N.Y. Local Finance Law § 35.00: Bond resolution subject to referendum; towns

§ 35.00 Bond resolution subject to referendum; towns. a. A bond

resolution adopted by the finance board of any town for the purpose of

financing a town highway improvement shall be subject to a permissive

referendum or such resolution may be submitted to a referendum by such

finance board on its own motion, in the manner prescribed in article

seven of the town law, as amended from time to time, if no part of the

cost of any such improvement is be paid by the county, or by the state,

as provided in the highway law or is to be levied against property

situated within any incorporated village in such town. Notwithstanding

the foregoing provisions of this paragraph, a bond resolution or

resolutions adopted by the finance board of any town authorizing the

issuance of bonds for any such town highway improvement or improvements

to the extent of not to exceed fifteen thousand dollars in the aggregate

in any fiscal year of the town shall not be subject to such permissive

referendum if the bonds have a proposed maturity of not more than five

years to be measured from the date of the bonds or from the date of the

first bond anticipation note issued in anticipation of sale of such

bonds, whichever date is the earlier. Furthermore, the foregoing

provisions of this paragraph shall not apply to a bond resolution

authorizing the issuance of bonds to finance improvements undertaken

pursuant to either section two hundred or section two hundred-a of the

town law, as amended from time to time.

b. Except as otherwise provided in paragraph a of this section,

1. A bond resolution adopted by the finance board of a town shall be

subject to a permissive referendum or such resolution may be submitted

to a referendum by such finance board on its own motion, in the manner

prescribed in article seven of the town law, as amended from time to

time.

The foregoing provisions of this paragraph b shall not apply to a bond

resolution authorizing the issuance of bonds:

(1) With a proposed maturity of not more than five years to be

measured from the date of the bonds or from the date of the first bond

anticipation note issued in anticipation of the sale of such bonds,

whichever date is the earlier.

(2) For any district or special improvement authorized by articles

three-A, twelve, twelve-A and twelve-C of the town law, as amended from

time to time, or for any such improvement authorized by any other

general or special law where the cost thereof is to be assessed upon

benefitted real property except for a bond resolution adopted by the

finance board of the Town of Oyster Bay for the purpose of financing an

original capital improvement for an existing park district in said town,

where the estimated maximum cost of such improvement shall be two

million or more.

(3) For the construction, pavement or other improvement of a street or

highway through such town, the cost of which is to be paid in part by

such town and in part by the county or state, as provided in the highway

law, as amended from time to time.

(4) For the payment of judgments, or compromised or settled claims

against such town, or awards or sums payable by such town pursuant to a

determination by a court, or an officer, body or agency acting in an

administrative or quasi-judicial capacity.

c. The expenditure of money for which it is proposed to issue

obligations shall not be subject to a permissive or mandatory referendum

in any town.

d. The provisions of paragraphs a and b of this section shall not

apply to any bond resolution which authorizes the issuance of bonds for

the reconstruction of a bridge, tunnel, viaduct or underpass or for the

reconstruction or repair of a highway, road, street, parkway or parking

area, whether or not including sidewalks, curbs, gutters, drainage,

landscaping or grading, if (1) such reconstruction or repair is

necessitated by a storm, flood, earthquake or other unforeseeable

disaster and (2) the county superintendent of highways certifies that

such work should be commenced within eight months after such disaster in

order to prevent unusual peril to the lives and property of the citizens

of the town and (3) such bond resolution has been adopted within eight

months after such disaster.