2023 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.