Section 15-2129. Financing  


Latest version.
  • 1. After the cost of any improvement made or to be made under title 21
      of  this  article has been apportioned among the public corporations and
      parcels of real estate benefited  as  herein  provided  and  after  such
      apportionment  has  been  assessed  upon  such  public  corporations and
      parcels of real estate, the board may  finance  the  cost  of  any  such
      improvement pursuant to the Local Finance Law. Any bonds issued for such
      purposes shall not be construed in any event as bonds or indebtedness of
      the  state, and the state shall not be obligated to pay the principal or
      interest therefor. Such bonds shall be lawful investments  for  trustees
      and  savings  banks  of  the state and for any of the funds of the state
      which by law may be invested.
        2. The  board  shall  annually  include  in  the  installment  of  the
      assessment  to be collected in that year a sum sufficient to provide for
      the payment of the principal of and interest on obligations  issued  for
      such purposes and maturing in that year.
        3.  The proceeds of the sale of obligations issued for the purposes of
      title 21 of this article, together with all other revenues of the  board
      from  whatever  source  derived,  shall be deposited in such national or
      state bank or banks or trust company or trust  companies  at  Albany  or
      within  the  regulating  district as are approved by the Comptroller and
      the board, subject, however, to the provisions of section 165.00 of  the
      Local Finance Law. Before any such deposit is made the Comptroller shall
      require  from  any  such bank or trust company security for repayment of
      the same to such board or to the Comptroller upon demand for  the  money
      so  deposited in the manner provided in section 106 of the State Finance
      Law. All moneys received by the board under the provisions of  title  21
      of  this  article,  except  from  assessments  levied to pay the cost of
      construction, shall constitute a fund to be known as the "general  fund"
      of the district.
        4.  All  moneys  received  from  assessments levied to pay the cost of
      construction, together with such part of any  surplus  in  the  "general
      fund"   as  shall  be  determined  by  the  board  over  and  above  the
      requirements for the construction,  maintenance  and  operation  of  the
      reservoir,  including  the  amount raised for a reasonable return to the
      state, shall constitute a separate  fund,  to  be  known  as  the  "debt
      service  fund,"  the  moneys in which shall be applied to the payment of
      principal of and interest on obligations  issued  for  the  purposes  of
      title  21 of this article, except when the total cost of construction is
      paid without the issuance of  obligations,  in  which  case  the  moneys
      applicable   thereto   shall  be  paid  into  the  "general  fund."  Any
      installment or installments of the assessment which shall become payable
      before  any  obligations  have  been  issued,  shall  be  paid  by   the
      Comptroller  into  the  "general fund" and applied to the payment of the
      cost of construction. The Comptroller is authorized and directed to  pay
      from   the  "debt  service  fund"  the  principal  of  and  interest  on
      obligations issued for the purposes of title 21 of this article.
        5. All moneys in said "debt service fund"  shall  be  applied  by  the
      Comptroller  to  the  payment  of  the principal of and interest on such
      obligations, except as aforesaid, and to the purchase of the same in the
      open market when possible and while awaiting such purchase  such  excess
      shall  be  invested  or  kept  at interest in the same manner as sinking
      funds of the state of like nature are invested. If any moneys remain  in
      the "debt service fund" after all outstanding obligations have been paid
      up  and  redeemed, such moneys shall be paid into the "general fund" and
      may be used to pay the expenses of maintenance and operation  and  other
      expenses.
    
        6.  The board may invest and reinvest any moneys of the "general fund"
      which are not required to be deposited in accordance with the provisions
      of section 165.00 of the Local Finance Law. Any such investment shall be
      made only in obligations of the federal government and the State of  New
      York,  and  in certificates of deposit of banks or trust companies or in
      bank or trust accounts of banks in this state, secured by obligations of
      the United States of America or of the state of New  York  of  a  market
      value  equal  at  all  times  to  the amount of the deposit and with the
      approval of the Comptroller. The board  may  sell  and  dispose  of  any
      securities  purchased  for  investment pursuant to this paragraph at any
      time with the consent of the Comptroller, and the proceeds thereof shall
      be paid to the Comptroller and deposited in the "general fund."
        7. Any obligations purchased for investment pursuant to  this  section
      shall  be  delivered  by  the seller to the Comptroller who shall be the
      custodian thereof until the same are sold or otherwise disposed of.  The
      Comptroller also shall  collect  the  income  of  such  investments  and
      deposit  such  income in the "general fund." Except that certificates of
      deposit purchased for the  Black  river  regulating  district  shall  be
      retained  in  the  office of the said Black river regulating district at
      Watertown, New York and a statement shall be filed with the  Comptroller
      listing  such  certificate  or  certificates,  the  amount  thereof, the
      interest due and payable thereon, the mateurity date thereof, the issuer
      of such certificate and such other information as shall be  required  by
      the Comptroller.
        8.  All payments from the "general fund" of the district shall be made
      by requisition of the board signed by the board or  by  the  officer  or
      officers thereof authorized by it so to do and audited and countersigned
      by the Comptroller.
        9.  The  board  shall  keep in suitable books a complete record of its
      financial transactions, and the books shall be audited from time to time
      by the Comptroller.