§ 2512 — Buildings and sites

§ 2512. Buildings and sites. 1. Such board of education is authorized\nand it shall have power to designate sites, to purchase, repair,\nreconstruct, improve or enlarge school buildings or other buildings or\nsites, and to construct new buildings, provided that the purchase,\nrepair, reconstruction, improvement or enlargement of school buildings\nor other buildings or sites, and construction of new buildings shall be\nsubject to voter approval, to the same extent as in a union free school\ndistrict.\n 2. Whenever in the judgment of such board of education it is necessary\nto select a new site, or to enlarge a present site, or to designate a\nplayground or recreation center, or to acquire title to or lease real\nproperty for other educational purposes authorized by this chapter, such\nboard may take options on property desirable for such purposes but\nbefore taking title thereto shall pass a resolution stating the\nnecessity therefor, describing by metes and bounds or by lot number the\ngrounds or territory desired for each of such purposes, and estimating\nthe amount of funds necessary therefor.\n 3. Whenever in the judgment of such board of education the needs of\nthe district require a new building for school purposes or for\nrecreation or other educational purposes authorized by this chapter, or\nwhen in its judgment a building should be reconstructed or enlarged,\nsuch board shall pass a resolution specifying in detail the necessity\ntherefor and estimating the amount of funds necessary for such purpose.\n 4. No site shall be designated except upon a majority vote of a board\nof education and no building shall be constructed, reconstructed,\nrepaired or enlarged until the plans and specifications therefor are\napproved by the board of education and, in city school districts of\ncities having a population of less than seventy thousand, according to\nthe latest federal census, by the commissioner of education pursuant to\nsection four hundred eight of this chapter.\n 5. When the real property of the school district is no longer needed\nfor educational purposes, such board may sell or dispose of such\nproperty, subject to voter approval, and the proceeds thereof shall be\ncredited to the funds under the control and administration of the board\nof education.\n 6. The board of education of any city school district of a city which\nhas a planning commission, by whatever name known, shall, before\ndesignating a site or sites, submit the proposed designation to such\ncity planning commission. Such commission shall make its recommendation\nto such board within sixty days from the date of such submission. The\nboard of education may not designate a site or sites contrary to such\nrecommendation, except after a public hearing and by a vote of\ntwo-thirds of its voting strength. The notice for such hearing shall be\npublished at least once in each week for the four weeks preceding such\nhearing, in a newspaper, or two newspapers if there be two, having a\ngeneral circulation, in such city school district. If such commission\nfails to make any recommendation prior to the expiration of such sixty\ndays, the board of education may proceed to designate such site or\nsites. This subdivision shall not apply to the designation of a site or\nsites by such board of education where such site is located inside the\ncity school district, but outside the boundaries of the city.\n 7. a. To enter into a lease, sublease or other agreement with the\ndormitory authority providing for the financing or refinancing of all or\na portion of school district capital facilities or school district\ncapital equipment in accordance with section sixteen hundred eighty of\nthe public authorities law and with the approval of the commissioner.\nSuch lease, sublease, or other agreement may provide for the payment of\nannual or other payments to the dormitory authority, and contain such\nother terms and conditions as may be agreed upon by the parties thereto,\nincluding the establishment of reserve funds and indemnities. For\npurposes of this subdivision, school district capital equipment shall\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\nof the public authorities law.\n b. Notwithstanding any provisions of law to the contrary, the\ndormitory authority and the board of education are hereby authorized and\nempowered to perform any and all acts and to enter into any and all\nagreements necessary or desirable to effectuate the purposes of this\nsubdivision.\n