2512 - Buildings and sites.

§ 2512. Buildings  and sites. 1. Such board of education is authorized  and it shall  have  power  to  designate  sites,  to  purchase,  repair,  reconstruct,  improve  or enlarge school buildings or other buildings or  sites, and to construct  new  buildings,  provided  that  the  purchase,  repair,  reconstruction,  improvement or enlargement of school buildings  or other buildings or sites, and construction of new buildings shall  be  subject  to voter approval, to the same extent as in a union free school  district.    2. Whenever in the judgment of such board of education it is necessary  to select a new site, or to enlarge a present site, or  to  designate  a  playground  or  recreation  center, or to acquire title to or lease real  property for other educational purposes authorized by this chapter, such  board may take options on  property  desirable  for  such  purposes  but  before  taking  title  thereto  shall  pass  a  resolution  stating  the  necessity therefor, describing by metes and bounds or by lot number  the  grounds  or  territory desired for each of such purposes, and estimating  the amount of funds necessary therefor.    3. Whenever in the judgment of such board of education  the  needs  of  the  district  require  a  new  building  for  school  purposes  or  for  recreation or other educational purposes authorized by this chapter,  or  when  in  its  judgment  a building should be reconstructed or enlarged,  such board shall pass a resolution specifying in  detail  the  necessity  therefor and estimating the amount of funds necessary for such purpose.    4.  No site shall be designated except upon a majority vote of a board  of education  and  no  building  shall  be  constructed,  reconstructed,  repaired  or  enlarged  until  the plans and specifications therefor are  approved by the board of education and,  in  city  school  districts  of  cities  having  a population of less than seventy thousand, according to  the latest federal census, by the commissioner of education pursuant  to  section four hundred eight of this chapter.    5.  When  the real property of the school district is no longer needed  for educational purposes,  such  board  may  sell  or  dispose  of  such  property,  subject  to voter approval, and the proceeds thereof shall be  credited to the funds under the control and administration of the  board  of education.    6.  The board of education of any city school district of a city which  has a  planning  commission,  by  whatever  name  known,  shall,  before  designating  a  site  or  sites, submit the proposed designation to such  city planning commission. Such commission shall make its  recommendation  to  such  board  within sixty days from the date of such submission. The  board of education may not designate a site or sites  contrary  to  such  recommendation,  except  after  a  public  hearing  and  by  a  vote  of  two-thirds of its voting strength. The notice for such hearing shall  be  published  at  least once in each week for the four weeks preceding such  hearing, in a newspaper, or two newspapers if there  be  two,  having  a  general  circulation,  in  such city school district. If such commission  fails to make any recommendation prior to the expiration of  such  sixty  days,  the  board  of  education  may  proceed to designate such site or  sites. This subdivision shall not apply to the designation of a site  or  sites  by  such board of education where such site is located inside the  city school district, but outside the boundaries of the city.    7. a. To enter into a lease, sublease  or  other  agreement  with  the  dormitory authority providing for the financing or refinancing of all or  a  portion  of  school  district  capital  facilities or school district  capital equipment in accordance with section sixteen hundred  eighty  of  the  public  authorities  law and with the approval of the commissioner.  Such lease, sublease, or other agreement may provide for the payment  of  annual  or  other  payments to the dormitory authority, and contain suchother terms and conditions as may be agreed upon by the parties thereto,  including the  establishment  of  reserve  funds  and  indemnities.  For  purposes  of  this  subdivision, school district capital equipment shall  have the meaning ascribed thereto in section sixteen hundred seventy-six  of the public authorities law.    b.  Notwithstanding  any  provisions  of  law  to  the  contrary,  the  dormitory authority and the board of education are hereby authorized and  empowered to perform any and all acts and to  enter  into  any  and  all  agreements  necessary  or  desirable  to effectuate the purposes of this  subdivision.