Question 1: Exclusion of
Indebtedness Contracted for Sewage Facilities
Question 2: Elimination of Small City School
Districts from Constitutional Debt Limitations
Question 1: Exclusion of
Indebtedness Contracted for Sewage Facilities
Official Text
The proposed amendment to Article 8, section 5
of the Constitution would extend for ten years,
until January 1, 2014, the authority of counties,
cities, towns and villages to exclude from their
constitutional debt limits indebtedness contracted
for the construction or reconstruction of sewage
facilities. Shall the proposed amendment be
approved?
Official Summary
The purpose of the proposed amendment is to continue
the authority of counties, cities, towns, and
villages to exclude from their constitutional debt
limits indebtedness incurred for the construction or
reconstruction of sewage facilities. The State
Constitution currently provides that indebtedness
contracted on or after January 1, 1962 and before
January 1, 2004, for the construction or
reconstruction of facilities for the conveyance,
treatment, and disposal of sewage shall be excluded
from the constitutional debt limits of counties,
cities, towns and villages. The effect of the
proposed amendment would be to extend for ten years,
until January 1, 2014, the period during which sewer
debt shall be excluded from the constitutional debt
limits of counties, cities, towns and villages.
Question 2: Elimination of Small City School
Districts from Constitutional Debt Limitations
Official Text
The proposed amendment to Article 8, section 4 of
the Constitution would eliminate School districts
that are coterminous with, or partly within, or
wholly within a city having less than one hundred
twenty-five thousand inhabitants, from the entities
subject to a general constitutional debt limitation.
Shall the proposed amendment be approved?
Official Summary
The purpose of the proposed amendment is to
eliminate school districts coterminous with, or
partly within, or wholly within, a city having less
than one hundred twenty-five thousand inhabitants,
from general constitutional debt limitations.
The State Constitution currently provides that
these small city school districts are not allowed to
contract indebtedness for education purposes that
would exceed an amount equal to five percent of the
average full valuation of taxable real estate in the
school district. This limitation may be exceeded in
relation to specified projects with voter approval,
and the consent of the Regents of the University of
the State of New York and the State Comptroller.
Similar constitutional debt limitations are
currently provided for counties, cities, towns and
villages, but no other school districts. School
districts are currently subject to a statutory debt
limitation of ten percent of full valuation of
taxable real property in the school district. The
proposed amendment would eliminate the
constitutional debt limitation applicable to small
city school districts.
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