State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-3 > 33-10

§  33.10  Mandatory or permissive referenda in counties.  a. Except as  otherwise  provided  in  paragraph  b  of  this  section   neither   the  expenditure  of  money for an object or purpose for which it is proposed  to issue obligations nor a bond resolution or  capital  note  resolution  shall  be  subject  to  a  mandatory  or  a permissive referendum in any  county.    b. 1. In the county of Westchester, a bond act adopted by the board of  legislators authorizing the issuance of bonds or bonds and capital notes  in an amount in excess of ten million dollars  to  finance  any  capital  improvement,  shall not become effective until submitted at a general or  special election and approved by a majority of the  votes  cast  on  the  question  of the approval or disapproval of such act.  The provisions of  this subdivision shall not apply to bond acts authorizing  the  issuance  of  bonds  or  bonds  and capital notes to provide for the construction,  reconstruction  or  modification  of  facilities  for  the   conveyance,  treatment  and  disposal  of  sewage  required by any order of the state  commissioner  of  health  or  of  the  commissioner   of   environmental  conservation  directing  compliance  with  standards,  determinations or  orders promulgated pursuant to article seventeen or article nineteen  of  the  environmental conservation law, or any order of an agency acting in  accordance with an interstate  compact,  to  prevent  pollution  of  the  waters  of  the  state or to ameliorate noxious odors, emissions, insect  proliferation or other conditions arising as a consequence of  operating  such a facility.    The  provision  of  this  subdivision  shall  not  apply  to bond acts  authorizing the issuance of bonds or bonds and capital notes to  provide  for  the  construction  or  reconstruction of facilities, acquisition of  sites, collection and disposition of solid wastes, required by any order  of county, state, or federal agencies  or  courts  directing  compliance  with  standards,  determinations, or orders promulgated by such agencies  or courts.    The provisions of this  subdivision  shall  not  apply  to  bond  acts  authorizing  the issuance of bonds or bonds and capital notes to provide  for construction, reconstruction or acquisition  of  hospital  buildings  and  other  buildings  incidental  or  related  to  or supportive of the  hospital buildings, whether or not including the acquisition of land  or  permanent  rights  in  land  as  the  site  thereof,  and whether or not  including the grading or improvement of  such  site,  and  the  original  furnishings, equipment, machinery or apparatus required for the purposes  for which such buildings are to be used, all to the extent the foregoing  are  the  subject  matter  of  a  lease and sub-lease dated as of August  twenty-eighth, nineteen hundred seventy-three, by and between the county  of Westchester and  the  New  York  state  housing  finance  agency  and  facilities development corporation.    2.  If,  prior  to  the  effective  date of this chapter in any county  operating under an alternative or optional form of government, the board  of supervisors of such county is empowered to submit to a referendum  at  any  general  or  special  election  any  act or resolution of the board  providing for the expenditure of any sum greater than two hundred  fifty  thousand  dollars  for  a  permanent  public improvement or improvements  whether or not obligations are to be  issued  for  such  improvement  or  improvements,  the  finance  board  of  such  county  may  submit  to  a  referendum at any general or special election, in the manner provided in  such alternative or optional form of government, any act  or  resolution  providing  for the expenditure of any sum greater than two hundred fifty  thousand dollars for a permanent public improvement or improvements  for  which it intends to issue obligations.2.  A resolution authorizing the issuance of bonds or capital notes by  a county for the object or purpose described in  subdivision  forty-nine  of  paragraph  a  of  section  11.00  of  the local finance law shall be  subject to a permissive referendum in the  manner  provided  in  article  three-A of the county law as amended from time to time.

