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5 3. Section 3 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands

in the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed in legislative'bills numbers S. 784-C and A. 8914, is amended to read as follows:

§ 3. Such portion of the Syracuse Barge Canal terminal and supporting facilities authorized to be leased or conveyed by this act must be within the metes and bounds of the barge canal terminal, which is generally described as follows and shall be accurately determined by a survey prepared at the sole cost to the city of Syracuse:

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BARGE CANAL TERMINAL SYRACUSE, NEW YORR
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Syracuse,
County of Onondaga and State of New York and being part of Salina Marsh
Lots 27, 28, 29, 30, 31, 32, 33, 34, P35, 41, 45 and 46; Reclaimed Lots
47; and Farm Lots 325, 328, 329, 338, 338B, 337.

Beginning at the present intersection of the southwesterly street line of Solar Street with the northwesterly street line of Kirkpatrick Street, thence the following courses and distances, S. 56°-40'-00"W. , a distance of 900', S. 56°-40'-00"W. a distance of 45' 1, thence Onondaga Creek to its southwesterly line,

Thence southeasterly along the southwesterly line of said Onondaga
Creek a distance of about 160' +,

Thence S. 340-47' -30"W., a distance of about 178+,
Thence S. 650-55' -45'W., a distance of 393.02',

Thence continuing along the same course a distance of about 34.98' to the easterly line of Onondaga Creek,

Thence southwesterly along said line of Onondaga Creek about 84.6',
Thence N. 1°-48' -45”E. a distance of about 157.02',

Thence N. 500-00'W. à distance of 40.37', to the southeasterly street
line of Kirkpatrick Street,
Thence S. 650-04'W., a distance of 203.48',
Thence

the

following courses and distances: N. 36°-43' -50"W. tance of 50.88', N. 360-30' -10"W. a distance of 30.84 S. 650-04'W. distance of 186.41 S. 90-31-50"E. a distance of' 3.46, s. 190-20' 30"E. à distance of $0.031, S. 220-467 È.

a distance of 26.89'. S. 65004'W. the following distances,

56. 581

211. 54' and 63. 66', [N. 20°) N.290-25' -30"W., a distance of 17.30', N. 300-42' -50"E. distance of 19. 23', N. 100-19-20"E., distance of 62.90', N. 90-19-20"W. tance of 0.56' to the northwesterly street line of Kirkpatrick Śtreet,

Thence N. 650-04' E. a distance of 60.64' to the northeasterly line of the abandoned creek channel of Onondaga Creek,

Thence northwesterly, northeasterly, northerly and northwesterly along said abandoned line of Onondaga Creek' a distance of [1,857' £] 1790.15', Thence N. 440-00' -30"E,, a distance of 12' † to a stone monument,

Thence northwesterly along a curve to the left with a radius of 1499', an arc distance of 380. 78' to a stone monument, Thence the following

and distances,

N. 640-39"-45"W. distance of 296. 66', N. 640-39' -45"W. a distance of 51.98', N. 250-20 15"E., distance of g' N. 640-39' -[45"N. ]45"W, a distance of 708' to Hiawatha Street (Boulevard),

Thence N. 430-28-15"E.,' along Hiawatha Street (Boulevard) a distance of 505. 23

Thence northwesterly across Hiawatha Street (Boulevard) about 66',

Thence the following courses and distances, N. 500-00-00"W. tance of 818. 18', N. 330-26-30"E. distance of 40.54', N. 380-41' 30"W.

distance of 649. 68, N. 31°-18' -30'E. a distance of 160.0' N. 580-41' -30"W. a distance of 198', S. 310-18° 30°W. 201.94' N. 470-25' -30"W. distance of 269' +, N. 310-18-30"E. distance of 389'1, s. 580-41' -30"E. , distance

of 263'#, s. 310-18'. 30"W.

distance of 125.61' S. 580-41' -30"E. a distance of 198' N. 310-18-30"E., a distance of 125.611, s. 580-41 - 30"Ė. a 664.81', S. 330-26-30"W., a distance of 38. 23',

S. 500-00-00"E. , distance of 888. 20' to Hiawatha Street (Boulevard) Thence across Hiawatha Street (Boulevard) about 66' +

Thence S. 500-00-00"E. distance of 1404.51', $. 500-00-00"E. distance of 100.25', s. 500-00-00”E. a distance of 219.04', 30"E. a distance of 373. 571, N. 560-40-00"E., a distance of 514. 01' to the southwesterly street line of Solar Street,

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Thence 9.500-00'-00"E. , along said southwesterly street line of Solar Street a distance of 1143. 02' to the northwesterly street line of Kirkpatrick Street and being the point of beginning,

Together with all of grantor's right, title and interest, if any, to all strips and gores of land adjacent

appurtenant to the

abovedescribed property, and all easements benefitting said property.

