New York Laws
Title 2 - Local Obligations: Types Thereof
26.00 - Temporary Alternative Methods of Financing Snow and Ice Removal Expenses.

§ 26.00 Temporary alternative methods of financing snow and ice
removal expenses. a. Definitions. 1. With respect to any municipality
which has a calendar fiscal year which commenced on the first day of
January, two thousand two, the terms "extraordinary expenses for snow
and ice removal" and "such extraordinary expenses", as used in this
section, shall mean the expenses incurred for the removal of snow and
ice from the public thoroughfares and public places of such municipality
during any month in such year up to and including June two thousand
three, in excess of the normal expenses which would have been incurred
for such purposes during such period, as determined by the finance board
of such municipality. In making any such determination, the finance
board shall not include as a part of such extraordinary expenses the
salaries and wages of regular employees, except for overtime work and
work on Sundays and holidays.

2. With respect to any municipality which has a fiscal year which
commenced in the year two thousand two on or after the first day of
March in such year, the terms "extraordinary expenses for snow and ice
removal" and "such extraordinary expenses", as used in this section,
shall mean the expenses incurred for the removal of snow and ice from
the public thoroughfares and public places of such municipality during
such fiscal year, in excess of the amounts appropriated for such
purposes in the annual budget for such fiscal year, or, if no such
appropriations were made, then in excess of the average of all
expenditures for such purposes during each of the five preceding fiscal
years, as determined by the finance board of such municipality.

b. The financing of snow and ice removal expenses by the issuance of
serial bonds. 1. The finance board of a municipality which has a fiscal
year which commenced on the first day of January, two thousand two, may
authorize the issuance of serial bonds in the two thousand three fiscal
year to provide for the payment of all or part of the extraordinary
expenses of snow and ice removal incurred during any month in the year
two thousand two up to and including June two thousand three, to
reimburse any fund or account of the municipality from which monies to
pay such extraordinary expenses have been advanced or to replenish any
fund or account of the municipality from which such extraordinary
expenses have been paid, or any combination of such purposes,
notwithstanding that there may have been lack of statutory authority for
any such advance or payment from such fund or account. The period of
probable usefulness of such objects or purposes shall be five years. Any
such serial bonds shall have a maximum maturity of over two years, but
the date of final maturity of any such issue shall not extend beyond the
first day of March in the year two thousand eight as to counties and
towns and shall not extend beyond the thirty-first day of December, two
thousand eight, as to other municipalities.

2. The finance board of a municipality which has a fiscal year which
commenced in the year two thousand two on or after the first day of
March in such year may authorize the issuance of serial bonds in such
fiscal year, or in its next succeeding fiscal year, to provide for the
payment of all or part of the extraordinary expenses of snow and ice
removal incurred in such fiscal year, to reimburse any fund or account
of the municipality from which monies to pay such extraordinary expenses
have been advanced or to replenish any fund or account of the
municipality from which such extraordinary expenses have been paid, or
any combination of such purposes, notwithstanding that there may have
been lack of statutory authority for any such advance or payment from
such fund or account. The period of probable usefulness of such objects
or purposes shall be five years. Any such serial bonds shall have a
maximum maturity of over two years, but the date of final maturity of

any such issue shall not extend beyond the thirty-first day of December,
two thousand seven.

3. Notwithstanding the foregoing provisions of subdivisions one and
two of this paragraph, serial bonds may not be authorized to be issued
for the purpose of financing any portion of such extraordinary expenses
described in such subdivisions which heretofore have been or hereafter
shall be financed by the issuance of budget notes or for the purpose of
redeeming any such notes.

