Bond Resolution, or Note Resolution or Certificate, Containing Estoppel Clause; Publication and Notice.
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Law
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New York Laws
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Local Finance
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Local Indebtedness
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Local Obligations: Estoppel From Contesting Validity Thereof
- Bond Resolution, or Note Resolution or Certificate, Containing Estoppel Clause; Publication and Notice.
§ 81.00 Bond resolution, or note resolution or certificate, containing
estoppel clause; publication and notice. a. If a resolution of a finance
board authorizing the issuance of bonds or notes or the certificate of a
chief fiscal officer authorizing the issuance of notes contains the
statement referred to in section 80.00 of this chapter, such resolution
after adoption, or a summary of such resolution, or such certificate
after its execution and filing, shall be published in full by the clerk
of the municipality, school district or district corporation or such
other official or person as the finance board or such fiscal officer may
designate, together with a notice in substantially the following form:
"The resolution (or the resolution a summary of which is) (or
certificate) published herewith has been adopted (or authorized) on
the day of , 19 , and the validity of the obligations authorized
by such resolution (or certificate) may be hereafter contested only if
such obligations were authorized for an object or purpose for which the
(Here insert name of municipality, school district or district
corporation) is not authorized to expend money or if the provisions of
law which should have been complied with as of the date of publication
of this notice were not substantially complied with, and an action, suit
or proceeding contesting such validity is commenced within twenty days
after the date of publication of this notice, or such obligations were
authorized in violation of the provisions of the constitution.
........................................................................Clerk or other official or person designated by the finance board or
chief fiscal officer)"
If a summary of such resolution is published as provided in this
section, such summary shall list the class or classes of objects or
purposes for which the obligations to be authorized by such resolution
are to be issued together with the period or periods of probable
usefulness and the amount of obligations to be issued for each such
class of objects or purposes, and in addition, such summary shall state
an office of the municipality, school district or district corporation
where the resolution summarized thereby shall be available for public
inspection. Such resolution shall be kept available for public
inspection at such office during normal business hours for twenty days
following the publication of such summary as provided in this title.
b. However, if such resolution is subject to a mandatory or permissive
referendum, or is submitted to a referendum by the finance board on its
own motion, such resolution or summary thereof shall not be published
together with such notice until it shall have been approved at such a
referendum or, in the case of a resolution subject to a permissive
referendum, until the period of time shall have elapsed for the
submission and filing of a petition for a permissive referendum and a
valid petition shall not have been submitted and filed, and such notice
shall state that such resolution has been approved at such a referendum
or, in the case of a resolution subject to a permissive referendum, that
the period of time has elapsed for the submission and filing of a
petition for a permissive referendum and a valid petition has not been
submitted and filed, as the case may be.
c. If any bond resolution or capital note resolution does not contain
a determination of the period of probable usefulness of the specific
object or purpose or class of objects or purposes for which such
resolution authorizes the issuance of obligations, there shall be
published, together with such resolution or summary thereof and notice,
the certificate of the appropriate body or official containing such
determination.
d. Such publication as shall be required by this section shall be in
the official newspaper or newspapers of the municipality, school
district or district corporation or if there be no such newspaper or
newspapers, then in such newspaper or newspapers having a general
circulation in the municipality, school district or district corporation
as the finance board shall designate.
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