§ 350 — Establishment and location of airport or landing field

§ 350. Establishment and location of airport or landing field. 1. The\nlocal legislative body of a city, county, village or town, by\nresolution, may determine to establish, construct, equip, maintain and\noperate for such county, city, village or town an airport or landing\nfield for the use of aeroplanes and other aircraft, and may direct an\nappropriate officer, board or body of such county, city, village or town\nto acquire or lease for such purpose real property within such county,\ncity, village or town or within ten miles of the boundaries thereof, and\nif such real property is located in another state adjacent to such\nboundaries to purchase or lease the same; or may set apart and use for\nsuch purpose real property owned by the county, city, village or town\nwhich, in the judgment of such local legislative body is not needed for\nany other public use, whether originally acquired by condemnation or\npurchase, or if acquired by grant from the state, notwithstanding any\nlimitation of its use in the act or deed making such grant; but no such\nairport or landing field shall be established, constructed, equipped or\nmaintained by a town board of a town, except in the manner provided in\narticle fourteen of the town law. The site for such airport or landing\nfield must be approved by the local legislative body seeking to\nconstruct or establish the facility. When the airport or landing field\nis to be located in whole or in part outside the boundaries of the\nmunicipality seeking to establish or construct the facility, the\napproval of the local legislative body of the city, town or village\nwithin which the facility will be located shall be obtained. This\narticle shall not apply to a county wholly within a city.\n 2. The exercise of the powers conferred upon the board of trustees of\na village by this section in relation to expenditures to be made during\na fiscal year for which taxes therefor are to be levied shall be subject\nto a referendum and a resolution adopted by such board in the exercise\nof such powers shall not take effect until thirty days after its\nadoption; nor until approved by the affimative vote of a majority of the\nqualified electors of such village voting on a proposition for its\napproval, if within thirty days after its adoption, there shall be filed\nwith the village clerk, a petition signed and acknowledged by electors\nof the village qualified to vote upon a proposition to raise and expend\nmoney, in number equal at least to thirty per centum of the total number\nof the votes cast for mayor of the village at the last annual election\nor special election of the village at which a mayor was elected, but\nwhich shall not be less than fifty, protesting against such resolution\nand requesting that it be submitted to the electors of the village for\ntheir approval or disapproval. The form and contents of such petition\nand the procedure thereon and thereunder shall be in conformity with and\ngoverned by the provisions of article nine of the village law.\n