... Local Finance Law, as the Village Treasurer shall determine consistent with the provisions of the Local Finance Law. that at a regular meeting, held on March 11, 2021, the Town Board of the Town of Hamilton, Madison County, New York, duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Article 7 of the New York State Town Law. I hereby certify that the local law annexed hereto, designated as local law No. As they make no claim that the procedural requirements of General Municipal Law § 120-w were violated, or that annulment of the resolution and the agreement is otherwise justified, the petition was properly dismissed. NOTICE IS HEREBY GIVEN that the Town Board of the Town of Marcellus, Onondaga County, New York, at a meeting held on the 27th day of January, 2021, duly adopted a resolution, which is published herewith subject to a permissive referendum pursuant to Article 7 of the Town Law. On April 16, 2013, Respondent Town Board of the Town of Kent adopted a Resolution involving a lease of property to Petitioner Homeland Towers, LLC authorizing the Town Supervisor to execute an Amended Lease Agreement, subject to a permissive referendum as set forth in Town law § 90 (Verified Petition, Exh. was duly passed by the ,, and was1f9pproved)(not approved) ... New York Town Law.§ 130(1 … A great majority (52 of 60) of towns in Ulster, Orange, and Dutchess counties have retained two year terms for their supervisors. WHEREAS, the permission of the State Comptroller is not required pursuant to section 209-f of the Town Law. NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ramapo, County of Rockland, State of New York, at a regular Town Board Meeting thereof, held on May 13, 2020, duly adopted, a Resolution, an abstract of which is as follows:. Posted in Legal Notices, TOR_News permalink. Town of Riverhead, held on March 18, 2015, the Town Board duly adopted a resolution, an abstract of which follows, which resolution was made subject to a permissive referendum pursuant to the provisions of Town Law and Municipal Home Rule Law: TOWN BOARD AUTHORIZATION FOR OFFICE OF TOWN ATTORNEY TO PROCEED WITH 4. A bond resolution adopted by the finance board of any town for the purpose of financing a town highway improvement 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 seven of the town law, as amended from time to … That this Resolution will take effect upon posting and publishing of the Notice of Resolution as required by law and expiration of the referendum period. TOWN OF RAMAPO, NEW YORK . The new law addresses this commitment by entrusting authority to both the East Hampton Town Board as well as residents. A copy of the lease agreement is available at the office of the Town Clerk. NOTICE IS HEREBY GIVEN that the Town Board of the Town of Kirkwood, at a regular meeting thereof held on the 4th day of May, 2021, duly adopted, subject to a permissive referendum, a resolution which is as follows: authorized by state law to conduct a referendum for a repealing resolution. 20. The Local Law requires the establishment of a Capital Reserve fund created under General Municipal Law Section 6-C. You ask whether the sale by a town of an historic building pursuant to General Municipal Law, §119-dd(4) is subject to the permissive referendum requirements of Town Law, §64(2). When the statute was amended, the threshold amounts for a permissive referendum were boosted from $50,000 to $100,000, and from $10,000 to $20,000 for dispositions without any referendum. in accordance with Article 7 of the Town Law within ten (10) days; and it is, FURTHER RESOLVED, that upon the expiration of the permissive referendum period, the Town Supervisor is authorized to execute all documents required to complete the Option and Ground Lease Agreement subject to the review and approval of the Town Attorney for 4. A permissive referendum is a legal mechanism available for a community to vote on a decision directly, rather than having the issued decided solely by governing board. the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. NOTICE OF ANNUAL ELECTION SALISBURY MILLS FIRE DISTRICT PLEASE TAKE NOTICE that the Annual Election of the Salisbury Mills Fire District will take place on December 10, 2019, between the hours of 6:00 P.M. and 9:00 P.M. at the Mt. See N.Y. Town Law 276 PERMISSIVE REFERENDUM . 