Current through 2024 NY Law Chapter 545
Section 8 - Establishment and application of supervisory board fund for the city of Troy(a) There is hereby established a fund designated the supervisory board fund for the city of Troy. Commencing on the effective date of the initial financial plan approved by the supervisory board and for the duration of the emergency period, all revenues received or to be received by the city of Troy or any covered organization shall, unless exempted by order of the supervisory board be revenues of the supervisory board fund and shall be for the account of the city of Troy and the appropriate covered organizations, but disbursement from the supervisory board fund shall be made by the supervisory board in accordance with the approved financial plan, except to the extent expressly prohibited by federal law or where such revenues are pledged to the payment of any outstanding bonds, notes or other obligations of covered organizations. Notwithstanding the foregoing, the supervisory board shall authorize the city of Troy to make all disbursements of city of Troy revenues from the supervisory board fund, which disbursements shall be made in accordance with the approved financial plan; provided, that the supervisory board may withdraw such authorization if it determines that (i) any disbursements made or to be made by the city of Troy have not been or are likely not to be in compliance with the approved financial plan, (ii) the city of Troy has violated any other provisions of this act, or (iii) the city of Troy has violated an agreement with any holder or guarantor of bonds or notes issued by the city of Troy or a state financing agency. Commencing on the effective date of the initial financial plan approved by the supervisory board, and for the duration of any emergency period, all funds and accounts established or thereafter established by the city of Troy of the covered organizations shall, unless exempted by order of the supervisory board, thereafter be funds and accounts of the supervisory board fund except to the extend expressly prohibited by federal law or to the extent prohibited by covenants or agreements relating to any outstanding bonds, notes or other obligations of covered organizations. All such accounts of the supervisory board shall have such captions and entries as the supervisory board shall determine to be necessary to credit the foregoing revenues and receipts to the supervisory board fund. The moneys of the supervisory board fund shall not be deemed to be money of the state or money under its control.(b) The deposit of revenues into the supervisory board fund and the investment or deposit of moneys therein shall be made in accordance with and pursuant to procedures established by the supervisory board.(c) In order to assure compliance with the financial plan, the supervisory board shall from time to time adopt procedures controlling the disbursement of moneys from the supervisory board fund.(d) If at any time the supervisory board determines that the amount then held in the supervisory board fund or the amount estimated by the supervisory board to be held in the supervisory board fund is or will be insufficient to meet the expenditures in the amounts and at the times required by the financial plan, the supervisory board shall require disbursements from the supervisory board fund to be made in the following order or priority unless otherwise required by law of the United States of America:(i) to the payment of debt service requirements on all bonds and notes of the city of Troy and the covered organizations whose money are included in the supervisory board fund, (ii)to the payment of other liabilities having statutory or contractual priority over remaining liabilities of the city of Troy and the covered organizations whose moneys are included in the supervisory board fund, and (iii)to the payment of other obligations on an allocated basis as specified by the city of Troy for expenditures in accordance with the financial plan provided that, in the event that the city of Troy fails to so specify, the supervisory board may withhold payment of any of such other obligations or may direct their payment pro rata. (e) Notwithstanding anything to the contrary in subdivision (a) of this section, so long as any bonds or notes issued pursuant to this act are outstanding, all revenues pledged as additional security for any bonds or notes in accordance with subdivision (a) of section nine of this act shall be revenues of the supervisory board fund and shall be for the account of the city of Troy, but disbursement shall be made by the supervisory board to the municipal assistance corporation for the city of Troy or to such other person in accordance with the terms and conditions of any pledge of such revenues to the payment of principal of and interest on any bonds or notes as permitted by subdivision (a) of section nine of this act.(f) The supervisory board shall cause to be performed such pre-audit and post-audit reviews of the supervisory board fund and disbursements therefrom as it may determine.N.Y. CCity of Troy Issuance of Serial Bonds Law § 8