State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-2 > 21-00

§ 21.00 Serial bonds. a. Any municipality, school district or district  corporation  may  issue  serial bonds for any object or purpose having a  period of probable usefulness set forth in paragraph a of section  11.00  of  this  chapter  and  for  which  object  or  purpose  it may contract  indebtedness pursuant  to  section  10.00  of  this  chapter;  provided,  however,  that  serial  bonds  shall not be issued by such municipality,  school district or district corporation (1)  in  those  cases  in  which  provision  is  made  in sections 24.00 and 25.00 of this chapter for the  issuance of tax anticipation notes and revenue anticipation notes to  be  issued  in  anticipation of the collection or receipt of taxes, revenues  or assessments, as the case may be, or  (2)  in  those  cases  in  which  provision  is  made in section 29.00 of this chapter for the issuance of  budget notes other than paragraph n of such section,  or  (3)  in  those  cases in which budget notes have been issued under such paragraph n; and  further  provided, however, that nothing contained herein shall prohibit  the issuance of serial bonds by such municipality,  school  district  or  district  corporation for the object or purpose specified in subdivision  sixty of paragraph a of section 11.00 of this chapter.    b. Serial  bonds  shall  mature  in  annual  installments.  The  first  installment  shall  mature not later than eighteen months after the date  of such bonds or two years after the date of the first bond anticipation  note or notes issued in anticipation of such  bonds,  whichever  is  the  earlier,  provided,  however,  that  until  July fifteenth, two thousand  twelve, the first installment shall mature  not  later  than  two  years  after  the  date  of such bonds or two years after the date of the first  bond anticipation note or notes issued in anticipation  of  such  bonds,  whichever is the earlier. However, if bond anticipation notes are issued  in  anticipation of bonds and if a portion of such notes or the renewals  thereof are redeemed from a source other than the proceeds of such bonds  within two years from the date of the first such note  or  notes  and  a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so   redeemed,   the  first  installment  of  such  bonds  may,  in  the  alternative, be made to mature not later than five years from  the  date  of the first such note or notes.    b-1. Notwithstanding the provisions of paragraph b of this section, if  bond  anticipation  notes  are  issued  in  anticipation  of  bonds  for  assessable improvements and if a portion of such notes or  the  renewals  thereof are redeemed from a source other than the proceeds of such bonds  within  two  years  from  the date of the first such note or notes and a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so redeemed, the first installment of such bonds shall mature not  later  than  twelve  months  from  the  last  preceding date such portion is so  redeemed.    c. The last installment of serial bonds shall mature  not  later  than  the  expiration  of  the  period of probable usefulness of the object or  purpose for which such bonds are issued, as computed from  the  date  of  such  bonds  or,  if  bond  anticipation notes shall have been issued in  anticipation thereof, as computed from the date of the earliest note  or  notes so issued.    d.  No annual installment of serial bonds shall be more than fifty per  centum in excess of the smallest prior installment. For the  purpose  of  the preceding sentence, bond anticipation notes, which are redeemed from  a  source other than the proceeds of bonds, shall be deemed to be serial  bonds.  Notwithstanding  the  foregoing,  the  finance  board   of   any  municipality,  school  district or district corporation may determine to  issue bonds and provide for substantially level or declining annual debtservice.  The  determination  of  whether   annual   debt   service   is  substantially  level  or declining shall not take into account the first  twelve months after issuance to the extent that no provision  is  to  be  made for the payment of principal during such period. If a municipality,  school district or district corporation determines to issue bonds with a  substantially  level or declining annual debt service schedule, then the  aggregate amount of debt service payable in each year shall  not  exceed  the lowest aggregate amount of debt service payable in any prior year by  more  than  the  greater  of  five  percent or ten thousand dollars. For  purposes of this paragraph,  debt  service  shall  include  all  of  the  following  scheduled to become due: principal, redemption price, sinking  fund installments  or  contributions,  and  interest.  For  purposes  of  determining  whether debt service is substantially level or declining on  bonds issued with a variable rate of interest pursuant to section  54.90  of  this  article,  the finance board shall estimate the average rate of  interest at which fixed interest rate bonds of the same maturities would  be sold and amortize principal based upon such interest rate assumption.  