Bill Text: NY S08805 | 2023-2024 | General Assembly | Amended


Bill Title: Deems the objects or purposes for which certain bonds were issued by the city of Buffalo as being for a police training center and shooting range located at 379 Paderewski Drive; authorizes the expenditure of the proceeds from such bonds for such objects or purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-16 - PRINT NUMBER 8805A [S08805 Detail]

Download: New_York-2023-S08805-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8805--A

                    IN SENATE

                                     March 14, 2024
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Cities  2  --  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
          a new police shooting range and authorizing  the  expenditure  of  the
          proceeds  from  such  bonds  for such objects or purposes (Part A); 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 a new
          police  shooting range and authorizing the expenditure of the proceeds
          from such bonds for such objects or purposes (Part B); 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 a new police train-
          ing facility and authorizing the expenditure of the proceeds from such
          bonds for such objects or purposes (Part C); and in relation to  deem-
          ing the objects or purposes for which certain bonds were issued by the
          city  of  Buffalo  to be for the construction of a new police training
          facility, including planning and design work,  related  site  improve-
          ments, and furnishings and authorizing the expenditure of the proceeds
          from such bonds for such objects or purposes (Part D)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act enacts into law components of legislation relating
     2  to deeming the objects or purposes for which certain bonds  were  issued
     3  by  the  city of Buffalo and authorizing the expenditure of the proceeds
     4  from such bonds for such objects or purposes. Each component  is  wholly
     5  contained  within  a Part identified as Parts A through D. The effective
     6  date for each particular provision contained within  such  Part  is  set
     7  forth  in  the  last  section of such Part. Any provision in any section
     8  contained within a Part, including the effective date of the Part, which
     9  makes a reference to a section "of this act", when  used  in  connection
    10  with that particular component, shall be deemed to mean and refer to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14761-04-4

        S. 8805--A                          2

     1  corresponding section of the Part in which it is found. Section three of
     2  this act sets forth the general effective date of this act.

     3                                   PART A

     4    Section  1.  Legislative  findings.  The  legislature hereby finds and
     5  determines that pursuant to a bond resolution dated  February  19,  2019
     6  adopted  by  the  common council of the city of Buffalo, county of Erie,
     7  (the "common council" and the "city" respectively) the city issued bonds
     8  in  the  principal  amount  of  $1,100,000  to  finance  the   cost   of
     9  construction  of  a  new  police shooting range. The legislature further
    10  finds and determines that said resolution failed to include language  to
    11  identify the accurate address within the city in which such construction
    12  of a new police shooting range is intended to be made.
    13    § 2. Notwithstanding the defects described in section one of this act,
    14  the  object  or  purposes  for  which  said bonds were issued are hereby
    15  deemed to be for the construction of a new police shooting range  to  be
    16  located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
    17  the aforesaid resolution and the expenditure of the $1,100,000  proceeds
    18  of  such  bonds for such objects or purposes is hereby authorized, vali-
    19  dated, confirmed and ratified.
    20    § 3. The authorization provided in section two of this act  shall  not
    21  take  effect  until  the  common council of the city of Buffalo adopts a
    22  resolution after the effective date of this act that shall be subject to
    23  permissive referendum pursuant to section 23-11 of the  charter  of  the
    24  city  of  Buffalo as if the council had not already created a city debt.
    25  In the event a successful petition is filed with  the  city  clerk,  the
    26  authorization  provided in section two of this act shall not take effect
    27  unless such resolution is approved by the affirmative vote of a majority
    28  of the qualified electors.
    29    § 4. Separability. If any clause, sentence, paragraph, section or part
    30  of this act shall be adjudged by any court of competent jurisdiction  to
    31  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    32  remainder thereof, but shall be confined in its operation to the clause,
    33  sentence, paragraph, section or part thereof directly  involved  in  the
    34  controversy in which such judgment shall have been rendered.
    35    § 5. This act shall take effect immediately.

    36                                   PART B

    37    Section  1.  Legislative  findings.  The  legislature hereby finds and
    38  determines that pursuant to a bond resolution dated  February  18,  2020
    39  adopted  by  the  common council of the city of Buffalo, county of Erie,
    40  (the "common council" and the "city" respectively) the city issued bonds
    41  in the principal amount of $400,000 to finance the cost of  construction
    42  of a new police shooting range. The legislature further finds and deter-
    43  mines  that  said  resolution failed to include language to identify the
    44  accurate address within the city in which such  construction  of  a  new
    45  police shooting range is intended to be made.
    46    § 2. Notwithstanding the defects described in section one of this act,
    47  the  object  or  purposes  for  which  said bonds were issued are hereby
    48  deemed to be for the construction of a new police shooting range  to  be
    49  located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
    50  the aforesaid resolution and the expenditure of the $400,000 proceeds of
    51  such bonds for such objects or purposes is hereby authorized, validated,
    52  confirmed and ratified.

        S. 8805--A                          3

     1    § 3. The authorization provided in section two of this act  shall  not
     2  take  effect  until  the  common council of the city of Buffalo adopts a
     3  resolution after the effective date of this act that shall be subject to
     4  permissive referendum pursuant to section 23-11 of the  charter  of  the
     5  city  of  Buffalo as if the council had not already created a city debt.
     6  In the event a successful petition is filed with  the  city  clerk,  the
     7  authorization  provided in section two of this act shall not take effect
     8  unless such resolution is approved by the affirmative vote of a majority
     9  of the qualified electors.
    10    § 4. Separability. If any clause, sentence, paragraph, section or part
    11  of this act shall be adjudged by any court of competent jurisdiction  to
    12  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    13  remainder thereof, but shall be confined in its operation to the clause,
    14  sentence, paragraph, section or part thereof directly  involved  in  the
    15  controversy in which such judgment shall have been rendered.
    16    § 5. This act shall take effect immediately.

