§ 120-P — Referendum in cities and villages

New York § 120-P

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 6: Public Health and Safety

Text

§ 120-p. Referendum in cities and villages. In any such city or\nvillage, whether acting severally or jointly, a copy of such contract,\nfor construction mentioned in section one hundred twenty-c, with a copy\nof the determination required in section one hundred twenty-g, if the\nexpenditures of such city or village to carry out such contracts are to\nbe paid by taxes levied for the fiscal year in which such expenditures\nare to be made shall be published at least twice in one or more\nnewspapers published therein, including the official newspaper or\nnewspapers, if any, of such city or village, or posted in not less than\nfive public places, and published at least twice in a newspaper\ncirculating in such municipality if no newspaper is published therein.\nIn the event that the municipality maintains a website, one of the\nposting requirements may be fulfilled by posting such information on the\nwebsite. If, within fifteen days after the publication or posting of\nsuch contract and determination, a protest or protests against such\ncontract shall be filed in the office of the clerk of such city or\nvillage signed either by not less than one-third of the governing body\nadopting such resolution or by a three per centum in number of the\ntaxpayers thereof whose names appear on the last preceding assessment\nroll of real property, excluding special franchises, then such contract\nshall not become effective unless the governing body shall by a further\nresolution provide for the submission to the voters of a proposition to\nratify such contract, nor unless, within sixty days after such\npublication or posting such proposition shall be adopted at a general\nelection or at a special election to be called and held for that\npurpose, by a majority of the voters voting on such proposition. At any\nsuch election any person qualified to vote under the election law in\ngeneral elections, who is a resident of the city or village, may vote.\nAt least ten days' notice of any election under this section shall be\ngiven by the clerk of the city or village by publication at least twice\nin one or more newspapers, including the official newspaper or\nnewspapers, if any, of such city or village, or by posting in at least\nfive public places, if no newspaper is published therein. Such election\nmay be held and the result canvassed and certified as may be required by\nany general or special law applicable to an election upon a proposition\nin any such city or village, or in the absence of any such law as may be\nprescribed by any general ordinance. The voting shall be by ballot,\nprepared in the form prescribed by the election law. The facts as to the\nfiling and sufficiency of any protests under this section, and as to the\ncalling, holding or result of any election which may be required or held\nunder this section or under any other statute with respect to the\nauthorization of any such improvement or the ratification of any\nordinance authorizing the same, and all facts affecting the validity of\nany contract mentioned in section one hundred twenty-c, including the\norganizations or acts of any town or sewer district shall, for the\npurpose of this section, be conclusively determined by a resolution of\nthe governing body of any such city, town or village. A copy of such\nresolution shall be published twice in one or more newspapers, including\nthe official newspaper or newspapers, if any, of such city, town or\nvillage, or posted in not less than five public places if no newspaper\nis published therein, and the facts therein stated shall not be disputed\nin any action commenced after the expiration of ten days after such\npublication or posting involving the validity of such contract, or of\nany tax, assessment or other charge to meet any payment thereunder, and\nsuch contract shall be conclusively deemed to be valid unless entered\ninto in violation of this section, section one hundred twenty, or\nsection one hundred twenty-c of this chapter.\n