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-3 > 33-10

§  33.10  Mandatory or permissive referenda in counties.  a. Except as  otherwise  provided  in  paragraph  b  of  this  section   neither   the  expenditure  of  money for an object or purpose for which it is proposed  to issue obligations nor a bond resolution or  capital  note  resolution  shall  be  subject  to  a  mandatory  or  a permissive referendum in any  county.    b. 1. In the county of Westchester, a bond act adopted by the board of  legislators authorizing the issuance of bonds or bonds and capital notes  in an amount in excess of ten million dollars  to  finance  any  capital  improvement,  shall not become effective until submitted at a general or  special election and approved by a majority of the  votes  cast  on  the  question  of the approval or disapproval of such act.  The provisions of  this subdivision shall not apply to bond acts authorizing  the  issuance  of  bonds  or  bonds  and capital notes to provide for the construction,  reconstruction  or  modification  of  facilities  for  the   conveyance,  treatment  and  disposal  of  sewage  required by any order of the state  commissioner  of  health  or  of  the  commissioner   of   environmental  conservation  directing  compliance  with  standards,  determinations or  orders promulgated pursuant to article seventeen or article nineteen  of  the  environmental conservation law, or any order of an agency acting in  accordance with an interstate  compact,  to  prevent  pollution  of  the  waters  of  the  state or to ameliorate noxious odors, emissions, insect  proliferation or other conditions arising as a consequence of  operating  such a facility.    The  provision  of  this  subdivision  shall  not  apply  to bond acts  authorizing the issuance of bonds or bonds and capital notes to  provide  for  the  construction  or  reconstruction of facilities, acquisition of  sites, collection and disposition of solid wastes, required by any order  of county, state, or federal agencies  or  courts  directing  compliance  with  standards,  determinations, or orders promulgated by such agencies  or courts.    The provisions of this  subdivision  shall  not  apply  to  bond  acts  authorizing  the issuance of bonds or bonds and capital notes to provide  for construction, reconstruction or acquisition  of  hospital  buildings  and  other  buildings  incidental  or  related  to  or supportive of the  hospital buildings, whether or not including the acquisition of land  or  permanent  rights  in  land  as  the  site  thereof,  and whether or not  including the grading or improvement of  such  site,  and  the  original  furnishings, equipment, machinery or apparatus required for the purposes  for which such buildings are to be used, all to the extent the foregoing  are  the  subject  matter  of  a  lease and sub-lease dated as of August  twenty-eighth, nineteen hundred seventy-three, by and between the county  of Westchester and  the  New  York  state  housing  finance  agency  and  facilities development corporation.    2.  If,  prior  to  the  effective  date of this chapter in any county  operating under an alternative or optional form of government, the board  of supervisors of such county is empowered to submit to a referendum  at  any  general  or  special  election  any  act or resolution of the board  providing for the expenditure of any sum greater than two hundred  fifty  thousand  dollars  for  a  permanent  public improvement or improvements  whether or not obligations are to be  issued  for  such  improvement  or  improvements,  the  finance  board  of  such  county  may  submit  to  a  referendum at any general or special election, in the manner provided in  such alternative or optional form of government, any act  or  resolution  providing  for the expenditure of any sum greater than two hundred fifty  thousand dollars for a permanent public improvement or improvements  for  which it intends to issue obligations.2.  A resolution authorizing the issuance of bonds or capital notes by  a county for the object or purpose described in  subdivision  forty-nine  of  paragraph  a  of  section  11.00  of  the local finance law shall be  subject to a permissive referendum in the  manner  provided  in  article  three-A of the county law as amended from time to time.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lfn > Article-2 > Title-3 > 33-10

§  33.10  Mandatory or permissive referenda in counties.  a. Except as  otherwise  provided  in  paragraph  b  of  this  section   neither   the  expenditure  of  money for an object or purpose for which it is proposed  to issue obligations nor a bond resolution or  capital  note  resolution  shall  be  subject  to  a  mandatory  or  a permissive referendum in any  county.    b. 1. In the county of Westchester, a bond act adopted by the board of  legislators authorizing the issuance of bonds or bonds and capital notes  in an amount in excess of ten million dollars  to  finance  any  capital  improvement,  shall not become effective until submitted at a general or  special election and approved by a majority of the  votes  cast  on  the  question  of the approval or disapproval of such act.  The provisions of  this subdivision shall not apply to bond acts authorizing  the  issuance  of  bonds  or  bonds  and capital notes to provide for the construction,  reconstruction  or  modification  of  facilities  for  the   conveyance,  treatment  and  disposal  of  sewage  required by any order of the state  commissioner  of  health  or  of  the  commissioner   of   environmental  conservation  directing  compliance  with  standards,  determinations or  orders promulgated pursuant to article seventeen or article nineteen  of  the  environmental conservation law, or any order of an agency acting in  accordance with an interstate  compact,  to  prevent  pollution  of  the  waters  of  the  state or to ameliorate noxious odors, emissions, insect  proliferation or other conditions arising as a consequence of  operating  such a facility.    The  provision  of  this  subdivision  shall  not  apply  to bond acts  authorizing the issuance of bonds or bonds and capital notes to  provide  for  the  construction  or  reconstruction of facilities, acquisition of  sites, collection and disposition of solid wastes, required by any order  of county, state, or federal agencies  or  courts  directing  compliance  with  standards,  determinations, or orders promulgated by such agencies  or courts.    The provisions of this  subdivision  shall  not  apply  to  bond  acts  authorizing  the issuance of bonds or bonds and capital notes to provide  for construction, reconstruction or acquisition  of  hospital  buildings  and  other  buildings  incidental  or  related  to  or supportive of the  hospital buildings, whether or not including the acquisition of land  or  permanent  rights  in  land  as  the  site  thereof,  and whether or not  including the grading or improvement of  such  site,  and  the  original  furnishings, equipment, machinery or apparatus required for the purposes  for which such buildings are to be used, all to the extent the foregoing  are  the  subject  matter  of  a  lease and sub-lease dated as of August  twenty-eighth, nineteen hundred seventy-three, by and between the county  of Westchester and  the  New  York  state  housing  finance  agency  and  facilities development corporation.    2.  If,  prior  to  the  effective  date of this chapter in any county  operating under an alternative or optional form of government, the board  of supervisors of such county is empowered to submit to a referendum  at  any  general  or  special  election  any  act or resolution of the board  providing for the expenditure of any sum greater than two hundred  fifty  thousand  dollars  for  a  permanent  public improvement or improvements  whether or not obligations are to be  issued  for  such  improvement  or  improvements,  the  finance  board  of  such  county  may  submit  to  a  referendum at any general or special election, in the manner provided in  such alternative or optional form of government, any act  or  resolution  providing  for the expenditure of any sum greater than two hundred fifty  thousand dollars for a permanent public improvement or improvements  for  which it intends to issue obligations.2.  A resolution authorizing the issuance of bonds or capital notes by  a county for the object or purpose described in  subdivision  forty-nine  of  paragraph  a  of  section  11.00  of  the local finance law shall be  subject to a permissive referendum in the  manner  provided  in  article  three-A of the county law as amended from time to time.