State Codes and Statutes

Statutes > New-york > Gmu > Article-6 > 120-p

§  120-p.  Referendum  in  cities  and  villages.  In any such city or  village, whether acting severally or jointly, a copy of  such  contract,  for  construction mentioned in section one hundred twenty-c, with a copy  of the determination required in section one hundred  twenty-g,  if  the  expenditures  of such city or village to carry out such contracts are to  be paid by taxes levied for the fiscal year in which  such  expenditures  are  to  be  made  shall  be  published  at  least  twice in one or more  newspapers  published  therein,  including  the  official  newspaper  or  newspapers,  if any, of such city or village, or posted in not less than  five public  places,  and  published  at  least  twice  in  a  newspaper  circulating  in  such municipality if no newspaper is published therein.  In the event that the municipality  maintains  a  website,  one  of  the  posting requirements may be fulfilled by posting such information on the  website.  If,  within  fifteen  days after the publication or posting of  such contract and determination, a  protest  or  protests  against  such  contract  shall  be  filed  in  the  office of the clerk of such city or  village signed either by not less than one-third of the  governing  body  adopting  such  resolution  or  by  a  three per centum in number of the  taxpayers thereof whose names appear on the  last  preceding  assessment  roll  of real property, excluding special franchises, then such contract  shall not become effective unless the governing body shall by a  further  resolution  provide for the submission to the voters of a proposition to  ratify  such  contract,  nor  unless,  within  sixty  days  after   such  publication  or  posting  such proposition shall be adopted at a general  election or at a special  election  to  be  called  and  held  for  that  purpose,  by a majority of the voters voting on such proposition. At any  such election any person qualified to vote under  the  election  law  in  general  elections,  who is a resident of the city or village, may vote.  At least ten days' notice of any election under this  section  shall  be  given  by the clerk of the city or village by publication at least twice  in  one  or  more  newspapers,  including  the  official  newspaper   or  newspapers,  if  any, of such city or village, or by posting in at least  five public places, if no newspaper is published therein. Such  election  may be held and the result canvassed and certified as may be required by  any  general or special law applicable to an election upon a proposition  in any such city or village, or in the absence of any such law as may be  prescribed by any general ordinance. The  voting  shall  be  by  ballot,  prepared in the form prescribed by the election law. The facts as to the  filing and sufficiency of any protests under this section, and as to the  calling, holding or result of any election which may be required or held  under  this  section  or  under  any  other  statute with respect to the  authorization of  any  such  improvement  or  the  ratification  of  any  ordinance  authorizing the same, and all facts affecting the validity of  any contract mentioned in section one hundred  twenty-c,  including  the  organizations  or  acts  of  any  town  or sewer district shall, for the  purpose of this section, be conclusively determined by a  resolution  of  the  governing  body  of  any such city, town or village. A copy of such  resolution shall be published twice in one or more newspapers, including  the official newspaper or newspapers, if any,  of  such  city,  town  or  village,  or  posted in not less than five public places if no newspaper  is published therein, and the facts therein stated shall not be disputed  in any action commenced after the expiration  of  ten  days  after  such  publication  or  posting  involving the validity of such contract, or of  any tax, assessment or other charge to meet any payment thereunder,  and  such  contract  shall  be conclusively deemed to be valid unless entered  into in violation of  this  section,  section  one  hundred  twenty,  or  section one hundred twenty-c of this chapter.

