A.
Any bond resolution of the Common Council creating a city debt to
be evidenced by the issuance of bonds, other than the bonds hereinafter
expressly excepted, shall be adopted subject to a mandatory referendum
for the express purpose of approval or disapproval of the bond resolution
by a majority of the qualified voters voting thereon at a special
election held not less than twenty (20) nor more than thirty (30)
days after such bond resolution shall have been adopted by the Common
Council.
B.
The Common Council shall, by resolution, determine the date and place
thereof and the hours of opening and closing of the polls and shall
cause a notice of such election to be published by the City Clerk-Treasurer
in the official newspaper at least twice, the first publication to
be not less than ten (10) days nor more than thirty (30) days prior
to the election. Such notice shall also contain an abstract of the
bond resolution, concisely stating the purpose and effect thereof.
Such special election shall be held at one (1) central place, to be
designated in the resolution, by and under the supervision of the
City Clerk-Treasurer or his deputy. The Common Council shall canvass
the votes cast immediately after the closing of the polls and shall
forthwith make a certificate stating the whole number of ballots voted
at such election and the number of votes cast for and against the
proposition and shall cause the result of the election so certified
to be entered in its minutes. If a majority of the qualified voters
voting on the proposition vote in favor of the approval of the bond
resolution, the bonds may thereupon be issued to such resolution.
To be qualified to vote at such election, the voter must be a registered
voter of the City of Port Jervis.
C.
The provisions of this section shall not apply to bond resolutions
authorizing the issuance of refunding bonds, or bonds for payment
of judgments or compromised or settled claims against such city, or
awards or sums payable by such city pursuant to a determination by
a court or an officer, body or agency acting in an administrative
or quasi-judicial capacity or bonds to be issued to finance public
improvements which the Common Council has determined by resolution
are necessary for the public health or safety and/or which are mandated
or otherwise required by the County of Orange, State of New York,
or the United States of America or any agencies, public corporations
or departments of the foregoing which possess the power to mandate
or require such work and/or improvements at city expense.
[Amended 6-12-2000 by L.L. No. 5-2000, approved 6-12-2000]
[1]
Editor's Note: This local law also repealed former §
C10-1, Right to incur indebtedness, added 3-12-1984 by L.L. No. 2-1984,
approved 4-9-1984.
The proceeds of bonds and notes, other than tax or revenue anticipation
notes, shall be deposited with the City Clerk-Treasurer, and shall
be disbursed by the City Clerk-Treasurer only upon order of the Common
Council or department or board of the city having charge of the expenditures
thereof.
The Common Council shall prescribe the amount of the bond which
the City Clerk-Treasurer shall give to the City of Port Jervis, conditioned
for the proper discharge of his duties in receiving and disbursing
the proceeds of the sale of any bonds or notes of the city; such bond
shall be approved by the Common Council.
The principal of and the interest on bonds, notes or other obligations,
when due and payable, shall be paid by the City Clerk-Treasurer from
any funds in his possession applicable to that purpose.
