New York LFN Code § 35.00

Bond resolution subject to referendum; towns
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§ 35.00 Bond resolution subject to referendum; towns. a. A bond\nresolution adopted by the finance board of any town for the purpose of\nfinancing a town highway improvement shall be subject to a permissive\nreferendum or such resolution may be submitted to a referendum by such\nfinance board on its own motion, in the manner prescribed in article\nseven of the town law, as amended from time to time, if no part of the\ncost of any such improvement is be paid by the county, or by the state,\nas provided in the highway law or is to be levied against property\nsituated within any incorporated village in such town. Notwithstanding\nthe foregoing provisions of this paragraph, a bond resolution or\nresolutions adopted by the finance board of any town authorizing the\nissuance of bonds for any such town highway improvement or improvements\nto the extent of not to exceed fifteen thousand dollars in the aggregate\nin any fiscal year of the town shall not be subject to such permissive\nreferendum if the bonds have a proposed maturity of not more than five\nyears to be measured from the date of the bonds or from the date of the\nfirst bond anticipation note issued in anticipation of sale of such\nbonds, whichever date is the earlier. Furthermore, the foregoing\nprovisions of this paragraph shall not apply to a bond resolution\nauthorizing the issuance of bonds to finance improvements undertaken\npursuant to either section two hundred or section two hundred-a of the\ntown law, as amended from time to time.\n  b. Except as otherwise provided in paragraph a of this section,\n  1. A bond resolution adopted by the finance board of a town shall be\nsubject to a permissive referendum or such resolution may be submitted\nto a referendum by such finance board on its own motion, in the manner\nprescribed in article seven of the town law, as amended from time to\ntime.\n  The foregoing provisions of this paragraph b shall not apply to a bond\nresolution authorizing the issuance of bonds:\n  (1) With a proposed maturity of not more than five years to be\nmeasured from the date of the bonds or from the date of the first bond\nanticipation note issued in anticipation of the sale of such bonds,\nwhichever date is the earlier.\n  (2) For any district or special improvement authorized by articles\nthree-A, twelve, twelve-A and twelve-C of the town law, as amended from\ntime to time, or for any such improvement authorized by any other\ngeneral or special law where the cost thereof is to be assessed upon\nbenefitted real property except for a bond resolution adopted by the\nfinance board of the Town of Oyster Bay for the purpose of financing an\noriginal capital improvement for an existing park district in said town,\nwhere the estimated maximum cost of such improvement shall be two\nmillion or more.\n  (3) For the construction, pavement or other improvement of a street or\nhighway through such town, the cost of which is to be paid in part by\nsuch town and in part by the county or state, as provided in the highway\nlaw, as amended from time to time.\n  (4) For the payment of judgments, or compromised or settled claims\nagainst such town, or awards or sums payable by such town pursuant to a\ndetermination by a court, or an officer, body or agency acting in an\nadministrative or quasi-judicial capacity.\n  c. The expenditure of money for which it is proposed to issue\nobligations shall not be subject to a permissive or mandatory referendum\nin any town.\n  d. The provisions of paragraphs a and b of this section shall not\napply to any bond resolution which authorizes the issuance of bonds for\nthe reconstruction of a bridge, tunnel, viaduct or underpass or for the\nreconstruction or repair of a highway, road, street, parkway or parking\narea, whether or not including sidewalks, curbs, gutters, drainage,\nlandscaping or grading, if (1) such reconstruction or repair is\nnecessitated by a storm, flood, earthquake or other unforeseeable\ndisaster and (2) the cou

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