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Home » US Law » 2022 New Hampshire Revised Statutes » Title III - Towns, Cities, Village Districts, and Unincorporated Places » Title 35 - Capital Reserve Funds of Counties, Towns, Districts, and Water Departments

Section 35:1 – Establishment of Reserves Authorized.

    35:1 Establishment of Reserves Authorized. – Any town, school district, village district, or county, as provided by RSA 35:3 may raise and appropriate money for the establishment of a capital reserve fund for the financing of all or part of the cost of: I. The construction, reconstruction or acquisition of a specific capital improvement, […]

Section 35:1-c – Non-Capital Reserve Funds Authorized.

    35:1-c Non-Capital Reserve Funds Authorized. – Any town, school district, county, or village district may establish a reserve fund for the maintenance and operation of a specific public facility or type of facility, a specific item or type of equipment, or for any other distinctly-stated, specific public purpose that is not foreign to its […]

Section 35:10 – Trustees of Funds.

    35:10 Trustees of Funds. – The trustees of trust funds of a town or city shall have custody of any capital reserve of a town, district or water departments therein, the trustees of trust funds as provided in RSA 35:2 shall have custody of such capital reserve of a school district, and the county […]

Section 35:11 – Payments from Surplus.

    35:11 Payments from Surplus. – Whenever any town shall have voted to transfer any accumulated surplus to the capital reserve fund, the town clerk shall forward to the board of selectmen and to the town treasurer, within 10 days of the adoption of such vote, a certified copy of the same. The selectmen shall […]

Section 35:12 – Appropriation.

    35:12 Appropriation. – Whenever the vote of the town is to appropriate any sum for the capital reserve fund pursuant to RSA 35:5, the same duties shall devolve upon the town clerk, selectmen, and town treasurer, as specified in RSA 35:11, except that the order must be drawn, and the sum transferred on or […]

Section 35:13 – School or Village District.

    35:13 School or Village District. – When a capital reserve fund is established by a school or village district, the same duties shall devolve upon the clerk of the school or village district, the members of the school board or the commissioners of the village district, the treasurer of the school district or the […]

Section 35:14 – Penalty.

    35:14 Penalty. – Any of the above officers failing to perform the duties above set forth, shall be guilty of a violation for every week said failure shall continue. Source. 1947, 91:2, par. 8d. RSA 35:14. 1973, 531:9, eff. Oct. 31, 1973, at 11:59 p.m.

Section 35:15 – Expenditures.

    35:15 Expenditures. – I. Persons holding said capital reserve funds in trust, as provided in this chapter, shall hold the same until such time as the town, district or county shall have voted to withdraw funds from such capital reserve fund or shall have named agents of the town, district or county to carry […]

Section 35:16 – Change of Purpose.

    35:16 Change of Purpose. – After the purpose for which a capital reserve fund is established has been determined, no change shall be made in the purpose for which said fund may be expended unless and until such change has been authorized by a vote of 2/3 of all the voters present and voting […]

Section 35:16-a – Discontinuing Fund.

    35:16-a Discontinuing Fund. – Any town, school district, village district or county which has established a capital reserve fund pursuant to the provisions of this chapter may, as provided by RSA 35:3, vote to discontinue such capital reserve fund. If such fund is discontinued, the trustees of the trust fund holding the account for […]

Section 35:17 – Audit; Records.

    35:17 Audit; Records. – The accounts of the persons holding capital reserve funds shall be audited annually by the auditor of the town, in the case of a town, district, or water works department, or by the commissioner of revenue administration, in the case of a county, the securities shall be exhibited to said […]

Section 35:18 – Disbursements.

    35:18 Disbursements. – No person holding in custody such capital reserve fund shall make any payment of income or principal or authorize the same to be done except in accordance with the provisions hereof. Whoever violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of […]

Section 35:2 – Custody of School District Reserves.

    35:2 Custody of School District Reserves. – Whenever any capital reserve of a school district is established the same shall be held in custody by the trustees of trust funds of the town wherein the school district lies or, in case of school district embracing 2 or more towns, by the trustees of trust […]

Section 35:3 – Meetings.

    35:3 Meetings. – Except as provided in RSA 35:7, the authority granted by RSA 35:1 shall be exercised only by a majority vote of the legal voters present and voting at an annual or special meeting in the case of a town, school district, or village district. The warrant for a town, school district, […]

Section 35:4 – Exception.

    35:4 Exception. – The authority hereby granted shall not be exercised by any city, except as may be necessary in connection with the authority granted by RSA 35:7. Source. 1943, 160:3, eff. May 5, 1943.

Section 35:5 – Payments Into Fund.

    35:5 Payments Into Fund. – There may be paid into any such capital reserve fund, except as provided in RSA 35:7, such amounts as may from time to time be raised and appropriated therefor under a special warrant article, from any source other than money given to the town, district, or county for charitable […]

Section 35:6 – Funds Received in Eminent Domain Proceedings.

    35:6 Funds Received in Eminent Domain Proceedings. – Any town, school district, village district or county which may receive funds from the United States or any agency thereof in eminent domain proceedings for the taking of its property or other public facilities or in settlement for such taking or of claims for damages to […]

Section 35:7 – Water Departments.

    35:7 Water Departments. – Any water works or sewer department of a city or town, organized by general law or special act of the legislature and financed principally by water or sewer rentals, may, by unanimous vote of the body charged with the administration thereof, whether the local governing body, water board, or a […]