N.Y. TWN Law § 179 — New York Code / Act TWN / Article 11 / Section 179
Special district elections to vote upon appropriations
Status: in_force

§ 179. Special district elections to vote upon appropriations.  The\nboard of fire commissioners upon its own motion may submit, and upon\npetition, as hereinafter provided, shall cause to be submitted, at a\nspecial or annual fire district election, a proposition:\n  1. (a) To purchase fire apparatus and fire-fighting vehicles for the\nextinguishment or prevention of fires in said fire district, or\nmotorized equipment for emergency relief squads or fire police squads.\n  (b) To purchase or install an adequate fire alarm system for the fire\ndistrict, or to make necessary additions thereto.\n  (c) To lease, purchase, construct, reconstruct, alter, repair or equip\nsuitable buildings for the preservation, protection and storing of\nvehicles, apparatus and equipment of the fire district and for the\nsocial and recreational use of the firefighters and residents of the\ndistrict, and purchase the necessary lands therefor.\n  (d) To expend in any one fiscal year, or to expend annually, an amount\nin excess of the amount authorized by subdivision eighteen of section\none hundred seventy-six of this chapter, as amended from time to time,\nto be expended annually without the adoption of a proposition therefor\nfor any of the purposes authorized by the provisions of this article. If\nthe proposition authorizes an annual expenditure, it shall state a\nmaximum amount which may be expended annually in excess of the amount\nauthorized by subdivision eighteen of section one hundred seventy-six of\nthis chapter, as amended from time to time, and such amount may not be\nexceeded thereafter unless authorized at a fire district election. If a\nproposition authorizes an annual expenditure, the authorization shall\ncontinue in effect until changed by vote of a district election.\n  (e) To purchase permanent or temporary rights to take water from\ncisterns, wells and bodies of water and water-courses within the fire\ndistrict for the purposes, and subject to the limitations, set forth in\nsubdivision twelve-a of section one hundred seventy-six of this chapter.\n  (f) To purchase or construct fire suction pools in bodies of water and\nwater-courses, fire cisterns and fire wells, including necessary pipes,\npumps, hydrants and other facilities in connection therewith, and to\npurchase and lease necessary real property and rights in land and water\ntherefor, for the purposes, and subject to the limitations, set forth in\nsubdivision twelve-a of section one hundred seventy-six of this chapter.\n  2. Any sum authorized to be expended, pursuant to subdivision one of\nthis section, shall be raised by tax and shall be spent only during the\nfiscal year for which such tax is to be levied but nothing contained in\nthis section shall be construed to prevent the financing in whole or in\npart, pursuant to the local finance law, of expenditures pursuant to\nsection one hundred seventy-six of this chapter. If the proposition is\napproved at an election held in any fiscal year after September\ntwentieth, or after October twentieth in the case of fire districts\nlocated wholly within the county of Westchester, the proposition shall\nnot become effective for the purpose of levying taxes until the first\nday of September of the fiscal year succeeding the fiscal year in which\nsuch proposition is approved.\n  3. Such petition shall be signed, and acknowledged or proved in the\nsame manner as a deed to be recorded, or authenticated in the manner\nprovided by the election law for authentication of nominating petitions,\nby resident taxpayers owning taxable real property aggregating at least\none-quarter of the assessed valuation of all the taxable real property\nof the district owned by resident taxpayers, as such valuations appear\nupon the latest completed assessment roll of said town. Notice of such\nspecial district election shall be given in the same manner as provided\nherein for annual district elections. The special election shall be held\non a Tuesday, provided that such date is not a public holiday, and shall\nbe conducted and scheduled in a manner that maximizes voter\nparticipation. The polls shall remain open for the receipt of ballots\nfrom six o'clock in the evening to nine o'clock in the evening and such\nadditional consecutive hours prior thereto as the board of fire\ncommissioners may determine. The secretary of the fire commissioners\nshall prepare the ballots which shall separately state and number each\nproposition to be voted upon.\n  4. Every elector of the town who shall be a registered voter of the\ntown and who shall have resided in the district for the period of thirty\ndays next preceding a special or annual fire district election shall be\nqualified to vote upon such proposition.\n