State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-10 > 1226-r

§  1226-r. Exemption from taxes, assessments and certain fees.  1. The  authority shall not be required to  pay  any  fees,  taxes,  special  ad  valorem levies or assessments, whether state or local, including but not  limited to fees, taxes, special ad valorem levies or assessments on real  property,  franchise  taxes, sales taxes or other excise taxes, upon any  property owned by it or under its jurisdiction, control or  supervision,  or  upon  the  uses thereof, or upon its activities in the operation and  maintenance of its facilities  or  any  fares,  tolls,  rentals,  rates,  charges,  fees,  revenues  or  other  income  received by the authority.  Notwithstanding the previous sentence, the authority shall  be  required  to  pay water and pure water fees or charges as may be negotiated by any  public corporation. The authority shall at all times be exempt from  any  filing,  mortgage  recording  or  transfer  fees or taxes in relation to  instruments filed, recorded or transferred by it or on its  behalf.  The  construction, use, occupation or possession of any property owned by the  authority  or  the county, including improvements thereon, by any person  or public corporation under a lease, lease and  sublease  or  any  other  agreement   shall  not  operate  to  abrogate  or  limit  the  foregoing  exemption, notwithstanding that the lessee, user, occupant or person  in  possession shall claim ownership for federal income tax purposes.    2.  Any  bonds  issued pursuant to this title together with the income  there from as well as the property of the authority shall at  all  times  be  exempt  from  taxes, except for transfer and estate taxes. The state  hereby covenants with the purchasers and with all subsequent holders and  transferees of bonds issued by the authority pursuant to this title,  in  consideration  of  the acceptance of and payment for the bonds, that the  bonds of the authority issued pursuant to  this  title  and  the  income  therefrom and all revenues, monies, and other property pledged to secure  the  payment  of  such  bonds  shall at all times be free from taxation,  except for transfer and estate taxes.    3. Notwithstanding the foregoing, the water board shall  pay  to  each  municipality  and  each  school district as hereinafter provided located  either in the service  area  or  within  municipalities  in  which  real  property of the water board is located in monthly payments commencing on  the first day of the fiscal year of such municipality or school district  in  the year succeeding the calendar year in which this title shall take  effect:    (a) to all school districts annually determined by the water board  to  have lost real property tax revenues as a consequence of the transfer of  any previously taxable real property by either the board of water supply  or  any  municipality  to  the  water  board,  the  sum  of nine hundred  seventy-five thousand dollars in the first  fiscal  year  and  such  sum  annually  thereafter  in  each of the next twenty-two years equal to the  sum so paid the preceding year decreased  by  forty-two  thousand  three  hundred  ninety-one  dollars,  the  amount to be paid to each individual  school district  to  be  determined  annually  by  the  water  board  in  proportion  to  the  amount of real property taxes received by each such  school district from the board of water supply in fiscal  year  nineteen  hundred ninety-three--nineteen hundred ninety-four;    (b)  to  each  town  which  the  water  board annually determines will  provide services to the water board during  the  next  ensuing  calendar  year,  for  a  period  of  forty  years  commencing in the calendar year  succeeding the year after the date  of  enactment  of  this  title,  the  annual  sum of seventy-four thousand seven hundred thirty-seven dollars,  which sum shall be increased  every  sixth  year  by  five  per  centum;  provided,  that  the  town  of  Trenton  shall  initially  receive sixty  thousand dollars of such initial aggregate  amount  with  the  remainder  being  distributed  to the town of Russia in the amount of nine thousandfive hundred dollars, to the town  of  Norway  in  the  amount  of  four  thousand  three  hundred  eighteen  dollars,  to the town of Ohio in the  amount of eight hundred ninety-four dollars and to the town of Salisbury  in the amount of twenty-five dollars; which such amounts being increased  by  such five per centum as herein provided, and thereafter as the water  board shall determine;    (c) to the county of Oneida, in each year during which the  auditorium  commonly  known  as  the  Utica  memorial auditorium, as the same may be  reconstructed, enlarged or modified, or replaced by a building serving a  similar function at a different location within the service area,  shall  be  operated  as  an  auditorium for the benefit of the residents of the  county of Oneida or any portion thereof, the annual sum of five  hundred  thousand  dollars,  which sum shall be increased every sixth year by ten  per centum, for a period of forty years; and  thereafter  as  the  water  board shall determine;    (d)  to  the  city  of  