20 .inaccordance withthe applicable provisionsof law. Read the code on FindLaw , . When the statute was amended, the threshold amounts for a permissive referendum were boosted from $50,000 to $100,000, and from $10,000 to $20,000 for dispositions without any referendum. Facebook Twitter Email Section 90 . Section 94 provides that a town board, on its own motion, may cause to be submitted for voter approval any board resolution against which a petition for permissive referendum could be filed pursuant to Town Law. NY LAW says this CAN NOT BE DONE as the Town is doing! the Town Law, Village Law or the General City Law and particular City Charters. , 4. Permissive Referendum – Town Wide Lighting. Section 4. The role of Bond Counsel The firm secured a precedent setting victory in obtaining the dismissal of a permissive referendum petition (“Referendum Petition”) brought by adjoining landowners who objected to a lease of municipal property for the construction of a wireless telecommunications tower. The municipality may hold a permissive referendum on the issuance of bonds to finance the construction of the library if the Town of Owasco-legal 2 BRISTOL AVE., Auburn, NY 13021 315-253-0726 Resolution" Resolution" 4. the property value did not exceed the sum of $10,000, in which case a permissive referendum was not required. A permissive referendum is a process by which members of the public may petition the Town Board to require the matter be submitted to a public vote. “A permissive referendum on a local law to opt out can be put on the ballot by the town or village board on its own motion, or the public can petition for a referendum if the board does not put it on the ballot … I think if a town or village is going to opt out, they should put it on the ballot and not make residents petition for it.” P This booklet contains the text of the statutes I hereby certify that the local law annexed hereto, designated as local law No 1 of 20 13 of the (County)(City)(Town)(Village) of Chenango was duly passed by the Permissive Referendum The adoption of this Local Law is subject to Permissive Referendum pursuant to Article 7 of the New York State Town Law. Town Board of the Town of LaGrange, Dutchess County, New York (the “Town”) duly adopted a resolution, a copy of which is attached hereto, which resolution is subject to permissive referendum pursuant to Town Law Article 7. Such resolution is subject to permissive referendum as provided by Article 7 of NYS Town law. Our analysis begins by recognizing that a town may, subject to permissive referendum, convey an easement on real property (see Town Law § 64 [2]; Western N.Y. Land Conservancy v Town of Amherst, 4 AD3d 889, 890-891 [2004]; 1981 Ops St Comp No. RESOLUTION WHEREAS, the Yorktown Heights Fire District, under the obligation and authority to purchase apparatus for the extinguishment and prevention of fires and for the purpose of emergency rescue (Town Law … We have also been asked whether this local law would be subject to a permissive referendum pursuant to section 24 of the Municipal Home Rule Law. Id. TWN - Town Article 7 - (Town) PERMISSIVE REFERENDUM. Town Law §§ 81, 81(1)(b), 81(1)(c), 220, 220(2), 220(3); Local Finance Law §§ 35.00(b), 35.00(c) In light of unsettled case law, a municipality should seek legislative approval before constructing a library in parkland. So BGR Referendum Committee is getting prepared to VOTE TO DECIDE ! Instead, it only allows the public to weigh in via permissive referendum. subject to double or triple mandatory referendum requirements and, in some cases, permissive referendum requirements in the event of certain structural changes. 2) BOND RESOLUTION DATED NOVEMBER 18,, 2020. Lodge Road, Monroe, New York and at the Salisbury Mills Firehouse located at … BE IT RESOLVED, pursuant to the provisions of the General Municipal Law and the Town Law of the State of New York, that a sum … Opponents of the local law can force a vote on it at this year’s general election in November. 