2020 New York Laws
LFN - Local Finance
Article 2 - Local Indebtedness
Title 9 - Procedures Relating to the Ascertainment of Amounts to Be Included or Excluded in Ascertaining Debt-Contracting Power
120.00 - Indebtedness of Certain District Corporations; Amount Thereof Included as Indebtedness of Municipalities.

Universal Citation: NY Loc Fin L § 120.00 (2020)
§ 120.00 Indebtedness of certain district corporations; amount thereof
included as indebtedness of municipalities.  a. As used in this section:
  1.  The term "assessment roll" shall mean the assessment roll used for
the annual county, city, town or village taxes, as the case may be.
  2. The term "city, village or town affected" shall mean  any  city  or
village  within  which  or  any  town  within the unincorporated area of
which, all or part of a district corporation, as defined in paragraph  a
of section 102.00 of this chapter, is situated.
  3. The term "net indebtedness" shall mean any outstanding indebtedness
contracted  by  a  district  corporation,  as  defined in paragraph a of
section 102.00 of this chapter, on  or  after  January  first,  nineteen
hundred  thirty-nine, other than an indebtedness which, if contracted by
a city, town or village, would be excluded in ascertaining the power  of
such city, town or village to contract indebtedness.
  4.  The  term "taxable real property" shall mean real property subject
to taxation for any purpose by the city, town or village within which it
is situated.
  b. If a district corporation, as defined in  paragraph  a  of  section
102.00 of this chapter, is situated wholly within a city, village or the
unincorporated  area  of a town, in ascertaining the power of such city,
town or village to contract indebtedness there shall be included the net
indebtedness of such district corporation.
  c. If only part of a district corporation, as defined in  paragraph  a
of section 102.00 of this chapter, is situated within a city, village or
the  unincorporated  area  of  a town, in ascertaining the power of such
city, town or village to contract indebtedness there shall  be  included
the  appropriate  proportion  of  the  net indebtedness of such district
corporation. The amount of net indebtedness to be so included  shall  be
annually determined in the following manner:
  1.  If  such  district  corporation  is  situated  wholly  within  the
boundaries of a town, or is situated wholly within the boundaries  of  a
county  for  which  a  county assessment roll is prepared, such district
corporation, by  its  finance  board,  shall  ascertain  from  the  last
completed assessment roll of such town or county:

(a) The assessed valuation of the taxable real property within such district corporation and

(b) The assessed valuation of the taxable real property within such district corporation situated in each such city, town or village affected. The proportion of the net indebtedness to be included in ascertaining the power of each such city, town or village affected to contract indebtedness shall be determined by multiplying the amount of such net indebtedness of such district corporation by the percentage or ratio the assessed valuation of the taxable real property of such district corporation situated in each such city, town or village affected bears to the assessed valuation of all the taxable real property within such district corporation. 2. If such district corporation is not situated wholly within the boundaries of a town, or a county for which a county assessment roll is prepared, such district corporation, by its finance board, shall

(a) Ascertain from the last completed assessment roll of such cities or towns within which such district corporation is situated a statement of the assessed valuation of the taxable real property within such district corporation located in each such city, town or village affected.

(b) Procure from the appropriate state officer or agency a statement of the ratios of the assessed valuation to the true valuation established by such officer or agency for the last completed assessment roll of such cities or towns.

(c) Determine the full valuation of the taxable real property within such district corporation situated in each such city, town or village affected by dividing the assessed valuation of such real property by the ratio fixed for the city or town in which such taxable real property is situated. The total full value of the taxable real property within the entire district corporation shall be ascertained by adding together the full value of the taxable real property within the district corporation situated in each city, town or village affected.

(d) Ascertain the proportion of net indebtedness to be included in ascertaining the power of each such city, town or village affected to contract indebtedness by multiplying the amount of such net indebtedness of such district corporation by the percentage or ratio the full value of the taxable real property within such district corporation situated in such city, town or village affected bears to the total full value of the taxable real property within the entire district corporation. d. Immediately after the close of a fiscal year of a district corporation, as defined in paragraph a of section 102.00 of this chapter, its finance board shall determine the net indebtedness of such district corporation and shall file with the chief fiscal officer of each city, town or village affected a written certificate setting forth the amount of such net indebtedness to be included, pursuant to this section, in ascertaining the power of such city, town or village to contract indebtedness.

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