Section 99-D. Planning for future capital improvements  


Latest version.
  • 1.  Notwithstanding
      the provisions of any general, special or local law, the governing board
      or  other  appropriate  authority  of  a  municipal  corporation, school
      district or  district  corporation  may  authorize  the  preparation  of
      surveys,  preliminary  plans  and  detailed  plans,  specifications  and
      estimates necessary for planning for a capital improvement which  it  is
      contemplated  might  be undertaken in the future and may provide for the
      manner in which the cost thereof shall be financed, subject, however, to
      the  applicable  provisions  of  any  general,  special  or  local   law
      respecting the issuance of bonds or notes.
        2. Where the cost of such advance planning of a capital improvement is
      financed  by the issuance of bonds or capital notes and where the period
      of probable usefulness specified by subdivision sixty-two of paragraph a
      of section 11.00 of the local finance law is applicable,  the  municipal
      corporation,  school  district  or  district  corporation shall not have
      power to authorize the undertaking of the capital improvement  until  at
      least  one  year  after  the  original  issuance  of  such  obligations;
      provided, however, that when bond anticipation  notes  shall  have  been
      issued  prior to such bonds, such one year period shall be computed from
      the date of such bond anticipation notes.
        3. The total amount of bonds or capital notes which may be  authorized
      in  any  fiscal  year  of  the municipal corporation, school district or
      district corporation to finance such advance planning pursuant  to  this
      section shall not exceed the maximum amount of budget notes which it may
      issue  in  such year pursuant to subdivision two or subdivision three of
      paragraph a of section 29.00 of the local finance law, as the  case  may
      be,  provided,  however,  that  for  the  purposes  of this subdivision,
      amounts which are to be paid in  the  first  instance  from  improvement
      district  assessments  shall be included in computing "the amount of the
      annual budget" of a town or a county in accordance with section 29.00 of
      such law.
        4. If the advance  planning  is  undertaken  for  the  purpose  of  an
      existing  or  proposed  county  or  town  improvement  district,  or any
      extension thereof, the existing district, or the proposed district  when
      created,  or  the  extension thereof, shall reimburse the county or town
      for the cost of such advance planning, including  any  interest  on  any
      obligations  issued to finance such cost. The amount so reimbursed shall
      be applied first to the payment of any outstanding obligations issued to
      finance such expenditure.