N.Y. Defense Emergency Act 1951 784/51 § 29: Local financial provisions

§ 29. Local financial provisions. 1. All civil defense expenditures of

a city, including but not limited to the cost of maintenance and

operation of its city office, if any, shall be a city charge. All civil

defense expenditures of a county, including but not limited to the cost

of maintenance and operation of a county office, shall be a general

county charge, provided however that where a city, town or village has

provided facilities pursuant to section twenty-three-a of this act, the

charge for the expenditures thereafter made by such county for providing

facilities pursuant to section twenty-three-a of this act shall be

equitably allocated by the legislative body of the county as defined in

subdivision seven of section two of the municipal home rule law. All

civil defense expenditures of a town shall be a general town charge,

provided however that where a deputy director for a village not wholly

within one town is appointed pursuant to subdivision two of section

twenty-two of this act, the expenditures made by such town pursuant to

such subdivision shall be a charge against the area of the town

exclusive of such village. Where a village has provided facilities

pursuant to section twenty-three-a of this act, the charge for the

expenditures thereafter made by such town for providing facilities

pursuant to section twenty-three-a of this act shall be equitably

allocated by the town board. All civil defense expenditures of a village

shall be a village charge.

2. Each political subdivision of the state shall have the power:

(a) To appropriate and spend money in the manner provided by law for

the acquisition, construction and installation of shelters, fallout

shelters and other civil defense facilities and the acquisition of

materials pursuant to section twenty-three-a of this act. Any

expenditure by a political subdivision having power to contract

indebtedness pursuant to the local finance law for such shelters,

fallout shelters, civil defense facilities and materials may be financed

by the issuance of obligations pursuant to such law, from the proceeds

of taxes raised for such purpose or from any available funds of the

political subdivision. The period of probable usefulness of any such

shelter or fallout shelter is determined to be twenty years unless a

longer period is prescribed by the local finance law and the period of

probable usefulness of any other civil defense facilities and materials

is determined to be ten years unless a longer period is prescribed by

the local finance law. The provisions of section 107.00 of the local

finance law shall not apply to the financing of any such object or

purpose.

(b) To appropriate and spend money in the manner provided by law for

other civil defense measures contemplated by this article or by section

thirty-four of this act, provided such expenditures are not inconsistent

with the plan, regulations or orders of the commission or with the

applicable local plan promulgated under this act. The limitations of

section 29.00 of the local finance law, with respect to the amount of

budget notes which may be issued in any fiscal year, shall not apply to

budget notes issued to finance such measures and, notwithstanding any

provision of the local finance law, budget notes for such measures may

be authorized by at least a majority vote of the voting strength of the

finance board. In addition to the issuance of budget notes for such

measures, a political subdivision having the power to contract

indebtedness pursuant to the local finance law, with the approval of the

commission, shall have power to issue serial bonds or capital notes

pursuant to such law in an amount not to exceed one hundred thousand

dollars in any fiscal year. The commission shall not give any approval

pursuant to this paragraph until after it shall have obtained the advice

of the state comptroller with respect to the financial condition of the

political subdivision. If no period of probable usefulness is provided

in the local finance law for any such measures, the period of probable

usefulness therefor shall be three years. The provisions of section

107.00 of the local finance law shall not apply to the financing of any

such object or purpose.

(c) To participate in providing shelter protection against radioactive

fallout for the inhabitants of such political subdivision by cooperating

with the commission and with schools, colleges and universities located

within such political subdivision in the acquisition, construction or

installation of fallout shelter at such schools, colleges and

universities for which state civil defense aid is payable pursuant to

section thirty-five of this act and by paying in consideration for such

shelter protection for its inhabitants a portion of the cost of such

fallout shelters, provided that no such payment shall exceed the

aggregate cost of such fallout shelters less the amount of state civil

defense aid payable pursuant to that section.

3. Indebtedness contracted or proposed to be contracted by a school

district, other than a school district coterminous with, or partly

within, or wholly within a city, to finance the acquisition,

construction and installation of a shelter or fallout shelter by such

school district pursuant to section twenty-three-a of this act may be

excluded from the indebtedness of such school district in ascertaining

its power under section 104.00 of the local finance law to contract

indebtedness, but only to the extent to which such indebtedness, at the

time it was contracted or is to be contracted, did not or will not

exceed fifty dollars multiplied by the planned shelter occupancy of such

shelter.

4. In addition to powers otherwise conferred by law and

notwithstanding any inconsistent provision of law:

a. Each political subdivision of the state shall have the power to

appropriate and spend money to demolish unsafe structures owned by it or

under its care, custody or control, to remove debris from any property

owned by it or under its care, custody or control, and to reconstruct,

replace or repair capital improvements, equipment, machinery, apparatus

and furnishings, when such demolition, removal, reconstruction,

replacement or repair is necessitated because of attack. Any such

reconstruction or replacement of a capital improvement may be made upon

a new site or upon the same site.

b. Any city, town or village shall have the power to appropriate and

spend money to demolish any unsafe structures, whether publicly or

privately owned, and may remove debris from any property, whether

publicly or privately owned, if the governing board of the municipality

determines such structures or debris to be a peril to the lives and

property of the citizens of the municipality, when such demolition or

removal is necessitated because of attack, except that such expenditures

shall not be made by a town within a city located in such town or by a

town within a village located in whole or part in such town.

Any expenditure for an object or purpose described in this subdivision

by a political subdivision having power to contract indebtedness

pursuant to the local finance law may be financed by the issuance of

obligations pursuant to such law, from the proceeds of taxes raised for

such purpose or from any available funds of the political subdivision.

The period of probable usefulness of the objects and purposes for which

any such expenditure may be made is determined to be ten years unless a

longer period is prescribed by the local finance law. The provisions of

section 107.00 of the local finance law shall not apply to the financing

of any such object or purpose. Any provisions of law:

(1) Requiring the holding of hearings on or the publication of notices

in relation to the effectuation of any such purpose or work or the

financing thereof,

(2) Requiring that the effectuation of any such purpose or work or the

financing thereof be subject to a vote at any election, to a mandatory

or permissive referendum, or to the voting of a tax to be collected in

one or more installments,

(3) Requiring that the effectuation of any such purpose or work or the

financing thereof be initiated only upon petition,

(4) Permitting the issuance of obligations only after the completion

of the effectuation of any such purpose or work or the levy of

assessments therefor,

(5) Requiring the approval of any public board or body other than the

governing board or the finance board, for the effectuation of any such

purpose or work or the financing thereof, the advertisement for bids or

the letting of contracts therefor after competitive bidding, and any

other provisions of law insofar as they tend to prevent, hamper or delay

the effectuation of any such purpose or work or the financing thereof,

shall be inoperative for the purposes of this subdivision, except that

the provisions of sections 57.00, 58.00, 59.00, 60.00, 60.10, 60.20,

63.00, 81.00, 82.00, 83.00, 102.00, 104.00, 104.10, other than

subdivision one thereof, 109.00, 150.00, 151.00, 152.00 and 165.10 of

the local finance law shall continue to be applicable to the financing

thereof when obligations are issued.

Notwithstanding the fact that the effectuation of any such purpose or

work may be required pursuant to law to be undertaken wholly or partly

at the expense of the real property especially benefited thereby, it may

be undertaken at the expense of the political subdivision at large

without charging any part of the cost thereof to real property

especially benefited.