Section 2435-B. Tax lien purchase and sale agreements  


Latest version.
  • (1) In order to
      fulfill the purposes of this title and  to  provide  a  means  by  which
      municipalities   may   collect   the  moneys  necessary  to  fund  their
      expenditures and provide revenue to fund any other  lawful  purpose  and
      notwithstanding  any  general or special law to the contrary, the agency
      or its tax lien entity and any municipality  are  hereby  authorized  to
      enter  into one or more purchase and sale agreements for the sale of tax
      liens by such municipality and the purchase of such  tax  liens  by  the
      agency or its tax lien entity, which purchase and sale agreements shall,
      consistent  with  the  provisions  of  this  title,  contain such terms,
      provisions and conditions as, in the judgment of the agency or  its  tax
      lien  entity,  shall  be  necessary or desirable. Each purchase and sale
      agreement  shall  specify  the  amount  to  be  made  available  to  the
      respective  municipality  from  the  proceeds  of  an  issue of tax lien
      collateralized securities which amount may be more or less than the face
      amount of the tax liens purchased by the agency or its tax lien  entity,
      and  any  other  amounts  which  may be made available to the respective
      municipality on a contingent basis under the terms of the agreement.  In
      addition,   each   purchase   and   sale   agreement  may  require  such
      municipality, subject to appropriation by  the  appropriate  legislative
      body  of  such  municipality, to make provisions for the payment of such
      other fees, charges, costs and other amounts as the agency shall in  its
      judgment determine to be necessary or desirable.
        (2)   Any  purchase  and  sale  agreement  entered  into  pursuant  to
      subdivision one of this section shall provide that the obligation of the
      municipality executing such purchase and sale agreement to fund  or  pay
      the  amounts  therein  provided  for shall not constitute a debt of such
      municipality within the  meaning  of  any  constitutional  or  statutory
      provision  and  shall  be  deemed executory only to the extent of moneys
      available and that no liability shall be incurred by  such  municipality
      beyond  the moneys available for such purpose, and that any such payment
      obligation of such municipality other than the  timely  payment  of  any
      moneys collected by it and due to the agency or its tax lien entity as a
      result  of  the  redemption  of  tax liens which are the subject of such
      purchase and  sale  agreements,  is  subject  to  appropriation  by  the
      appropriate legislative body of such municipality.