The estimate by the finance board of such interest rate shall be  deemed  final  and  conclusive. If the finance board of the municipality, school  district or district corporation determines that interest on such  bonds  shall  be  compounded  and payable at maturity or prior redemption, such  bonds may be issued only where such  finance  board  has  determined  to  issue  the  bonds  pursuant to a substantially level or declining annual  debt service schedule unless accrued interest is  contributed  at  least  annually  to  a  sinking  fund in accordance with section two of article  VIII of the constitution and the procedures of  section  22.10  of  this  title. A municipality, school district or district corporation providing  for  substantially  level  or  declining  debt  service  may provide for  contracting such indebtedness as serial bonds, as sinking fund bonds, as  term bonds, or as any combination thereof.  Term  bonds  may  be  issued  under  the  authority  of  this  paragraph  with a stated maturity and a  schedule of mandatory redemptions prior thereto, providing  (with  other  bonds  of  the  same issue, if any) for substantially level or declining  debt service.    e. Serial bonds shall be redeemed by an annual appropriation.    f. Notwithstanding the provisions  of  paragraphs  b  and  d  of  this  section:    1.  The  first  installment  of serial bonds issued for the purpose of  providing  moneys  out  of  which  to  make  loans  to  or  in  aid   of  limited-profit  housing companies pursuant to article two of the private  housing finance law, or loans to owners of existing  multiple  dwellings  pursuant  to article eight of the private housing finance law, or issued  for the purpose of providing moneys for the effectuating  of  any  urban  renewal  program  or part thereof pursuant to the general municipal law,  may mature not later than five years after the date of issuance of  such  bonds  or  six  years  after  the  date  of  issuance  of the first bond  anticipation note  or  notes  issued  in  anticipation  of  such  bonds,  whichever  is  earlier; provided, however, that if the bond anticipation  notes or renewals thereof issued in anticipation of  such  serial  bonds  extend  more  than  five  years  beyond the original date of such issue,  pursuant to the provisions of paragraph  b  of  section  23.00  of  this  chapter, the first installment of such serial bonds may mature not later  than  such  number  of years after the date of issuance of such bonds or  such number of years plus one after the original  date  of  issuance  of  such notes, whichever is earlier; and    2. The annual installments of serial bonds issued for such purpose and  for the purpose of providing moneys out of which to make loans to owners  of  existing multiple dwellings pursuant to article eight of the privatehousing finance law may be computed in such manner  that  the  total  of  principal  and  interest required to be paid in each year beginning with  the year in which the first installment is due,  will  be  approximately  equal to the total of principal and interest required to be paid in each  succeeding year of the period for which such bonds were issued.

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-2 > 21-00

§ 21.00 Serial bonds. a. Any municipality, school district or district  corporation  may  issue  serial bonds for any object or purpose having a  period of probable usefulness set forth in paragraph a of section  11.00  of  this  chapter  and  for  which  object  or  purpose  it may contract  indebtedness pursuant  to  section  10.00  of  this  chapter;  provided,  however,  that  serial  bonds  shall not be issued by such municipality,  school district or district corporation (1)  in  those  cases  in  which  provision  is  made  in sections 24.00 and 25.00 of this chapter for the  issuance of tax anticipation notes and revenue anticipation notes to  be  issued  in  anticipation of the collection or receipt of taxes, revenues  or assessments, as the case may be, or  (2)  in  those  cases  in  which  provision  is  made in section 29.00 of this chapter for the issuance of  budget notes other than paragraph n of such section,  or  (3)  in  those  cases in which budget notes have been issued under such paragraph n; and  further  provided, however, that nothing contained herein shall prohibit  the issuance of serial bonds by such municipality,  school  district  or  district  corporation for the object or purpose specified in subdivision  sixty of paragraph a of section 11.00 of this chapter.    b. Serial  bonds  shall  mature  in  annual  installments.  