Section 29 - Local financial provisions1.All civil defense expenditures of a city, including but not limited to the cost of maintenance and operation of its city office, if any, shall be a city charge. All civil defense expenditures of a county, including but not limited to the cost of maintenance and operation of a county office, shall be a general county charge, provided however that where a city, town or village has provided facilities pursuant to section twenty-three-a of this act, the charge for the expenditures thereafter made by such county for providing facilities pursuant to section twenty-three-a of this act shall be equitably allocated by the legislative body of the county as defined in subdivision seven of section two of the municipal home rule law. All civil defense expenditures of a town shall be a general town charge, provided however that where a deputy director for a village not wholly within one town is appointed pursuant to subdivision two of section twenty-two of this act, the expenditures made by such town pursuant to such subdivision shall be a charge against the area of the town exclusive of such village. Where a village has provided facilities pursuant to section twenty-three-a of this act, the charge for the expenditures thereafter made by such town for providing facilities pursuant to section twenty-three-a of this act shall be equitably allocated by the town board. All civil defense expenditures of a village shall be a village charge.2.Each political subdivision of the state shall have the power: (a) To appropriate and spend money in the manner provided by law for the acquisition, construction and installation of shelters, fallout shelters and other civil defense facilities and the acquisition of materials pursuant to section twenty-three-a of this act. Any expenditure by a political subdivision having power to contract indebtedness pursuant to the local finance law for such shelters, fallout shelters, civil defense facilities and materials may be financed by the issuance of obligations pursuant to such law, from the proceeds of taxes raised for such purpose or from any available funds of the political subdivision. The period of probable usefulness of any such shelter or fallout shelter is determined to be twenty years unless a longer period is prescribed by the local finance law and the period of probable usefulness of any other civil defense facilities and materials is determined to be ten years unless a longer period is prescribed by the local finance law. The provisions of section 107.00 of the local finance law shall not apply to the financing of any such object or purpose.(b) To appropriate and spend money in the manner provided by law for other civil defense measures contemplated by this article or by section thirty-four of this act, provided such expenditures are not inconsistent with the plan, regulations or orders of the commission or with the applicable local plan promulgated under this act. The limitations of section 29.00 of the local finance law, with respect to the amount of budget notes which may be issued in any fiscal year, shall not apply to budget notes issued to finance such measures and, notwithstanding any provision of the local finance law, budget notes for such measures may be authorized by at least a majority vote of the voting strength of the finance board. In addition to the issuance of budget notes for such measures, a political subdivision having the power to contract indebtedness pursuant to the local finance law, with the approval of the commission, shall have power to issue serial bonds or capital notes pursuant to such law in an amount not to exceed one hundred thousand dollars in any fiscal year. The commission shall not give any approval pursuant to this paragraph until after it shall have obtained the advice of the state comptroller with respect to the financial condition of the political subdivision. If no period of probable usefulness is provided in the local finance law for any such measures, the period of probable usefulness therefor shall be three years. The provisions of section 107.00 of the local finance law shall not apply to the financing of any such object or purpose.(c) To participate in providing shelter protection against radioactive fallout for the inhabitants of such political subdivision by cooperating with the commission and with schools, colleges and universities located within such political subdivision in the acquisition, construction or installation of fallout shelter at such schools, colleges and universities for which state civil defense aid is payable pursuant to section thirty-five of this act and by paying in consideration for such shelter protection for its inhabitants a portion of the cost of such fallout shelters, provided that no such payment shall exceed the aggregate cost of such fallout shelters less the amount of state civil defense aid payable pursuant to that section.3.Indebtedness contracted or proposed to be contracted by a school district, other than a school district coterminous with, or partly within, or wholly within a city, to finance the acquisition, construction and installation of a shelter or fallout shelter by such school district pursuant to section twenty-three-a of this act may be excluded from the indebtedness of such school district in ascertaining its power under section 104.00 of the local finance law to contract indebtedness, but only to the extent to which such indebtedness, at the time it was contracted or is to be contracted, did not or will not exceed fifty dollars multiplied by the planned shelter occupancy of such shelter.4.In addition to powers otherwise conferred by law and notwithstanding any inconsistent provision of law: a.Each political subdivision of the state shall have the power to appropriate and spend money to demolish unsafe structures owned by it or under its care, custody or control, to remove debris from any property owned by it or under its care, custody or control, and to reconstruct, replace or repair capital improvements, equipment, machinery, apparatus and furnishings, when such demolition, removal, reconstruction, replacement or repair is necessitated because of attack. Any such reconstruction or replacement of a capital improvement may be made upon a new site or upon the same site.b.Any city, town or village shall have the power to appropriate and spend money to demolish any unsafe structures, whether publicly or privately owned, and may remove debris from any property, whether publicly or privately owned, if the governing board of the municipality determines such structures or debris to be a peril to the lives and property of the citizens of the municipality, when such demolition or removal is necessitated because of attack, except that such expenditures shall not be made by a town within a city located in such town or by a town within a village located in whole or part in such town. Any expenditure for an object or purpose described in this subdivision by a political subdivision having power to contract indebtedness pursuant to the local finance law may be financed by the issuance of obligations pursuant to such law, from the proceeds of taxes raised for such purpose or from any available funds of the political subdivision. The period of probable usefulness of the objects and purposes for which any such expenditure may be made is determined to be ten years unless a longer period is prescribed by the local finance law. The provisions of section 107.00 of the local finance law shall not apply to the financing of any such object or purpose. Any provisions of law:
(1) Requiring the holding of hearings on or the publication of notices in relation to the effectuation of any such purpose or work or the financing thereof,(2) Requiring that the effectuation of any such purpose or work or the financing thereof be subject to a vote at any election, to a mandatory or permissive referendum, or to the voting of a tax to be collected in one or more installments,(3) Requiring that the effectuation of any such purpose or work or the financing thereof be initiated only upon petition,(4) Permitting the issuance of obligations only after the completion of the effectuation of any such purpose or work or the levy of assessments therefor,(5) Requiring the approval of any public board or body other than the governing board or the finance board, for the effectuation of any such purpose or work or the financing thereof, the advertisement for bids or the letting of contracts therefor after competitive bidding, and any other provisions of law insofar as they tend to prevent, hamper or delay the effectuation of any such purpose or work or the financing thereof, shall be inoperative for the purposes of this subdivision, except that the provisions of sections 57.00, 58.00, 59.00, 60.00, 60.10, 60.20, 63.00, 81.00, 82.00, 83.00, 102.00, 104.00, 104.10, other than subdivision one thereof, 109.00, 150.00, 151.00, 152.00 and 165.10 of the local finance law shall continue to be applicable to the financing thereof when obligations are issued. Notwithstanding the fact that the effectuation of any such purpose or work may be required pursuant to law to be undertaken wholly or partly at the expense of the real property especially benefited thereby, it may be undertaken at the expense of the political subdivision at large without charging any part of the cost thereof to real property especially benefited.
N.Y. Defense Emergency Act 1951 Law § 29