Together with áll appurtenances and all estates and rights in and to the property.

EXCEPTING all that piece or parcel of land conveyed by Letters Patent from the People of the State of New York to C. 0. Falter dated June 1980 and Recorded with the Onondaga County Clerk, Book 2814, page 13 on August 13, 1980, being a portion of Parcel No. T-120-D-3, Barge Canal Terminal Contract No. 20.

EXCEPTING all that piece or parcel of land conveyed from the People of the State of New York to Tillie K. Rubin acknowledge June 16, 1960 and Recorded with the Onondaga County Clerk on September 14, 1961, Book 2060, page 654, being a portion of Parcel No. T-120-D-2, Barge Canal Terminal Contract No. 20.

EXCEPTING all that piece or parcel of land conveyed by letters Patent from the People of the State of New York to Richfield Oil Corporation of New York dated September 23, 1948 and Recorded with the Onondaga County Clerk on October 17, 1973, Book_2515, page 392, Being a portion of Parcel No. T-120-D-1, Barge Canal Terminal Contract No. 20.

§ 4. Section 4 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed in legislative bills numbers S. 184-C and A. 8914, is amended to read as follows:

§ 4. The commissioner of (general services] transportation shall not [grant] lease, sell or convey the aforesaid land unless application is made therefore by the city of Syracuse within 1 year after the effective date of this act.

§ 5. Section 5 of a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, county of Onondaga, to the city of Syracuse, as proposed' in legislative' bill numbers S: 784-C and A. 8914, and amended a chapter of the laws of 1992, authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse to the city of Syracuse, in relation to the prevailing wage rates and bidding of contracts for certain infrastructure work to be performed such lands, proposed in legislative bill number A. 30002, is amended to read as follows:

5 5. As condition to granting or leasing the aforesaid land, the city shall agree that all infrastructure work to be completed by or pursuant to agreement with the city of Sysacuse, or other public or quasi-public entity, including industrial development authority, shall be performed pursuant to prevailing wage rates as determined by the state labor department and in accordance with the labor law, and shall further be awarded in accordance with the provisions of section 103 of the general municipal law, except that design and/or planning contracts shall be exempt from the provisions of this section.

§ 6. This act shall take effect on the same date as a chapter of the laws of 1992 authorizing the commissioner of general services to sell and convey certain state lands in the city of Syracuse, to the city of Syracuse, as proposed in legislative bills numbers s. 784-C and A. 8914 takes effect provided section five of this act shall take effect on the same date as a chapter of the laws of 1992 relating to the prevailing wage rates and bidding of contracts for certain infrastructure work to be performed on such lands,

proposed in

legislative bill number A. 30002, takes effect. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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AN ACT to amend the general municipal law and the town law, in relation

to authorizing certain municipal corporations to establish contin-
gency and tax stabilization reserve fund and to repeal section 6-e of
the general municipal law relating to tax stabilization reserve funds
for municipal corporations
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Section 6-e of the general municipal law is repealed and a new section 6-e is added to read as follows:

& 6-e. Contingency and tax stabilization reserve fund for municipal corporations. 1. As used in this section :

a. "Annual budget" means the annual budget or estimate, as finally adopted, of a municipal corporation which is required by law to adopt an annual budget or estimate of the expenditures to be made for a fiscal year for the general support or for the expenses of the government of such municipal corporation during such fiscal year.

b. "Base year" means the most recent fiscal year for which an annual report has been filed with the state comptroller pursuant to section thirty of this chapter. c. "Chief executive officer"

chief executive officer as defined in paragraph five-a of section 2.00 of the local finance law.,

d. "Chief fiscal officer" means a chief fiscal officer as defined in paragraph five of section 2.00 of the local finance law.

e. "Eligible portion of the annual budget" means: (1)

in the case of a contingency and tax stabilization reserve fund established for a county, city, village or fire district,

the general fund portion of the annual budget;

(2) in the case of a contingency and tax stabilization reserve fund established for a town, the town-wide general fund and highway fund portions of the annual budget; and

(3) in the case of a contingency and tax stabilization reserve fund established for the part of a town outside any villages, the general fund and highway fund portions of the annual budget for such part of the town.

f. "Estimated revenue" means revenue from a specific source which is expected to be received during a fiscal year and which is included in the annual budget as finally adopted for that fiscal year.

