N.Y. General Municipal Law § 99-d: Planning for future capital improvements

§ 99-d. Planning for future capital improvements. 1. Notwithstanding

the provisions of any general, special or local law, the governing board

or other appropriate authority of a municipal corporation, school

district or district corporation may authorize the preparation of

surveys, preliminary plans and detailed plans, specifications and

estimates necessary for planning for a capital improvement which it is

contemplated might be undertaken in the future and may provide for the

manner in which the cost thereof shall be financed, subject, however, to

the applicable provisions of any general, special or local law

respecting the issuance of bonds or notes.

2. The total amount of bonds or capital notes which may be authorized

in any fiscal year of the municipal corporation, school district or

district corporation to finance such advance planning pursuant to this

section shall not exceed the maximum amount of budget notes which it may

issue in such year pursuant to subdivision two or subdivision three of

paragraph a of section 29.00 of the local finance law, as the case may

be, provided, however, that for the purposes of this subdivision,

amounts which are to be paid in the first instance from improvement

district assessments shall be included in computing "the amount of the

annual budget" of a town or a county in accordance with section 29.00 of

such law.

3. If the advance planning is undertaken for the purpose of an

existing or proposed county or town improvement district, or any

extension thereof, the existing district, or the proposed district when

created, or the extension thereof, shall reimburse the county or town

for the cost of such advance planning, including any interest on any

obligations issued to finance such cost. The amount so reimbursed shall

be applied first to the payment of any outstanding obligations issued to

finance such expenditure.