New York Town Code § 341

Temporary provisions and saving clause
Open in Lexace · Ask the AI about this section
§ 341. Temporary provisions and saving clause. 1. If, at the time this\nsection takes effect, a town shall have an assessed valuation of ten\nmillion dollars or more as shown by the latest completed assessment-roll\nthereof, or adjoins a city having a population of three hundred thousand\nor more, as shown by the latest federal or state census or enumeration,\nor if such town has a population of five thousand or more, and less than\nten thousand, such town may become a town of the first class on and\nafter January first, nineteen hundred thirty-four, if it be so\ndetermined as herein provided. Such population shall be determined in\naccordance with the decennial federal census of nineteen hundred thirty.\nNot later than June fifteenth, nineteen hundred thirty-three, the town\nboard of such town may adopt a resolution that the town shall be a town\nof the first class, which resolution shall be subject to referendum as\nherein provided. Within four days after the adoption of any such\nresolution, the town clerk shall cause copies thereof to be posted in\nten public places in the town, with a statement of the date of its\nadoption. Within fourteen days after the adoption of such resolution, a\npetition may be filed requiring such resolution to be submitted to the\nelectors of the town, qualified to vote thereon, for their approval. The\nform of the question to be submitted thereon shall be "Shall the\nresolution of the town board of the town of ......... that the town\nbecome a town of the first class, be approved?" If no such resolution\nshall have been adopted within the time above provided, a petition may\nbe filed, not later than June twenty-ninth, nineteen hundred\nthirty-three, requiring the submission to such electors of the\nproposition "Shall the town of ............ become a town of the first\nclass?" A petition for any of the above purposes shall be filed with the\ntown clerk, and shall be signed and duly acknowledged by at least one\nhundred electors of the town, qualified to vote on the question or\nproposition. The question or proposition for which the petition shall\nhave been filed shall be submitted by the town board at a special town\nmeeting to be held at a time, not later than August first, nineteen\nhundred thirty-three, and at such place or places in the town, as may be\nfixed by the town board. Notice of the election shall be given, such\nmeeting held and the votes canvassed and result certified and returned\nin the manner provided by the provisions of the town law relating to\nspecial town meetings as in force immediately prior to the taking effect\nof this section. Only a qualified elector of the town owning property in\nthe town assessed upon the last preceding assessment-roll thereof shall\nbe allowed to vote at such meeting. If the town board shall have adopted\nsuch a resolution and no petition shall have been filed, within the time\nabove provided, for a referendum thereon, or if a majority of the votes\ncast on any proposition or question submitted as herein provided be in\nthe affirmative, such town shall be a town of the first class on January\nfirst, nineteen hundred thirty-four, and all of the provisions of this\nact applying to such a town shall apply thereto. If, by any method above\nprescribed, it shall have been determined that such a town is to be in\nthe first class, the supervisor and town clerk not later than August\nfifteenth, nineteen hundred thirty-three, shall make and file in the\noffices of the department of state and department of audit and control\ntheir affidavit in duplicate setting forth the facts showing such\ndetermination and the manner in which it was effected. If such town, as\nthe result of such a resolution or election, is to become a town of the\nfirst class, and party candidates for town offices are nominated at fall\nprimaries, the designating petitions under the election law shall be\nonly for elective offices of a town of such class. However, a\ndesignating petitio

‹ 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.