Utica, the sum of two hundred thousand dollars  during each of the next ten  years,  commencing  in  the  calendar  year  succeeding  the  year after the date of enactment of this title; the sum  of three hundred fifty thousand dollars in each of  the  following  five  years;  the  sum  of four hundred fifty-five thousand dollars in each of  the following five years; the sum of three hundred seventy-five thousand  dollars in each of the following five years; the  sum  of  four  hundred  twenty-five  thousand  dollars  in each of the following five years; the  sum of four  hundred  seventy-five  thousand  dollars  in  each  of  the  following  five  years;  the  sum  of  five hundred twenty-five thousand  dollars in each of the following five years; and thereafter as the water  board shall determine.    Notwithstanding any other provision of this section,  any  payment  in  lieu of tax payments described in paragraph (a), (b), (c) or (d) of this  subdivision,  (i)  may  be  decreased  at  any  time  for  any period by  resolution of the governing body of the  water  board  approved  by  the  affirmative  vote  of at least seventy-five per centum of such governing  body and provided further that any such decrease shall  be  uniform  for  all  payment  in  lieu of tax payments to the affect that any percentage  decrease to any municipality or school district shall be equally reduced  to each other municipality or school district, and  (ii)  as  the  water  board  shall  determine,  be  in priority to or subordinate to any other  payments required to be made pursuant to this title, including,  without  limitation,  the  payment  of  sums  to  the authority or to any trustee  representing the holders of any bonds issued by the authority.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-10 > 1226-r

§  1226-r. Exemption from taxes, assessments and certain fees.  1. The  authority shall not be required to  pay  any  fees,  taxes,  special  ad  valorem levies or assessments, whether state or local, including but not  limited to fees, taxes, special ad valorem levies or assessments on real  property,  franchise  taxes, sales taxes or other excise taxes, upon any  property owned by it or under its jurisdiction, control or  supervision,  or  upon  the  uses thereof, or upon its activities in the operation and  maintenance of its facilities  or  any  fares,  tolls,  rentals,  rates,  charges,  fees,  revenues  or  other  income  received by the authority.  Notwithstanding the previous sentence, the authority shall  be  required  to  pay water and pure water fees or charges as may be negotiated by any  public corporation. The authority shall at all times be exempt from  any  filing,  mortgage  recording  or  transfer  fees or taxes in relation to  instruments filed, recorded or transferred by it or on its  behalf.  The  construction, use, occupation or possession of any property owned by the  authority  or  the county, including improvements thereon, by any person  or public corporation under a lease, lease and  sublease  or  any  other  agreement   shall  not  operate  to  abrogate  or  limit  the  foregoing  exemption, notwithstanding that the lessee, user, occupant or person  in  possession shall claim ownership for federal income tax purposes.    2.  Any  bonds  issued pursuant to this title together with the income  there from as well as the property of the authority shall at  all  times  be  exempt  from  taxes, except for transfer and estate taxes. The state  hereby covenants with the purchasers and with all subsequent holders and  transferees of bonds issued by the authority pursuant to this title,  in  consideration  of  the acceptance of and payment for the bonds, that the  bonds of the authority issued pursuant to  this  title  and  the  income  therefrom and all revenues, monies, and other property pledged to secure  the  payment  of  such  bonds  shall at all times be free from taxation,  except for transfer and estate taxes.    3. Notwithstanding the foregoing, the water board shall  pay  to  each  municipality  and  each  school district as hereinafter provided located  either in the service  area  or  within  municipalities  in  which  real  property of the water board is located in monthly payments commencing on  the first day of the fiscal year of such municipality or school district  in  the year succeeding the calendar year in which this title shall take  effect:    (a) to all school districts annually determined by the water board  to  have lost real property tax revenues as a consequence of the transfer of  any previously taxable real property by either the board of water supply  or  any  municipality  to  the  water  board,  the  sum  of nine hundred  seventy-five thousand dollars in the first  fiscal  year  and  such  sum  annually  thereafter  in  each of the next twenty-two years equal to the  sum so paid the preceding year decreased  by  forty-two  thousand  three  hundred  ninety-one  dollars,  the  amount to be paid to each individual  school district  to  be  determined  annually  by  the  water  board  in  proportion  to  the  amount of real property taxes received by each such  school district from the board of water supply in fiscal  year  nineteen  