Section 136.00. Statement of total debt; deductions from gross indebtedness  


Latest version.
  • The debt statement of a municipality, school district in a city or  fire
      district  setting  forth  its  total  net  indebtedness  may contain the
      following items  of  deduction  for  the  purpose  of  showing  the  net
      indebtedness of such municipality, school district or fire district:
        1.  Tax  and  other  revenue  anticipation  obligations. The amount of
      outstanding indebtedness represented by obligations issued in any fiscal
      year in anticipation of
        (a) The collection of taxes or assessments on real estate for  amounts
      theretofore actually levied and uncollected or to be levied in such year
      and payable out of such taxes or assessments,
        (b)  Money  receivable  from  the  state  which  has  theretofore been
      apportioned by the state or which is to be  so  apportioned  within  one
      year after their issue, and
        (c) The collection of any other taxes due and payable or to become due
      and  payable  within  one  year  after their issue or of other revenues,
      including the receipt of moneys for any urban renewal  project  or  part
      thereof  (1)  from  the  sale of real property, or any interest therein,
      acquired for or incidental to an urban renewal project; or (2) from  the
      United  States  government  pursuant  to title one of the housing act of
      nineteen hundred forty-nine as amended; or (3) from  the  state  of  New
      York  for  urban renewal purposes pursuant to the general municipal law,
      to be received within one year after their issue;
        except any such obligations or renewals thereof, which are not retired
      within five years after their date of original issue.
        1-a. Obligations issued  for  other  than  capital  improvements.  The
      amount  of  outstanding  indebtedness  evidenced  by obligations (except
      serial bonds of an issue having a maximum  maturity  of  more  than  two
      years)  issued  for  objects  or  purposes  other  than the financing of
      capital improvements and contracted to be redeemed in  one  of  the  two
      fiscal years immediately succeeding the year of their issue.
        2. Water indebtedness. In the case of a municipality or fire district,
      the  amount  of  outstanding  indebtedness contracted to provide for the
      supply of water.
        3. Indebtedness contracted for self-liquidating projects. (a)  In  the
      case   of  a  municipality,  the  amount  of  outstanding  indebtedness,
      contracted for a public improvement or part thereof, or  service,  owned
      or  rendered  by  such municipality, which has been excluded pursuant to
      section 123.00 of this chapter. (b) In the case of a  city,  village  or
      town,  the  amount of outstanding indebtedness, contracted by a district
      corporation, as the term "district corporation" is defined in  paragraph
      a of section 102.00 of this chapter, if such indebtedness was contracted
      for  a public improvement or part thereof, or service, owned or rendered
      by such district  corporation,  which  has  been  excluded  pursuant  to
      section 123.00 of this chapter. (c) In the case of a county or town, the
      amount  of outstanding indebtedness, contracted by any such municipality
      on behalf of an improvement district for a public  improvement  or  part
      thereof,  or service, owned or rendered by such district, which has been
      excluded pursuant to section 123.00 of this chapter.
        3-a. Indebtedness arising from the amounts to become due  pursuant  to
      contracts for the construction of buildings or other public improvements
      entered  into by the state commissioner of general services as agent for
      a county or a city pursuant to chapter one hundred fifty-two of the laws
      of nineteen hundred sixty-four or chapter three  hundred  fifty-four  of
      the  laws  of  nineteen hundred sixty-three, if the amounts which are to
      become due pursuant to such contracts are payable in the first  instance
      from  appropriations  made  by  the  state  for such purposes subject to
    
      reimbursement of the state by such county or city from the  proceeds  of
      the sale of obligations issued by such county or city.
        3-b.  Indebtedness  arising  from  the amounts due or to become due as
      rental payments pursuant to a lease or sublease  between  the  New  York
      state housing finance agency and a municipality, which lease or sublease
      provides    for    the    acquisition,   construction,   reconstruction,
      rehabilitation or improvement of a health facility  by  the  health  and
      mental  hygiene  facilities  improvement  corporation  and the financing
      thereof by the New York state housing finance  agency  pursuant  to  the
      provisions  of  the health and mental hygiene facilities improvement act
      and section forty-seven-d of the private housing finance law.
