N.Y. Education Law § 2512: Buildings and sites

§ 2512. Buildings and sites. 1. Such board of education is authorized

and it shall have power to designate sites, to purchase, repair,

reconstruct, improve or enlarge school buildings or other buildings or

sites, and to construct new buildings, provided that the purchase,

repair, reconstruction, improvement or enlargement of school buildings

or other buildings or sites, and construction of new buildings shall be

subject to voter approval, to the same extent as in a union free school

district.

2. Whenever in the judgment of such board of education it is necessary

to select a new site, or to enlarge a present site, or to designate a

playground or recreation center, or to acquire title to or lease real

property for other educational purposes authorized by this chapter, such

board may take options on property desirable for such purposes but

before taking title thereto shall pass a resolution stating the

necessity therefor, describing by metes and bounds or by lot number the

grounds or territory desired for each of such purposes, and estimating

the amount of funds necessary therefor.

3. Whenever in the judgment of such board of education the needs of

the district require a new building for school purposes or for

recreation or other educational purposes authorized by this chapter, or

when in its judgment a building should be reconstructed or enlarged,

such board shall pass a resolution specifying in detail the necessity

therefor and estimating the amount of funds necessary for such purpose.

4. No site shall be designated except upon a majority vote of a board

of education and no building shall be constructed, reconstructed,

repaired or enlarged until the plans and specifications therefor are

approved by the board of education and, in city school districts of

cities having a population of less than seventy thousand, according to

the latest federal census, by the commissioner of education pursuant to

section four hundred eight of this chapter.

5. When the real property of the school district is no longer needed

for educational purposes, such board may sell or dispose of such

property, subject to voter approval, and the proceeds thereof shall be

credited to the funds under the control and administration of the board

of education.

6. The board of education of any city school district of a city which

has a planning commission, by whatever name known, shall, before

designating a site or sites, submit the proposed designation to such

city planning commission. Such commission shall make its recommendation

to such board within sixty days from the date of such submission. The

board of education may not designate a site or sites contrary to such

recommendation, except after a public hearing and by a vote of

two-thirds of its voting strength. The notice for such hearing shall be

published at least once in each week for the four weeks preceding such

hearing, in a newspaper, or two newspapers if there be two, having a

general circulation, in such city school district. If such commission

fails to make any recommendation prior to the expiration of such sixty

days, the board of education may proceed to designate such site or

sites. This subdivision shall not apply to the designation of a site or

sites by such board of education where such site is located inside the

city school district, but outside the boundaries of the city.

7. a. To enter into a lease, sublease or other agreement with the

dormitory authority providing for the financing or refinancing of all or

a portion of school district capital facilities or school district

capital equipment in accordance with section sixteen hundred eighty of

the public authorities law and with the approval of the commissioner.

Such lease, sublease, or other agreement may provide for the payment of

annual or other payments to the dormitory authority, and contain such

other terms and conditions as may be agreed upon by the parties thereto,

including the establishment of reserve funds and indemnities. For

purposes of this subdivision, school district capital equipment shall

have the meaning ascribed thereto in section sixteen hundred seventy-six

of the public authorities law.

b. Notwithstanding any provisions of law to the contrary, the

dormitory authority and the board of education are hereby authorized and

empowered to perform any and all acts and to enter into any and all

agreements necessary or desirable to effectuate the purposes of this

subdivision.