4. Except as provided in this section, such serial bonds and any bond
anticipation notes in anticipation thereof, shall be authorized, sold
and issued in the manner provided by this chapter. Any bond anticipation
notes issued in anticipation of such bonds shall, for the purpose of
determining the power of the issuer to contract indebtedness and to
raise taxes upon real estate, be deemed to be serial bonds of an issue
having a maximum maturity of more than two years as described in
subdivision A of section five and in section ten of article eight of the
state constitution and for the purposes of (1) paragraph one-a of
section 136.00 of this chapter, (2) section two hundred thirty-three of
the county law, (3) any general or special law applicable to counties,
cities and villages which relates to the raising of taxes on real estate
to provide for the payment of the interest on and the principal of
indebtedness, and (4) all laws relating to the financial reports, debt
statements and real estate tax margin computations of such
municipalities. The chief fiscal officer of any municipality issuing or
renewing such bond anticipation notes shall immediately after the
issuance or renewal thereof notify the state comptroller of such
issuance or renewal. The state comptroller may prescribe the form of any
such notice and shall furnish such forms to municipalities for the
purpose of making any such report.

5. Capital notes may not be issued to finance any object or purpose
for which serial bonds are authorized to be issued pursuant to this
paragraph. The provisions of this paragraph shall not affect the power
of any municipality described in paragraph a of this section to finance
all or part of any such extraordinary expenses pursuant to the
provisions of section 29.00 of this title and paragraph c of this
section.

6. Section 104.10 of this chapter shall not be applicable in relation
to, or as the result of, the adoption of a bond resolution authorizing
the issuance of serial bonds pursuant to this paragraph. The provisions
of section 10.00, paragraph a of section 21.00 and any other section of
this chapter, or the provisions of any general, special or local law,
which would restrict, limit or prohibit the issuance of such bonds
(except those enacted to conform with the state constitution) are, to
the extent that this section is utilized by a municipality, suspended
and made ineffective in so far as necessary to effectuate the purposes
of this section; provided, however, that this paragraph shall not apply
to a city having a population of over one million inhabitants, if the
legislature at the request of such city enacts a law at the one hundred
eighty-fourth annual session of the legislature amending the
administrative code of such city in relation to facilitating payment of
certain unusual snow and ice removal expenses of the city incurred in
its current fiscal year nineteen hundred sixty--nineteen hundred
sixty-one.

c. The financing of snow and ice removal expenses by the issuance of
budget notes. 1. If any municipality described in paragraph a of this
section has heretofore issued budget notes pursuant to the provisions of
subdivision two of paragraph a of section 29.00 of this title to provide
for the payment of extraordinary expenses of snow and ice removal, as

defined in this section, the finance board, by resolution, may determine
that such notes shall be deemed to have been issued pursuant to the
provisions of subdivision one of paragraph a of such section and that
such notes so issued shall not thereafter be considered in determining
the power of such municipality to issue budget notes pursuant to such
subdivision two.

2. If any municipality described in paragraph a of this section has
heretofore issued budget notes pursuant to the provisions of subdivision
one or two of paragraph a, or paragraph b, of section 29.00 of this
title, to provide for the payment of extraordinary expenses of snow and
ice removal, as defined in this section, the finance board may determine
that the provisions of paragraph j of such section shall not be
applicable in relation to the maturity of such notes and (a) that such
notes shall mature in equal annual installments in two different fiscal
years, but the final maturity of such notes shall not extend beyond the
close of the second fiscal year immediately succeeding the year of their
issue, or (b) if the fiscal procedures applicable to such municipality
will enable the necessary budgetary appropriations for debt service to
be made and such appropriations to become available, that such notes
shall mature in three equal annual installments in three different
fiscal years, but the final maturity of any such notes shall not exceed
three years in accordance with the provisions of paragraph a of section
11.00 of this chapter which prescribes a period of probable usefulness
of three years for objects or purposes financed by the issuance of
budget notes. Such budget notes which mature in three equal annual
installments, as aforesaid, shall, for the purpose of determining the
power of the issuer to contract indebtedness and to raise taxes on real
estate, be deemed to be serial bonds of an issue having a maximum
maturity of more than two years as described in subdivision A of section
five and in section ten of article eight of the state constitution and
for the purposes of (1) paragraph one-a of section 136.00 of this
chapter, (2) section two hundred thirty-three of the county law, (3) any
general or special law applicable to counties, cities and villages which
relates to the raising of taxes on real estate to provide for the
payment of the interest on and the principal of indebtedness, and (4)
all laws relating to financial reports, debt statements and real estate
tax margin computations of such municipalities. If the finance board
determines that such budget notes shall mature in three equal annual
installments, as aforesaid, the chief fiscal officer of such
municipality immediately after the adoption of the resolution making
such determination shall file a copy of the resolution with the state
comptroller and shall immediately after the issuance or renewal of such
notes notify the state comptroller of such issuance or renewal. The
state comptroller may prescribe the form of any such notice and shall
furnish such forms to municipalities for the purpose of making any such
report.

