Section 126.00. Exclusion of certain indebtedness for school purposes; New York City


Latest version.
  • a. In ascertaining the power of the  city  of  New  York  to  contract   indebtedness,   there   may   be   excluded  the  outstanding
      indebtedness contracted by such city 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 be applied by
      such city to meet the interest  and  the  annual  requirements  for  the
      amortization  and  payment  of part or all of one or more issues of such
      bonds.
        b. Such exclusion shall be effective only during a fiscal year of  the
      city  in  which its expense budget provides for the payment of such debt
      service from such state aid for common schools.
        c. At any time during a fiscal year for which the  expense  budget  of
      the  city  provides for the payment of such debt service from such state
      aid or at any time prior to such  fiscal  year  but  after  the  expense
      budget for such fiscal year has been finally adopted, an application may
      be  filed  with  the  state  comptroller for the purpose of obtaining an
      exclusion of such outstanding indebtedness. Such  application  shall  be
      made  on  behalf  of  the  city  by  its  chief  fiscal  officer  in his
      discretion, or by its chief fiscal  officer  on  the  direction  of  its
      finance  board.    The application shall be verified by the chief fiscal
      officer or finance board making the application. The  application  shall
      be  in  such  form  and  shall  contain  such  information  as  shall be
      prescribed by the state comptroller.
        d. Within five days after the filing  of  such  application  with  the
      state  comptroller,  such  chief  fiscal  officer making the application
      shall cause a notice to be published  that  such  application  has  been
      filed  with the state comptroller. Such notice shall be published in the
      official newspaper or newspapers of the  city.  The  notice  also  shall
      contain  a statement of the amount of outstanding indebtedness sought to
      be excluded and a statement of the  amount  of  state  aid  for  schools
      allocated  to  the payment of debt service. Proof of publication of such
      notice shall be filed in the office of the state comptroller. A copy  of
      the application and of all financial statements, documents, computations
      and  other  data  and  information  which will be submitted by the chief
      fiscal officer of such city to the state comptroller in support of  such
      application  shall  be  filed in the office of such chief fiscal officer
      and shall be public records.
        e. After the filing of such application, the state  comptroller  shall
      review the facts set forth therein. The state comptroller shall have the
      power  to  examine  the accounts and records of the city with respect to
      such application. He may also require the chief fiscal officer and other
      public officers, boards and  agencies  of  such  city  to  furnish  such
      additional  data  and  information  in  their  possession  as  he  deems
      necessary to enable him to make his determination.
        f. The state comptroller shall issue  a  written  certificate  setting
      forth  his  determination as to the extent to which any such outstanding
      indebtedness may be excluded. If an exclusion is allowed  by  the  state
      comptroller, such certificate shall constitute the authorization for the
      exclusion  of such amount of such indebtedness in ascertaining the power
      of  such  city  to  contract  indebtedness.  If  the  state  comptroller
      disallows  the  application, the certificate shall set forth the reasons
      for such disallowances. The determination of the state comptroller shall
      be conclusive. The certificate of the state  comptroller  shall  not  be
      issued  until  ten days after the filing of such proof of publication in
      the office of the state comptroller and shall be  issued  within  twenty
      days  after  such  filing.  The  certificate  of  the  state comptroller
      granting an exclusion shall be effective until the close of  the  fiscal
    
      year  for  which  an  application  has been filed setting forth that the
      expense budget of the city provides for the payment of debt service from
      state aid for common schools. The certificate of the  state  comptroller
      shall  be  executed  under  his  hand and seal in duplicate. One of such
      certificates shall be filed in the department of audit and  control  and
      the  other  in the office of the chief fiscal officer of such city. Both
      of such certificates shall be public records.