N.Y. General Municipal Law § 120-p: Referendum in cities and villages

§ 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.