        3-c. Indebtedness arising from the amounts due or  to  become  due  as
      rental  payments  pursuant  to  a lease or sublease between the New York
      state medical care facilities finance agency and a  municipality,  which
      lease   or   sublease   provides   for  the  acquisition,  construction,
      reconstruction, rehabilitation or improvement of a  health  facility  by
      the health and mental hygiene facilities improvement corporation and the
      financing  thereof by the New York state medical care facilities finance
      agency pursuant to the provisions  of  the  health  and  mental  hygiene
      facilities   improvement  act  and  the  New  York  state  medical  care
      facilities finance agency act.
        4. Bonds for pensions. In the case of a municipality,  the  amount  of
      outstanding  indebtedness represented by bonds issued in accordance with
      section 124.00 of this chapter to place a pension or  retirement  system
      or fund on a solvent basis.
        4-a.   Indebtedness   for   sewage   facilities.  In  the  case  of  a
      municipality, the amount of outstanding indebtedness  contracted  on  or
      after  January  first,  nineteen hundred sixty-two, and prior to January
      first, two thousand fourteen, for the construction or reconstruction  of
      facilities  for  the  conveyance,  treatment and disposal of sewage. The
      amount of such indebtedness to be deducted shall be ascertained pursuant
      to section 124.10 of this chapter.
        5. Assessable improvements. The  amount  of  outstanding  indebtedness
      contracted  by the cities of Buffalo, Rochester and Syracuse for so much
      of the cost and expense of any public improvement, as may be required by
      the ordinance or local law assessing the same to be raised by assessment
      upon local property or territory, to the extent  that  such  outstanding
      indebtedness,  together  with  other  indebtedness  initially contracted
      therefor from  time  to  time  after  January  first,  nineteen  hundred
      twenty-eight, and since retired aggregates, in the case of the cities of
      Buffalo  and  Rochester,  a sum not exceeding ten million dollars and in
      the case of the city of Syracuse,  a  sum  not  exceeding  five  million
      dollars.  Any  indebtedness  thereafter  contracted for such purposes in
      excess  of  such  sums  shall  not  be  so  deducted.  Nothing  in  this
      subdivision  shall be construed to prevent the deduction of any refunded
      indebtedness if the indebtedness refunded  was  deductible  pursuant  to
      this subdivision.
        6. Indebtedness of a county wholly included within or coterminous with
      a city. In the case of a city, the amount of outstanding indebtedness of
      a  county  wholly included within such city or which is coterminous with
      such city.
        7. In the case of the city of New York:
        (b) Indebtedness for self-liquidating dock facilities. The  amount  of
      outstanding  indebtedness contracted by the city, prior to the first day
      of January, nineteen hundred ten, for dock purposes  proportionately  to
      the  extent  to  which  the  current  net  revenues received by the city
      therefrom shall meet the interest on and the annual requirements for the
      amortization of such indebtedness. The amount of such indebtedness to be
    
      deducted shall  be  ascertained  pursuant  to  section  125.00  of  this
      chapter.
        (c)  Indebtedness  of  the  independent  subway  system. The amount of
      outstanding  indebtedness  contracted  after  January  first,   nineteen
      hundred twenty-eight, for the construction or equipment, or both, of new
      rapid  transit  railroads  provided, however, that when the total of the
      indebtedness initially contracted from time  to  time  after  such  date
      finally  aggregates the sum of three hundred million dollars, regardless
      of whether or not any part thereof  has  been  previously  retired,  any
      indebtedness  thereafter  contracted  for  such  purposes  shall  not be
      deducted. Nothing in this subdivision shall be construed to prevent  the
      deduction  of any refunded indebtedness if the indebtedness refunded was
      deductible pursuant to this subdivision.
