Section 1204. Taxes administered by cities with populations of less than one hundred twenty-five thousand on request of school districts  


Latest version.
  • (a) On  request by a majority vote of the whole number of the school authorities
      of the school district or districts which are coterminous  with,  partly
      within  or  wholly  within  a  city having a population of less than one
      hundred  twenty-five  thousand,  such  city  is  hereby  authorized  and
      empowered  to  adopt  and  amend local laws imposing for school district
      purposes any of the taxes which such city is  empowered  to  impose  for
      city purposes pursuant to section twelve hundred three.
        (b) A local law imposing such a tax shall be effective only during the
      period  that  each  of  the  school  districts  partly within and partly
      without such city, by a majority vote of the whole number of its  school
      authorities,  shall  impose  an  identical  tax  within that part of its
      territorial limits outside of such city.  Such  school  authorities  are
      hereby  authorized  and  empowered so to impose such tax, which shall be
      effective only during the period when the tax imposed by  such  city  on
      areas of school districts within such city shall be effective.
        (c) Taxes so imposed by such a city and by such school districts shall
      be  administered  and collected by such city, in the manner provided for
      in this section and in subpart A of part III of  this  article.  In  the
      case  of  such administration and collection in areas outside such city,
      the  city  and  the  city  officers  and  employees  administering   and
      collecting  the  tax  shall  act  as  agents  for the school district or
      districts which imposed the tax in such areas.  In  such  instances  the
      school authorities of each district and the governing board of such city
      may  enter  into  an  agreement for the administration and collection of
      such taxes by the city for and on behalf of  the  school  district.  Any
      such  agreement  shall  state the consideration payable to such city for
      such service and make such  other  related  provisions  as  the  parties
      thereto shall consider necessary.
        (d)  Subject to the terms of such agreement, the total net collections
      from a tax so imposed by such a  city  and  school  districts  shall  be
      distributed  and  paid quarterly to the city school district where it is
      coterminous with or includes the  entire  city  or  to  all  the  school
      districts partly within or wholly within such city.
        (e) Except where the city school district is coterminous with the city
      or  includes  the  entire  area  of  the  city,  such  amounts  shall be
      distributed and paid to the school district or districts  partly  within
      or  wholly  within  the city, in accordance with the total average daily
      attendance for the last preceding school year of pupils residing in each
      such district and without regard to the location of the school attended.
        (f) All actions taken by majority votes of school authorities pursuant
      to this section shall be deemed resolutions under this article and shall
      be official records of the school districts in  which  they  are  taken.
      Certified  copies thereof forthwith shall be filed in the offices of the
      city clerk, state department of education, the secretary  of  state  and
      the state comptroller.