N.Y. Public Authorities Law § 3861: Declaration of need for financing assistance to the city

§ 3861. Declaration of need for financing assistance to the city. 1.

The city shall determine and declare whether it requests the authority

to undertake a financing of costs, including costs of the city's

dependent school district or any other covered organization. Any such

request shall be made by and through the mayor after approval by the

council. Any such financing shall be consistent with the adopted budget

and financial plan of the city required under sections thirty-eight

hundred fifty-six and thirty-eight hundred fifty-seven of this title, as

applicable.

2. Upon declaration by the city of such need, the mayor shall request

that the authority provide financing in accordance with the provisions

of this title.

3. Upon approval by the authority, in its discretion in accordance

with the provisions of this title, of such financing request, the

authority may enter into agreements with the city, for itself or on

behalf of the city's dependent school district or any other covered

organization, as applicable, and the city, acting by the mayor, approved

by the council, may enter into agreements with the authority in

accordance with the provisions of this title as to the financing of

costs by the authority, the application of revenues to the authority to

secure its bonds, notes or other obligations, and further assurances in

respect of the authority's receipt of such revenues and the fiscal

affairs of the city, including but not limited to the manner of

preparation of budget reports and financial plans as provided for in

sections thirty-eight hundred fifty-six and thirty-eight hundred

fifty-seven of this title, as applicable. The authority's revenues shall

not be deemed funds of the city. Any such agreements with the city may

be pledged by the authority to secure its bonds, notes or other

obligations and may not be modified thereafter except as provided by the

terms of the pledge.

4. Such agreements with the city shall (a) describe the particular

financeable costs to be financed in whole or in part by the authority,

(b) describe the plan for the financing of the costs, (c) set forth the

method by which and by whom and the terms and conditions upon which

money provided by the authority shall be disbursed to the city for

itself or on behalf of the city's dependent school district or other

covered organization, as applicable, (d) where appropriate, provide for

the payment of such costs by the city under such contracts as shall be

awarded by the city or for the city to make a capital contribution of

such proceeds as city funds to another entity for the payment or

reimbursement of such costs, and (e) require every contract entered into

by the city, or another entity receiving funds from the city, for costs

to be financed in whole or in part by the authority to be subject to the

provisions of the city charter and other applicable laws governing

contracts of the city or such entity, as the case may be.

5. At least annually, commencing no more than one year after the date

on which authority bonds, notes or other obligations are first issued,

the mayor shall report to the authority, the comptroller, the council,

the state comptroller, the chairs of the senate finance committee and

the assembly ways and means committee, and the director of the budget on

the costs financed by the authority and the amount of such financing

over the past year, which report shall describe, by reference to the

specific items in the city's budget or financial plan, its compliance

therewith.