The  first  installment  shall  mature not later than eighteen months after the date  of such bonds or two years after the date of the first bond anticipation  note or notes issued in anticipation of such  bonds,  whichever  is  the  earlier,  provided,  however,  that  until  July fifteenth, two thousand  twelve, the first installment shall mature  not  later  than  two  years  after  the  date  of such bonds or two years after the date of the first  bond anticipation note or notes issued in anticipation  of  such  bonds,  whichever is the earlier. However, if bond anticipation notes are issued  in  anticipation of bonds and if a portion of such notes or the renewals  thereof are redeemed from a source other than the proceeds of such bonds  within two years from the date of the first such note  or  notes  and  a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so   redeemed,   the  first  installment  of  such  bonds  may,  in  the  alternative, be made to mature not later than five years from  the  date  of the first such note or notes.    b-1. Notwithstanding the provisions of paragraph b of this section, if  bond  anticipation  notes  are  issued  in  anticipation  of  bonds  for  assessable improvements and if a portion of such notes or  the  renewals  thereof are redeemed from a source other than the proceeds of such bonds  within  two  years  from  the date of the first such note or notes and a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so redeemed, the first installment of such bonds shall mature not  later  than  twelve  months  from  the  last  preceding date such portion is so  redeemed.    c. The last installment of serial bonds shall mature  not  later  than  the  expiration  of  the  period of probable usefulness of the object or  purpose for which such bonds are issued, as computed from  the  date  of  such  bonds  or,  if  bond  anticipation notes shall have been issued in  anticipation thereof, as computed from the date of the earliest note  or  notes so issued.    d.  No annual installment of serial bonds shall be more than fifty per  centum in excess of the smallest prior installment. For the  purpose  of  the preceding sentence, bond anticipation notes, which are redeemed from  a  source other than the proceeds of bonds, shall be deemed to be serial  bonds.  Notwithstanding  the  foregoing,  the  finance  board   of   any  municipality,  school  district or district corporation may determine to  issue bonds and provide for substantially level or declining annual debtservice.  The  determination  of  whether   annual   debt   service   is  substantially  level  or declining shall not take into account the first  twelve months after issuance to the extent that no provision  is  to  be  made for the payment of principal during such period. If a municipality,  school district or district corporation determines to issue bonds with a  substantially  level or declining annual debt service schedule, then the  aggregate amount of debt service payable in each year shall  not  exceed  the lowest aggregate amount of debt service payable in any prior year by  more  than  the  greater  of  five  percent or ten thousand dollars. For  purposes of this paragraph,  debt  service  shall  include  all  of  the  following  scheduled to become due: principal, redemption price, sinking  fund installments  or  contributions,  and  interest.  For  purposes  of  determining  whether debt service is substantially level or declining on  bonds issued with a variable rate of interest pursuant to section  54.90  of  this  article,  the finance board shall estimate the average rate of  interest at which fixed interest rate bonds of the same maturities would  be sold and amortize principal based upon such interest rate assumption.  The estimate by the finance board of such interest rate shall be  deemed  final  and  conclusive. If the finance board of the municipality, school  district or district corporation determines that interest on such  bonds  shall  be  compounded  and payable at maturity or prior redemption, such  bonds may be issued only where such  finance  board  has  determined  to  issue  the  bonds  pursuant to a substantially level or declining annual  debt service schedule unless accrued interest is  contributed  at  least  annually  to  a  sinking  fund in accordance with section two of article  VIII of the constitution and the procedures of  section  22.10  of  this  title. A municipality, school district or district corporation providing  for  substantially  level  or  declining  debt  service  may provide for  contracting such indebtedness as serial bonds, as sinking fund bonds, as  term bonds, or as any combination thereof.  Term  bonds  may  be  issued  under  the  authority  of  this  paragraph  with a stated maturity and a  schedule of mandatory redemptions prior thereto, providing  (with  other  bonds  of  the  same issue, if any) for substantially level or declining  debt service.    e. Serial bonds shall be redeemed by an annual appropriation.    f. Notwithstanding the provisions  of  paragraphs  b  and  d  of  this  section:    1.  