Section 3037. Payments to or purchases of obligations of the city  


Latest version.
  • In the
      event  that  the mayor from time to time certifies to the corporation an
      amount required by the city to enable it (a) to pay,  at  maturity,  the
      principal  of and interest on any short-term obligations of the city, or
      (b) to pay for any item which is permitted by law to be included in  the
      city's  capital  budget for the fiscal year for which such certification
      is made, including payments to reimburse the  general  fund  for  moneys
      advanced and expended for any such item, or (c) to make any payment in a
      fiscal year to the extent the mayor certifies such payment will have the
      effect  of reducing from the then existing level the city's requirements
      for an advance by the state, during such fiscal year or  the  succeeding
      fiscal  year,  of state assistance moneys payable to the city, or (d) to
      meet its seasonal borrowing requirements for the fiscal  year  in  which
      such certification is made, or (e) to pay operating expenses of the city
      other  than  those  included in subparagraph (b), (c) or (d) hereof, the
      corporation may (i) pay to the city or,  (ii)  purchase  from  the  city
      obligations  hereafter  issued  by  the city in an amount equivalent to,
      part or all of such certified amount. Moneys paid to the  city  pursuant
      to  clause  (i)  or  (ii) of this section shall be held in trust for the
      payment of short-term obligations or shall be used to make  the  payment
      for which such moneys have been so certified.  Any obligations issued by
      the  city  and  purchased by the corporation pursuant to this section in
      consideration of the payments made to the city pursuant to  subparagraph
      (a)  or  (e)  hereof shall mature on a date not later than fifteen years
      from the original date of issue of  such  obligations.  The  corporation
      shall not make any payment to the city, or purchase any obligations from
      the  city, pursuant to this section unless the city shall have agreed to
      observe the conditions set forth in section three thousand  thirty-eight
      of  this  chapter,  subject  to  such  modifications  as  are  permitted
      thereunder. The outstanding amounts  paid  to  the  city  for  operating
      expenses  which  are  described  in  subparagraph (e) hereof pursuant to
      clause (i) and clause (ii) of this section shall not exceed two  billion
      dollars,  provided that not more than nine hundred million dollars shall
      be obligations maturing in a fiscal year succeeding the fiscal  year  in
      which issued (of which not less than seven hundred fifty million dollars
      shall  be  applied for welfare or public education purposes, as to which
      state assistance payments have been or will be advanced to the city) and
      shall be evidenced by city obligations, and any balance shall  be  short
      term obligations payable in the fiscal year in which issued.
        The  outstanding  amounts  paid to the city for a purpose set forth in
      subparagraph (b) hereof, other than to pay for expense  items  permitted
      to be included in the capital budget of the city pursuant to subdivision
      five  of  section  three thousand thirty-eight of this article, shall be
      evidenced by city bonds. Nothing herein shall be  construed  to  prevent
      the  corporation  from acquiring from the city obligations issued by the
      city pursuant to the local finance law which evidence  amounts  paid  to
      the city by the corporation for other purposes.
        Nothing  contained in this article shall be deemed to create an object
      or purpose or to establish or extend a period for which a city bond  may
      be  issued pursuant to the local finance law, or to create authority for
      the city to issue a bond payable  from  a  tax  on  real  estate  levied
      outside  the limit imposed by the state constitution on the amount to be
      raised by tax on real estate for local purposes other than debt service,
      or to modify, amend, repeal, or rescind any other provision of the local
      finance law governing the issuance by the  city  of  its  bonds  or  the
      payment of principal and interest thereon.
        At  all times after receipt of short-term obligations, other than bond
      anticipation notes, of the city acquired pursuant to this  section,  the
    
      corporation  shall  have the same rights and powers with respect to such
      short-term obligations as the corporation shall  have  with  respect  to
      short-term  obligations, other than bond anticipation notes, of the city
      received   pursuant   to  subdivision  one  of  section  three  thousand
      thirty-five of this article. The corporation shall have the same  rights
      and powers with respect to bond anticipation notes and bonds so received
      as  the  corporation  shall have with respect to bond anticipation notes
      received  pursuant  to  subdivision  one  of  section   three   thousand
      thirty-five;  provided  that  the corporation shall not deliver any bond
      received pursuant to this section for cancellation unless the city  pays
      the  principal  amount  and  accrued  interest  thereon  or pays accrued
      interest and exchanges such bond for another bond of the city  in  equal
      principal  amounts  in  refunding thereof, and provided further that the
      corporation may not sell or transfer to any person other than  the  city
      any  bond of the city acquired by it pursuant to this section unless the
      mayor and the city  comptroller  have  requested  in  writing  that  the
      corporation  sell  or  transfer  such  bond and, if such bond be sold or
      transferred at private sale, unless the terms of  such  sale  have  been
      approved by the city comptroller.
        For   purposes   of   this   section,  the  term  "seasonal  borrowing
      requirements" means amounts which are required by the city to enable  it
      to  pay  current operating expenses, provided such expenses are included
      in an expense budget  of  the  city  balanced  in  accordance  with  the
      provisions of section three thousand thirty-eight of this title and such
      amounts   are   required   solely   because   the  city's  revenues  and
      expenditures, even when in balance on an annual basis, are not  received
      and disbursed at equivalent rates throughout the year.
        * NB The  corporation  shall  continue  for a term ending the later of
      July 1, 2008 or one year after its liabilities have been fully paid  and
      discharged per § 3033 sub 1.