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.