Section 70.00. Fiscal agent  


Latest version.
  • a. The term "fiscal agent" as used in this
      title shall mean:
        1. In counties, the chief fiscal officer thereof, unless  the  finance
      board shall designate a different officer.
        2. In cities, the chief fiscal officer thereof.
        3. In towns and villages, the clerk thereof.
        4.  In  school  districts  and  district  corporations,  the  clerk or
      secretary or such other officer  thereof  as  the  finance  board  shall
      designate,  except  that  in  a  river  improvement or drainage district
      established  by  or  under  the  supervision  of   the   department   of
      conservation the state comptroller shall act as fiscal agent. However, a
      finance board on behalf of any municipality, school district or district
      corporation,  or  in  the  case of the city of New York the chief fiscal
      officer thereof, may contract from time to time, with any bank or  banks
      or  trust  company  or  trust  companies  located  and  authorized to do
      business in this state for the purpose of  having  such  bank  or  trust
      company  act,  in  connection  with all its obligations, or any specific
      issue or issues of its obligations, or any specific type or types of its
      obligations, as the fiscal agent for such municipality, school  district
      or  district corporation, including the maintenance of an office for the
      registration, conversion, reconversion and transfer of bonds and  notes,
      the  preparation  and  substitution  of new bonds and notes, and for the
      payment of the principal thereof, redemption premium, if  any,  interest
      thereon,  and  for  related  services,  and  for  the  payment  by  such
      municipality, school district or district corporation  of  a  reasonable
      compensation  to  any  such bank or trust company for the services to be
      performed by it pursuant to  such  contract.  Any  such  bank  or  trust
      company  shall  be  responsible  to the municipality, school district or
      district corporation for the faithful and safe conduct of  the  services
      to be performed by it as such fiscal agent, or services related thereto;
      for  the  fidelity and integrity of the officers and agents of such bank
      or trust company performing the duties of a fiscal  agent,  or  services
      related  thereto;  and  for all loss or damage which may result from any
      failure of such officers or agents to discharge their duties and for any
      improper or incorrect discharge of those  duties;  and  shall  save  the
      municipality,  school district or district corporation free and harmless
      from any and all loss  or  damage  occasioned  by  or  incurred  in  the
      performance  of  such  services. Such contracts may be terminated by the
      finance  board  of  the  municipality,  school  district   or   district
      corporation,  or  in  the  case of the city of New York the chief fiscal
      officer thereof, at any time.
        b. The fiscal agent, if not already under bond, shall execute  a  bond
      in  such  form, in such sum and with such sureties as the finance board,
      or in the case of the city of New York the chief fiscal officer thereof,
      shall direct and approve, and such approval shall be indicated upon  the
      bond.  Such  bond  shall then be filed in the office of the clerk of the
      county  in  which  the  municipality,  school   district   or   district
      corporation is located. If the municipality, school district or district
      corporation  is located in more than one county, a duplicate original of
      such bond, approved by the finance board, or in the case of the city  of
      New  York the chief fiscal officer thereof, shall be filed in the office
      of the clerk of each county in which the municipality,  school  district
      or  district  corporation  is  located, except that in a city containing
      more than one county such bond shall be filed only in the office of  the
      city  clerk.  The  expense  of  such  bond  shall  be  a charge upon the
      municipality, school district or district corporation. The provisions of
      this paragraph shall not apply to a bank or trust company which has been
      designated as  fiscal  agent  of  a  municipality,  school  district  or
    
      district  corporation  pursuant to the provisions of paragraph a of this
      section, unless the finance board of such municipality, school  district
      or  district  corporation,  or  in  the case of the city of New York the
      chief  fiscal  officer  thereof, shall by resolution determine that such
      bank or trust company shall be  required  to  furnish  a  bond  for  the
      faithful performance of its duties as fiscal agent.
        c.  No  municipality,  school district or district corporation, or any
      fiscal agent thereof, shall charge, impose, collect, or receive from the
      holder of any obligation issued pursuant  to  this  chapter,  or  issued
      pursuant  to laws in effect prior to the effective date of this chapter,
      any fee or consideration for any services required to be performed by  a
      fiscal  agent  pursuant to the provisions of this chapter.  However, the
      holder of an obligation shall bear the expense of preparing new bonds or
      coupons which he shall request to be issued pursuant to  the  provisions
      of  title  five  of this article, also the actual and necessary expenses
      for the mailing, shipping or the insuring  of  obligations  incurred  in
      connection with the rendition of services performed by a fiscal agent at
      his  request.  At  least annually every fiscal agent shall render to and
      file with the finance board of  the  municipality,  school  district  or
      district  corporation,  or in the case of the city of New York the chief
      fiscal officer thereof, for which he or  it  acts  a  statement  of  all
      moneys  received  and disbursed by such agent for the expenses mentioned
      in this paragraph. Notwithstanding  the  foregoing  provisions  of  this
      paragraph,  if  the  finance board of a municipality, school district or
      district corporation, or in the case of the city of New York  the  chief
      fiscal  officer  thereof,  shall  determine  that  it  would  be  to the
      financial advantage of the municipality,  school  district  or  district
      corporation  not  to  impose  and  collect  such  mailing,  shipping  or
      insurance charges, it may adopt a resolution directing its fiscal  agent
      not to impose and collect any or all of such charges.
        d. Notwithstanding any other provisions of law, the comptroller of the
      city   of   New  York  may  prescribe  rules  and  regulations  for  the
      registration, conversion, reconversion and transfer  of  the  bonds  and
      notes   of   the  city  of  New  York,  including  the  preparation  and
      substitution of new bonds, for the payment  of  the  principal  thereof,
      redemption  premium,  if  any,  and  interest  thereon,  and  for  other
      authorized services to be performed by such fiscal agent.
        e. Any bank  or  trust  company  acting  as  the  fiscal  agent  of  a
      municipality,  school  district  or  district  corporation  may bid for,
      purchase,  acquire,  hold,  sell  or  dispose  of  obligations  of   the
      municipality,  school district or district corporation for which it acts
      as such agent, and may enter  into  other  service  contracts  with  the
      municipality,  school district or district corporation. No bank or trust
      company acting as such fiscal agent shall print, engrave,  or  otherwise
      prepare, new bonds or coupons required in connection with the conversion
      and  reconversion of bonds as provided in title five of this article, if
      such bank or trust company acts as fiscal agent in  such  conversion  or
      reconversion.