N.Y. City of Troy Issuance of Serial Bonds Law § 8-b

Current through 2024 NY Law Chapter 456
Section 8-b - Certain taxes collected by the city of Troy on behalf of the county of Rensselaer
(a) As long as the municipal assistance corporation for the city of Troy shall exist, the county of Rensselaer shall have a statutory first lien upon all monies paid as or on account of taxes or assessments on real property collected by the city of Troy on behalf of such county. Such lien shall not require any segregation of funds, physical delivery or any other action, filing or agreement in order to evidence, perfect, or preserve its priority and shall be valid, binding, and perfected as against all parties, with or without notice thereof, having claims of any kind in tort, contract or otherwise against such city.
(b) In addition to amounts retained in the general debt service fund pursuant to section eight-a of this act for the payment of debt service, monies in the fund constituting real property taxes or assessments collected on behalf of the county of Rensselaer shall be retained in the fund until paid to the county in accordance with the following procedure: not less than five business days prior to the date required by the real property tax law, the charter of the city, or an agreement between the city and the county for the payment to the county of real property taxes and assessments collected on behalf of the county and deposited pursuant to subdivision (b) of section eight-a of this act, the city shall certify to the comptroller the amount of the payment due and owing to the county.

On the date such payment is due, the comptroller shall pay to such county:

(i) the amount certified as due and owing to the county, or
(ii) in the event no such certification has been made by the city, an amount equal to the payment which was due for the equivalent period one year prior to the date for which no certification was made. In such event, upon subsequent certification by the city, not less than five business days following the date of such certification, the county shall pay to the comptroller for deposit into the general debt service fund the positive remainder, if any, resulting when the amount certified as due and owing to the county is deducted from the amount paid to the county pursuant to this paragraph or, the comptroller shall pay to such county the balance of such payment due and owing to the county.

No certification by the city shall be deemed conclusive and binding upon the county.

(c) Failure by the city to provide the comptroller with any certification required by this section or by section eight-a of this act shall, except in extraordinary circumstances determined by the comptroller and for not more than sixty days, preclude the comptroller from releasing any amounts in the fund which may be available to the city, after amounts retained for debt service and amounts paid to the county pursuant to the provisions of subdivision (b) of this section, pursuant to such section eight-a, until such certification is provided.
(d) Nothing in this section or in section eight-a of this act shall be deemed to affect any right of the county of Rensselaer to receive interest from the city of Troy related to any payments of or on account of taxes or assessments on real property collected by such city on behalf of such county and not remitted to the county when due.
(e) Nothing in this section or in section eight-a of this act shall be deemed to alter, modify, amend, change or supersede any term, provision or condition of any agreement between the city and the county for the collection of real property taxes.

N.Y. City of Troy Issuance of Serial Bonds Law § 8-b