Bill Text: NY S04427 | 2017-2018 | General Assembly | Amended


Bill Title: Authorizes bond proceeds to be used for the construction and infrastructure improvements in the vicinity of the intersection of Michigan avenue and Broadway in the city of Buffalo.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-19 - SUBSTITUTED BY A4711A [S04427 Detail]

Download: New_York-2017-S04427-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4427--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 14, 2017
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT in relation to deeming the objects or purposes for which  certain
          bonds were issued by the city of Buffalo to be for the construction of
          an  archway  and  infrastructure  improvements  in the vicinity of the
          intersection of Michigan avenue and  Broadway  within  said  city  and
          authorizing  the  expenditure of the proceeds from such bonds for such
          objects or purposes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  Findings.  The  legislature hereby finds and
     2  determines that pursuant to a bond resolution dated  February  21,  2012
     3  adopted  by  the  common council of the city of Buffalo, county of Erie,
     4  (the "common council" and the "city" respectively) the  city  issued  on
     5  April  17,  2012, bonds in the principal amount of $150,000 sold as part
     6  of general improvement serial bonds in the aggregate principal amount of
     7  $21,640,000 to finance the cost of infrastructure  improvements  to  the
     8  archway  at  the  intersection  of  Michigan avenue and Jefferson avenue
     9  within the city. The legislature further finds and determines that  said
    10  resolution  failed  to include language regarding the construction of an
    11  archway and to identify the accurate intersection  within  the  city  in
    12  which  such  archway  construction  and such infrastructure improvements
    13  were intended to be made.
    14    § 2. Notwithstanding any other provision of law to the  contrary,  the
    15  object or purposes for which said bonds were issued are hereby deemed to
    16  be  for  the construction of an archway to be located in the vicinity of
    17  the intersection of Michigan avenue and  Broadway  within  the  city  in
    18  addition  to infrastructure improvements at the intersection of Michigan
    19  avenue and Broadway consisting of a study, design, required sidewalk and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08912-03-7

        S. 4427--A                          2
     1  curb replacement, landscaping, tree trimming, and other  required  right
     2  of  way  enhancements  as  mentioned in the aforesaid resolution and the
     3  expenditure of the $150,000 proceeds of such bonds for such  objects  or
     4  purposes is hereby authorized, validated, confirmed and ratified.
     5    §  3.  The authorization provided in section two of this act shall not
     6  take effect until the common council of the city  of  Buffalo  adopts  a
     7  resolution after the effective date of this act that shall be subject to
     8  permissive  referendum  pursuant  to section 23-11 of the charter of the
     9  city of Buffalo as if the council had not already created a  city  debt.
    10  In  the  event  a  successful petition is filed with the city clerk, the
    11  authorization provided in section two of this act shall not take  effect
    12  unless such resolution is approved by the affirmative vote of a majority
    13  of the qualified electors.
    14    § 4. Separability. If any clause, sentence, paragraph, section or part
    15  of  this act shall be adjudged by any court of competent jurisdiction to
    16  be invalid, such judgment shall not affect, impair,  or  invalidate  the
    17  remainder thereof, but shall be confined in its operation to the clause,
    18  sentence,  paragraph,  section  or part thereof directly involved in the
    19  controversy in which such judgement shall have been rendered.
    20    § 5. This act shall take effect immediately.
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