2 CRR-NY 60.4NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 2. DEPARTMENT OF AUDIT AND CONTROL
CHAPTER II. MUNICIPAL AFFAIRS
SUBCHAPTER D. EXCLUSION OF SELF-LIQUIDATING INDEBTEDNESS FROM LIMITATIONS
PART 60. EXCLUSION OF SELF-LIQUIDATING INDEBTEDNESS IN ASCERTAINING POWER OF A MUNICIPALITY TO CONTRACT INDEBTEDNESS
2 CRR-NY 60.4
2 CRR-NY 60.4
60.4 Contents of application.
(a) The application, if made by a chief fiscal officer of a municipality, shall state whether the application is made by him in his discretion or whether he has been directed by the finance board to make the application. The application shall contain a brief description of the public improvement or part of a public improvement or service, a reference to the law pursuant to which the public improvement or part of a public improvement is owned or the service is rendered and a statement of the actual date, or if that is not known, the approximate date, when the public improvement or part of a public improvement was placed in operation or the service was first rendered. In the case of a district corporation or an improvement district of a county or town, the application shall state the date on which such corporation or improvement district was created or established, the date of any extension thereof, a reference to the statutes pursuant to which it was created, established or extended and a reference to the statutes pursuant to which it operates. It shall state the dates of the commencement and termination of the fiscal year in which the application is filed and the same information for the preceding fiscal year. If such public improvement or a part of a public improvement shall have been in operation or such service shall have been rendered for at least one complete fiscal year of such municipality, district corporation, or improvement district, the application also shall contain the following information with respect to such public improvement, or part of a public improvement or service for the preceding fiscal year:
(1) A description of each issue of bonds, bond anticipation notes and capital notes issued therefor and outstanding (i) as of the beginning of such preceding fiscal year, (ii) as of the close of such preceding fiscal year and (iii) as of the date of the application. For each issue of obligations there shall be set forth the amount of such issue outstanding as of the beginning of such preceding fiscal year, as of the close of such preceding fiscal year and as of the date of the application, the date of issue, the date of final maturity, the interest rate, the dates of amortization or payment of principal and of interest, and the amounts required during such preceding fiscal year for the payment of interest on and the amortization or payment of the principal thereof. If any bonds, bond anticipation notes and capital notes were issued therefor during such preceding fiscal year and were paid during such year, other than from the proceeds of bonds, there shall be set forth the details of such borrowing and payment.
(2) The gross revenue actually received therefrom during such preceding fiscal year. Such gross revenue shall not include receipts from taxes and assessments for benefit or subsidies by the municipality or district corporation in any form or manner.
(3) The amount incurred therefor during such preceding fiscal year for the costs of operation, maintenance and repairs.
(4) The net revenue received therefrom during such preceding fiscal year which shall be determined by subtracting the amount of item (3) above from the amount of item (2) above.
(5) The amount outstanding at the close of such preceding fiscal year of real property liabilities and contract liabilities incurred for such public improvement, part of a public improvement or service and the amount outstanding at the close of such preceding fiscal year of judgments, claims, awards and determinations attributable to or chargeable against such public improvement, part of a public improvement or service. The definitions of the terms “real property liabilities”, “contract liabilities” and “judgments, claims, awards and determinations”, in subdivisions 2, 3 and 6 of paragraph a of section 135.00 of the Local Finance Law shall apply herein.
(b) If such public improvement or part of a public improvement shall have been in operation or such service shall have been rendered for a period less than 12 months prior to the date of the application, then the information required pursuant to paragraphs (2), (3) and (4) of subdivision (a) of section 60.4 of this order shall be estimated for the first 12 months of operation thereof by the chief fiscal officer or the finance board, whichever verifies the application, and the information required pursuant to paragraph (5) of subdivision (a) thereof shall be set forth as of the date of application. In addition there shall be set forth a description of each issue of bonds, bond anticipation notes and capital notes issued therefor and outstanding as of the date of the application. For each issue of obligations there shall be set forth the amount of such issue outstanding as of the date of the application, the date of issue, the date of final maturity, the interest rate, the dates of amortization or payment of principal and of interest, and the amounts required, or estimated to be required, in such 12-months period for the payment of interest on and the amortization or payment of the principal thereof. If any bonds, bond anticipation notes and capital notes have been or will be issued therefor during such 12-months period and will be paid during such period, other than from the proceeds of bonds, there shall be set forth the details of such borrowing and payment or expected payment.
(c) If such public improvement or part of a public improvement shall have been in operation or such service shall have been rendered for a period less than the entire preceding fiscal year of the municipality or district corporation but for 12 months or more prior to the date of the application, then the information required pursuant to paragraphs (1), (2), (3), (4) and (5) of subdivision (a) of section 60.4 of this order shall be set forth for the first 12 months of the operation of such public improvement, or part of a public improvement or of the rendition of such service.
(d) If there are outstanding bond anticipation notes, real property liabilities, contract liabilities or unpaid judgments, claims, awards or determinations as of the date of the application, the application shall contain a tentative plan indicating how such notes, liabilities, judgments, claims, awards or determinations are to be paid and if bonds are to be issued therefor, for the payment of all or part thereof, the application shall set forth the amounts, the proposed dates of issuance and the maturities of such proposed bonds together with a schedule of the proposed principal payments and estimated interest payments on such bonds.
(e) The application shall describe the indebtedness sought to be excluded.
(f) The application may contain or be supported by financial statements, documents, computations, data and information as such chief fiscal officer or finance board shall deem pertinent.
2 CRR-NY 60.4
Current through August 31, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.