSUE 18 HAVING A MAXIMUM MATURITY OF MORE THAN TWO YEARS AS DESCRIBED IN SUBDI- 19 VISION A OF SECTION FIVE AND SECTION TEN OF ARTICLE EIGHT OF THE STATE 20 CONSTITUTION AND FOR THE PURPOSES OF (I) PARAGRAPH ONE-A OF SECTION 21 136.00 OF THIS ARTICLE, AND (II) ALL LAWS RELATING TO THE FINANCIAL 22 REPORTS, DEBT STATEMENTS AND REAL ESTATE TAX MARGIN COMPUTATIONS OF SUCH 23 TOWN. THE SUPERVISOR OF THE TOWN OF BROOKHAVEN SHALL IMMEDIATELY AFTER 24 THE ISSUANCE OR RENEWAL OF SUCH BOND ANTICIPATION NOTES NOTIFY THE STATE 25 COMPTROLLER OF SUCH ISSUANCE OR RENEWAL. THE STATE COMPTROLLER MAY 26 PRESCRIBE THE FORM OF ANY SUCH NOTICE AND SHALL FURNISH SUCH FORMS TO 27 MUNICIPALITIES FOR THE PURPOSE OF MAKING ANY SUCH REPORT. 28 4. CAPITAL NOTES MAY NOT BE ISSUED TO FINANCE ANY OBJECT OR PURPOSE 29 FOR WHICH SERIAL BONDS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS 30 PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT AFFECT THE POWER 31 OF THE TOWN OF BROOKHAVEN TO FINANCE ALL OR PART OF ANY SUCH EXTRAOR- 32 DINARY EXPENSES PURSUANT TO THE PROVISIONS OF SECTION 29.00 OF THIS 33 TITLE AND PARAGRAPH C OF THIS SECTION. 34 5. SECTION 104.10 OF THIS ARTICLE SHALL NOT BE APPLICABLE IN RELATION 35 TO, OR AS THE RESULT OF, THE ADOPTION OF A BOND RESOLUTION AUTHORIZING 36 THE ISSUANCE OF SERIAL BONDS PURSUANT TO THIS PARAGRAPH. THE PROVISIONS 37 OF SECTION 10.00, PARAGRAPH A OF SECTION 21.00 OF THIS ARTICLE AND ANY 38 OTHER SECTION OF THIS CHAPTER, OR THE PROVISIONS OF ANY GENERAL, SPECIAL 39 OR LOCAL LAW, WHICH WOULD RESTRICT, LIMIT OR PROHIBIT THE ISSUANCE OF 40 SUCH BONDS (EXCEPT THOSE ENACTED TO CONFORM WITH THE STATE CONSTITUTION) 41 ARE, TO THE EXTENT THAT THIS SECTION IS UTILIZED BY THE TOWN OF BROOKHA- 42 VEN, SUSPENDED AND MADE INEFFECTIVE INSOFAR AS NECESSARY TO EFFECTUATE 43 THE PURPOSES OF THIS SECTION. 44 C. THE FINANCING OF SNOW AND ICE REMOVAL EXPENSES BY THE ISSUANCE OF 45 BUDGET NOTES. 1. IF THE TOWN OF BROOKHAVEN HAS HERETOFORE ISSUED BUDGET 46 NOTES PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF PARAGRAPH A OF 47 SECTION 29.00 OF THIS TITLE TO PROVIDE FOR THE PAYMENT OF EXTRAORDINARY 48 EXPENSES OF SNOW AND ICE REMOVAL, AS DEFINED IN THIS SECTION, THE TOWN 49 BOARD OF THE TOWN OF BROOKHAVEN, BY RESOLUTION, MAY DETERMINE THAT SUCH 50 NOTES SHALL BE DEEMED TO HAVE BEEN ISSUED PURSUANT TO THE PROVISIONS OF 51 SUBDIVISION ONE OF PARAGRAPH A OF SUCH SECTION AND THAT SUCH NOTES SO 52 