Section 17-1708. Trustees as town board  


Latest version.
  • l. In any village which has been or
      may hereafter be incorporated to embrace the entire territory of a  town
      the  town  board  of  such town may, upon its own motion, and shall on a
      petition signed and acknowledged by not less than fifty taxpayers of the
      said town submit at any biennial town meeting or  at  any  special  town
      meeting  called  for  the  purpose,  a  proposition substantially in the
      following  form:  "Shall  the  board  of  trustees  of  the  village  of
      .............constitute  the  town board of the town of ............ for
      all purposes?"  In case the said proposition be adopted  by  a  majority
      vote  of  the  electors  of  the  said town voting thereon, the board of
      trustees of the said village, as the same shall be constituted from time
      to time, shall, from and after the first day of January  next  following
      the  date  of  the  said election, constitute the town board of the said
      town for all purposes, and shall have all the rights, powers and  duties
      thereof  and neither the supervisor nor the town clerk, nor the justices
      of the peace of the said town, shall, by virtue  of  their  offices,  be
      members  of  the said town board.  The town board of the said town as so
      organized shall keep a separate journal of its proceedings and the  town
      clerk shall be the clerk thereof.
        2. If in the village of Scarsdale in Westchester county, a proposition
      has  been  adopted  as set forth in subdivision one of this section, and
      the supervisor is not, by virtue of his office,  representative  of  the
      town  or  the  county  board or other county legislative body, such town
      board of the town may by local law or ordinance abolish the position  of
      supervisor  and  thereupon  shall  assign his duties to such official or
      officials as it may determine.
        3. In any village which has been or may hereafter be  incorporated  to
      embrace  the  entire  territory  of a town, the proposition proposed and
      submitted as provided in subdivision one of  this  section,  may  be  in
      substantially the following form:  "Shall the offices of town supervisor
      and  town councilman, as presently constituted, be deemed vacant and the
      mayor and board of trustees of the village  of  _______________hereafter
      constitute  the  supervisor and town board, respectively, of the town of
      _________________for all purposes?" In  case  the  said  proposition  be
      adopted  by  a majority of the electors of the said town voting thereon,
      the mayor of the said village, as the office shall be held from time  to
      time,  and  the board of trustees of the said village, as the same shall
      be constituted from time to time, shall, from and after the first day of
      January next succeeding  the  date  of  said  election,  constitute  the
      supervisor  and  town board of the said town for all purposes, and shall
      have all the rights, powers and duties  thereof  and  neither  the  town
      clerk,  nor the town justices of the said town, shall by virtue of their
      offices be members of the said town board. The town board  of  the  said
      town  as  so  organized shall keep a separate journal of its proceedings
      and the town clerk shall be the clerk thereof.
        4. In any village where a proposition has been adopted as provided  in
      subdivisions  one  or three of this section, the incumbent and successor
      holders of any village offices which thereby  are  constituted  as  town
      offices  shall,  by virtue of their village offices, also hold such town
      offices; and, from and after the date of adoption of  such  proposition,
      no separate election for such town offices shall be conducted.
        5. Notwithstanding the provisions of article seventeen of the election
      law,  elections  held in incorporated villages which are incorporated as
      coterminous village pursuant to the provisions of this chapter shall  be
      conducted in the same manner as election for town offices.