Town clerk to call special election. Notice. Place. Chap. 43. AN ACT to provide for special elections in the town of Waterford, in the county of Saratoga, for the submission of propositions relating to a town hall and building commissioners, and prescribing the powers, duties and liabilities of such commissioners, and repealing chapter one hundred and twenty-seven of the laws of eighteen hundred and seventy-three, entitled "An act to provide for a town hall at Waterford, Saratoga county," and certain acts amendatory thereof. Became a law March 7, 1914, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The town clerk of the town of Waterford, in the county of Saratoga, is hereby authorized to call a special election in such town in the manner and for the purposes herein provided. He shall cause notice of such election to be given by posting conspicuously at least ten printed notices thereof in public places in such town and by publishing such notice one or more times in all of the newspapers printed in such town. The posting of such notice shall be done not less than ten days nor more than twenty days before the day of such election. The first publication of such notice in a newspaper shall occur at least ten days before the day of such election. Such notice shall specify the time and place of holding such election and also the object and purpose of such election and that the voting will be by ballot. Such election shall be held in such building or place as the town board of such town may have designated therefor, by resolution. If no such building or place shall have been designated, the town clerk shall select the Polls, when same and provide for the use thereof. The polls at such election shall be open from six o'clock in the forenoon until five o'clock in the afternoon. Such election shall be conducted by the town clerk and justices of the peace of such town, who shall, except as herein otherwise provided, have the powers and duties, with respect to such election, of election officers at a general election. Any elector of such town, qualified to vote for town officers, shall be eligible to vote at such election. At such election five persons shall be elected to the office, hereby created, of building commissioners of the town of Waterford. Of the persons voted for, the five candidates open. Election officers. Voters eligible. Purpose of election. Candidates elected. tions. receiving the highest number of votes shall be elected to such office. Nominations of candidates for such office shall be made by inde- Nominapendent certificate only, in the manner provided in the election law, except that five electors of such town shall be a sufficient number of signers of any such certificate. Any number of nominating certificates may be filed, but no such certificate shall nominate more than five candidates. Any such nominating certificate shall be filed at least five days before such special election. A person nominated by any such certificate may file a written declination of such nomination with the town clerk at least three days before such election. A vacancy thus created may be filled by the committee, if any, named in the nominating certificate, by a certificate of the new nomination filed with the town clerk not later than two days before such election. The name of the person receiving the new nomination shall be printed upon the ballot at such election, and not the name of the person who shall have declined. The ballot to be used shall be substantially in the form provided Ballots. by section three hundred and thirty-one of the election law, except that no emblems shall be printed thereon. The title of the office upon such ballot shall be "building commissioners of the town of Waterford." Such ballot shall be provided by the town clerk. The expense of such election shall be a charge against such town, Expense payable in the same manner as the expense of holding special town meetings. The election officers shall certify the result Result. of the election in writing and file the same with the town clerk; and such clerk shall enter such returns at large on the records of the town and deliver a copy thereof to the commissioners elected. Such election shall be called by the town clerk within ten days Time of after this chapter shall take effect. of election election. commis eligibility, office, etc. 2. No person shall be eligible to hold the office of building Building commissioner under this act unless he be an elector of such town stoners: and the owner of property assessed on the last preceding com- oath of pleted assessment roll thereof. Each commissioner shall, before entering upon the discharge of his duties, take and file with the town clerk of such town the constitutional oath of office. Such commissioners shall constitute the board of building commissioners of the town of Waterford, in such county. Vacancies occurring Vacancies. at any time from any cause in the membership of such board shall be filled by appointment by the other commissioners. tion of 3. Within ten days after such special election, the commis- Organizasioners elected shall meet in such town and choose from their num- board. No pay. Quorum. Meetings. By-laws. Plans and specifica tions; ex penses. ber a president and secretary, who shall hold their office during the pleasure of such board. Such commissioners shall receive no compensation for their services. A meeting of a majority shall be necessary for the transaction of