§ 50-A — Application

§ 50-a. Application. 1. The provisions of this article may be made\napplicable, effective on a January first, after December thirty-first,\nnineteen hundred sixty-three, to any town which on such January first:\n (a) Has a population of at least twenty-five thousand, or\n (b) Has a population of at least seventy-five hundred and is not more\nthan fifteen miles from a city having a population of at least one\nhundred thousand, measured from their respective nearest boundary lines;\nprovided, however, that the population of such town shall have increased\nby at least sixty-five per cent between nineteen hundred forty and\nnineteen hundred sixty or by at least forty per cent between nineteen\nhundred fifty and nineteen hundred sixty, as shown by the decennial\nfederal censuses for such years.\nThe current population of a town shall be determined on the basis of the\nmost recent decennial federal census or a special population census\ntaken pursuant to section twenty of the general municipal law and\nsubdivision five-a of section fifty-four of the state finance law and\ncertified to the state comptroller pursuant to law.\n 2. The provisions of this article may be made so applicable to such a\ntown by resolution of the town board adopted not later than July first\npreceding the January first on which the town would become a suburban\ntown, which resolution also shall provide that the town shall at the\nsame time become a town of the first class, if it is not then such a\ntown, and shall elect its officers in compliance with section twelve of\nthis chapter. Prior to the adoption of such a resolution the town board\nshall conduct a public hearing thereon on notice published at least ten\nbut not more than twenty days before such hearing in a newspaper or\nnewspapers designated pursuant to subdivision eleven of section\nsixty-four of this chapter. Such resolution shall be subject to\nreferendum on motion of the town board or on petition pursuant to\narticle seven of this chapter provided, however:\n (a) That any such petition shall be filed with the town clerk not\nlater than September fifth of the year in which the town board shall\nhave adopted such resolution,\n (b) That if the town board, on its own motion, determines that such\nresolution shall be subject to referendum or if such a petition be\nfiled, such referendum shall be had at the election in November of such\nyear or at a special town election held at least forty days after the\nfiling of such petition, as the town board shall determine, and in the\nevent the resolution is approved at such referendum the town shall\nbecome a suburban town on the January first following such referendum,\nand\n 3. At any biennial town election held during and after the November\nprior to the January first on which a town is to become a suburban town\npursuant to this section, but not including the election in November, if\nany, at which a town's becoming a suburban town is approved pursuant to\nthis section, there shall be elected only such officers as are required\nto be elected to fill elective offices or vacancies therein, as the case\nmay be, for such town to function as a suburban town and a town of the\nfirst class. With respect to additional appointive offices which such\ntown is required to have as a suburban town and a town of the first\nclass, vacancies therein shall exist as of the January first on which\nthe town becomes a suburban town.\n 4. After it shall have been finally determined pursuant to this\nsection that a town shall become a suburban town, the town board shall\nhave power to determine and make provision for any matter necessarily\ninvolved in the transition from its form of town government at the time\nof its becoming a suburban town to its government as a suburban town\nunder the provisions of this article where such matter is not provided\nfor by this article.\n 5. (a) Within ten days after the January first on which a town becomes\na suburban town pursuant to this section, the town clerk shall make a\ncertificate to such effect and transmit the same to the secretary of\nstate, in whose office it shall be kept as a public record, provided,\nhowever, that in the case of those towns which became suburban towns on\nJanuary first, nineteen hundred sixty-four, such a certificate shall be\nmade and transmitted to the secretary of state not later than June\nfirst, nineteen hundred sixty-four.\n (b) It shall be the duty of the secretary of state to cause to be\npublished separately, under an appropriate heading, in the appendix of\nthe session laws of each year and in the appendix of the local laws of\neach year, the names of the towns which have become suburban towns and\nthe dates on which they became suburban towns.\n