4. Legal Definition of Permissive Referendum: Pursuant to Town Law § 64(2), a Town Board may, upon adoptions of a resolution, convey (sell) or lease real property in the name of the town, which resolution shall be subject to permissive referendum. Permissive Referendum - 15 Grange Hall Road 5/7/2021. That the Clerk is directed to post and publish a copy of this Resolution as required by law. in accordance with the applicable provisions of law. Public Hearing Minutes Determination – Whitney Rd East. LEGAL NOTICE. An extract of the resolution is as follows: ... upon separate sheets and the signatures to each sheet shall be authenticated in the manner provided by the election law for the authentication of nominating petitions. Notice of Adoption of Resolution Subject to Permissive Referendum. Whenever this chapter shall expressly provide that an act or resolution of the town board is subject to a permissive referendum, such act or resolution shall be subject to a referendum on petition as set forth in the next section, unless a proposition therefor shall have been adopted at a town election. TO PERMISSIVE REFERENDUM NOTICE IS HEREBY GIVEN that at a regular meeting held on the 14th day of April, 2021, the Town Board of the Town of Bethlehem duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Section 35.00 of the Local Finance Law of the State of New York. Permissive Referendum - 15 Grange Hall Road 5/7/2021. A permissive referendum is unique to New York State. _____ of 20___ of the (County)(City)(Town)(Village) of _____ was duly passed by … (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 35.00 Bond resolution subject to referendum; towns. Town (TWN) Share. Town of Brunswick . Statute: A law passed by a legislature. 4. NOW, THEREFORE, be it resolved by the Town Board of the Town … 4. Section 506 of the Real Property Tax Law provides that the assessors “of each city and town” must complete a tentative assessment roll on or before June 1 (subd. Section 10. The current town board, now made up of a GOP-backed majority, raised the question of the purchase’s legality last summer, saying that the town was obligated by law to advise residents of their right to petition for a permissive referendum. First, it allows the Town Board to hold a permissive referendum when considering state or federal assistance for the town-owned East Hampton Airport. Such Resolution is subject to a permissive referendum in accordance with the provisions of Section 91 of the Town Law, and shall take effect thirty (30) days after its adoption, unless a petition is presented to the Town Clerk, conforming to the requirements of Section 91 of the Town Law, seeking permissive referendum. When about 1,000 registered Brighton Voters sign a Permissive Referendum petition that is brought to the Town, a Public Vote must be held within 60-75 days! the (County)(City)(Town)(Village) of was duly passed by the. No Executive Order tolled the Town Law § 91 requirement that an objection to a permissive referendum petition be lodged within 5 days .....10 1. BY THE ORDER OF THE TOWN BOARD KATHLEEN A. GUNDBERG TOWN CLERK. The validity of such bonds and bond anticipation notes may be contested only if: Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative. Petitioners seek an order pursuant to CPLR Article 78 and 3001 et seq. (Subjectto permissive referendum and final adoptioir>because no valid petition was filed requesting referendum.) PUBLIC NOTICE . The local law is subject to a permissive referendum, also known as a referendum by petition. See Municipal Home Rule Law §§ 23, 24; Village Law §§ 9-900 - 9-916; Election Law § 15-104. -2- 4162-7554 9221.1 Section 7. A town may convey an interest in its real property, including an easement, upon adoption of a resolution and a permissive referendum (see Town Law § 64 [2]; 1980 Ops St … Town; ARTICLE 6 Town Elections. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of TOWN OF KIRKWOOD. • _of 20 of the (County)(City)(Town)(Village) of \ … Resolution to sell the Real Property located along Lafayette Avenue, … 93 - Repeal of acts or resolutions of town board. of 20 of. to Permissive Referendum. subject to double or triple mandatory referendum requirements and, in some cases, permissive referendum requirements in the event of certain structural changes. The local law is subject to a permissive referendum, also known as a referendum by petition. