NY Loc Fin L § 35.00 (2021)
2021 New York Laws LFN - Local Finance Article 2 - Local Indebtedness Title 3 - Local Obligations: Authorization Thereof 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.