N.Y. Local Finance Law 135.00 – Statement of total debt; inclusions in ascertaining gross indebtedness
§ 135.00 Statement of total debt; inclusions in ascertaining gross indebtedness. a. The debt statement of a municipality, school district in a city or fire district setting forth its total net indebtedness shall contain the following items of indebtedness for the purpose of showing the gross indebtedness of such municipality, school district or fire district:
Terms Used In N.Y. Local Finance Law 135.00
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- obligations: shall mean bonds, notes or other evidences of indebtedness. See N.Y. Local Finance Law 131.00
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. Borrowings. The amount of outstanding obligations (including in the case of a county, city, town, village, school district or fire district which has sold obligations at a discount, only the original amount of money actually received by such county, city, town, village, school district or fire district, irrespective of the face amount of the obligations at maturity) or other evidences of indebtedness representing money borrowed by such municipality, school district or fire district and remaining unpaid.
2. Real property liabilities. The amount of outstanding indebtedness on account of the acquisition of real property, the title to which has vested in such municipality, school district or fire district, or the title to which it has agreed to accept pursuant to the terms of a contract therefor, and for which payment has not been made. The amount of such indebtedness shall be ascertained pursuant to section 142.00 of this chapter.
3. Contract liabilities. The amount of outstanding indebtedness arising from:
(a) The amounts payable upon contracts, other than for capital improvements or equipment, to the extent that the sums due or to become due for the portion of such contracts which is performed or is to be performed during a fiscal year shall not have been paid or provided for by a budgetary appropriation therefor for such fiscal year or in the tax levy for such fiscal year.
(b) The amounts which are to become due pursuant to contracts for capital improvements or equipment.
4. Contract liabilities: housing guarantees; subsidies. In the case of a city, town or village, the amount of outstanding indebtedness of such city, town or village
(a) On account of any contract for capital or periodic subsidies to a housing authority to be paid subsequent to the then current year.
(b) Arising from a guarantee of the principal of and interest on, or only the interest on indebtedness contracted by a housing authority.
The amount of such indebtedness shall be ascertained pursuant to section 143.00 of this chapter.
4-a. Contract liabilities, guarantees of certain hospital indebtedness. In the case of a municipality, the amount of the outstanding indebtedness of the municipality arising from a guarantee authorized by law pursuant to section seven of article seventeen of the state constitution of the principal of and the interest on, or only the interest on indebtedness contracted by an eligible corporation or association for the purpose of providing hospital or other facilities for the prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, and for facilities incidental or appurtenant thereto. The amount of such indebtedness shall be ascertained pursuant to section 143.10 of this chapter.
5. State loans to certain housing authorities and municipalities. In the case of a city, town or village, the amount of unpaid balances of loans by the state to (a) housing authorities acting as instrumentalities of such city, town or village, or (b) municipalities for urban renewal purposes.
6. Judgments, claims, awards and determinations. The amount of outstanding indebtedness represented by (a) judgments which have been docketed and claims which have been settled or compromised, and (b) awards and sums payable by such municipality, school district or fire district pursuant to a determination by a court, or an officer, body or agency, acting in an administrative or quasi-judicial capacity, to the extent to which such judgments, claims, awards and sums remain unpaid.
7. Indebtedness contracted by district corporations. In the case of a city or village in which there is situated a district corporation, as defined in paragraph a of section 102.00 of this chapter, or of a town in the unincorporated area of which there is situated a district corporation, as defined in paragraph a of section 102.00 of this chapter, the amount of outstanding net indebtedness of such district corporation which is allocated to such city, village or town pursuant to section 120.00 of this chapter.
8. Pay-as-you-go financing. In the case of the city of New York the amount deemed to be outstanding indebtedness pursuant to section 122.00 of this chapter.
b. There shall be included as the indebtedness of a city school district the amount of outstanding city indebtedness for education purposes allocated to such school district by the state comptroller.
c. There shall be included as the indebtedness of a school district in a city the outstanding indebtedness or an appropriate proportion thereof, as the case may be, of merged or annexed school districts as provided in section 121.00 of this chapter.