Section 37.00. Referenda on bond resolutions or capital note resolutions; school districts  


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  • 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.