State Codes and Statutes

Statutes > New-york > Gmu > Article-6 > 120-p

§  120-p.  Referendum  in  cities  and  villages.  In any such city or  village, whether acting severally or jointly, a copy of  such  contract,  for  construction mentioned in section one hundred twenty-c, with a copy  of the determination required in section one hundred  twenty-g,  if  the  expenditures  of such city or village to carry out such contracts are to  be paid by taxes levied for the fiscal year in which  such  expenditures  are  to  be  made  shall  be  published  at  least  twice in one or more  newspapers  published  therein,  including  the  official  newspaper  or  newspapers,  if any, of such city or village, or posted in not less than  five public  places,  and  published  at  least  twice  in  a  newspaper  circulating  in  such municipality if no newspaper is published therein.  In the event that the municipality  maintains  a  website,  one  of  the  posting requirements may be fulfilled by posting such information on the  website.  If,  within  fifteen  days after the publication or posting of  such contract and determination, a  protest  or  protests  against  such  contract  shall  be  filed  in  the  office of the clerk of such city or  village signed either by not less than one-third of the  governing  body  adopting  such  resolution  or  by  a  three per centum in number of the  taxpayers thereof whose names appear on the  last  preceding  assessment  roll  of real property, excluding special franchises, then such contract  shall not become effective unless the governing body shall by a  further  resolution  provide for the submission to the voters of a proposition to  ratify  such  contract,  nor  unless,  within  sixty  days  after   such  publication  or  posting  such proposition shall be adopted at a general  election or at a special  election  to  be  called  and  held  for  that  purpose,  by a majority of the voters voting on such proposition. At any  such election any person qualified to vote under  the  election  law  in  general  elections,  who is a resident of the city or village, may vote.  At least ten days' notice of any election under this  section  shall  be  given  by the clerk of the city or village by publication at least twice  in  one  or  more  newspapers,  including  the  official  newspaper   or  newspapers,  if  any, of such city or village, or by posting in at least  five public places, if no newspaper is published therein. Such  election  may be held and the result canvassed and certified as may be required by  any  general or special law applicable to an election upon a proposition  in any such city or village, or in the absence of any such law as may be  prescribed by any general ordinance. The  voting  shall  be  by  ballot,  prepared in the form prescribed by the election law. The facts as to the  filing and sufficiency of any protests under this section, and as to the  calling, holding or result of any election which may be required or held  under  this  section  or  under  any  other  statute with respect to the  authorization of  any  such  improvement  or  the  ratification  of  any  ordinance  authorizing the same, and all facts affecting the validity of  any contract mentioned in section one hundred  twenty-c,  including  the  organizations  or  acts  of  any  town  or sewer district shall, for the  purpose of this section, be conclusively determined by a  resolution  of  the  governing  body  of  any such city, town or village. A copy of such  resolution shall be published twice in one or more newspapers, including  the official newspaper or newspapers, if any,  of  such  city,  town  or  village,  or  posted in not less than five public places if no newspaper  is published therein, and the facts therein stated shall not be disputed  in any action commenced after the expiration  of  ten  days  after  such  publication  or  posting  involving the validity of such contract, or of  any tax, assessment or other charge to meet any payment thereunder,  and  such  contract  shall  be conclusively deemed to be valid unless entered  into in violation of  this  section,  section  one  hundred  twenty,  or  section one hundred twenty-c of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-6 > 120-p

§  120-p.  Referendum  in  cities  and  villages.  In any such city or  village, whether acting severally or jointly, a copy of  such  contract,  for  construction mentioned in section one hundred twenty-c, with a copy  of the determination required in section one hundred  twenty-g,  if  the  expenditures  of such city or village to carry out such contracts are to  be paid by taxes levied for the fiscal year in which  such  expenditures  are  to  be  made  shall  be  published  at  least  twice in one or more  newspapers  published  therein,  including  the  official  newspaper  or  newspapers,  if any, of such city or village, or posted in not less than  five public  places,  and  published  at  least  twice  in  a  newspaper  circulating  in  such municipality if no newspaper is published therein.  In the event that the municipality  maintains  a  website,  one  of  the  posting requirements may be fulfilled by posting such information on the  website.  If,  within  fifteen  days after the publication or posting of  such contract and determination, a  protest  or  protests  against  such  contract  shall  be  filed  in  the  office of the clerk of such city or  village signed either by not less than one-third of the  governing  body  adopting  such  resolution  or  by  a  three per centum in number of the  taxpayers thereof whose names appear on the  last  preceding  assessment  roll  of real property, excluding special franchises, then such contract  shall not become effective unless the governing body shall by a  further  resolution  provide for the submission to the voters of a proposition to  ratify  such  contract,  nor  unless,  within  sixty  days  after   such  publication  or  posting  such proposition shall be adopted at a general  election or at a special  election  to  be  called  and  held  for  that  purpose,  by a majority of the voters voting on such proposition. At any  such election any person qualified to vote under  the  election  law  in  general  elections,  who is a resident of the city or village, may vote.  At least ten days' notice of any election under this  section  shall  be  given  by the clerk of the city or village by publication at least twice  in  one  or  more  newspapers,  including  the  official  newspaper   or  newspapers,  if  any, of such city or village, or by posting in at least  five public places, if no newspaper is published therein. Such  election  may be held and the result canvassed and certified as may be required by  any  general or special law applicable to an election upon a proposition  in any such city or village, or in the absence of any such law as may be  prescribed by any general ordinance. The  voting  shall  be  by  ballot,  prepared in the form prescribed by the election law. The facts as to the  filing and sufficiency of any protests under this section, and as to the  calling, holding or result of any election which may be required or held  under  this  section  or  under  any  other  statute with respect to the  authorization of  any  such  improvement  or  the  ratification  of  any  ordinance  authorizing the same, and all facts affecting the validity of  any contract mentioned in section one hundred  twenty-c,  including  the  organizations  or  acts  of  any  town  or sewer district shall, for the  purpose of this section, be conclusively determined by a  resolution  of  the  governing  body  of  any such city, town or village. A copy of such  resolution shall be published twice in one or more newspapers, including  the official newspaper or newspapers, if any,  of  such  city,  town  or  village,  or  posted in not less than five public places if no newspaper  is published therein, and the facts therein stated shall not be disputed  in any action commenced after the expiration  of  ten  days  after  such  publication  or  posting  involving the validity of such contract, or of  any tax, assessment or other charge to meet any payment thereunder,  and  such  contract  shall  be conclusively deemed to be valid unless entered  into in violation of  this  section,  section  one  hundred  twenty,  or  section one hundred twenty-c of this chapter.