ISSUED SHALL NOT THEREAFTER BE CONSIDERED IN DETERMINING THE POWER OF 53 SUCH TOWN TO ISSUE BUDGET NOTES PURSUANT TO SUCH SUBDIVISION TWO. 54 2. IF THE TOWN OF BROOKHAVEN HAS HERETOFORE ISSUED BUDGET NOTES PURSU- 55 ANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO OF PARAGRAPH A OR PARA- 56 GRAPH B OF SECTION 29.00 OF THIS TITLE, TO PROVIDE FOR THE PAYMENT OF A. 10370 3 1 EXTRAORDINARY EXPENSES OF SNOW AND ICE REMOVAL, AS DEFINED IN THIS 2 SECTION, THE TOWN BOARD MAY DETERMINE THAT THE PROVISIONS OF PARAGRAPH J 3 OF SUCH SECTION SHALL NOT BE APPLICABLE IN RELATION TO THE MATURITY OF 4 SUCH NOTES AND (I) THAT SUCH NOTES SHALL MATURE IN EQUAL ANNUAL INSTALL- 5 MENTS IN TWO DIFFERENT FISCAL YEARS, BUT THE FINAL MATURITY OF SUCH 6 NOTES SHALL NOT EXTEND BEYOND THE CLOSE OF THE SECOND FISCAL YEAR IMME- 7 DIATELY SUCCEEDING THE YEAR OF THEIR ISSUE, OR (II) IF THE FISCAL PROCE- 8 DURES APPLICABLE TO SUCH MUNICIPALITY WILL ENABLE THE NECESSARY BUDGET- 9 ARY APPROPRIATIONS FOR DEBT SERVICE TO BE MADE AND SUCH APPROPRIATIONS 10 TO BECOME AVAILABLE, THAT SUCH NOTES SHALL MATURE IN THREE EQUAL ANNUAL 11 INSTALLMENTS IN THREE DIFFERENT FISCAL YEARS, BUT THE FINAL MATURITY OF 12 ANY SUCH NOTES SHALL NOT EXCEED THREE YEARS IN ACCORDANCE WITH THE 13 PROVISIONS OF PARAGRAPH A OF SECTION 11.00 OF THIS ARTICLE WHICH 14 PRESCRIBES A PERIOD OF PROBABLE USEFULNESS OF THREE YEARS FOR OBJECTS OR 15 PURPOSES FINANCED BY THE ISSUANCE OF BUDGET NOTES. SUCH BUDGET NOTES 16 WHICH MATURE IN THREE EQUAL ANNUAL INSTALLMENTS, AS AFORESAID, SHALL, 17 FOR THE PURPOSE OF DETERMINING THE POWER OF THE ISSUER TO CONTRACT 18 INDEBTEDNESS AND TO RAISE TAXES ON REAL ESTATE, BE DEEMED TO BE SERIAL 19 BONDS OF AN ISSUE HAVING A MAXIMUM MATURITY OF MORE THAN TWO YEARS AS 20 DESCRIBED IN SUBDIVISION A OF SECTION FIVE AND SECTION TEN OF ARTICLE 21 EIGHT OF THE STATE CONSTITUTION AND FOR THE PURPOSES OF (A) PARAGRAPH 22 ONE-A OF SECTION 136.00 OF THIS ARTICLE AND (B) ALL LAWS RELATING TO 23 FINANCIAL REPORTS, DEBT STATEMENTS AND REAL ESTATE TAX MARGIN COMPUTA- 24 TIONS OF SUCH TOWN. IF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN DETER- 25 MINES THAT SUCH BUDGET NOTES SHALL MATURE IN THREE EQUAL ANNUAL INSTALL- 26 MENTS, AS AFORESAID, THE CHIEF FISCAL OFFICER OF SUCH MUNICIPALITY 27 IMMEDIATELY AFTER THE ADOPTION OF THE RESOLUTION MAKING SUCH DETERMI- 28 NATION SHALL FILE A COPY OF THE RESOLUTION WITH THE STATE COMPTROLLER 29 AND SHALL IMMEDIATELY AFTER THE ISSUANCE OR RENEWAL OF SUCH NOTES NOTIFY 30 THE STATE COMPTROLLER OF SUCH ISSUANCE OR RENEWAL. THE STATE COMPTROLLER 31 MAY PRESCRIBE THE FORM OF ANY SUCH NOTICE AND SHALL FURNISH SUCH FORMS 32 TO MUNICIPALITIES FOR THE PURPOSE OF MAKING ANY SUCH REPORT. 