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nants and observe the restrictions contained in such instruments; and furthermore the owner of any property which the authority is authorized to acquire is hereby authorized to sell or otherwise transfer the same to the authority, whereupon the authority, shall become charged with the performance of all public duties with respect to such property with which such owner was charged and such owner shall become discharged from the performance thereof;

To develop, construct, operate, maintain, manage or contract for the operation, maintenance or management of Murnane Field; to allow the

of Murnane Field by professional athletic teams for the conduct of professional and amateur athletic events and activities related thereto and. in its discretion, other organized public use and to allow the use of Murnane Field by the Utica city school district for the organized use of its students, subject only, to general rules for the use of such sports facility and reasonable scheduling requirements; to contract for the operation and maintenance of the sports facility under its jurisdiction or for services to be performed in connection therewith; to rent parts thereof and to grant concessions, all on such terms and conditions as it may determine;

6. To lease the project of the authority to the county or any other municipality in the county, or any instrumentality thereof, terms and conditions shall be determined by the authority, the county, the municipality or such instrumentality, as the case may be;

7. to apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or

approvals of its plans projects as it may deem necessary or advisable, and upon such terms and conditions as it may deem appropriate, and to accept, in its discretion, such licenses, permits or approvals as may be tendered to it by such agencies and officials;

8. To make plans and studies necessary, convenient or desirable for the effectuation of the purposes and powers of the authority and to prepare recommendations in regard thereto; 9. To enter ироп

such lands or premises as in the judgment of the authority shall be necessary for the purpose of making surveys,

soundings, borings and examinations to accomplish any purpose authorized by this title, the authority being liable only for actual damage done;

10. To apply for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source, for any

all of the purposes specified in this title, and to comply, subject to the provisions of this title with the terms and conditions thereotes enter

authorities, municipalities, district corporations, individuals

corporations, within without the

county,

for any lawful purposes necessary or desirable to effect the purposes of this title upon such terms and ditions as shall be determined to be reasonable;

12. To make bylaws and rules for the management and regulation of its affairs and for the regulation of any project. A copy of such bylaws and rules, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the county clerk of the county and shall be published thereafter once in each of two newspapers having a general circulation in the county. Violations of such rules shall be punishable by, fine, not exceeding fifty dollars, or by imprisonment for not longer than thirty days, or both;

13. To fix rates and collect charges for the use of the project so to provide revenues sufficient at all times to pay, as the same

shall become due, the expense of operating and maintaining the project of the authority together with proper reserves for maintenance,

contingencies and all other obligations and indebtedness of the authority;

14. With the consent of the county board of legislators,'to use officers and employees of the county, including the county attorney's of fice, and to pay a proper portion of compensation or costs for the services of such officers or employees; and

15. To do all things necessary, convenient or desirable to carry out its purposes and for the exercise of the powers granted in this title.

§ 2052-e. Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by county or other municipality for authority, contracts with county or other municipality; use of Murnane Field by Utica city school district. 1. In addition to any powers granted

to it by law, the county board of legislators, or the

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finance board, as such term is defined in the local finance law, of any other municipality in the county may, from time to time, appropriate by resolution sums of money for, purposes of the authority to defray project costs or any other costs and expenses of the authority or to pay amounts payable or anticipated to be payable to the authority pursuant to any contract or lease authorized by this title. Such

county board of legislators or finance board may determine if the moneys so appropriated shall be subject to repayment by the authority to the appropriate' municipality and, in such event, the manner and time

times for such repayment. In the event there shall remain at the end of any fiscal year of the county or any such municipality an unexpended balance of any such appropriation, such unexpended balance shall remain on deposit in the fund or account and such appropriation shall not lapse.

2. Notwithstanding the provisions of any other law, general, special or local to the contrary, real property acquired by the authority, the county or any other municipality from the state may be used for any corporate purpose of the authority.

3. The county, one or more municipalities and the authority shall have the power to contract, from time to time, between or among

themselves, in relation to the use of the project of the authority, which contracts use of such project by the county or such municipality for a specified period of time; (b) limiting the right, including a prohibition, of the county any such municipality to construct a sports facility which will serve the same, or substantially the same, function as the project owned, leased

to be constructed or leased by the authority; (C) providing for specified minimum periodic payments whether or not a project is actually used, subject to such limitations, exceptions and provisions therein; and (d) requiring the county or any such municipality to pay to the authority such amounts as shall be necessary to assure the continued operation of the authority. All such payments shall be determined and paid in such manner and at such times as may be provided in such contracts. 4. Any gift, grant, sale, conveyance, loan, contract

lease authorized by this section may be made or entered into by the county, any other such municipality and/or the authority and no such gift, grant, sale, conveyance, loan, contract or lease shall be subject to referendum, permissive or otherwise.

