N.Y. Town Law § 81: Election upon proposition

§ 81. Election upon proposition. The town board may upon its own

motion and shall upon a petition, as hereinafter provided, cause to be

submitted at a special or biennial town election, a proposition:

1. In any town:

(a) To erect a monument or monuments within the town in commemoration

of any person or event.

(b) To purchase, lease, construct, alter or remodel a town hall, a

town lockup or any other necessary building for town purposes, acquire

necessary lands therefor, and equip and furnish such buildings for such

purposes, or to demolish or remove any town building.

(c) To establish airports, landing fields, public parking places,

public parks or playgrounds, acquire the necessary lands therefor, and

equip the same with suitable buildings, structures and apparatus.

(d) To vote upon or determine any question, proposition or resolution

which may lawfully be submitted, pursuant to this chapter or any general

or special law.

(e) To dredge, bulkhead, dock and otherwise improve any navigable, or

other waterway, within the town, and to rent, purchase and equip

necessary machinery for such dredging, docking, bulkheading or other

improvement, and supply the necessary labor and material therefor.

(f) To provide for the collection and disposition of garbage, ashes,

rubbish and other waste matter in the town by (1) the award of one or

more contracts for the collection and disposition of the same, (2) by

the purchase, operation and maintenance of apparatus and equipment for

the collection and transportation of the same, (3) by the construction,

operation and maintenance of a disposal or incinerator plant or (4) by

any combination of (1), (2) and (3).

2. In any town of the first class:

(a) To increase the number of council members from four to six.

(b) To establish or abolish the ward system for the election of

council members in towns having four or six council members.

(c) To decrease the number of council members from four to two.

(d) To increase the number of council members from two to four.

3. In a town of the second class having five thousand or more

population according to the latest federal or state census or

enumeration or having an assessed valuation of ten million dollars or

more, as shown by the latest completed assessment-roll of such town, or

adjoining a city having a population of three hundred thousand or more,

as shown by the latest federal or state census or enumeration, to change

the classification of such town to that of a town of the first class.

4. Such petition shall be subscribed and authenticated, in the manner

provided by the election law for the authentication of nominating

petitions, by electors of the town qualified to vote upon a proposition

to raise and expend money, in number equal to at least five per centum

of the total votes cast for governor in said town at the last general

election held for the election of state officers, but such number shall

not be less than one hundred in a town of the first class nor less than

twenty-five in a town of the second class. If such a petition be filed

in the office of the town clerk not less than sixty days, nor more than

seventy-five days, prior to a biennial town election, the proposition

shall be submitted at such biennial election. If a petition be presented

at any other time, a special election shall be called to be held not

less than sixty days, nor more than seventy-five days after the filing

of such petition.

5. A proposition for the consolidation or dissolution of a town or

district shall be noticed, conducted, canvassed and otherwise held

pursuant to, and in accordance with, the provisions of article

seventeen-A of the general municipal law; and a petition to consolidate

or dissolve a town or district shall be subscribed, authenticated and

otherwise governed pursuant to, and in accordance with, that article.

Any expenditure approved pursuant to this section shall be paid for by

taxes levied for the fiscal year in which such expenditure is to be

made. However, nothing contained in this section shall be construed to

prevent the financing in whole or in part, pursuant to the local finance

law, of any expenditure enumerated in this section which is not

authorized pursuant to this section.

Any expenditure financed in whole from moneys appropriated from surplus

funds shall not be subject to referendum.