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This entry was published on 2014-09-22
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SECTION 1689-G
Local government infrastructure; authority financing of eligible wireless 911 capital equipment
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 4
§ 1689-g. Local government infrastructure; authority financing of
eligible wireless 911 capital equipment. 1. Definition. For the purposes
of this section "eligible wireless 911 capital equipment" shall include,
but not be limited to, radio equipment, computer equipment, dispatch
equipment, including consoles and monitors, telecommunications switches
and any other equipment necessary and attendant to a 911 wireless
telecommunications system.

2. Notwithstanding any other provision of law to the contrary, the
authority is hereby authorized to issue bonds, notes or other
obligations in one or more series including bonds, notes or other
obligations issued to finance one or more debt service reserve funds, to
pay the cost of issuance of such bonds, notes or other obligations, and
bonds, notes or other obligations issued to refund or otherwise repay
such bonds, notes or other obligations previously issued, for the
purpose of financing the costs of eligible wireless 911 capital
equipment for any political subdivisions eligible to receive aid
pursuant to a chapter of the laws of two thousand two. Such bonds, notes
or other obligations issued by the authority shall not be a debt of the
state or the political subdivision, and the state and the political
subdivision shall not be liable thereon, nor shall they be payable out
of any funds other than those made available by an eligible political
subdivision subject to annual appropriation by the political subdivision
as provided in subdivision three of this section or state aid pledged
and assigned by a political subdivision to the authority for debt
service payments and related expenses pursuant to any financing
agreement entered into pursuant to subdivision three of this section.

3. Notwithstanding any other provision of law to the contrary, in
order to assist the authority in undertaking the administration and
financing of wireless 911 capital equipment authorized pursuant to
subdivision two of this section, an eligible political subdivision is
hereby authorized to enter into one or more financing agreements with
the authority none of which shall exceed ten years in duration, upon
such terms and conditions as the authority and an eligible political
subdivision agree, so as to annually provide to the authority, in the
aggregate, a sum not to exceed the annual debt service payments and
related expenses required for the bonds, notes or other obligations
issued pursuant to this section. Any financing agreement entered into
pursuant to this subdivision shall not constitute debt of an eligible
political subdivision within the meaning of any constitutional or
statutory provisions and shall be deemed executory only to the extent of
moneys available for such purposes, subject to annual appropriations of
the eligible political subdivision. Any such financing agreement or any
payments made or to be made thereunder may be assigned or pledged by the
authority as security for its bonds, notes or other obligations
authorized by this section. The provisions of section one hundred nine-b
of the general municipal law shall not be applicable to any financing
agreement entered into between an eligible political subdivision and the
authority for the issuance of any bonds, notes, or other obligations for
any eligible 911 wireless capital equipment which may be financed
pursuant to this section. Notwithstanding the foregoing, any political
subdivision entering into an agreement with the authority shall be
subject to the provisions of subdivision five and paragraph (c) of
subdivision 6 of section one hundred nine-b of the general municipal
law.

4. Whenever the authority enters into a financing agreement with an
eligible political subdivision, each eligible political subdivision is
hereby authorized, in connection with the financing agreement, to assign
and pledge to the authority, a sufficient portion of any and all public
funds to be apportioned or otherwise to be made payable to the eligible
political subdivision by the state of New York, for payments required
under the financing agreement between the eligible political subdivision
and the authority.

5. All local and state officers are hereby authorized and required to
pay all funds so assigned and pledged pursuant to subdivisions three and
four of this section to the authority or, upon the direction of the
authority, to any trustee of any authority bond, note or other
obligation issued pursuant to a certificate filed by the authority
pursuant to the provisions of this section.

6. The authority shall submit annually to the governor, and the chairs
of the assembly ways and means and senate finance committees a report
which shall include but not be limited to, detailed information on the
financing activity pursuant to this section, and a detailed summary of
the financing agreements entered into with any political subdivision.