3. Notwithstanding any of the provisions of section 29.00 of this
title, the finance board of a municipality described in paragraph a of
this section may authorize the issuance of budget notes pursuant to
subdivision one of paragraph a, or paragraph b, of such section 29.00 to
provide for the payment of all or part of the extraordinary expenses of
snow and ice removal, as defined in this section, to reimburse any fund
or account of the municipality from which monies to pay such
extraordinary expenses have been advanced or to replenish any fund or
account of the municipality from which such extraordinary expenses have
been paid, or any combination of such purposes, notwithstanding that
there may have been lack of statutory authority for any such advance or
payment from such fund or account. The finance board may determine that

such notes may mature in the manner provided in paragraph j of section
29.00, or, if the fiscal procedures applicable to such municipality will
enable the necessary budgetary appropriations for debt service to be
made and such appropriations to become available, that such notes shall
mature in two equal annual installments in two different fiscal years,
but the final maturity of such notes shall not extend beyond the close
of the second fiscal year immediately succeeding the year of their
issue.

4. If a municipality which had a calendar fiscal year which commenced
on the first day of January, two thousand two, issued budget notes in
such year pursuant to the provisions of section 29.00 of this title to
finance the payment of expenses of removal of snow and ice in such
fiscal year and if such budget notes, under the provisions of paragraph
j of such section, could not be renewed after the close of its fiscal
year which would end in the year two thousand three, then and in such
event the finance board of such municipality may determine that the
provisions of paragraph j of such section shall not be applicable in
relation to the maturity of such notes and that such notes shall mature
in equal annual installments in the years two thousand three and two
thousand four.

5. If a municipality which had a calendar fiscal year which commenced
on the first day of January, two thousand two, authorized the issuance
of budget notes in such year pursuant to the provisions of section 29.00
of this chapter to finance the payment of expenses of removal of snow
and ice in such year and if such notes were not issued in the year two
thousand two, but were or are to be issued in the year two thousand
three, and if such budget notes, under the provisions of paragraph j of
such section, could not be renewed after the close of its fiscal year
which would end in the year two thousand four, then and in any such
event the finance board of such municipality may determine that the
provisions of paragraph j of such section shall not be applicable in
relation to the maturity of such notes and that such notes shall mature
in equal annual installments in the years two thousand four and two
thousand five.

6. Any resolution of a finance board of a municipality making a
determination pursuant to subdivision one, two, three, four or five of
this paragraph may be adopted by a majority vote of the finance board,
notwithstanding the provisions of paragraph d of section 40.00 of this
chapter.

7. The provisions of subdivision four of paragraph c of section 40.00
and of any other section of this chapter and the provisions of any
general, special or local law which would restrict, limit or prohibit
the renewal of budget notes as provided in this paragraph (except those
enacted to conform with the state constitution) are, to the extent that
this section is utilized by a municipality, suspended and made
ineffective in so far as necessary to effectuate the objects and
purposes of this section.

d. Separability. If any clause, sentence, subdivision, paragraph, or
part of this section be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, subdivision, paragraph, or part thereof directly involved in
the controversy in which such judgment shall have been rendered.