§ 120-p. Referendum in cities and villages. In any such city or
village, whether acting severally or jointly, a copy of such contract,
for construction mentioned in section one hundred twenty-c, with a copy
of the determination required in section one hundred twenty-g, if the
expenditures of such city or village to carry out such contracts are to
be paid by taxes levied for the fiscal year in which such expenditures
are to be made shall be published at least twice in one or more
newspapers published therein, including the official newspaper or
newspapers, if any, of such city or village, or posted in not less than
five public places, and published at least twice in a newspaper
circulating in such municipality if no newspaper is published therein.
In the event that the municipality maintains a website, one of the
posting requirements may be fulfilled by posting such information on the
website. If, within fifteen days after the publication or posting of
such contract and determination, a protest or protests against such
contract shall be filed in the office of the clerk of such city or
village signed either by not less than one-third of the governing body
adopting such resolution or by a three per centum in number of the
taxpayers thereof whose names appear on the last preceding assessment
roll of real property, excluding special franchises, then such contract
shall not become effective unless the governing body shall by a further
resolution provide for the submission to the voters of a proposition to
ratify such contract, nor unless, within sixty days after such
publication or posting such proposition shall be adopted at a general
election or at a special election to be called and held for that
purpose, by a majority of the voters voting on such proposition. At any
such election any person qualified to vote under the election law in
general elections, who is a resident of the city or village, may vote.
At least ten days' notice of any election under this section shall be
given by the clerk of the city or village by publication at least twice
in one or more newspapers, including the official newspaper or
newspapers, if any, of such city or village, or by posting in at least
five public places, if no newspaper is published therein. Such election
may be held and the result canvassed and certified as may be required by
any general or special law applicable to an election upon a proposition
in any such city or village, or in the absence of any such law as may be
prescribed by any general ordinance. The voting shall be by ballot,
prepared in the form prescribed by the election law. The facts as to the
filing and sufficiency of any protests under this section, and as to the
calling, holding or result of any election which may be required or held
under this section or under any other statute with respect to the
authorization of any such improvement or the ratification of any
ordinance authorizing the same, and all facts affecting the validity of
any contract mentioned in section one hundred twenty-c, including the
organizations or acts of any town or sewer district shall, for the
purpose of this section, be conclusively determined by a resolution of
the governing body of any such city, town or village. A copy of such
resolution shall be published twice in one or more newspapers, including
the official newspaper or newspapers, if any, of such city, town or
village, or posted in not less than five public places if no newspaper
is published therein, and the facts therein stated shall not be disputed
in any action commenced after the expiration of ten days after such
publication or posting involving the validity of such contract, or of
any tax, assessment or other charge to meet any payment thereunder, and
such contract shall be conclusively deemed to be valid unless entered
into in violation of this section, section one hundred twenty, or
section one hundred twenty-c of this chapter.