(i) "city funds" shall mean funds of the city of New York derived from any source except funds contained within the capital budget and funds derived from any federal, state or private sources over which the city has no discretion.

(ii) "city amount" shall mean the total amount of expenditures funded by city funds for the support of the city school district of the city of New York, not including city payments to bond or note holders for debt service or payments for pension benefits for employees of such district, as contained within the budget as adopted by the city of New York.

(iii) "base year" shall mean the fiscal year immediately preceding the fiscal year for which the budget referred to in subparagraph (ii) of this paragraph is adopted. The initial base year shall be fiscal year ending June thirtieth, two thousand three. b. The city amount shall not be less than the city amount appropriated in the base year as determined at the time of adoption of the budget for the ensuing fiscal year. Provided, however, in the event the total amount of city funds relied upon to balance such budget is lower than the total amount of city funds appropriated in the base year, determined at the time of adoption of such budget, the city amount may be reduced by up to the same percentage as the overall percentage decrease in city funds between the base year and the ensuing fiscal year. * NB Repealed June 30, 2022 5-b. a. For the purposes of this subdivision, the terms:

(i) "city funds" shall mean funds of each city having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants derived from any source except funds contained within the capital budget, funds from county sales tax revenues shared with such city, funds derived from any federal source and funds derived from any state or private sources over which the city has no discretion, as defined pursuant to regulations developed by the commissioner and approved by the director of the budget.

(ii) "city amount" shall mean the total amount of expenditures funded by city funds for the support of the city school district of each city having a population of one hundred twenty-five thousand or more inhabitants and less than one million inhabitants, not including city payments to bond or note holders for debt service payments of such district, as contained within the budget as adopted by such city.

(iii) "base year" shall mean the fiscal year immediately preceding the fiscal year for which the budget referred to in subparagraph (ii) of this paragraph is adopted. The initial base year shall be the fiscal year ending June thirtieth, two thousand seven. b. The city amount shall not be less than the city amount appropriated in the base year determined at the time of adoption of the budget for the ensuing fiscal year, and shall not be less than the city amount expended in the base year determined as of the end of the school year. Provided, however, in the event the total amount of city funds relied upon to balance such budget is lower than the total amount of city funds appropriated in the base year, as determined at the time of adoption of such budget, the city amount may be reduced by up to the same percentage as the overall percentage decrease in city funds between the base year and the ensuing fiscal year. c. Upon the enactment of a city budget, for the two thousand nine--two thousand ten school year budget and annually thereafter, the chief executive officer of the city, as defined pursuant to subdivision five-a of section 2.00 of the local finance law, shall annually certify to the commissioner, in a form prescribed by the commissioner upon approval of the director of the budget, as to the city amount in such budget, the city amount in the base year, and that the city amount appropriated in such budget is in compliance with paragraph b of this subdivision. d. The school district audit report certified to by an independent certified public accountant or an independent accountant pursuant to section twenty-one hundred sixteen-a of this title for the two thousand eight--two thousand nine school year budget and annually thereafter shall include a certification by the accountant, in a form prescribed by the commissioner upon approval of the director of the budget, as to the city amount expended in the school year covered by such audit report, the city amount in the prior school year, and that the city amount expended in the school year covered by such audit report is in compliance with paragraph b of this subdivision. 6. A board of education may, to meet emergencies which may arise, submit a special estimate in which items for extraordinary expenses may be submitted to meet such emergencies. Such estimate shall contain a complete statement of the purposes for which the items are requested and the necessity therefor. The same method of procdure shall be followed in submitting such estimate and such estimate shall be subject to the same consideration and action as is required in the submission, consideration and action upon the regular annual estimate submitted by a board of education. The common council or other legislative body in such city shall have power to make the appropriations requested by a board of education in such special estimate. 7. A board of education shall not incur a liability or an expense chargeable against the funds under its control or the city for any purpose in excess of the amount appropriated or available therefor or otherwise authorized by law. 8. In a city in which, under the statutes in effect prior to June eighth, nineteen hundred seventeen, it was provided that the estimate of expenditures for the support and maintenance of the public schools of the city shall not be less than a specified per capita sum, based on the number of pupils enrolled in the public schools of the city, the amount authorized or required to be included in the estimate of school expenditures as provided in this article shall not be less than the per capita sum specified in such statute. 9. In any city in which the annual estimate and budget of the board of education is subject to change by some other city authority, such annual budget shall give detailed schedules for all purposes and shall indicate the entire amount to be expended by the board of education for school purposes, including the amount to be levied for debt service on account of bonds, notes or certificates of indebtedness issued for school purposes, whether the amount to be expended is on account of local revenues or to be derived from state aid. The total amount on account of local revenues and the total amount to be derived from state aid shall be separately indicated. In any such city having a population of less than one million the annual estimate and budget shall contain a statement of the amount of revenues over and above those set forth in the budget for the preceding year, which the board of education estimates it will receive in the current year. Any surplus funds shall at the close of the fiscal year be transferred to an existing capital fund or appropriated by the proper authority to other school purposes. 10. In any city with a population of one million or more, amounts appropriated to effectuate the implementation of a five-year educational facilities capital plan for such city shall be appropriated as a single item in such city's capital budget in accordance with subdivision four of section twenty-five hundred ninety-p of this chapter.