§ 12. Optional change of classification. 1. Any town of the second\nclass, including towns in Suffolk and Broome counties and the town of\nUlster in Ulster county, having a population of five thousand or more as\nshown by the latest federal census or in which the assessed valuation of\nthe taxable real property as shown by the latest completed assessment\nrole exceeds ten million dollars or adjoining a city having a population\nof three hundred thousand or more as shown by the latest federal census,\nmay become a town of the first class, by either of the following\nmethods:\n (a) By the adoption by the town board of a resolution therefor,\nsubject to a permissive referendum; or\n (b) By the adoption of a proposition therefor, by the affirmative vote\nof a majority of the qualified electors of the town voting thereon at a\nspecial or biennial town election, pursuant to subdivision three of\nsection eighty-one of this chapter.\n 2. (a) If any such town shall determine, pursuant to the method\nspecified in paragraph (a) of subdivision one of this section, to become\na town of the first class, the town board shall cause certified copies\nof the resolution to be filed in the offices of the department of state\nand the department of audit and control.\n There shall also be filed therewith the affidavit of the town clerk\nthat no petition requiring the submission to the qualified electors of\nthe town of a proposition approving such resolution was filed with said\ntown clerk, if such resolution was not so submitted.\n If a proposition approving a resolution changing the classification of\na town was submitted to the electors, pursuant to the filing of a\npetition therefor or upon the motion of the town board, there shall be\nfiled in the office of each of such state departments copies of the\ncertificate of the election inspectors at such election, duly certified\nby the town clerk.\n (b) If any such town shall determine, pursuant to the method specified\nin paragraph (b) of subdivision one of this section, to become a town of\nthe first class, the town board shall cause copies of the certificate of\nthe election inspectors or board of canvassers of the town election at\nwhich the proposition for the change of classification was adopted, duly\ncertified by the town clerk or board of canvassers, to be filed in the\noffices of the department of state and the department of audit and\ncontrol.\n 3. (a) If a town shall determine, pursuant to the method specified in\nparagraph (a) of subdivision one of this section, to become a town of\nthe first class, such change of classification shall become effective on\nthe first day of January next succeeding the first biennial town\nelection held at least one hundred fifty days after the date of the\nadoption of the resolution determining, subject to a permissive\nreferendum, to become a town of the first class. On and after said first\nday of January, such town shall be a town of the first class.\n (b) If a town shall determine, pursuant to the method specified in\nparagraph (b) of subdivision one of this section, to become a town of\nthe first class, such change of classification shall become effective on\nthe first day of January next succeeding the first biennial town\nelection held at least ninety days after the date of adoption of the\nproposition changing the classification of the town to that of a town of\nthe first class, pursuant to article six of this chapter. On and after\nsaid first day of January, such town shall be a town of the first class.\n 4. (a) Any town which shall have determined, pursuant to either method\nspecified in subdivision one of this section, to become a town of the\nfirst class, shall elect, at the biennial town election immediately\npreceding the effective date of the change of classification, the\nfollowing town officers: a supervisor for a term of two years, and,\nexcept as otherwise provided herein, a town clerk and a town\nsuperintendent of highways fo
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.