    17                                   PART C

    18    Section  1.  Legislative  findings.  The  legislature hereby finds and
    19  determines that pursuant to a bond resolution dated  February  22,  2022
    20  adopted  by  the  common council of the city of Buffalo, county of Erie,
    21  (the "common council" and the "city" respectively) the city issued bonds
    22  in  the  principal  amount  of  $1,879,700  to  finance  the   cost   of
    23  construction  of a new police training facility. The legislature further
    24  finds and determines that said resolution failed to include language  to
    25  identify the accurate address within the city in which such construction
    26  of a new police training facility is intended to be made.
    27    § 2. Notwithstanding the defects described in section one of this act,
    28  the  object  or  purposes  for  which  said bonds were issued are hereby
    29  deemed to be for the construction of a new police training  facility  to
    30  be  located  at 379 Paderewski Drive in the city of Buffalo as mentioned
    31  in the aforesaid  resolution  and  the  expenditure  of  the  $1,879,700
    32  proceeds  of  such  bonds for such objects or purposes is hereby author-
    33  ized, validated, confirmed and ratified.
    34    § 3. The authorization provided in section two of this act  shall  not
    35  take  effect  until  the  common council of the city of Buffalo adopts a
    36  resolution after the effective date of this act that shall be subject to
    37  permissive referendum pursuant to section 23-11 of the  charter  of  the
    38  city  of  Buffalo as if the council had not already created a city debt.
    39  In the event a successful petition is filed with  the  city  clerk,  the
    40  authorization  provided in section two of this act shall not take effect
    41  unless such resolution is approved by the affirmative vote of a majority
    42  of the qualified electors.
    43    § 4. Separability. If any clause, sentence, paragraph, section or part
    44  of this act shall be adjudged by any court of competent jurisdiction  to
    45  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    46  remainder thereof, but shall be confined in its operation to the clause,
    47  sentence, paragraph, section or part thereof directly  involved  in  the
    48  controversy in which such judgment shall have been rendered.
    49    § 5. This act shall take effect immediately.

    50                                   PART D

    51    Section  1.  Legislative  findings.  The  legislature hereby finds and
    52  determines that pursuant to a bond resolution  dated  February  7,  2023

        S. 8805--A                          4

     1  adopted  by  the  common council of the city of Buffalo, county of Erie,
     2  (the "common council" and the "city" respectively) the city issued bonds
     3  in  the  principal  amount  of  $1,514,700  to  finance  the   cost   of
     4  construction  of  a new police training facility, including planning and
     5  design work, related site improvements, and furnishings. The legislature
     6  further finds and determines that  said  resolution  failed  to  include
     7  language  to identify the accurate address within the city in which such
     8  construction of a new police training facility is intended to be made.
     9    § 2. Notwithstanding the defects described in section one of this act,
    10  the object or purposes for which  said  bonds  were  issued  are  hereby
    11  deemed  to  be  for  the construction of a new police training facility,
    12  including planning and  design  work,  related  site  improvements,  and
    13  furnishings to be located at 379 Paderewski Drive in the city of Buffalo
    14  as  mentioned  in  the  aforesaid  resolution and the expenditure of the
    15  $1,514,700 proceeds of such bonds for such objects or purposes is hereby
    16  authorized, validated, confirmed and ratified.
    17    § 3. The authorization provided in section two of this act  shall  not
    18  take  effect  until  the  common council of the city of Buffalo adopts a
    19  resolution after the effective date of this act that shall be subject to
    20  permissive referendum pursuant to section 23-11 of the  charter  of  the
    21  city  of  Buffalo as if the council had not already created a city debt.
    22  In the event a successful petition is filed with  the  city  clerk,  the
    23  authorization  provided in section two of this act shall not take effect
    24  unless such resolution is approved by the affirmative vote of a majority
    25  of the qualified electors.
    26    § 4. Separability. If any clause, sentence, paragraph, section or part
    27  of this act shall be adjudged by any court of competent jurisdiction  to
    28  be  invalid,  such  judgment shall not affect, impair, or invalidate the
    29  remainder thereof, but shall be confined in its operation to the clause,
    30  sentence, paragraph, section or part thereof directly  involved  in  the
    31  controversy in which such judgment shall have been rendered.
    32    § 5. This act shall take effect immediately.
    33    § 2. Severability. If any clause, sentence, paragraph, section or part
    34  of  this act shall be adjudged by any court of competent jurisdiction to
    35  be invalid and after exhaustion of  all  further  judicial  review,  the
    36  judgment  shall not affect, impair, or invalidate the remainder thereof,
    37  but shall be confined in its operation to the  clause,  sentence,  para-
    38  graph,  section or part of this act directly involved in the controversy
    39  in which the judgment shall have been rendered.
    40    § 3. This act shall take effect immediately  provided,  however,  that
    41  the  applicable effective date of Parts A through D of this act shall be
    42  as specifically set forth in the last section of such Parts.
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