N.Y. County Law § 274-a: Consolidation of county districts by board of supervisors

§ 274-a. Consolidation of county districts by board of supervisors. 1.

Resolution. The board of supervisors may, and upon the filing with the

board of a petition signed and acknowledged, in the same manner as a

deed to be recorded, by the requisite number of owners of real property

authorized to execute and acknowledge a petition for the establishment

of a district pursuant to section two hundred fifty-three of this

article, shall, adopt a resolution calling a public hearing upon:

a. The consolidation of two or more districts established or created

for the same purpose, including (i) the determination of the basis for

the future assessment of all costs of operation, maintenance and

improvements where one or more of such districts is taxed on an ad

valorem basis and one or more is taxed on a benefit basis, or (ii) the

establishment of zones of assessment for such consolidated district,

where appropriate; and

b. The consolidation of two or more districts created for different

purposes into a single district which may provide all the services which

such districts were providing or authorized to provide, including (i)

the determination of the basis for the future assessment of all costs of

operation, maintenance and improvements where one or more of such

districts is taxed on an ad valorem basis and one or more is taxed on a

benefit basis, or (ii) the establishment of zones of assessment for such

consolidated district, where appropriate, provided that the boundaries

of such districts are coterminous.

2. County agency review and report. The board may direct the county

agency, appointed or established pursuant to section two hundred

fifty-one of this article, to review the proposed consolidation and

report thereon to the board.

3. Notice. The clerk of the board of supervisors shall give notice of

such hearing in such newspapers and within such time period as set forth

in section two hundred fifty-four of this article. Such notice shall

specify the time when and the place where such hearing will be held and,

in general terms, describe the proposed consolidation and shall

specifically state the proposed disposition of the property and

indebtedness of the original districts, and where appropriate, the

proposed basis of the future assessment of all costs of operation,

maintenance and improvement including whether zones of assessment are to

be established and the costs of district facilities are to be allocated

as between such zones. Such notice shall also state that the county

agency has issued a report on the proposed consolidation, if such be the

case, and shall specify where a copy of such report may be examined

prior to the public hearing.

4. Hearing. The board shall meet at the time and place specified in

such notice and hear all persons interested in the subject matter

thereof concerning the same. If the board shall determine, upon the

evidence given thereat, that it is the public interest to consolidate

all of the districts specified in said notice, or two or more thereof,

if such be the case, or to assess future costs of operation, maintenance

and improvements on a particular basis where appropriate, the board may

adopt a resolution subject to a permissive referendum, so consolidating

such districts, if such be the case, and were applicable, setting forth

the basis for the future assessment of all costs of operation,

maintenance and improvements, including whether zones of assessment are

to be established and the costs of district facilities are to be

allocated as between such zones.

5. Notice of adoption of resolution. Within ten days after the

adoption by the board of a resolution consolidating districts, the board

shall give notice thereof at the expense of the county, by the

publication of a notice in such newspapers and within such time period

as set forth in section one hundred one of this chapter. Such notice

shall set forth the date of adoption of the resolution and contain an

abstract of such resolution, describing in general terms, the districts

so consolidated, and shall specify the basis for the future assessment

of all costs of operation, maintenance and improvements where

applicable, a description of boundaries of zones of assessment and costs

proposed to be allocated thereto, if any, and that such resolution was

adopted subject to a permissive referendum.

6. Petition. The resolution of the board shall not take effect until

forty-five days after its adoption and shall be subject to permissive

referendum in each district so consolidated in accordance with the

provisions of sections two hundred fifty-six and two hundred fifty-seven

of this article.

7. Consolidation of districts. The consolidation of such districts

shall become effective on the thirty-first day of December next

succeeding, provided, however, that if any such resolution shall be

adopted subsequent to the first day of October in any year, such

consolidation shall become effective on the thirty-first day of December

of the next succeeding calendar year. Unless the resolution adopted by

the board for the consolidation of the districts shall specify

otherwise, all the property of the original districts shall become the

property of the consolidated district, and the consolidated district

shall assume and pay the indebtedness of each of the original districts

as if such indebtedness had been incurred subsequent to the

consolidation.

8. Merger of proceedings. Nothing in this article shall be deemed to

prevent the merger of a proceeding to extend the boundaries of one or

more districts to make them coterminous with the boundaries of another

district and a proceeding to consolidate two or more districts created

for different purposes into a single district where such extension is

undertaken for the purpose of such consolidation.