33 3. NOTWITHSTANDING ANY OF THE PROVISIONS OF SECTION 29.00 OF THIS 34 TITLE, THE TOWN BOARD OF THE TOWN OF BROOKHAVEN MAY AUTHORIZE THE ISSU- 35 ANCE OF BUDGET NOTES PURSUANT TO SUBDIVISION ONE OF PARAGRAPH A OR PARA- 36 GRAPH B OF SUCH SECTION TO PROVIDE FOR THE PAYMENT OF ALL OR PART OF THE 37 EXTRAORDINARY EXPENSES OF SNOW AND ICE REMOVAL, AS DEFINED IN THIS 38 SECTION, TO REIMBURSE ANY FUND OR ACCOUNT OF SUCH TOWN FROM WHICH MONIES 39 TO PAY SUCH EXTRAORDINARY EXPENSES HAVE BEEN ADVANCED OR TO REPLENISH 40 ANY FUND OR ACCOUNT OF THE MUNICIPALITY FROM WHICH SUCH EXTRAORDINARY 41 EXPENSES HAVE BEEN PAID, OR ANY COMBINATION OF SUCH PURPOSES, NOTWITH- 42 STANDING THAT THERE MAY HAVE BEEN LACK OF STATUTORY AUTHORITY FOR ANY 43 SUCH ADVANCE OR PAYMENT FROM SUCH FUND OR ACCOUNT. THE TOWN BOARD MAY 44 DETERMINE THAT SUCH NOTES MAY MATURE IN THE MANNER PROVIDED IN PARAGRAPH 45 J OF SECTION 29.00 OF THIS TITLE, OR, IF THE FISCAL PROCEDURES APPLICA- 46 BLE TO SUCH TOWN WILL ENABLE THE NECESSARY BUDGETARY APPROPRIATIONS FOR 47 DEBT SERVICE TO BE MADE AND SUCH APPROPRIATIONS TO BECOME AVAILABLE, 48 THAT SUCH NOTES SHALL MATURE IN TWO EQUAL ANNUAL INSTALLMENTS IN TWO 49 DIFFERENT FISCAL YEARS, BUT THE FINAL MATURITY OF SUCH NOTES SHALL NOT 50 EXTEND BEYOND THE CLOSE OF THE SECOND FISCAL YEAR IMMEDIATELY SUCCEEDING 51 THE YEAR OF THEIR ISSUE. 52 4. IF THE TOWN OF BROOKHAVEN WHICH HAD CALENDAR FISCAL YEARS WHICH 53 COMMENCED ON THE FIRST DAY OF JANUARY, TWO THOUSAND NINE AND THE FIRST 54 DAY OF JANUARY, TWO THOUSAND TEN, ISSUED BUDGET NOTES IN SUCH YEARS 55 PURSUANT TO THE PROVISIONS OF SECTION 29.00 OF THIS TITLE TO FINANCE THE 56 PAYMENT OF EXPENSES OF REMOVAL OF SNOW AND ICE IN SUCH FISCAL YEARS AND A. 10370 4 1 IF SUCH BUDGET NOTES, UNDER THE PROVISIONS OF PARAGRAPH J OF SUCH 2 SECTION, COULD NOT BE RENEWED AFTER THE CLOSE OF ITS FISCAL YEARS WHICH 3 WOULD END IN THE YEAR TWO THOUSAND ELEVEN, THEN AND IN SUCH EVENT THE 4 TOWN BOARD OF SUCH TOWN MAY DETERMINE THAT THE PROVISIONS OF PARAGRAPH J 5 OF SUCH SECTION SHALL NOT BE APPLICABLE IN RELATION TO THE MATURITY OF 6 SUCH NOTES AND THAT SUCH NOTES SHALL MATURE IN EQUAL ANNUAL INSTALLMENTS 7 IN THE YEARS TWO THOUSAND ELEVEN AND TWO THOUSAND TWELVE. 