Section 1964-A. Financial records  


Latest version.
  • 1. The authority shall maintain books and
      records in such form as may be prescribed by the state comptroller.
        2. Annually within ninety days following the close of its fiscal year,
      the  authority shall prepare and file a financial report for that fiscal
      year complying with the requirements of section eight hundred fifty-nine
      of the general municipal law.
        3. If the authority  fails  to  file  or  substantially  complete,  as
      determined by the state comptroller, the financial statement required by
      section  eight  hundred  fifty-nine  of  the  general municipal law, the
      penalties set forth in section eight hundred fifty-nine of  the  general
      municipal law shall apply to the authority.
        4.  The authority shall mail or deliver to the chief executive officer
      and the governing body of the city of Troy and make available for public
      inspection and comment its proposed budget for  the  forthcoming  fiscal
      year,  no later than twenty business days before adoption. At such time,
      the authority shall file its proposed budget with the clerk of the  city
      of  Troy.  Such  proposed budget shall contain detailed estimates of the
      amount of revenues to be received and expenditures to be made during the
      forthcoming fiscal year. Following its  consideration  of  the  comments
      received, the authority may revise its budget accordingly and shall file
      the revised budget with the clerk of the city of Troy.
        5.  Payments  in lieu of taxes received by the authority shall be paid
      over to each affected tax jurisdiction within thirty days of receipt.
        6. Payments in lieu of taxes which are delinquent under the  agreement
      or  which  the  authority fails to remit pursuant to subdivision five of
      this section shall be subject to a late payment penalty of five  percent
      of  the  amount  due  which shall be paid by the project occupant (where
      taxes are delinquent because of  the  occupant's  failure  to  make  the
      required  payment)  or  the  agency  (because of the agency's failure to
      remit pursuant to subdivision five of this section) to the affected  tax
      jurisdiction  at the time the payment in lieu of taxes is paid. For each
      month, or part thereof, that the payment in lieu of taxes is  delinquent
      beyond  the  first  month,  interest  shall accrue to and be paid by the
      project occupant (where taxes are delinquent because of  the  occupant's
      failure  to  make  the  required  payment) or the agency (because of the
      agency's failure to remit pursuant to subdivision five of this  section)
      to  the  affected  tax  jurisdiction on the total amount due plus a late
      payment penalty in the amount of one percent per month until the payment
      is made.
        7. An affected tax jurisdiction which has not received  a  payment  in
      lieu  of taxes due to it under an agreement may commence legal action in
      any court of competent jurisdiction directly against any  person,  firm,
      corporation,  organization or agency which is obligated to make payments
      in lieu of taxes under an agreement and has failed to do so.  In such an
      action, the affected tax jurisdiction shall be entitled to  recover  the
      amount  due,  the  late  payment  penalty, interest, expenses, costs and
      disbursements together with the reasonable attorneys' fees necessary  to
      prosecute such action. Nothing herein shall be construed as providing an
      affected  tax  jurisdiction  with  the  right to sue and recover from an
      agency which has not received payments in lieu of taxes from  a  project
      occupant.
        8.  Any refinancing of a project shall be subject to the provisions of
      section nineteen hundred fifty-three-a of  this  chapter,  except  where
      such refinancing was previously approved pursuant to such section.
        9. Agents of the authority and project operators shall annually file a
      statement  with  the state department of taxation and finance, on a form
      and in such a manner as is prescribed by the  commissioner  of  taxation
      and finance, of the value of all sales and use tax exemptions claimed by
    
      such  agents  or  agents of such agents or project operators, including,
      but not limited to, consultants or  subcontractors  of  such  agents  or
      project  operators under the authority granted pursuant to this section.
      The  penalty  for  failure  to  file  such statement shall be removal of
      authority to act as agent of the authority or project operator.