Section 2435-D. Special school purpose agreements  


Latest version.
  • In order to fulfill the
      purposes of this title and to provide  a  means  by  which  the  special
      school  purpose  municipalities  may  receive  assistance  to meet their
      obligations and, notwithstanding any  general  or  special  law  to  the
      contrary,  the  agency  and each special school purpose municipality are
      hereby authorized to enter into  one  or  more  special  school  purpose
      agreements  in  accordance  with  the  provisions  of  this  title as to
      financing of costs by the agency, the application of school aid revenues
      to the agency to secure its bonds and further assurances in  respect  of
      the  agency's  receipt of such revenues. Any such special school purpose
      agreements shall not  constitute  indebtedness  of  the  special  school
      purpose  municipality for purposes of section 20.00 of the local finance
      law or any constitutional or  statutory  limitation.  In  addition,  any
      special  school  purpose  bonds  issued  in connection with such special
      school purpose agreement shall not constitute a debt of the state or  of
      the   applicable   special   school   purpose   municipality  under  any
      constitutional or statutory provision.  Any  such  school  aid  revenues
      shall  belong to the agency, shall not be, or be treated as, revenues of
      the special school purpose municipality for appropriation, accounting or
      any other purpose, provided, however,  that  such  school  aid  revenues
      shall   be   deemed  to  be  revenues  of  the  special  school  purpose
      municipality for the purpose of any computation of federal or state aid,
      and shall not be consolidated, commingled or otherwise combined with any
      other moneys of the agency and any such special school purpose agreement
      shall include a statement to such effect. Any such school  aid  revenues
      and  any  such  special  school purpose agreements may be pledged by the
      agency in accordance with and with the  effect  of  subdivision  ten  of
      section  two  thousand four hundred thirty-seven of this title to secure
      its bonds and may not be modified thereafter except as provided  by  the
      terms of the pledge. Each special school purpose agreement shall specify
      the amount to be made available to the respective special school purpose
      municipality  through the proceeds of an issue of special school purpose
      bonds and such other matters as the agency shall determine necessary  or
      desirable  as to the application of bond proceeds or the security of the
      bonds. Such special school purpose agreement shall also provide that the
      agency shall not be entitled  to  receive  any  special  school  purpose
      school aid revenues. The receipt of the proceeds of any issue of special
      school purpose bonds by the special school purpose municipality shall be
      deemed  to satisfy an equivalent amount of prior year claims owed to the
      school district of such special school purpose municipality pursuant  to
      section  thirty-six hundred four of the education law, and such proceeds
      provided pursuant to this section shall not  reduce  the  apportionments
      payable  for  approved project costs pursuant to subdivisions six, six-a
      and six-b and paragraph c of subdivision fourteen of section  thirty-six
      hundred  two  and  subdivision  twelve  of  section  thirty-six  hundred
      forty-one of the education law and may be used  by  an  eligible  school
      district to fund the principal amount of any costs that are in excess of
      the  costs  approved  for an apportionment pursuant to such subdivisions
      six, six-a or six-b of section thirty-six  hundred  two  or  subdivision
      twelve of section thirty-six hundred forty-one of the education law.