N.Y. Yonkers financial emergency act 103/84 § 2: Definitions

§ 2. Definitions. As used in this act, the following words and terms

shall have the following meanings unless the context shall indicate

another or different meaning or intent.

1. "Available funds" means at any date the amounts in the fund which

are then available, as determined by the board, to be applied to the

purposes stated in paragraph (iii) of subdivision four of section ten of

this act after provision has been made for the application of amounts in

the fund for the purposes stated in paragraphs (i) and (ii) of

subdivision four of section ten of this act.

2. "Board" means the governmental agency created by section six of

this act.

3. "City" means the city of Yonkers.

4. "City manager" means the city manager of the city of Yonkers.

5. "Comptroller" means the comptroller of the state of New York.

6. "Covered organization" means any governmental agency, public

authority or public benefit corporation which receives or may receive

moneys directly, indirectly or contingently, (other than moneys received

for the sale of goods or the rendering of services or the loan of moneys

to the city) from the city, and in any event includes, without

limitation, the board of education of the city school district of the

city of Yonkers.

Notwithstanding the foregoing, the board, by order made on its own

motion or on application of a covered organization may specifically

exempt the organization from inclusion as a covered organization after a

finding by the board that an exemption does not materially affect the

ability of the city to adopt and maintain a budget pursuant to the

provisions of this act; provided that at the time of and during the

period of the exemption there is supplied to the board, an annual audit

by an independent certified public accounting firm (or by a public

accountant licensed by the state of New York to conduct such audits) of

the organization's financial statements performed in accordance with

generally accepted auditing standards and a report thereon by the

auditor which includes an opinion that the audited financial statements

have been prepared in accordance with generally accepted accounting

principles and any other information as the auditor deems appropriate;

provided further however, that the board may terminate the exemption

after a determination that the circumstances upon which the exemption

was granted are no longer applicable.

In no event however, shall the term "covered organization" mean or

include any governmental agency which is (i) a state public authority as

defined in section two hundred one of the civil service law, or (ii) a

governmental agency, authority, commission or instrumentality created by

compact or agreement between the state of New York and another state or

states, or (iii) a subsidiary corporation of an agency described in (i)

or (ii) hereof.

7. "Emergency period" means the period of time from the effective date

of this act until the date when the board determines that (a) the

operating and capital funds of the city shall have been in balance for

three fiscal years in accordance with the accounting methods prescribed

for the city's budget by the state comptroller pursuant to section

thirty-six of the general municipal law, (b) the amount of all loans

made by the state to the city to fund the operating deficit incurred by

the city in its fiscal year ending June thirtieth, nineteen hundred

eighty-four or any fiscal year thereafter has been repaid in full, and

(c) the city has presented a financial plan that projects operating and

capital fund balance for the four years covered by such plan in

accordance with the accounting methods prescribed for the city's budget

by the state comptroller pursuant to section thirty-six of the general

municipal law.

8. "Financial plan" means the financial plan of the city and the

covered organizations to be developed pursuant to section nine of this

act, as from time to time modified.

9. "Fund" means the emergency financial control board fund for the

city of Yonkers established pursuant to subdivision one of section ten

of this act.

10. "Revenues" mean all taxes, federal and state aid, rents, fees,

charges, payments, all proceeds from borrowings and other income and

receipts paid or payable to or for the account of the city or any of the

covered organizations, subject to the requirements imposed by the

special fiscal act.

11. "Special fiscal act" means the special local finance and budget

act of the city of Yonkers, as enacted by chapter four hundred

eighty-eight of the laws of nineteen hundred seventy-six.

12. "Mayor" means the mayor of the city of Yonkers.