The  first  installment  of serial bonds issued for the purpose of  providing  moneys  out  of  which  to  make  loans  to  or  in  aid   of  limited-profit  housing companies pursuant to article two of the private  housing finance law, or loans to owners of existing  multiple  dwellings  pursuant  to article eight of the private housing finance law, or issued  for the purpose of providing moneys for the effectuating  of  any  urban  renewal  program  or part thereof pursuant to the general municipal law,  may mature not later than five years after the date of issuance of  such  bonds  or  six  years  after  the  date  of  issuance  of the first bond  anticipation note  or  notes  issued  in  anticipation  of  such  bonds,  whichever  is  earlier; provided, however, that if the bond anticipation  notes or renewals thereof issued in anticipation of  such  serial  bonds  extend  more  than  five  years  beyond the original date of such issue,  pursuant to the provisions of paragraph  b  of  section  23.00  of  this  chapter, the first installment of such serial bonds may mature not later  than  such  number  of years after the date of issuance of such bonds or  such number of years plus one after the original  date  of  issuance  of  such notes, whichever is earlier; and    2. The annual installments of serial bonds issued for such purpose and  for the purpose of providing moneys out of which to make loans to owners  of  existing multiple dwellings pursuant to article eight of the privatehousing finance law may be computed in such manner  that  the  total  of  principal  and  interest required to be paid in each year beginning with  the year in which the first installment is due,  will  be  approximately  equal to the total of principal and interest required to be paid in each  succeeding year of the period for which such bonds were issued.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-2 > 21-00

§ 21.00 Serial bonds. a. Any municipality, school district or district  corporation  may  issue  serial bonds for any object or purpose having a  period of probable usefulness set forth in paragraph a of section  11.00  of  this  chapter  and  for  which  object  or  purpose  it may contract  indebtedness pursuant  to  section  10.00  of  this  chapter;  provided,  however,  that  serial  bonds  shall not be issued by such municipality,  school district or district corporation (1)  in  those  cases  in  which  provision  is  made  in sections 24.00 and 25.00 of this chapter for the  issuance of tax anticipation notes and revenue anticipation notes to  be  issued  in  anticipation of the collection or receipt of taxes, revenues  or assessments, as the case may be, or  (2)  in  those  cases  in  which  provision  is  made in section 29.00 of this chapter for the issuance of  budget notes other than paragraph n of such section,  or  (3)  in  those  cases in which budget notes have been issued under such paragraph n; and  further  provided, however, that nothing contained herein shall prohibit  the issuance of serial bonds by such municipality,  school  district  or  district  corporation for the object or purpose specified in subdivision  sixty of paragraph a of section 11.00 of this chapter.    b. Serial  bonds  shall  mature  in  annual  installments.  The  first  installment  shall  mature not later than eighteen months after the date  of such bonds or two years after the date of the first bond anticipation  note or notes issued in anticipation of such  bonds,  whichever  is  the  earlier,  provided,  however,  that  until  July fifteenth, two thousand  twelve, the first installment shall mature  not  later  than  two  years  after  the  date  of such bonds or two years after the date of the first  bond anticipation note or notes issued in anticipation  of  such  bonds,  whichever is the earlier. However, if bond anticipation notes are issued  in  anticipation of bonds and if a portion of such notes or the renewals  thereof are redeemed from a source other than the proceeds of such bonds  within two years from the date of the first such note  or  notes  and  a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so   redeemed,   the  first  installment  of  such  bonds  may,  in  the  alternative, be made to mature not later than five years from  the  date  of the first such note or notes.    b-1. Notwithstanding the provisions of paragraph b of this section, if  bond  anticipation  notes  are  issued  in  anticipation  of  bonds  for  assessable improvements and if a portion of such notes or  the  renewals  thereof are redeemed from a source other than the proceeds of such bonds  within  two  years  from  the date of the first such note or notes and a  further portion thereof shall be so redeemed prior to the termination of  each twelve months' period succeeding the date such original portion was  so redeemed, the first installment of such bonds shall mature not  later  than  twelve  months  from  the  last  preceding date such portion is so  redeemed.    c. The last installment of serial bonds shall mature  not  later  than  the  expiration  of  the  period of probable usefulness of the object or  purpose for which such bonds are issued, as computed from  the  date  of  such  bonds  or,  if  bond  anticipation notes shall have been issued in  anticipation thereof, as computed from the date of the earliest note  or  notes so issued.    