Section 3961. Declaration of need for financing assistance to the county  


Latest version.
  • 1.
      The county shall determine and declare whether it requests the authority
      to  undertake  a  financing  of  costs  for  the  county  or any covered
      organization. Any such request shall be made by and through  the  county
      executive after approval by the legislature. Any such financing shall be
      consistent  with  the  adopted  budget  and financial plan of the county
      required under sections thirty-nine hundred  fifty-six  and  thirty-nine
      hundred fifty-seven of this title, as applicable.
        2.  Upon  declaration by the county of such need, the county executive
      shall request that the authority provide financing  in  accordance  with
      the provisions of this title.
        3.  Upon  approval  by  the authority, in its discretion in accordance
      with the provisions of  this  title,  of  such  financing  request,  the
      authority  may  enter  into agreements with the county, for itself or on
      behalf of any covered  organization,  as  applicable,  and  the  county,
      acting  by  the  county  executive, and approved by the legislature, may
      enter  into  agreements  with  the  authority  in  accordance  with  the
      provisions  of this title as to the financing of costs by the authority,
      the application of revenues to secure the authority's  bonds,  notes  or
      other  obligations, and further assurances in respect of the authority's
      receipt of such revenues and the fiscal affairs of the county, including
      but not limited to the manner  of  preparation  of  budget  reports  and
      financial   plans  as  provided  for  in  sections  thirty-nine  hundred
      fifty-six  and  thirty-nine  hundred  fifty-seven  of  this  title,   as
      applicable.  The  authority's  revenues shall not be deemed funds of the
      county. Any such agreements with  the  county  may  be  pledged  by  the
      authority to secure its bonds, notes or other obligations and may not be
      modified  thereafter  except  as  provided by the terms of the pledge or
      subsequent agreements with the holders of such obligations.
        4. Such agreements with the county shall: (a) describe the  particular
      financeable  costs  to be financed in whole or in part by the authority;
      (b) describe the plan for the financing of the costs; (c) set forth  the
      method  by  which  and  by  whom and the terms and conditions upon which
      money provided by the authority shall be disbursed to  the  county,  for
      itself  or  on  behalf  of  any covered organization, as applicable; (d)
      where appropriate, provide for the payment of such costs by  the  county
      under such contracts as shall be awarded by the county or for the county
      to  make  a  capital  contribution  of  such proceeds as county funds to
      another entity for the payment or reimbursement of such costs;  and  (e)
      require  every  contract  entered  into by the county, or another entity
      receiving funds from the county, for costs to be financed in whole or in
      part by the authority to be subject to  the  provisions  of  the  county
      charter  and  other applicable laws governing contracts of the county or
      such entity, as the case may be.
        5. At least annually, commencing no more than one year after the  date
      on  which  authority bonds, notes or other obligations are first issued,
      the county executive shall report to the authority, the comptroller, the
      legislature, the state comptroller,  the  chairs  of  the  state  senate
      finance  committee  and the state assembly ways and means committee, and
      the director of the budget on the costs financed by  the  authority  and
      the  amount  of  such  financing  over the past year, which report shall
      describe, by reference to the specific items in the county's  budget  or
      financial plan, its compliance therewith.