8. "Governing board", means a governing board as defined in section two of this chapter and, in the case of a fire district, shall

the board of fire commissioners.

h. "Municipal corporation" means a municipal corporation as defined in section two of this chapter and shall also include a fire district.

1. "Public emergency" means an epidemic, conflagration, riot, storm, flood or other sudden, unforeseen or unexpected occurrence or

condition which requires the immediate expenditure of moneys to protect the public health, safety or welfare of the inhabitants of the municipal corporation.

j. "Tentative budget" means the tentative budget prepared pursuant to section three hundred fifty-four of the county law, section one

hundred six of the town law or section 5-504 of the village law, the statement of expenditures prepared pursuant to section one hundred eighty-one of the town law, or similar document prepared pursuant to general, special or local law. k. "Unanticipated expenditure"

an expenditure for a specific purpose for which there is no or insufficient will cause an appropriation to be insufficient that is necessitated by a

appropriation change in federal or state laws, rules or regulations, a court

order, judgement or decree, a public emergency, or an industry-wide price, rate or premium increase, which takes effect or occurs after final adoption of the annual budget and which could not have been reasonably anticipated prior to final adoption of the annual budget.

1. "Unanticipated revenue loss" means estimated revenue which is rendered unreceivable because of a change in federal or state laws, rules

regulations, a court order, judgement or decree, or other circum

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stance, which takes effect or occurs after final adoption of the annual
budget and which could not have been reasonably anticipated prior to
final adoption of the annual budget.

. "Voting strength" means the aggregate number of votes which all the
members of the governing board are entitled to cast.

2. The governing board of any municipal corporation, by resolution subject to a permissive referendum, may establish a contingency and tax stabilization reserve fund for the municipal corporation and, in the case of a town, also for the part of the town outside any villages. Such permissive referendum shall be governed by :

in the case of a county, sections one hundred one through one hundred three of the county law;

b. in the case of a city, sections twenty-four through twenty-six of
the municipal home rule law;

in the case of a town or the part of a town outside any villages,
article seven of the town law;
d. in the case of a village, article nine of the village law; and

in the case of a fire district, subdivision four of section six-8
of this article.

3. There may be paid into the contingency and tax stabilization reserve fund such amounts as may be provided therefor by budgetary appropriation, unappropriated cash surplus in the eligible portion of the annual budget, and such revenues as are not required by law to be paid into any other fund or account; provided, however, that no amount may be appropriated for payment into contingency

and tax stabilization reserve fund which would cause the balance of the fund to exceed ten percent of the eligible portion of the annual budget for the fiscal year for which the appropriation would be made.

4. a. The money's in a contingency and tax stabilization reserve fund may be expended only pursuant to appropriation

for purpose authorized by this subdivision. Except as provided in paragraph e of this subdivision, such an appropriation shall be made

only upon

the recommendation of the chief executive officer and the adoption of a resolution appropriating the recommended amount by at least two-thirds of the voting strength of the governing board,

b. The moneys in a contingency and tax stabilization reserve fund may be used to finance an unanticipated revenue loss chargeable to the eligible portion of the annual budget, subject to the following limitations:

(1) the maximum amount of moneys in the fund that may be used to
finance an unanticipated revenue loss shall equal either the amount of
the revenue actually received for the base year or the amount of the es-
timated revenue for the current fiscal year, whichever is less, minus
the amount of the revenue actually received for the current fiscal year;
and

(2) the moneys in the fund may be used only to finance that portion of
the unanticipated revenue loss which, as a matter of law, cannot be
financed with amounts available in any other account or fund.