business. Sufficient notice shall be given to each commissioner of any meeting of the board. Such meetings shall be public and the secretary shall record at length the minutes of all its proceedings. Such board may adopt by-laws, not inconsistent with law, for their government and guidance, and may amend or rescind the same. 4. As soon as practicable after such special election and the organization of such board, the board shall cause to be prepared such plans, drawings and specifications as it shall deem proper for the reconstruction of the present town hall building of such town, or the construction of a new town hall on the site thereof, together with the estimated amount of expenses incurred in the preparation of such plans, drawings, specifications, and other expenses of the Construc- board under this act, and a separate estimate of the cost of conequipment. structing and equipping the new or reconstructed town hall proArchitects, vided for in such plans, drawings and specifications. Such board tion and counsel, etc. Filing of plans, estimates, etc. may employ an architect or architects and other experts in the preparation of such plans, drawings, specifications and estimates and may employ counsel to assist in legal proceedings and complying with the provisions of this act and may also employ a person to assist the secretary of said board, at the expense of the town. Such plans, drawings, specifications and estimates shall be filed with the town clerk of such town, together with a certificate signed by a majority of the commissioners stating the amount of money necessary to be raised in excess of insurance moneys now in the hands of the supervisor of such town for carrying out the construction work according to each separate set of plans, drawings, specifications and estimates filed as herein provided. Such board may file any number of different plans, drawings and specifications, together with the estimated cost of each, including the estimated amount of expenses to be thereafter incurred for equipping and furnishing such building and for the employment of any person or persons necessary to carry out the provisions of this Limitation act. No plans, drawings and specifications shall be prepared by of expendi- such building commissioners or submitted at any special election held under the provisions of this chapter, which provide for the expenditure of over thirty-five thousand dollars in excess of the amount of insurance moneys, now in the hands of the supervisor, ture. expenses. insurance received on account of the burning of the present town hall. Such Previous board shall file at the same time a statement of the amount of expenses previously incurred in the preparation of such plans, drawings and specifications and other expenses of the board under this act. Such board shall also compute the amount that would Remaining remain of the insurance moneys now in the hands of the super- moneys visor, received on account of the burning of the present town hall, after deducting the expense of preparing such plans, specifications. and drawings, and other expenses of the board authorized by this act previously incurred and its estimate of expenses to be incurred, and file its computation of the amount of money necessary to be raised for construction work under cach separate set of plans, drawings and specifications in addition to such residue of insurance moneys. election. § 5. Within ten days after such certificate or certificates shall Special have been filed, the town clerk shall call a special election in such town and give the same notice thereof by posting and publica- Notice. tion, as required in this act for the special election first above provided for. Such election shall be conducted by the same conduct officers, the votes canvassed and the result certified and recorded. as provided for such first special election. Such election shall place. be held at a place to be designated or provided for in the same manner as for such first election. The polls shall be open Polls, when of election. open. voters. from six o'clock in the forenoon until five o'clock in the afternoon. At such election every person residing in the town and qualified possessing the qualifications to vote upon any proposition to raise money under the town law shall be permitted to vote at such election. There shall be submitted at such election the question questions "Shall the sum of (here insert amount) dollars ($ ) be submitted. raised by town bonds for the construction or reconstruction of a town hall under the plans and specifications of the building commissioners calling for that amount, and the equipment and furnishing thereof?" As many similar questions shall be submitted as there are different sets of plans, drawings, specifications and estimates. If more than one proposition shall be submitted, when there shall be submitted the additional question "Shall a town then hall be constructed or reconstructed and equipped with money's to be raised partly by town bonds?" Such question shall be prepared in the form provided by section three hundred and thirtytwo of the election law, with an opportunity for each voter to vote either in the affirmative or negative thercon. The other proposi тоге one proposition. Adoption of proposition. Bond issue. Sale, etc. Application of proceeds. Insurance moneys. tion shall then be prepared in such form as the board of building visor may in his discretion reject any or all bids, if in his opin- |