        (d) Indebtedness for  transit  unification  purposes.  The  amount  of
      outstanding  indebtedness  contracted by the city for the acquisition of
      railroads and facilities or properties used in connection  therewith  or
      rights  therein  or  securities  of  corporations owning such railroads,
      facilities or rights, provided, however, that  when  the  total  of  the
      indebtedness initially contracted from time to time by the city for such
      purposes  finally  aggregates  the  sum of three hundred fifteen million
      dollars, regardless  of  whether  or  not  any  part  thereof  has  been
      previously  retired,  any  indebtedness  thereafter  contracted for such
      purposes shall not be deducted. Nothing in  this  subdivision  shall  be
      construed  to  prevent the deduction of any refunded indebtedness if the
      indebtedness refunded was deductible pursuant to this subdivision.
        (e) Rapid transit indebtedness  excluded  prior  to  nineteen  hundred
      thirty-nine. The amount of outstanding indebtedness contracted for rapid
      transit  purposes  which  indebtedness  was excluded in ascertaining the
      power of the city to become indebted by order of the appellate  division
      of the supreme court, first judicial department, prior to January first,
      nineteen hundred thirty-nine.
        (f)  Indebtedness  for self-liquidating transit facilities. The amount
      of outstanding indebtedness contracted by the city for transit purposes,
      and not otherwise deducted, proportionately to the extent to  which  the
      current  net  revenue  received  by the city from its transit facilities
      shall meet the interest and the annual requirements for the amortization
      and payment of  such  non-deducted  indebtedness.  The  amount  of  such
      indebtedness  to  be  deducted  shall be ascertained pursuant to section
      125.00 of this chapter.
        (g) Indebtedness for hospital  purposes.  The  amount  of  outstanding
      indebtedness contracted after January first, nineteen hundred fifty, for
      the  construction,  reconstruction  and  equipment  of  city  hospitals,
      provided, however, that when the total  of  the  indebtedness  initially
      contracted  from time to time after such date finally aggregates the sum
      of one hundred fifty million dollars, regardless of whether or  not  any
      part  thereof  has  been previously retired, any indebtedness thereafter
      contracted for such purposes shall not  be  deducted.  Nothing  in  this
      subdivision  shall be construed to prevent the deduction of any refunded
      indebtedness if the indebtedness refunded  was  deductible  pursuant  to
      this subdivision.
        (h)   Indebtedness   for   rapid  transit  railroads.  The  amount  of
      outstanding  indebtedness  contracted  after  January  first,   nineteen
      hundred  fifty-two,  for  the  construction  and  equipment of new rapid
      transit railroads, including extensions and  interconnections  with  and
      between  existing  rapid  transit  railroads  or  portions  thereof, and
      reconstruction  and  equipment  of  existing  rapid  transit  railroads,
      provided,  however,  that  when  the total of the indebtedness initially
      contracted from time to time after such date finally aggregates the  sum
    
      of  five  hundred million dollars, regardless of whether or not any part
      thereof  has  been  previously  retired,  any  indebtedness   thereafter
      contracted  for  such  purposes  shall  not be deducted. Nothing in this
      subdivision  shall be construed to prevent the deduction of any refunded
      indebtedness if the indebtedness refunded  was  deductible  pursuant  to
      this subdivision.
        (i)   Indebtedness   for   certain  school  purposes.  The  amount  of
      outstanding indebtedness contracted for school  purposes,  evidenced  by
      bonds,  to  the  extent  to  which  state  aid  for  common schools, not
      exceeding two million five hundred  thousand  dollars,  shall  meet  the
      interest on and the annual requirements for the amortization and payment
      of  all  or part of one or more issues of such bonds. The amount of such
      indebtedness to be deducted in any fiscal year  of  the  city  shall  be
      ascertained pursuant to section 126.00 of this chapter.
        8.  Indebtedness  of  a  city or a village having a population of five
      thousand or more for housing or urban renewal. In the case of a city  or
      a  village having a population of five thousand or more as determined by
      the last federal census, the amount of outstanding indebtedness of  such
      city or village
        (a)  On account of any contract for capital or periodic subsidies to a
      housing authority to be paid subsequent to the then current year.
        (b) Arising from a guarantee of the principal of and  interest  on  or
      only the interest on indebtedness contracted by a housing authority.
