(a) The average full valuation of such city, town or village and
(b) The average full valuation of the real property within such city,
town or village subject to the levy of taxes or benefit assessments by
or on behalf of the petitioning district corporation.
e. The finance board of each such city, town or village may require
any officer, board or agency of such municipality or of the district
corporation to furnish such additional data and information in his or
its possession as such finance board deems necessary to enable it to
make its decision as to whether or not to grant the consent petitioned
for.
f. The chief fiscal officer shall present the petition of the district
corporation to the finance board of such city, town or village together
with his certificate at the next regular meeting of such board to be
held after the preparation of his certificate or at a special meeting
thereof called for the purpose of fixing a time and place for a public
hearing on such petition. Upon presentation of the petition and
certificate, the finance board of such city, town or village shall adopt
a resolution fixing a time and place for a public hearing upon such
petition and shall cause a notice thereof to be published at least once
in the official newspaper or newspapers of such municipality, or if
there be no such newspaper or newspapers, then in a newspaper having a
general circulation in such city, town or village. The first publication
thereof shall be not less than ten days nor more than twenty days before
the day designated therein for the hearing. Such notice shall specify
the purpose of the hearing and the time when and place where such
finance board will meet to consider such petition. It shall also set
forth in full the certificate of the chief fiscal officer of such city,
town or village. Such publication shall be at the expense of the
petitioning district corporation.
g. After a public hearing held upon notice as hereinbefore provided,
the consent of such city, town or village may be granted by at least a
two-thirds vote of the voting strength of such finance board. If such
finance board shall consent to the contracting of indebtedness in an
amount which would increase the indebtedness of such city, town or
village by three per centum of the average full valuation thereof, such
action shall:
1. In the case of a city, be subject to a permissive referendum if a
procedure for a permissive referendum shall have been adopted by local
law pursuant to section 34.00 of this chapter.
2. (a) In the case of a town of the first class, be subject to a
permissive referendum in the manner provided in section 35.00 of this
chapter.
(b) In the case of a town of the second class, be subject to a
mandatory referendum in the manner provided in article six of the town
law.
3. In the case of a village, be subject to a permissive referendum in
the manner provided in section 36.00 of this chapter.
h. If all the cities, towns or villages affected do not give their
consent to the petitioning district corporation in the manner provided
in this section, such corporate district shall not contract such
indebtedness.
Structure New York Laws
Article 2 - Local Indebtedness
Title 8 - Limitations on the Power to Contract Indebtedness
100.00 - Requirement of Pledge of Faith and Credit.
103.00 - Limitation on the Power of Cities and Villages to Authorize Certain Obligations.
104.00 - Limitation on Amount of Local Indebtedness Which May Be Contracted.
104.10 - Additional Limitations on the Power to Contract Indebtedness.
106.00 - When Debt-Contracting Power of Certain Counties and Towns Shall Cease.
108.00 - Financing of Safety Net Assistance on a Pay-as-You-Go Basis.