The moneys in a contingency and tax stabilization reserve fund may
be used to finance an unanticipated expenditure chargeable to the eligi-
ble, portion of the annual budget, subject to the following limitations:

(1) the maximum amount of moneys in the fund that may be used to finance an unanticipated expenditure shall equal the sum of the amount of the unanticipated expenditure and the amount appropriated for that purpose for the current fiscal year minus either the amount appropriated for that purpose for the current fiscal year or the actual expenditure for the same purpose in the base year, whichever is greater; and

(2) the moneys in the fund may be used only to finance that portion of an unanticipated expenditure which,

matter of law, cannot be financed with amounts available in any other account or fund.

d. The moneys in the contingency and tax stabilization reserve fund may be used to lessen or prevent any projected increase in

of five percent in the amount of the real property tax levy needed to finance the eligible portion of the annual budget for the next succeed ing fiscal year.

The maximum amount of moneys in the fund that may be used for this purpose shall equal the difference between the projected amount of such real property tax levy and one hundred five percent of the amount of the real property tax levy needed to finance the eligible portion of the annual budget for the current fiscal year. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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When preparing the tentative budget of a municipal corporation, if the current balance of a contingency and tax stabilization reserve fund,

shown by the statement of the chief fiscal officer required by subdivision six of this section, exceeds ten percent of the eligible portion of the annual budget for the current fiscal year, such excess shall be used to reduce the amount of real property taxes needed to finance the eligible portion of the annual budget for the next succeeding fiscal year.

5. The moneys in the contingency and tax stabilization reserve fund shall be deposited in one or more of the banks or trust companies desig, nated, in the manner provided by law, as depositories of the funds of such municipal corporation. The governing board, or the chief fiscal officer having custody of such money of such municipal corporation, if the governing board shall delegate such duty to him, mayinvest the moneys in such fund in obligations specified in section six-f of this article. Any interest earned or capital gain realized on the money deposited or invested shall accrue to and become part of such fund.

6. The chief fiscal officer shall account for the contingency and tax stabilization reserve fund separate and apart from all other funds of the municipal corporation. Such accounting shall show: the source, date and amount of each sum paid into the fund; the interest earned by such fund; capital gains or losses resulting from the sale of investments of the fund; the order, source thereof, date and amount of each appropria

, tion from this fund; the assets of the fund, indicating cash balance and a schedule of investments. Not later than sixty days after the start of each fișcal year and at such times as may be required by the governing board, the chief fiscal officer shall furnish to the governing board a detailed report of the operation and condition of the fund during the preceding fiscal year which shall include a statement of receipts and disbursements, and a statement of the balance of the fund as of the last day of such preceding fiscal year and such other dates as may be speci. fied by the governing board. Not later than thirty days prior to the last date provided by law for the filing of the tentative budget, the chief fiscal officer shall furnish to the officer or body responsible for preparing the tentative budget a statement of the current balance of the fund.

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

8. Any officer of a municipal corporation shall be guilty of a misdemeanor if he or she willfully and knowingly causes the municipal corporation to:

Appropriate moneys from the contingency and tax stabilization reserve fund for any purpose not authorized by this section.

b. Expend any money from the contingency and tax stabilization reserve fund for a purpose other than that for which it was appropriated. The provisions of this subdivision shall be considered to be in addition to any other penalties provided by law.

§ 2. The third undesignated paragraph of subdivision 18 of section 176 of the town law, as amended by chapter 880 of the laws of 1981, is amended to read as follows:

The foregoing limitations on expenditures shall not be applicable to appropriations to or expenditures from a repair reserve fund, contin

tax stabilization reserve fund, capital reserve fund, debt stabilization fund, workers' compensation reserve fund, mandatory reserve

fund, unemployment insurance reserve fund or liability and casualty reserve fund established pursuant to sections

six-d, six-e, six-8, six-h, six-j, six-1, six-m and six-n of the general"nunicipal law, or to the use of the income and capital gains realized on the investments of the assets of such funds.

§ 3. Any moneys in a tax stabilization reserve fund established pursuant to section 6-e of the general municipal law in existence effective date of this act shall be used for any of the purposes authorized by section 6-e of the general municipal law

repealed by this act transferred to any other duly authorized and established reserve fund, subject to a permissive referendum and, in the case of such a fund established or after May 1, 1948 for a town located wholly or partly within the Adirondack park which has within its boundaries state lands assessed at more than ten per centum of the total as

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