        (c)  Represented  by  the unpaid balance of a loan from the state to a
      housing authority acting as an instrumentality of such city or village.
        (d) Arising from the effectuating of any of the  purposes  of  article
      eighteen  of  the  state  constitution by any means other than those set
      forth in items (a), (b) and (c) of this subdivision.
        The amount of indebtedness that may be deducted pursuant to items  (a)
      and  (b)  of  this  subdivision shall be ascertained pursuant to section
      143.00 of this chapter.
        8-a. The provisions of paragraph (d)  of  subdivision  eight  of  this
      section  shall  not  apply  to indebtedness for housing or urban renewal
      purposes to which the provisions of sections 150.00 and 151.00  of  this
      chapter  are  inapplicable  under  the  terms  of paragraph d of section
      150.00 and paragraph g of section 151.00 of this chapter.
        9. Subsidies or guarantees by a town or a village having a  population
      of  less  than five thousand for housing purposes. In the case of a town
      or a  village  having  a  population  of  less  than  five  thousand  as
      determined  by  the  last  federal  census,  the  amount  of outstanding
      indebtedness arising:
        (a) From a guarantee of the payment of the principal of  and  interest
      on  or  only the interest on the indebtedness of a housing authority, or
      from the unpaid balance of a loan by the state to  a  housing  authority
      acting as an instrumentality of such town or village, or
        (b)  From  a  contract  for  a  periodic subsidy to such an authority,
      whichever amount is smaller, provided that in the case  of  a  guarantee
      and  subsidy  there  is  a  contractual obligation to apply the sums due
      under such subsidy to the payment of all or part of the debt service  so
      guaranteed  and  that in the case of a state loan and subsidy there is a
      contractual obligation to apply the sums due under such subsidy  to  the
      payment  of  all  or  part  of  the  debt  service  of  such  loan.  The
      indebtedness on account of a subsidy and the indebtedness arising from a
      guarantee shall be  ascertained  pursuant  to  section  143.00  of  this
      chapter.
        10.  Assets  of  sinking funds. Outstanding indebtedness not otherwise
      deducted pursuant to this section, to the extent to which there  may  be
      applied against such indebtedness the assets of sinking funds, inclusive
    
      of  cash  therein  and  current budgetary appropriations thereto not yet
      realized as cash. The securities in such sinking funds shall  be  valued
      at not to exceed par.
        10-a.   Refunded   bonds.   Outstanding  indebtedness,  not  otherwise
      deducted, evidenced by bonds to be  refunded,  provided  that  provision
      shall  have  been made pursuant to section 90.10 of this chapter for the
      payment in full, from the proceeds from the sale of refunding  bonds  or
      ascertainable  income  from investments or both, of all principal of and
      interest  on  such  bonds  to  be  refunded,  including  all  redemption
      premiums, as the same respectively become due and payable.
        10-b. Certain refunding bonds. Outstanding indebtedness, not otherwise
      deducted,  evidenced  by  any  separate series of refunding bonds issued
      pursuant to section 90.10 of this chapter, provided that provision shall
      have been made pursuant to such section for the payment  in  full,  from
      ascertainable  income from investments, of all principal of and interest
      on such separate series of refunding bonds,  as  the  same  respectively
      become due and payable.
        11.  Cash  on  hand  for debts. Outstanding indebtedness not otherwise
      deducted pursuant to this section, to the extent to which there  may  be
      applied  against such indebtedness cash on hand, other than in a sinking
      fund.
        12. Appropriations. Outstanding indebtedness  not  otherwise  deducted
      pursuant  to  this  section, to the extent to which there may be applied
      against such indebtedness current budgetary appropriations,  other  than
      to a sinking fund, which have not yet been realized as cash.
        13.  School  indebtedness  of  certain  cities.  In the case of a city
      having less than one hundred twenty-five thousand inhabitants  according
      to  the  latest  federal census, the several amounts of outstanding city
      indebtedness for education purposes allocated to a city school  district
      by the state comptroller.