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) ADOPTED SUBJECT TO. I hereby certify that the local law annexed hereto, designated as local law No. _____ of 20___ of the (County)(City)(Town)(Village) of _____ was duly passed by … a. Opponents of the local law can force a vote on it at this year’s general election in November. This Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect NOTICE IS HEREBY GIVEN that the Board of Fire Commissioners of the East Quogue Fire District, at a regular meeting thereof, held on April 7, 2016, duly adopted the following resolution:. Local Law No. All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law. c. Permissive referendum in the manner provided in New York State Town Law Article 7; and d. Adoption of a Final Order by the Town Board. The Initial lease term will be 20 years with the right to extend the term for … Permissive Referendum – IT Disaster Recovery & Citrix Upgrade. Public Notice - Smith House Permissive Referendum. law. AUTHORIZING THE SALE OF CERTAIN LANDS OWNED BY THE TOWN OF GOSHEN TO MERLIN ENTERTAINMENTS GROUP US HOLDINGS, INC. (“MERLIN ENTERTAINMENTS”), an abstract of which follows, which Resolution was adopted subject to permissive referendum pursuant a to Section 64(2) and Article 7 of the Town Law of the State of New York. , in accordance with the applicable provisions of law. local law adopted pursuant to this section shall be subject to a mandatory or permissive referendum or not subject to a referendum. on 20 The petition would have to be signed by at least 1,188 Riverhead voters — 10% of the number of votes cast by Riverhead voters in the most recent election for governor. NOTICE OF RESOLUTION. ARTICLE 8 Finances. Such local law was submitted to the people by reason ofa (mandatory)(permissive> referendum, and received the affinnative vote of a majority of the qualified electprs voting thereon at the (general) (special)(annual) electibn. That local law is subject to a permissive referendum governed by Section 24 of the Municipal Home Rule Law, meaning town residents have 45 days from the adoption of the law … We find no statutory authority for submitting the repealing resolution, if adopted, to a mandatory or permissive referendum. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 4th day of May, 2021. SEAL SIGNED: Caroline H. Barber, RMC Town Clerk Town of Queensbury PUB: MAY 7, 2021 I hereby certify that the local law annexed hereto, designated as local law No. LEGAL NOTICE. I hereby certify that the local law annexed hereto, designated as local law No. On December thirty-first of the year in which such local law of Fire Commissioners of the CE TEREACH FIRE DISTRICT, Town of Brookhaven, County of Suffolk, State of New York, on the 6th day of April, 2021 , subject to a permissive referendum as provided for by Section 6(g) of the General Municipal Law. The publication within 10 days is critical to comply with the Town Law requirements for actions adopted subject to permissive referendum. 4. 2020 Town & County Tax Collection 91 - Referendum on petition. Be it Enacted by the Town Board of the Town of Brunswick as follows: Section 1 Title: The title of this Law shall be the Dog Licensing Law of the Town of Brunswick, County of Renssealer. The focus of this booklet is on the restrictions, rules and procedures governing the issuance of debt by towns, villages and cities (other than New York City) in the State. A local law Providing for the Licensing and Identification of Dogs in the Town of Brunswick. Legal Definition of Permissive Referendum: Pursuant to Town Law § 64(2), a Town Board may, upon adoptions of a resolution, convey (sell) or lease real property in the name of the town, which resolution shall be subject to permissive referendum. of 20 of the (County)(City)(Town)(Village) of ', … TOWN OF RAMAPO, NEW YORK . WHEREAS, Town Law § 220(2) requires the Town’s acquisition of land for use as a town hall be subject to permissive referendum under Town Law §90 and 91. 92 - Propositions for the submission of acts or resolutions. Section 35 – Bond Resolution (Towns) shall be subject to permissive referendum (except for maturity not more than 5 years or for district or special improvement – provided that this exception does NOT apply to a town highway improvement – i.e. The resolution was thereupon declared duly TABLED to May 20, 2021 Meeting. Permissive referendum requirements for a town are set forth in article 7 of the Town Law (§90 et seq.). Resolution to sell property known as the “Smith House”, … Notice of Permissive Referendum NOTICE IS HEREBY GIVEN that the Board of Fire Commissioners of the Cochecton Fire District at a scheduled meeting held on the 11th day of May 2010, duly adopted the following Resolution, subject to a permissive referendum. 