8 5. IF THE TOWN OF BROOKHAVEN WHICH HAD CALENDAR FISCAL YEARS WHICH 9 COMMENCED ON THE FIRST DAY OF JANUARY, TWO THOUSAND NINE AND THE FIRST 10 DAY OF JANUARY, TWO THOUSAND TEN, AUTHORIZED THE ISSUANCE OF BUDGET 11 NOTES IN SUCH YEARS PURSUANT TO THE PROVISIONS OF SECTION 29.00 OF THIS 12 TITLE TO FINANCE THE PAYMENT OF EXPENSES OF REMOVAL OF SNOW AND ICE IN 13 SUCH YEAR AND IF SUCH NOTES WERE NOT ISSUED IN THE YEAR TWO THOUSAND 14 NINE OR TWO THOUSAND TEN, BUT WERE OR ARE TO BE ISSUED IN THE YEAR TWO 15 THOUSAND ELEVEN, AND IF SUCH BUDGET NOTES, UNDER THE PROVISIONS OF PARA- 16 GRAPH J OF SUCH SECTION, COULD NOT BE RENEWED AFTER THE CLOSE OF ITS 17 FISCAL YEAR WHICH WOULD END IN THE YEAR TWO THOUSAND TWELVE, THEN AND IN 18 ANY SUCH EVENT THE TOWN BOARD OF SUCH TOWN MAY DETERMINE THAT THE 19 PROVISIONS OF PARAGRAPH J OF SUCH SECTION SHALL NOT BE APPLICABLE IN 20 RELATION TO THE MATURITY OF SUCH NOTES AND THAT SUCH NOTES SHALL MATURE 21 IN EQUAL ANNUAL INSTALLMENTS IN THE YEARS TWO THOUSAND TWELVE AND TWO 22 THOUSAND THIRTEEN. 23 6. ANY RESOLUTION OF THE TOWN BOARD OF THE TOWN OF BROOKHAVEN MAKING A 24 DETERMINATION PURSUANT TO SUBDIVISION ONE, TWO, THREE, FOUR OR FIVE OF 25 THIS PARAGRAPH MAY BE ADOPTED BY A MAJORITY VOTE OF THE FINANCE BOARD, 26 NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH D OF SECTION 40.00 OF THIS 27 ARTICLE. 28 7. THE PROVISIONS OF SUBDIVISION FOUR OF PARAGRAPH C OF SECTION 40.00 29 OF THIS ARTICLE AND OF ANY OTHER SECTION OF THIS CHAPTER AND THE 30 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW WHICH WOULD RESTRICT, 31 LIMIT OR PROHIBIT THE RENEWAL OF BUDGET NOTES AS PROVIDED IN THIS PARA- 32 GRAPH (EXCEPT THOSE ENACTED TO CONFORM WITH THE STATE CONSTITUTION) ARE, 33 TO THE EXTENT THAT THIS SECTION IS UTILIZED BY THE TOWN OF BROOKHAVEN, 34 SUSPENDED AND MADE INEFFECTIVE INSOFAR AS NECESSARY TO EFFECTUATE THE 35 OBJECTS AND PURPOSES OF THIS SECTION. 36 D. SEPARABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, OR 37 PART OF THIS SECTION BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION 38 TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE 39 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, 40 SENTENCE, SUBDIVISION, PARAGRAPH, OR PART THEREOF DIRECTLY INVOLVED IN 41 THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. 42 S 2. This act shall take effect immediately.