§ 844. Use of county equalization rates. 1. In any county to which
this title is applicable, county taxes shall be apportioned among the
cities and towns within the county on the basis of the proportion of the
total full valuation of taxable real property within the county which is
located within each city and town. This total valuation shall be
determined by dividing the taxable assessed value of taxable real
property by the appropriate city or town equalization rate as certified
by the commissioner pursuant to this title. For purposes of this
section: (a) "taxable real property" excludes real property which, by
statute, is wholly exempt from county taxation, (b) "taxable assessed
value" is limited to the assessed value actually subject to county
taxation except that it also includes the amount of assessed value
partially exempt from county taxation pursuant to (i) sections four
hundred fifty-eight, four hundred sixty and four hundred sixty-four of
this chapter, and (ii) such other sections of law as the county
legislature designates by resolution to be included in the total
valuation. Where the commissioner furnishes the same state equalization
or special equalization rate for two or more of the cities and towns in
the county for use by that county in the apportionment of taxes, the
commissioner shall concurrently therewith notify the county that county
taxes may be apportioned in the manner provided by subdivision two of
this section.

2. When the commissioner has furnished the same state equalization or
special equalization rate for two or more of the cities and towns in a
county for use by that county in the apportionment of taxes, the county
may apportion its levy as follows: (a) The county shall determine the
amount of county tax to be raised from each city and town in the county
in accordance with the provisions set forth in subdivision one of this
section.

(b) For those cities and towns with respect to which the commissioner
has furnished the same state equalization or special equalization rate,
the amount of county tax to be raised in aggregate from each part of
such city or town is the sum of the amounts determined for each such
city and town in accordance with paragraph (a) of this subdivision. This
aggregate amount of school tax shall be apportioned to each such city or
town in proportion to the sum of the assessed value actually subject to
the taxation for county purposes.

3. On or before the first day of February in each year, the clerk of
the county legislative body shall transmit to the commissioner, in the
form prescribed by it, a statement for the preceding calendar year
showing the taxable assessed value of taxable real property of each city
and town; the taxable assessed value upon which the county tax has
actually been levied; the county equalization rate certified by the
commissioner; the full valuation of taxable real property used for
apportioning the tax levy between municipalities; whether any taxes were
apportioned pursuant to the provisions of subdivision two of this
section; and a list of the partial exemptions which the county
legislature has, by resolution adopted pursuant to this section, elected
to include in the taxable assessed value actually subject to county
taxation. The time for transmitting such statement may be extended by
the commissioner for good cause shown by the clerk of the county
legislative body.

4. If it appears to the board of supervisors of any county that a
clerical error has been made by the county equalization agency and that
by reason of such error injustice has been done to one or more cities or
towns and that two years have not elapsed since the equalization, the
error may be corrected by the board of supervisors. If the equalization
cannot be corrected before taxes are levied on the basis thereof, such
board shall determine the amount of county taxes paid or payable by any
such city or town under such equalization in excess of or less than that
which such city or town would have paid under such equalization as
corrected. The excess shall be subtracted, or the deficiency shall be
added, from or to the next county tax levy in such city or town as the
situation may require.