d.  No annual installment of serial bonds shall be more than fifty per  centum in excess of the smallest prior installment. For the  purpose  of  the preceding sentence, bond anticipation notes, which are redeemed from  a  source other than the proceeds of bonds, shall be deemed to be serial  bonds.  Notwithstanding  the  foregoing,  the  finance  board   of   any  municipality,  school  district or district corporation may determine to  issue bonds and provide for substantially level or declining annual debtservice.  The  determination  of  whether   annual   debt   service   is  substantially  level  or declining shall not take into account the first  twelve months after issuance to the extent that no provision  is  to  be  made for the payment of principal during such period. If a municipality,  school district or district corporation determines to issue bonds with a  substantially  level or declining annual debt service schedule, then the  aggregate amount of debt service payable in each year shall  not  exceed  the lowest aggregate amount of debt service payable in any prior year by  more  than  the  greater  of  five  percent or ten thousand dollars. For  purposes of this paragraph,  debt  service  shall  include  all  of  the  following  scheduled to become due: principal, redemption price, sinking  fund installments  or  contributions,  and  interest.  For  purposes  of  determining  whether debt service is substantially level or declining on  bonds issued with a variable rate of interest pursuant to section  54.90  of  this  article,  the finance board shall estimate the average rate of  interest at which fixed interest rate bonds of the same maturities would  be sold and amortize principal based upon such interest rate assumption.  The estimate by the finance board of such interest rate shall be  deemed  final  and  conclusive. If the finance board of the municipality, school  district or district corporation determines that interest on such  bonds  shall  be  compounded  and payable at maturity or prior redemption, such  bonds may be issued only where such  finance  board  has  determined  to  issue  the  bonds  pursuant to a substantially level or declining annual  debt service schedule unless accrued interest is  contributed  at  least  annually  to  a  sinking  fund in accordance with section two of article  VIII of the constitution and the procedures of  section  22.10  of  this  title. A municipality, school district or district corporation providing  for  substantially  level  or  declining  debt  service  may provide for  contracting such indebtedness as serial bonds, as sinking fund bonds, as  term bonds, or as any combination thereof.  Term  bonds  may  be  issued  under  the  authority  of  this  paragraph  with a stated maturity and a  schedule of mandatory redemptions prior thereto, providing  (with  other  bonds  of  the  same issue, if any) for substantially level or declining  debt service.    e. Serial bonds shall be redeemed by an annual appropriation.    f. Notwithstanding the provisions  of  paragraphs  b  and  d  of  this  section:    1.  The  first  installment  of serial bonds issued for the purpose of  providing  moneys  out  of  which  to  make  loans  to  or  in  aid   of  limited-profit  housing companies pursuant to article two of the private  housing finance law, or loans to owners of existing  multiple  dwellings  pursuant  to article eight of the private housing finance law, or issued  for the purpose of providing moneys for the effectuating  of  any  urban  renewal  program  or part thereof pursuant to the general municipal law,  may mature not later than five years after the date of issuance of  such  bonds  or  six  years  after  the  date  of  issuance  of the first bond  anticipation note  or  notes  issued  in  anticipation  of  such  bonds,  whichever  is  earlier; provided, however, that if the bond anticipation  notes or renewals thereof issued in anticipation of  such  serial  bonds  extend  more  than  five  years  beyond the original date of such issue,  pursuant to the provisions of paragraph  b  of  section  23.00  of  this  chapter, the first installment of such serial bonds may mature not later  than  such  number  of years after the date of issuance of such bonds or  such number of years plus one after the original  date  of  issuance  of  such notes, whichever is earlier; and    2. The annual installments of serial bonds issued for such purpose and  for the purpose of providing moneys out of which to make loans to owners  of  existing multiple dwellings pursuant to article eight of the privatehousing finance law may be computed in such manner  that  the  total  of  principal  and  interest required to be paid in each year beginning with  the year in which the first installment is due,  will  be  approximately  equal to the total of principal and interest required to be paid in each  succeeding year of the period for which such bonds were issued.