N.Y. Local Finance Law § 36.00: Bond resolution subject to permissive referendum; villages

§ 36.00 Bond resolution subject to permissive referendum; villages.

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.