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This entry was published on 2014-09-22
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SECTION 24.11
Tax receivable notes for the city of Yonkers
Local Finance (LFN) CHAPTER 33-A, ARTICLE 2, TITLE 2
§ 24.11 Tax receivable notes for the city of Yonkers. a. The city of
Yonkers may issue tax anticipation notes which are tax receivable notes.
As used in this section, the term "tax receivable notes" shall mean tax
anticipation notes issued pursuant to section 24.00 of this title, which
shall, upon maturity, at the election of the holder thereof if so
provided in such notes, be receivable at full face value of principal
and interest to the date of maturity and in lieu of cash in payment of
any tax or installment or portion thereof of the city of Yonkers or any
installment or portion thereof of estimated tax of said city or any
interest or penalties thereon as shall be designated by the comptroller
of the city of Yonkers at the time such tax receivable notes are issued.
Tax receivable notes received in payment of any such tax or installment
of estimated tax or interest or penalties shall be cancelled by the
officer receiving the same, as of the date of maturity. At the time of
registration in the name of the taxpayer or at the time of payment in
lieu of cash by any holder, the taxpayer or holder or any duly
authorized agent or attorney thereof shall state in writing in a space
provided on the reverse side of the note the taxes to be paid and the
amounts thereof, and shall acknowledge such statement before a notary
public, commissioner of deeds or officer of any bank or trust company
located and authorized to do business in the state of New York. Upon the
acknowledgment of such statement on such note or notes and the delivery
thereof to the office of the comptroller of the city of Yonkers, the
taxes included in such statement shall be satisfied and extinguished to
the extent of the face value of principal and interest to maturity of
such note or notes. The term "tax" as used in this section shall mean
and include all ad valorem taxes or assessments or special benefit
assessments on real property, all sales, compensating use, or other
taxes levied for the municipal purposes of the city of Yonkers. Tax
receivable notes registered in the name of the mortgagor of real
property may be accepted by or on behalf of the mortgagee of such real
property in lieu of cash as payment of real property taxes of the city
of Yonkers, and thereafter the mortgagee may use such note in payment of
the real property taxes due from such mortgagor to the city of Yonkers.

b. Tax receivable notes shall be authorized by a "tax receivable note
resolution" adopted by the city council and such notes and said
resolution shall be subject to the provisions of this chapter applicable
to tax anticipation notes except as otherwise provided by law.

c. Such notes may be sold at public or private sale at such interest
rate as the city council of the city of Yonkers shall determine. Such
notes may be signed by the facsimile signature of the comptroller and
the seal of said city may be imprinted or otherwise reproduced on such
notes and attested by the manual signatures of the city clerk or any
deputy city clerks appointed by the city council for such purpose.

d. Notwithstanding the provisions of section 24.00 of this title, or
of any other law, general, special or local, tax receivable notes may be
issued by the city of Yonkers during the emergency period established by
the financial emergency act for the city of Yonkers, up to one hundred
twenty days prior to the commencement of the fiscal year in which the
real property taxes or assessments, in anticipation of which such tax
receivable notes are to be issued, are to be received or collected and
such notes or any renewals thereof may extend to the end of such fiscal
year.