hundred ninety-three--nineteen hundred ninety-four;    (b)  to  each  town  which  the  water  board annually determines will  provide services to the water board during  the  next  ensuing  calendar  year,  for  a  period  of  forty  years  commencing in the calendar year  succeeding the year after the date  of  enactment  of  this  title,  the  annual  sum of seventy-four thousand seven hundred thirty-seven dollars,  which sum shall be increased  every  sixth  year  by  five  per  centum;  provided,  that  the  town  of  Trenton  shall  initially  receive sixty  thousand dollars of such initial aggregate  amount  with  the  remainder  being  distributed  to the town of Russia in the amount of nine thousandfive hundred dollars, to the town  of  Norway  in  the  amount  of  four  thousand  three  hundred  eighteen  dollars,  to the town of Ohio in the  amount of eight hundred ninety-four dollars and to the town of Salisbury  in the amount of twenty-five dollars; which such amounts being increased  by  such five per centum as herein provided, and thereafter as the water  board shall determine;    (c) to the county of Oneida, in each year during which the  auditorium  commonly  known  as  the  Utica  memorial auditorium, as the same may be  reconstructed, enlarged or modified, or replaced by a building serving a  similar function at a different location within the service area,  shall  be  operated  as  an  auditorium for the benefit of the residents of the  county of Oneida or any portion thereof, the annual sum of five  hundred  thousand  dollars,  which sum shall be increased every sixth year by ten  per centum, for a period of forty years; and  thereafter  as  the  water  board shall determine;    (d)  to  the  city  of  Utica, the sum of two hundred thousand dollars  during each of the next ten  years,  commencing  in  the  calendar  year  succeeding  the  year after the date of enactment of this title; the sum  of three hundred fifty thousand dollars in each of  the  following  five  years;  the  sum  of four hundred fifty-five thousand dollars in each of  the following five years; the sum of three hundred seventy-five thousand  dollars in each of the following five years; the  sum  of  four  hundred  twenty-five  thousand  dollars  in each of the following five years; the  sum of four  hundred  seventy-five  thousand  dollars  in  each  of  the  following  five  years;  the  sum  of  five hundred twenty-five thousand  dollars in each of the following five years; and thereafter as the water  board shall determine.    Notwithstanding any other provision of this section,  any  payment  in  lieu of tax payments described in paragraph (a), (b), (c) or (d) of this  subdivision,  (i)  may  be  decreased  at  any  time  for  any period by  resolution of the governing body of the  water  board  approved  by  the  affirmative  vote  of at least seventy-five per centum of such governing  body and provided further that any such decrease shall  be  uniform  for  all  payment  in  lieu of tax payments to the affect that any percentage  decrease to any municipality or school district shall be equally reduced  to each other municipality or school district, and  (ii)  as  the  water  board  shall  determine,  be  in priority to or subordinate to any other  payments required to be made pursuant to this title, including,  without  limitation,  the  payment  of  sums  to  the authority or to any trustee  representing the holders of any bonds issued by the authority.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-10 > 1226-r

§  1226-r. Exemption from taxes, assessments and certain fees.  1. The  authority shall not be required to  pay  any  fees,  taxes,  special  ad  valorem levies or assessments, whether state or local, including but not  limited to fees, taxes, special ad valorem levies or assessments on real  property,  franchise  taxes, sales taxes or other excise taxes, upon any  property owned by it or under its jurisdiction, control or  supervision,  or  upon  the  uses thereof, or upon its activities in the operation and  maintenance of its facilities  or  any  fares,  tolls,  rentals,  rates,  charges,  fees,  revenues  or  other  income  received by the authority.  Notwithstanding the previous sentence, the authority shall  be  required  to  pay water and pure water fees or charges as may be negotiated by any  public corporation. The authority shall at all times be exempt from  any  filing,  mortgage  recording  or  transfer  fees or taxes in relation to  instruments filed, recorded or transferred by it or on its  behalf.  The  construction, use, occupation or possession of any property owned by the  authority  or  the county, including improvements thereon, by any person  or public corporation under a lease, lease and  sublease  or  any  other  agreement   shall  not  operate  to  abrogate  or  limit  the  foregoing  exemption, notwithstanding that the lessee, user, occupant or person  in  possession shall claim ownership for federal income tax purposes.    2.  