§ 6-f. Snow and ice removal and road repair reserve funds for
municipal corporations. 1. The governing board of any municipal
corporation may establish a special fund which shall be known as the
snow and ice removal and road repair reserve fund of such municipal
corporation. There may be paid into such fund an amount as may be
provided therefor by budgetary appropriation or such revenues as are not
required by law to be paid into any other fund or account.

2. In cases of emergency, moneys in such fund may be expended pursuant
to a resolution approved by not less than two-thirds of the members of
the governing body of such municipal corporation providing that not less
than one-half of the moneys so expended shall be repaid in the fiscal
year immediately following the fiscal year in which such moneys were
expended and the total amount shall be repaid not later than the last
day of the second fiscal year succeeding the fiscal year in which the
moneys were expended. Prior to the adoption of any other resolution,
act, ordinance or local law by the governing board of such municipal
corporation, appropriating money from such fund, the governing board
shall cause to be published in the official newspaper or newspapers, if
any, or otherwise in a newspaper or newspapers designated for such
purpose, a notice stating in substance that it is proposed to
appropriate a specified amount from the snow and ice removal and road
repair reserve fund for a particular purpose, and that a public hearing
on such proposed appropriation will be held at a time and place stated
therein. At least five days shall elapse between the publication of such
notice and the date specified for the hearing. The hearing shall be held
at the time and place so specified.

3. Moneys in such fund may be appropriated only:

a. For the removal of snow and ice from the public thoroughfares and
public places of such municipal corporation, which removal is of a type
not likely to recur annually or at shorter intervals.

b. For repairing and maintaining roadways to the extent damage to such
roadways was caused by the removal of snow and ice, including but not
limited to repairing potholes and other road surface maintenance, which
repairs and maintenance are of a type not likely to recur annually or at
shorter intervals.

c. To a capital reserve fund established pursuant to section six-c, to
a repair reserve fund established pursuant to section six-d or to a tax
stabilization reserve fund established pursuant to section six-e of this
article.

4. The moneys in such fund shall be deposited and secured in the
manner provided by section ten of this article. The moneys in such fund
so deposited shall be accounted for separate and apart from all other
funds of the municipal corporation, in the same manner as provided in
subdivision ten of section six-c of this article. The governing board or
the chief fiscal officer of such municipal corporation, if the governing
board shall delegate such duty to him, may invest the moneys in such
fund in the manner provided in section eleven of this article. Any
interest earned or capital gains realized on the moneys so deposited or
invested shall accrue to and become part of such fund.

5. The members of the governing board of such municipal corporation
are hereby declared trustees of such fund and shall be subject to all
the duties and responsibilities imposed by law on trustees, and such
duties and responsibilities may be enforced by such municipal
corporation or by any board, commission, agency, officer or taxpayer
thereof.

6. The members of the governing board of such municipal corporation
shall be guilty of a misdemeanor if they:

a. Authorize a withdrawal from a snow and ice removal and road repair
reserve fund for any other purpose except as provided in this section.

b. Expend any money withdrawn from a snow and ice removal and road
repair reserve fund for a purpose other than that as provided in this
section.

7. Notwithstanding the foregoing provisions of this section, in any
town which is located wholly or partly within the Adirondack park and
has within its boundaries state lands subject to taxation assessed at
more than thirty per centum of the total taxable assessed valuation of
the town as determined from the assessment rolls of the town as
completed from time to time, or in any district corporation or
improvement district situated in whole or in part in any such town, a
snow and ice removal and road repair reserve fund shall not be
established unless the state comptroller, on behalf of the state, shall
consent thereto, and in any such town or district corporation or
improvement district no appropriation shall be made from a snow and ice
removal and road repair reserve fund unless the state comptroller, on
behalf of the state, shall consent thereto.