5. Notwithstanding the provisions of any other law, general, special or local to the contrary, the authority shall allow the Utica city school district to use Murnane Field, and the Utica city school district shall be authorized to use Murnane Field, for the use of its students, subject only, to general rules for the use of such sports facility and reasonable scheduling requirements, without charge to said school district, except for reimbursement of actual expenses occasioned by its

§ 2052-f. Governmental capacity of the authority and municipalities. The authority, the county and the other, municipalities, in carrying out their respective powers and duties under this title, shall be deemed to be acting in a governmental capacity and in the performance of an essential governmental function.

, 2052-8. Transfer of officers and employees, Any public officer or employee under civil service who is selected by the authority may, with the consent

of the commission, board or chief executive officer of the municipality by which he or she has been employed, be transferred to the authority and shall be eligible for such transfer and appointment without examination to comparable offices, positions and employment der the authority: The salary or compensation of any such officer or employee, after such transfer, shall be paid by the authority. Any such officers or employees so transferred to the authority pursuant to this section, who are members of or benefit under any existing pension retirement fund or system,

shall continue to have all rights, privileges, obligations and status with respect to such fund system are now prescribed by law, but, during the period of their employment by the authority, all contributions to such funds or systems to be paid by the employer on account of such officers or employees shall be paid by the authority. All such officers or employees transferred to the authority who have been appointed to positions under the rules and classifications of the civil service commission shall have the

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with respect thereto after transfer to the authority as they had under their original appointment.

5 2052-h. Moneys of the authority. All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority, to the

county commissioner of finance as agent of the authority if the board shall so determine, and shall be deposited forthwith in a bank

banks in the state designated by the board. The moneys in such accounts shall be paid out on check of the treasurer county commissioner of finance, as the case may be, upon requisition by the board or of such other person or persons as the board may authorize to make such requisitions. All deposits of such moneys shall be secured by obligations of the United States or of the state or of the county other municipality within the county of a market value equal at all times to the amount on deposit and all banks and trust companies authorized to give such security for such deposits. Any moneys of the authority not required for immediate use or, disbursement

at the discretion of the authority, be invested in those obligations specified pursuant to the provisions of section ninety-eight-a of the state finance law. With the approval of the comptroller, the authority shall prescribe

a system of accounts. 2052-1. Exemption

from taxes, assessments and certain fees. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the county and the state and is a public purpose and the authority shall be regarded as performing a governmental function in the exercise of the powers conferred upon it by this title and shall not be required to pay any taxes, special ad valorem levies or special assess ments upon any property owned by it or under its jurisdiction, control or supervision or upon its activities or any filing, recording or transfer fees or taxes in relation to instruments filed, recorded transferred by it or on its behalf.

§ 2052-). Actions against authority. 1. No action or special proceed; ing shall be prosecuted or maintained against the authority for personal in jury damage to real personal property alleged to have been sustained by reason of the negligence or wrongful act of the authority or of any member, officer, agent or employee thereof, unless (a) a notice of claim shall have been made and served upon the authority within the time limit prescribed by and in compliance with section fifty-e of the general municipal law, (b) it shall appear by and as an allegation in the complaint or moving papers that at least thirty days have elapsed since the service of such notice and that adjustment or payment thereof has been neglected or refused, and (c) the action or special proceeding shall be commenced within one year and ninety days after the happening of the event upon which the claim is based.

2. Wherever a notice of claim is served upon the authority, it shall have the right to demand an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made, in accordance with the provisions of section fifty-h of

the gene eral municipal law.

3. The authority may require any person presenting for settlement an account or claim for any cause whatever against the authority,

before a member, counsel, officer or employee of the authority designated for such purpose concerning such account or claim and, when

Sworn, to answer orally as to any facts relative to such account or claim. The authority shall have power' to settle or ad just all claims

in favor of or against the authority.

4. The rate of interest to be paid by the authority upon any judgment for which it is liable shall be the rate prescribed by section three-a of the general municipal law.

§ 2052-k. Construction and purchase contracts. The authority shall let contracts for construction or purchase of supplies, materials, or equipment pursuant to sections one hundred one and one hundred three of the general municipal law; Nothing in this section shall be construed to I imit the powers of the authority to do any construction directly by the officers, agents and employees of the authority.

$ 2052-1. Interest in contracts prohibited. It shall be a misdemeanor for any member of the board or any officer, agent, servant employee of the authority to be in any way or manner interested, directly or indirectly, in the furnishing, of work, materials, supplies or labor or in any contract therefor which the authority is empowered by this title to make.

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§ 2052-1. Authority shall be deemed state agency. For the purposes of article fifteen-A of the executive law only, the authority shall be deemed a state agency as that tern is used in such article, and its contracts for design, construction, services and materials shall be deemed state contracts within the meaning of that term as set forth in such article.

$ 2052-1. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the authority shall be subject to the supervision of the comptroller. The authority shall annually submit to the governor and comptroller and to the state legislature a detailed report pursuant to the provisions of section two thousand eight hundred of title one of article nine of this chapter, and a copy of such report shall be filed with the county executive and with the county board of legislators. The authority shall ply with the provisions of sections two thousand eight hundred one, two thousand eight' hundred two and two thousand eight hundred three of title one of article nine of this chapter.

