Section 2436. State aid guarantee  


Latest version.
  • 1. In the event that a municipality fails
      to make any payment of principal or interest on its municipal bonds, the
      chairman  of  the  agency  shall  certify  to  the  comptroller that the
      municipality has failed to meet its obligations. Such certificate  shall
      be  in  such  form  as the agency deems desirable, but shall include the
      exact  amount  of  interest  and  principal  required  to  satisfy   the
      municipality's obligations to the agency.
        2.  The comptroller, upon receipt of such certificate from the agency,
      shall withhold from the municipality  any  state  aid  payable  to  such
      municipality  to  the  extent  necessary to meet the certified amount of
      interest or principal and shall immediately pay over to the  agency  the
      amount so withheld.
        3.  Pending  payment  to  the  agency from the comptroller of any such
      state aid withheld from a municipality, the agency shall, if payments of
      interest or principal are due on the agency's bonds, withdraw an  amount
      sufficient  to  meet  such amounts withheld from a municipality from the
      debt service reserve fund securing such bonds. Any such amount withdrawn
      from such debt service reserve fund shall be paid into such debt service
      reserve fund upon receipt by the agency  from  the  comptroller  of  any
      state aid withheld. Any amount so paid to the agency from such state aid
      shall  not  obligate  the state to make, nor entitle the municipality to
      receive, any additional amounts of state aid.
        4. In the event that a special program municipality shall fail to make
      a payment in such amount (as calculated in accordance with  the  special
      program  agreement  to  which such municipality shall be a party) and by
      such date as is provided to be made by such municipality in its  special
      program  agreement,  the  chairman of the agency shall so certify to the
      comptroller. Such certificate shall be in such form as the agency  deems
      desirable, but shall specify the amount by which such payment shall have
      been  deficient.  The comptroller, upon receipt of such certificate from
      the agency, shall withhold from such special  program  municipality  any
      state  aid  payable  to such municipality to the extent of the amount so
      stated  in  such  certificate  as  not  having  been  made,  and   shall
      immediately  pay  over  to  the agency the amount so withheld; provided,
      however, that in the case of a special program  agreement  entered  into
      for  the purpose described in paragraph (b) or (c) or (d) of subdivision
      one of section twenty-four hundred  thirty-five-a  of  this  title,  the
      comptroller  shall  be  authorized  to withhold from the special program
      municipality such school aid as is payable to the city  school  district
      of  the  special  program  municipality,  to the extent of the amount so
      stated  in  such  certificate  as  not  having  been  made,  and   shall
      immediately pay over to the agency the amount so withheld. Any amount so
      paid  to the agency from such state and/or school aid shall not obligate
      the state to make, nor  entitle  the  special  program  municipality  to
      receive,  any  additional  amounts  of  state and/or school aid. Nothing
      contained therein shall be deemed to prevent the state  from  modifying,
      reducing  or  eliminating any program or programs of state and/or school
      aid; nor shall the state be obligated by the terms  hereof  to  maintain
      state and/or school aid at any particular level or amount.
        5.  In  the event that a special school deficit program district shall
      fail to make a payment in such amount (as calculated in accordance  with
      the  special  school  deficit  program  agreement  to  which such school
      district shall be a party) and by such date as is provided to be made by
      such school district in its special school  deficit  program  agreement,
      the  chairman  of the agency shall so certify to the comptroller, with a
      copy to the commissioner of education. Such certificate shall be in such
      form as the agency deems desirable, but  shall  specify  the  amount  by
      which  such  payment  shall  have  been deficient. The comptroller, upon
    
      receipt of such certificate from the agency, shall  withhold  from  such
      special  school  deficit program district any school aid payable to such
      special school deficit program district to the extent of the  amount  so
      stated   in  such  certificate  as  not  having  been  made,  and  shall
      immediately pay over to the agency the amount so withheld. Any amount so
      paid to the agency from such school aid shall not obligate the state  to
      make,  nor  entitle  the  special  school  deficit  program  district to
      receive, any additional amounts of school aid. Nothing contained therein
      shall be deemed  to  prevent  the  state  from  modifying,  reducing  or
      eliminating  any  program or programs of school aid; nor shall the state
      be obligated  by  the  terms  hereof  to  maintain  school  aid  at  any
      particular level or amount.