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This entry was published on 2014-09-22
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SECTION 37.00
Referenda on bond resolutions or capital note resolutions; school districts
Local Finance (LFN) CHAPTER 33-A, ARTICLE 2, TITLE 3
§ 37.00 Referenda on bond resolutions or capital note resolutions;
school districts. a. In a school district other than a city school
district a bond resolution or a capital note resolution shall not be
adopted by the finance board thereof unless a tax to be collected in
installments shall have been voted in the manner provided in the
education law, as amended from time to time, for the object or purpose
for which such resolution authorizes the issuance of obligations. The
foregoing provisions of this paragraph shall not apply to:

1. A bond resolution or capital note resolution adopted by the finance
board of a school district authorizing the issuance of bonds or capital
notes for the payment of all or part of a judgment, award or a
compromised or settled claim against the school district for the
acquisition of land or rights in land, to the extent that the amount of
such judgment, award or claim exceeds the amount authorized to be
expended for such acquisition of land or rights in land, provided such
excess amount does not exceed fifteen per centum of the amount so
authorized to be expended.

2. A bond resolution which authorizes the issuance of bonds pursuant
to section 92.00 of this chapter where prior to the issuance by a school
district of the bond anticipation note or notes to be refunded by such
bonds a tax to be collected in installments has been voted in the manner
provided in the education law for the object or purpose for which such
note or notes were issued.

3. A bond resolution or capital note resolution which authorizes the
issuance of bonds or capital notes for the payment of judgments, or
compromised or settled claims against such a school district, or awards
or sums payable by such a school district pursuant to a determination by
a court, or an officer, body or agency acting in an administrative or
quasi-judicial capacity.

b. In a city school district a bond resolution adopted by the finance
board thereof shall not become effective unless a proposition approving
such resolution shall have been adopted at a special or annual school
district meeting held in accordance with article forty-one and
fifty-three of the education law. The foregoing provisions of this
paragraph shall not apply to a bond resolution authorizing the issuance
of bonds:

1. For the payment of judgments, or compromised or settled claims
against such city school district, or awards or sums payable by such
city school district pursuant to a determination by a court, or an
officer, body or agency acting in an administrative or quasi-judicial
capacity; or

2. Where a tax to be collected in installments has been voted in the
manner provided in the education law, prior to July first, nineteen
hundred fifty-one, for the object or purpose for which such resolution
authorizes the issuance of bonds; or

3. Where such resolution authorizes the issuance of bonds pursuant to
section 92.00 of this chapter and prior to the issuance by a school
district of the bond anticipation note or notes to be refunded by such
bonds a tax to be collected in installments has been voted in the manner
provided in the education law for the object or purpose for which such
note or notes were issued.

Notwithstanding the foregoing provisions of this paragraph, the
finance board of a city school district may provide in any bond
resolution or capital note resolution that such resolution, shall not
become effective unless a proposition approving such resolution is
adopted at a special or annual district meeting held in accordance with
article forty-one and fifty-three of the education law.