Section 1262-R*2. Disposition of net collections from sales and compensating use taxes imposed by the county of Ontario  


Latest version.
  • Notwithstanding  the  provisions of subdivision (c) of section  twelve  hundred  sixty-two  of
      this  part  to  the contrary, if the cities of Canandaigua and Geneva in
      the county of Ontario do not impose sales  and  compensating  use  taxes
      pursuant  to the authority of section twelve hundred ten of this article
      and such cities and county enter  into  an  agreement  pursuant  to  the
      authority of subdivision (c) of section twelve hundred sixty-two of this
      part  to  be effective March first, two thousand six, such agreement may
      provide that:
        (a) The term of such agreement may  be  indefinite,  with  an  initial
      period of ten years.
        (b)  The  county shall allocate net collections from its taxes imposed
      at the rate of one and one-half percent pursuant  to  the  authority  of
      section  twelve  hundred ten of this article and also from an additional
      one-eighth of one percent rate of such taxes authorized by such  section
      twelve  hundred  ten  during  the entire period in which such additional
      rate is authorized to the cities, towns and villages in the  county  (i)
      on  the  basis of their respective populations, determined in accordance
      with the latest decennial federal census or  special  population  census
      taken pursuant to section twenty of the general municipal law, completed
      and  published  prior to the end of the quarter for which the allocation
      is made, which special census must include the entire area of the county
      (the "population method"), or (ii) on the basis of the ratio  which  the
      full  valuation of real property in each city, town and village bears to
      the aggregate full valuation of real property  in  all  of  the  cities,
      towns  and  villages  in  such  county (the "full valuation method"), or
      (iii) on the basis of the two thousand four base  amounts  described  in
      subdivision  (d)  of  this  section,  or  (iv)  on the basis of specific
      amounts set aside for each city in the county, or (v) on the basis of  a
      combination  of  such methods, provided, that the county shall apply the
      population method and the full valuation method uniformly throughout the
      county.
        (c) "Full valuation of real property" may, as an  alternative  to  the
      definition  of  such  term  in subdivision (f) of section twelve hundred
      sixty-two of this  article,  be  defined  to  mean  the  total  assessed
      valuation  of  real  property,  including  property  wholly  exempt from
      taxation, divided by the equalization rate as determined  in  accordance
      with  article  eight  of  the  real  property tax law, provided that the
      county shall apply either such definition uniformly countywide.
        (d) The two thousand four base amounts shall mean, in the  case  of  a
      city,  the  total  amount  of net collections the city received from its
      sales and compensating use taxes in calendar  year  two  thousand  four,
      and,  in  the  case  of  a  town  or  village,  the  total amount of net
      collections that the county allocated to the town or village in calendar
      year two thousand four.
        (e) To the extent that the county uses the full  valuation  method  to
      determine the amounts of allocations and distributions to be made to the
      cities, towns and villages, for allocations and distributions to be made
      in  calendar  years  two thousand six and two thousand seven, the county
      shall use the final assessment rolls of the  cities  and  towns  in  the
      county  completed  and  filed in two thousand four; and, for allocations
      and distributions to be made in each  calendar  year  of  the  agreement
      after  two  thousand  seven,  the  county shall use the final assessment
      rolls completed and filed by such cities and towns  in  the  immediately
      preceding calendar year.
        (f)  In  addition  to other payments to be made under the agreement to
      the two cities in the county, the county may pay amounts to such  cities
    
      with  respect  to  the  months  of March and April, two thousand six, to
      reflect that such cities repealed their sales and compensating use taxes
      effective March first, two thousand six, in exchange for  entering  into
      the agreement with the county.
        (g)  A  review  board  consisting  of  the  county's  director of real
      property services and two other persons selected by  such  director  and
      confirmed  by  the county board of supervisors may adjust the full value
      of any parcel of wholly exempt real property in the  county  solely  for
      the  purpose  of  determining  the  allocations  to  be  made under such
      agreement.  A city, town or village which  disagrees  with  such  review
      board  over  the  adjusted  full value of such a parcel of wholly exempt
      real property located in such municipality  may,  at  its  own  expense,
      obtain  two  independent appraisals of the full value of such parcel; in
      which case the average of such board's adjusted  value  and  two  values
      determined  in such appraisals shall constitute such parcel's full value
      for such purpose.
        * NB There are 2 § 1262-r's