§ 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.