Section 229. Financing of town's share of cost  


Latest version.
  • 1. Notwithstanding the
      provisions of any other law, a town may appropriate and spend  money  to
      pay its share of the cost of an approved project.
        2.  Moneys  for the town's share of the cost shall be raised by tax on
      taxable real property  in  the  town  outside  villages  in  the  manner
      provided  in  section  one hundred fifteen of the town law. In addition,
      unexpended balances of appropriations for the town's share of  the  cost
      of  an  approved project, moneys available for the purposes specified in
      subdivision one of section one hundred forty-one  of  the  highway  law,
      state aid received by a town for the town outside village areas pursuant
      to section fifty-four of the state finance law and money received by the
      town under the state and local fiscal assistance act of nineteen hundred
      seventy-two,  and  moneys  received  by  the  town  from  the county for
      projects pursuant to this article, also may  be  used  to  pay  for  the
      town's  share,  or  portion  thereof,  provided,  however, that under no
      circumstances shall state aid  paid  to  the  town  in  any  year  under
      sections  two  hundred  seventy-nine, two hundred eighty and two hundred
      eighty-two of the highway law, or money raised, or made available by the
      town in any year to entitle it to receive such state aid, be used to pay
      for such share. If a town receives money from a county for a project for
      which the town's share has already been raised by tax  on  taxable  real
      property  in  accordance  with  this  section, such county moneys may be
      applied to such project and  the  moneys  raised  by  the  town  through
      taxation  shall  be  considered unexpended and may be applied to pay the
      town's share of the cost of other projects undertaken pursuant  to  this
      article in a future year.
        3.  If  balances  of appropriations for a project pursuant to sections
      two hundred  twenty-two  and  two  hundred  twenty-three  hereof  remain
      unexpended,  such balances, may be used either for purposes specified in
      subdivision one of section one hundred forty-one of the highway law  and
      pursuant  to  an  agreement  executed  pursuant  to  section two hundred
      eighty-four of such law or to pay for the town's share of the cost of an
      approved project.
        4. Nothing hereinabove contained shall prevent the application of  the
      proceeds  of  non-property  taxes  allocated  to  the town, which are in
      excess of the amount required to be used  to  reduce  county  taxes  and
      general town taxes, to the reduction of taxes to meet appropriations for
      the town's share of an approved project, as provided in subdivisions (c)
      and  (d)  of section twelve hundred sixty-two of the tax law relative to
      the reduction of taxes levied for part-town activities.