Copyright Bayswater Civic Association 2015, 16, 19, 20, 22, 23
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NYS Legislature -
§ 2. Resolved (if the Assembly concur), That article 9 of the constitution be amended by adding a new section 4 to read as follows:
§ 4. Owners of parcels of land that are adjacent to each other or only separated by a road, highway, railroad, body of water, and/or a watercourse within a single county may separate from any city (cities) and/or town(s) whose jurisdiction the land is currently under, and incorporate a new town. First, the owners must draw up a map and prepare a charter of the proposed town and have one fifth (1/5) of the owners of land in the proposed new town sign a petition agreeing to the map and charter. The proposed town must have at least two thousand (2000) people residing in it. The charter they draft shall describe how any special district(s) will be affected and when the charter will take effect and when the special election to fill offices created for the first time under the charter will be held. Second the map, charter and petition must be filed with the county board of elections where the proposed town will exist before September 1st of any year. The county board of elections shall then schedule a vote on the proposed town on the next Election Day in November. Only voters who reside within the proposed town may vote on creating it. If a majority of those voting approve it the new town will be created and will cease to be part of the municipality or municipalities it separates from thirty days after the new town's officials take office. The new town and the municipality or municipalities it separates from should negotiate fair prices for water, sewer or other services that must continue to be shared. If an agreement cannot be reached either may petition the appellate division of Supreme Court to set the prices for up to four years at a time. Should anyone go to court to block the creation of the new town and not prevail they shall pay the reasonable legal fees and court costs of those trying to create the new town.