N.Y. Tax Law § 1262-r*2: Disposition of net collections from sales and compensating use taxes imposed by the county of Ontario

* § 1262-r. Disposition of net collections from sales and compensating

use taxes imposed by the county of Ontario. Notwithstanding the

provisions of subdivision (c) of section twelve hundred sixty-two of

this part to the contrary, if the cities of Canandaigua and Geneva in

the county of Ontario do not impose sales and compensating use taxes

pursuant to the authority of section twelve hundred ten of this article

and such cities and county enter into an agreement pursuant to the

authority of subdivision (c) of section twelve hundred sixty-two of this

part to be effective March first, two thousand six, such agreement may

provide that:

(a) The term of such agreement may be indefinite, with an initial

period of ten years.

(b) The county shall allocate net collections from its taxes imposed

at the rate of one and one-half percent pursuant to the authority of

section twelve hundred ten of this article and also from an additional

one-eighth of one percent rate of such taxes authorized by such section

twelve hundred ten during the entire period in which such additional

rate is authorized to the cities, towns and villages in the county (i)

on the basis of their respective populations, determined in accordance

with the latest decennial federal census or special population census

taken pursuant to section twenty of the general municipal law, completed

and published prior to the end of the quarter for which the allocation

is made, which special census must include the entire area of the county

(the "population method"), or (ii) on the basis of the ratio which the

full valuation of real property in each city, town and village bears to

the aggregate full valuation of real property in all of the cities,

towns and villages in such county (the "full valuation method"), or

(iii) on the basis of the two thousand four base amounts described in

subdivision (d) of this section, or (iv) on the basis of specific

amounts set aside for each city in the county, or (v) on the basis of a

combination of such methods, provided, that the county shall apply the

population method and the full valuation method uniformly throughout the

county.

(c) "Full valuation of real property" may, as an alternative to the

definition of such term in subdivision (f) of section twelve hundred

sixty-two of this article, be defined to mean the total assessed

valuation of real property, including property wholly exempt from

taxation, divided by the equalization rate as determined in accordance

with article eight of the real property tax law, provided that the

county shall apply either such definition uniformly countywide.

(d) The two thousand four base amounts shall mean, in the case of a

city, the total amount of net collections the city received from its

sales and compensating use taxes in calendar year two thousand four,

and, in the case of a town or village, the total amount of net

collections that the county allocated to the town or village in calendar

year two thousand four.

(e) To the extent that the county uses the full valuation method to

determine the amounts of allocations and distributions to be made to the

cities, towns and villages, for allocations and distributions to be made

in calendar years two thousand six and two thousand seven, the county

shall use the final assessment rolls of the cities and towns in the

county completed and filed in two thousand four; and, for allocations

and distributions to be made in each calendar year of the agreement

after two thousand seven, the county shall use the final assessment

rolls completed and filed by such cities and towns in the immediately

preceding calendar year.

(f) In addition to other payments to be made under the agreement to

the two cities in the county, the county may pay amounts to such cities

with respect to the months of March and April, two thousand six, to

reflect that such cities repealed their sales and compensating use taxes

effective March first, two thousand six, in exchange for entering into

the agreement with the county.

(g) A review board consisting of the county's director of real

property services and two other persons selected by such director and

confirmed by the county board of supervisors may adjust the full value

of any parcel of wholly exempt real property in the county solely for

the purpose of determining the allocations to be made under such

agreement. A city, town or village which disagrees with such review

board over the adjusted full value of such a parcel of wholly exempt

real property located in such municipality may, at its own expense,

obtain two independent appraisals of the full value of such parcel; in

which case the average of such board's adjusted value and two values

determined in such appraisals shall constitute such parcel's full value

for such purpose.

* NB There are 2 § 1262-r's