US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » LFN - Local Finance » Article 2 - Local Indebtedness » Title 8 - Limitations on the Power to Contract Indebtedness » 101.00 – Giving or Loaning of Municipal Credit and Contracting Indebtedness Other Than for Municipal Purposes Prohibited.
§  101.00  Giving  or  loaning  of  municipal  credit  and contracting
indebtedness  other  than  for  municipal  purposes  prohibited.  a.  No
municipality, school district or district corporation shall:
  1.  Give  or loan its credit to or in aid of any individual, or public
or private corporation or association, or private undertaking, or
  2. Contract indebtedness except for the purposes of such municipality,
school district or district corporation.
Notwithstanding the foregoing provisions of this paragraph:
  1. If any  municipality  or  any  county  or  town  on  behalf  of  an
improvement  district is authorized by a general law or by a special law
(a) to provide a supply of water, in excess of its own needs,  for  sale
to  any other public corporation or improvement district, (b) to provide
facilities, in excess of its own needs, for  the  conveyance,  treatment
and disposal of sewage, from any other public corporation or improvement
district,  or (c) to provide facilities, in excess of its own needs, for
drainage purposes from  any  other  public  corporation  or  improvement
district,  the  indebtedness  contracted by the municipality for such an
object or purpose shall be deemed to be for  a  county,  city,  town  or
village purpose, as the case may be.
  2.  If  any two or more municipalities and county and town improvement
districts are authorized by a general law or by a  special  law  (a)  to
provide  for  a  common  supply  of water, (b) to provide for the common
conveyance, treatment and disposal of sewage or (c)  to  provide  for  a
common   drainage   system,  the  joint  indebtedness,  or  the  several
indebtedness for a specific proportion of the cost,  contracted  by  the
municipality  for  such an object or purpose shall be deemed to be for a
county, city, town or village purpose, as the case may be.
  3. If any two or more municipalities and school districts  and  county
and  town  improvement districts are authorized by a general law or by a
special law to join together to provide any municipal facility, service,
activity or undertaking which each  of  such  units  has  the  power  to
provide  separately, the joint indebtedness, or the several indebtedness
for a specific proportion of the cost, contracted by the municipality or
school district for such an object or purpose shall be deemed to be  for
county,  city, town, village or school district purpose, as the case may
be.
  b. This section shall not be deemed to prevent:
  1. A county from contracting indebtedness for the following purposes:

(a) Advancing to a city, town or school district, pursuant to law, the amount of unpaid taxes.

(b) Financing tax refunds required to be made by section seven hundred twenty-six of the real property tax law.

(c) Paying to the state the state tax levied against such county. 2. A town from contracting indebtedness for the following purposes:

(a) Advancing to a county or school district, pursuant to law, the amount of unpaid taxes.

(b) Paying to a county such town's share of the state tax levied against such county if such town is required by law to levy and collect such tax. 3. A city from contracting indebtedness for the following purposes:

(a) Advancing to a county or school district, pursuant to law, the amount of unpaid taxes.

(b) Paying to a county such city's share of the state tax levied against such county if such city is required by law to levy and collect such tax. 4. A municipality from making such provision for the aid, care and support of the needy, including the aid, care and support of neglected and dependent children and of the needy sick, as may be authorized by law. 5. A county, city or town from providing, pursuant to law, for the care, support, maintenance and secular education of inmates of orphan asylums, homes for dependent children or incarcerated individuals in correctional institutions and of children placed in family homes by authorized agencies, whether under public or private control. 6. A municipality or school district, when authorized by law, from using its credit for

(a) The examination or inspection of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught, or

(b) The transportation of children to and from any school or institution of learning. 7. A city, town or village from giving or loaning its credit when authorized to do so by the legislature pursuant to the provisions of article eighteen of the state constitution. 8. A county, city or town from increasing, pursuant to law, pension benefits payable to retired members of a police department or fire department or to widows, dependent children or dependent parents of members or retired members of a police department or fire department. 9. A municipality, school district or district corporation from increasing, pursuant to law, the amount of pension of any member of a retirement system of the state, or of a subdivision of the state. 10. A municipality, school district or district corporation from providing, pursuant to law, for the protection by insurance or otherwise against the hazards of unemployment, sickness and old age. 11. A municipality or school district from providing, pursuant to law, for the education and support of the blind, the deaf, the mute, the physically handicapped and juvenile delinquents or for health and welfare services for all children. 12. A city, town or village from expending or loaning its money, property or credit as consideration for the effectuation of all or part of the public purpose provided for in sections eleven-a and thirty-six-a of the private housing finance law. 13. A municipality from making loans of money or credit to or in aid of any eligible corporation or association for the purpose of providing hospital or other facilities for the prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, and for facilities incidental or appurtenant thereto, as may be authorized by law pursuant to section seven of article seventeen of the state constitution.