Section 36.00. Bond resolution subject to permissive referendum; villages  


Latest version.
  • a. A bond resolution adopted by the finance board of a village shall  be
      subject  to  a permissive referendum or such resolution may be submitted
      to a referendum by such finance board on its own motion, in  the  manner
      prescribed  in  article nine of the village law, as amended from time to
      time. The foregoing provisions of this paragraph shall not  apply  to  a
      bond resolution authorizing the issuance of bonds:
        1. With a proposed maturity of not more than five years to be measured
      from  the  date  of  the  bonds  or  from  the  date  of  the first bond
      anticipation note issued in anticipation of  the  sale  of  such  bonds,
      whichever date is the earlier.
        2.  For  a  capital improvement or equipment, of which any part of the
      cost is chargeable primarily to benefited real property.
        3. For the construction, pavement or other improvement of a street  or
      highway through such village, the cost of which is to be paid in part by
      such  village  and  in  part  by the county or state, as provided in the
      highway law, as amended from time to time.
        4. For the payment of judgments,  or  compromised  or  settled  claims
      against such village, or awards or sums payable by such village pursuant
      to  a  determination by a court, or an officer, body or agency acting in
      an administrative or quasi-judicial capacity.
        5. To provide for the construction or reconstruction of facilities for
      the conveyance, treatment and disposal of sewage required by  any  order
      of the state commissioner of health or of the water resources commission
      directing   compliance   with   standards,   determinations   or  orders
      promulgated pursuant to article twelve  of  the  public  health  law  to
      prevent pollution of the waters of the state.
        6. To provide for construction or reconstruction of facilities for the
      incineration and disposal of refuse and garbage required by any order of
      the  commissioner  of  health, the air pollution control board or county
      health commissioner directing compliance with standards,  determinations
      or  orders promulgated pursuant to article twelve-A of the public health
      law or pursuant to a local law, ordinance or regulation of the governing
      body of a county, which complies with at least  the  minimum  applicable
      requirements  set  forth  in  any  code,  rule or regulation promulgated
      pursuant to article twelve-A  of  the  public  health  law  to  prevent,
      control or prohibit pollution of the air resources of the state.
        b.  The  expenditure  of  money  for  which  it  is  proposed to issue
      obligations shall not be subject to a permissive or mandatory referendum
      in any village.