20 , in accordance with the applicable provisions of law. _, in accordance with the applicable provisionsXjf law. This double referendum requirement has been upheld by the United States Supreme Court (Town of Lockport v. Citizens for Community Action at Local Level, 423 U.S. 808). the applicable provisions of law. Town of Brookhaven, New York 3/25/2021 2:00:00 PM Resolution Agenda 2021-214 Title: Authorization for the Supervisor/Deputy Supervisor to Enter into an Easement Agreement with Sunrise Wind LLC Department: Law Department Permissive Referendum: Yes Sponsors: Edward P. Romaine, Supervisor SEQRA Required: Yes Town property; and Refreshed: 2018-05-15. That local law is subject to a permissive referendum governed by Section 24 of the Municipal Home Rule Law, meaning town residents have 45 days from the adoption of the law … Subdivision: means the division of any parcel of land into a number of lots, blocks or sites as specified in a local ordinance, law, rule or regulation, with or without streets or highways, for the purpose of sale, transfer of ownership, or development. New York Town Law Article 7 - PERMISSIVE REFERENDUM 90 - Acts or Resolutions of the Town Board that are Subject to a Referendum on Petition. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) ACCEPTING TOWN … (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) NOTICE IS HEREBY GIVEN. Notice of Permisssive Referendum. PUBLIC NOTICE OF RESOLUTION OF THE TOWN OF YORK ADOPTED SUBJECT TO PERMISSIVE REFERENDUM summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Permissive Referendum – Budget Transfers. 4. In addition, NY Town Law section 150 requires that “any local law which seeks to abolish a town police department shall be subject to a permissive referendum”. July 19, 2017 LYNDA BRYAN, TOWN CLERK TOWN OF HALFMOON Town of Fallsburg Local Law No. 1 of 2021 entitled “A Local Law Adjusting The Salaries And Benefits Of The Town Board Members And Deputy Supervisor”, an abstract of which follows, which resolution and Local Law are subject to a permissive referendum: The local law provides that as of January 1, 2021, the following salary and benefit structure shall be Dated: Marcellus, New York January 27, 2021. law was subj^t to permissive referendum and no valid petition requesting such referendum was filed as of. WHEREAS, Town Law § 220(2) requires the Town’s acquisition of land for use as a town hall be subject to permissive referendum under Town Law §90 and 91. Under state law governing the permissive referendum, voters have 45 days from the effective date of the local law to file a petition to hold a referendum in the November election. 4. [archived] permissive referendum- 2021 caterpillar 938m loader PLEASE TAKE NOTICE that the Town of Niles Board passed a resolution at the April 8, 2021 regular meeting for the replacement of the 2019 Caterpillar 938M loader with a 2021 Caterpillar 938M loader, NYS Contract #PC66988, spec’ed the same with coupler and 3.5 general purpose bucket. Pursuant to state law, for example New York Town Law § 64, municipal land leases or solar procurements may be subject to permissive referendums. Acts or Resolutions of the Town Board That Are Subject to a Referendum on Petition Local Law No. PUBLIC NOTICE . If the town adopts a local law to opt out, it could be subject to a permissive referendum, which means voters who want marijuana to be sold in the community can gather signatures to … Taxpayer permissive referendum petitions are authorized under New York State Town Law Section 91 to challenge certain […] Road Tax map parcel 69.3-2-41.100 for the purpose of erecting and operating a community solar system, subject to permissive referendum as provided by Article 7 of NYS Town law. The Townspeople are presumptively entitled to a permissive referendum .. 9 B. adopted by the Town Board of the Town of Babylon, Suffolk County, New York on January 20, 2021 subject to permissive referendum and the period of time has elapsed for the submission and filing of a petition for permissive referendum and a valid petition has … _^_^___ of 20 of the (County)(City)(Town)(Village) of : was duly passed by the 3. the property value did not exceed the sum of $10,000, in which case a permissive referendum was not required. The Action required, but failed to obtain, conveyance of a Town owned real estate interest subject to a permissive referendum pursuant to NY Town Law § 90 et seq. In short, pursuant to Village Law §§ 6-604 and 6-606, if a village did not have control and supervision of a bridge prior to 1897, there are two ways in which a village may assume control—namely by passing a resolution, subject to a permissive referendum, or by entering into an agreement with the town, also subject to a permissive referendum. New York Town Law TWN NY TOWN Section 64. I hereby certify that the local law annexed hereto, designated as local law No. Lodge Firehouse, 361 Mt. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) ... law was subject to permissive referendum and no valid petition requesting such referendum was filed as of . According to deputy town attorney Anne Marie Prudenti, state law doesn’t allow the board to set a direct public referendum on issues. 4. PLEASE TAKE NOTICE that the Town Board of the Town of Liberty, in the County of Sullivan, State of New York, on March 1, 2021, duly adopted a resolution entitled:. Such Resolution is subject to a permissive referendum in accordance with the provisions of Section 91 of the Town Law, and shall take effect thirty (30) days after its adoption, unless a petition is presented to the Town Clerk, conforming to the requirements of Section 91 of the Town Law, seeking permissive referendum. 20 Xn accordance with the applicable provisions of law. Pursuant to Town Law § 64(2), a Town Board may, upon adoptions of a resolution, convey or lease real property in the name of the town, which resolution shall be subject to permissive referendum. According to the state’s cannabis law, if a town wants to opt out, the board simply has to pass a resolution adopting a local opt-out law by Dec. 31. held ph . Effective January 1, 2021, the salary for the Town Supervisor for the 2021 fiscal year shall be $32,400.00 and the salary for each Town Council Member for the fiscal year 2021 shall be $7,500.00. New York state law provides that town council members be elected for four years in staggered elections and town supervisors for two, unless local voters say differently. A petition can make that public vote mandatory if it is signed by five percent of residents who voted in the last gubernatorial race. Permissive Referendum Procedures Require Publication: When a bond resolution is subject to permissive referendum, the town must follow the procedures outlined in Article 7 ofthe Town Law, namely the requirement that a notice describing the resolution and stating that the resolution is subject to permissive referendum Acts or resolutions of the town board that are subject to a referendum on petition . 5. 2 of the year 2010 . a resolution authorizing, subject to permissive referendum, the construction of a new town hall, in and for the town of marcellus, onondaga county, new york, at a maximum estimated cost of $3,000,000 and authorizing the issuance of not to exceed $3,000,000 serial bonds of said town … I hereby certify that the local law annexed hereto, designated as local law No. PERMISSIVE REFERENDUM, THE ISSUANCE OF $250,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.. the (County)(City)(Town liege) of was duly passed by the on 20 and was (ap (Name of Legisla e Body) (repassed a r disapproval) by the on 20 (Elective Chief Executive Officer*) law s subject to permissive referendum and no valid petition requesting such referendum was filed as of in accordance with the applicable provisions of law. Any such referendum shall be conducted in the manner prescribed in section twenty-three or twenty-four of the municipal home rule law, as the case may be. in accordance with the applicable provisions of law. Saratoga County, New York (the “Town”), at a regular meeting held on May 5, 2020, duly adopted, subject to a permissive referendum, a resolution, an abstract of which is as follows: In accordance with Article 7 of the New York State Town Law, such bond resolution will Provisions: TownsV, illages, Fire Districts, Special Improvement Districts or other Improvement Districts, Library Town; Article 7: Permissive Referendum; SECTION 90 Acts or resolutions of the town board that are subject to a referendum on petition. This double referendum requirement has been upheld by the United States Supreme Court (Town of Lockport v. Citizens for Community Action at Local Level, 423 U.S. 808).
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