§ 2052-0. Books and records. The county comptroller and his legally authorized representatives are authorized and empowered from time to time to examine the accounts and books of the authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other records and papers relating to its financial standing.

$ 2052-P. Limited liability. Neither the members of the board, nor any municipality, officer or employee acting in its behalf, while acting within the scope of their authority, shall be subject to any personal liability resulting from the construction, maintenance or operation of any of the projects of the authority or from carrying out any of the powers expressly given in this title; provided, however, that this

section shall not be held to apply to any independent contractor. § 2052-9. Environmental Environmental applications, proceedings,

proceedings, approvals and permits, l. Any application in relation to the purposes of

contemplated by this title heretofore filed, or any proceeding heretofore commenced, or any determination or decision heretofore made by the county or any municipality and sent to or filed with the state department of environmental conservation or any other state agency or instrumentality or with the United States environmental protection agency or any other federal agency or instrumentality shall inure to and for the benefit of the authority to the

extent and in the same manner as if the authority had been a party to such application or proceeding from

its inception, and the authority shall be deemed a party thereto, to the extent not prohibited by any federal law. Any license, approval, permit or decision 'heretofore or hereafter issued or granted pursuant to or as a result of any such application or proceeding shall inure to the benefit of and be ' binding upon the authority and shall be assigned and transferred by, the county or any such municipality to the authority, unless such assignment and transfer is prohibited by federal law. 2. , All such applications, proceedings, licenses, approvals, permits and decisions shall further inure to and for the benefit of and be bind ing upon any person leasing, acquiring, constructing, maintaining, using or occupying any project financed in whole or in part by the authority:

§ 2052-r. Separability. If any section, clause or provision in this title shall be held by a competent court to be unconstitutional or ineffective

ina whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and по

other section, clause or provision shall on account thereof be deemed invalid or ineffective.

§ 2052-s. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other act,, general or special, or of any charter, local law, ordinance or resolution of the county, or other municipality, the provisions of this title shall be controlling. Nothing contained in this section shall be held to supplement or otherwise expand the powers

duties of the authorityotherwise set forth in this title. Nothing contained in this title shall be held to alter or abridge the powers and duties of the department of environmental conservation or the department of health.

§ 3. This act shall take effect immediately.
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CHAPTER 684

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AN ACT to amend the local finance law, in relation to bonds and notes of

the city of Yonkers Became a law July 31, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 54.40 of the local finance law, as amended by chapter 270 of the laws of 1991, is amended to read as follows:

5 54.40 Bonds and notes of the city of Yonkers. Subject to the provi, sions of the New York state financial emergency act of nineteen hundred eighty-four for the city of Yonkers, to facilitate the marketing of any issue of serial bonds or notes of the city of Yonkers issued before June thirtieth, nineteen hundred [ninety-two) ninety-three, such city may, notwithstanding any limitations

private sales of bonds provided by law, and subject to approval by the state comptroller of the terms and conditions of such sale: (a) arrange for the underwriting of its bonds or notes at private sale through negotiated agreement, compensation for such underwriting to be provided by negotiated fee or by sale of such bonds or notes to an underwriter at a price of less than the sum of par value of, and the accrued interest on, such obligations;

or (b) arrange

for

the private sale of its bonds or notes through negotiated agreement, compensation for such sales to be provided by negotiated fee, if required. The cost of such underwriting or private placement shall be deemed a preliminary cost for purposes of section 11.00 of this chapter.

§ 2. This act shall take effect immediately.

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CHAPTER 685
AN ACT to amend the tax law, in relation to the method of disposition of

sales and compensating use tax revenue in Westchester county
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Subdivision 3 of section 1262-b of the tax law, as added by chapter 272 of the laws of 1991, is amended to read as follows:

3. The quarterly allocation of cash to cities, towns, villages and school districts provided for under subdivision two of this section may be made after payment by the state comptroller to the county of the revenues subject to such allocation and receipt by the county commissioner of finance of the quarterly settlement report issued by the state department of taxation and finance, and may include adjustments for corrections applicable to such allocations. All ratios established by the county commissioner of finance with respect to allocations to cities, towns, villages and school districts under subdivision two of this sec; tion, shall be carried to four decimal places. The cash allocation of net collections under subdivision two of this section shall be made to a town based upon the population of the town less the population of any village therein, provided, that a town/village or village/town shall be deemed a village for the purpose of determining such cash allocation of net collections under subdivision two of this section shall be applied by the cities, towns, villages and school districts receiving such allocation,

credit against the taxes upon real property imposed by such municipalities and school districts,

respectively. The allocation received by towns shall be credited against (general town taxes] real property taxes in either the general fund town-wide or the town outside village fund or a combination thereof. § 2.

This act shall take effect immediately provided that the amendments made by section one of this act shall not affect the expiration date thereof.

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