§ 81 — Election upon proposition

New York § 81

• Jurisdiction: New York
• Law TWN: Town
• Art. 6: Town Elections

Text

§ 81. Election upon proposition. The town board may upon its own\nmotion and shall upon a petition, as hereinafter provided, cause to be\nsubmitted at a special or biennial town election, a proposition:\n 1. In any town:\n (a) To erect a monument or monuments within the town in commemoration\nof any person or event.\n (b) To purchase, lease, construct, alter or remodel a town hall, a\ntown lockup or any other necessary building for town purposes, acquire\nnecessary lands therefor, and equip and furnish such buildings for such\npurposes, or to demolish or remove any town building.\n (c) To establish airports, landing fields, public parking places,\npublic parks or playgrounds, acquire the necessary lands therefor, and\nequip the same with suitable buildings, structures and apparatus.\n (d) To vote upon or determine any question, proposition or resolution\nwhich may lawfully be submitted, pursuant to this chapter or any general\nor special law.\n (e) To dredge, bulkhead, dock and otherwise improve any navigable, or\nother waterway, within the town, and to rent, purchase and equip\nnecessary machinery for such dredging, docking, bulkheading or other\nimprovement, and supply the necessary labor and material therefor.\n (f) To provide for the collection and disposition of garbage, ashes,\nrubbish and other waste matter in the town by (1) the award of one or\nmore contracts for the collection and disposition of the same, (2) by\nthe purchase, operation and maintenance of apparatus and equipment for\nthe collection and transportation of the same, (3) by the construction,\noperation and maintenance of a disposal or incinerator plant or (4) by\nany combination of (1), (2) and (3).\n 2. In any town of the first class:\n (a) To increase the number of council members from four to six.\n (b) To establish or abolish the ward system for the election of\ncouncil members in towns having four or six council members.\n (c) To decrease the number of council members from four to two.\n (d) To increase the number of council members from two to four.\n 3. In a town of the second class having five thousand or more\npopulation according to the latest federal or state census or\nenumeration or having an assessed valuation of ten million dollars or\nmore, as shown by the latest completed assessment-roll of such town, or\nadjoining a city having a population of three hundred thousand or more,\nas shown by the latest federal or state census or enumeration, to change\nthe classification of such town to that of a town of the first class.\n 4. Such petition shall be subscribed and authenticated, in the manner\nprovided by the election law for the authentication of nominating\npetitions, by electors of the town qualified to vote upon a proposition\nto raise and expend money, in number equal to at least five per centum\nof the total votes cast for governor in said town at the last general\nelection held for the election of state officers, but such number shall\nnot be less than one hundred in a town of the first class nor less than\ntwenty-five in a town of the second class. If such a petition be filed\nin the office of the town clerk not less than sixty days, nor more than\nseventy-five days, prior to a biennial town election, the proposition\nshall be submitted at such biennial election. If a petition be presented\nat any other time, a special election shall be called to be held not\nless than sixty days, nor more than seventy-five days after the filing\nof such petition.\n 5. A proposition for the consolidation or dissolution of a town or\ndistrict shall be noticed, conducted, canvassed and otherwise held\npursuant to, and in accordance with, the provisions of article\nseventeen-A of the general municipal law; and a petition to consolidate\nor dissolve a town or district shall be subscribed, authenticated and\notherwise governed pursuant to, and in accordance with, that article.\n Any expenditure approved pursuant to this section shall be paid for by\ntaxes levied for the fiscal year in which such expenditure is to be\nmade. However, nothing contained in this section shall be construed to\nprevent the financing in whole or in part, pursuant to the local finance\nlaw, of any expenditure enumerated in this section which is not\nauthorized pursuant to this section.\nAny expenditure financed in whole from moneys appropriated from surplus\nfunds shall not be subject to referendum.\n