Any  bonds  issued pursuant to this title together with the income  there from as well as the property of the authority shall at  all  times  be  exempt  from  taxes, except for transfer and estate taxes. The state  hereby covenants with the purchasers and with all subsequent holders and  transferees of bonds issued by the authority pursuant to this title,  in  consideration  of  the acceptance of and payment for the bonds, that the  bonds of the authority issued pursuant to  this  title  and  the  income  therefrom and all revenues, monies, and other property pledged to secure  the  payment  of  such  bonds  shall at all times be free from taxation,  except for transfer and estate taxes.    3. Notwithstanding the foregoing, the water board shall  pay  to  each  municipality  and  each  school district as hereinafter provided located  either in the service  area  or  within  municipalities  in  which  real  property of the water board is located in monthly payments commencing on  the first day of the fiscal year of such municipality or school district  in  the year succeeding the calendar year in which this title shall take  effect:    (a) to all school districts annually determined by the water board  to  have lost real property tax revenues as a consequence of the transfer of  any previously taxable real property by either the board of water supply  or  any  municipality  to  the  water  board,  the  sum  of nine hundred  seventy-five thousand dollars in the first  fiscal  year  and  such  sum  annually  thereafter  in  each of the next twenty-two years equal to the  sum so paid the preceding year decreased  by  forty-two  thousand  three  hundred  ninety-one  dollars,  the  amount to be paid to each individual  school district  to  be  determined  annually  by  the  water  board  in  proportion  to  the  amount of real property taxes received by each such  school district from the board of water supply in fiscal  year  nineteen  hundred ninety-three--nineteen hundred ninety-four;    (b)  to  each  town  which  the  water  board annually determines will  provide services to the water board during  the  next  ensuing  calendar  year,  for  a  period  of  forty  years  commencing in the calendar year  succeeding the year after the date  of  enactment  of  this  title,  the  annual  sum of seventy-four thousand seven hundred thirty-seven dollars,  which sum shall be increased  every  sixth  year  by  five  per  centum;  provided,  that  the  town  of  Trenton  shall  initially  receive sixty  thousand dollars of such initial aggregate  amount  with  the  remainder  being  distributed  to the town of Russia in the amount of nine thousandfive hundred dollars, to the town  of  Norway  in  the  amount  of  four  thousand  three  hundred  eighteen  dollars,  to the town of Ohio in the  amount of eight hundred ninety-four dollars and to the town of Salisbury  in the amount of twenty-five dollars; which such amounts being increased  by  such five per centum as herein provided, and thereafter as the water  board shall determine;    (c) to the county of Oneida, in each year during which the  auditorium  commonly  known  as  the  Utica  memorial auditorium, as the same may be  reconstructed, enlarged or modified, or replaced by a building serving a  similar function at a different location within the service area,  shall  be  operated  as  an  auditorium for the benefit of the residents of the  county of Oneida or any portion thereof, the annual sum of five  hundred  thousand  dollars,  which sum shall be increased every sixth year by ten  per centum, for a period of forty years; and  thereafter  as  the  water  board shall determine;    (d)  to  the  city  of  Utica, the sum of two hundred thousand dollars  during each of the next ten  years,  commencing  in  the  calendar  year  succeeding  the  year after the date of enactment of this title; the sum  of three hundred fifty thousand dollars in each of  the  following  five  years;  the  sum  of four hundred fifty-five thousand dollars in each of  the following five years; the sum of three hundred seventy-five thousand  dollars in each of the following five years; the  sum  of  four  hundred  twenty-five  thousand  dollars  in each of the following five years; the  sum of four  hundred  seventy-five  thousand  dollars  in  each  of  the  following  five  years;  the  sum  of  five hundred twenty-five thousand  dollars in each of the following five years; and thereafter as the water  board shall determine.    Notwithstanding any other provision of this section,  any  payment  in  lieu of tax payments described in paragraph (a), (b), (c) or (d) of this  subdivision,  (i)  may  be  decreased  at  any  time  for  any period by  resolution of the governing body of the  water  board  approved  by  the  affirmative  vote  of at least seventy-five per centum of such governing  body and provided further that any such decrease shall  be  uniform  for  all  payment  in  lieu of tax payments to the affect that any percentage  decrease to any municipality or school district shall be equally reduced  to each other municipality or school district, and  (ii)  as  the  water  board  shall  determine,  be  in priority to or subordinate to any other  payments required to be made pursuant to this title, including,  without  limitation,  the  payment  of  sums  to  the authority or to any trustee  representing the holders of any bonds issued by the authority.