N.Y. County Law § 277: Establishment of certain county sewer districts in Suffolk county

§ 277. Establishment of certain county sewer districts in Suffolk

county. 1. For the purposes of this section the following terms are

defined as follows:

a. County shall mean the county of Suffolk or the county of Erie.

b. County legislature shall mean the county legislature of the county

of Suffolk or of the county of Erie.

c. Governing board shall mean the town board of a town or the board of

trustees of a village, as the case may be, located in the county of

Suffolk or in the county of Erie.

d. Sewer system shall include collection facilities, treatment or

disposal plants, buildings, land and rights in land, furnishings,

equipment, machinery and apparatus, appurtenant facilities, all moneys

on hand collected or received for the purposes of such sewer system, and

all other items of property, either real or personal or mixed, acquired

for or incidental to such sewer system.

e. Town sewer district shall mean a sewer district governed by the

provisions of articles twelve or twelve-A of the town law or a benefited

area established to provide a sewer improvement pursuant to articles

three-A or twelve-C of such law.

f. Village sewer district shall mean a sewer district governed by the

provisions of article fourteen and section 17-1718 of the village law.

g. County treasurer shall mean, in the case of Erie County, the county

comptroller of Erie county.

h. Town wastewater disposal district shall mean a wastewater district

governed by the provisions of article twelve or twelve-a of the town law

or a benefited area established to provide a wastewater disposal

improvement pursuant to article three-a or twelve-c of such law.

i. Village wastewater disposal district shall mean a wastewater

disposal district governed by section 17-1719 of the village law.

j. Village sewerage system shall mean a sewerage system governed by

the provisions of article fourteen of the village law.

2. Upon petition as hereinafter provided the county legislature may

establish a county sewer district in the manner hereinafter provided

having boundaries coterminous with any existing town sewer district,

village or village sewer district for the purpose of acquiring,

operating and maintaining the sewer system thereof.

2-a. Upon petition, as hereinafter provided, the county legislature

may establish a county wastewater disposal district in the manner

hereinafter provided having boundaries coterminous with any existing

town wastewater disposal district, village sewerage system or village

wastewater disposal district for the purpose of acquiring, operating and

maintaining the district or system thereof.

3. A petition for the establishment of a county sewer district or

wastewater disposal district pursuant to this section shall be executed

and acknowledged by the supervisor of the town or mayor of the village,

as the case may be, upon authorization by the governing board after a

public hearing. Such public hearing shall be called by resolution

adopted by such governing body, which shall direct that notice thereof

be published and posted not less than ten days prior to the date set for

such hearing; provided, however, that in the case of a town sewer

district or wastewater disposal district having a separate board of

commissioners pursuant to article thirteen of the town law, no

resolution calling a public hearing shall be adopted unless approved in

writing by a majority of the commissioners of such district. Such notice

shall be given, in the case of towns, in the manner prescribed in

section one hundred ninety-three of the town law, and in the case of

villages, in the manner prescribed in the section of the election law

entitled general village election. Such notice shall state in general

terms that it is proposed to petition the county legislature to

establish a county sewer district for the purpose of acquiring and

thereafter operating and maintaining the sewer system in question, or

that it is proposed to petition the county legislature to establish a

county wastewater disposal district for the purpose of acquiring and

thereafter operating and maintaining the disposal district of the

sewerage system in question, and shall set forth the time when and place

where such hearing shall be held.

4. If the governing board shall decide, after such public hearing and

upon the evidence given thereat, that it is in the public interest to

petition the county legislature pursuant to this section, it shall adopt

a resolution directing the supervisor or mayor, as the case may be, to

execute such petition and file the same with the clerk of the county

legislature. Such petition shall generally identify the particular sewer

system, sewerage system, or wastewater disposal district proposed to be

transferred and shall accurately describe the boundaries thereof in a

manner sufficient to permit definite and conclusive identification of

all parcels of property included therein.

5. Upon presentation of such petition the county legislature shall

refer the same to the county sewer agency for a report with respect

thereto. Such report shall contain the recommendations of such agency

and such other data and information as shall have been requested by the

county legislature or as may be determined by such agency to be

appropriate under the circumstances. Upon receipt of such report the

county legislature may call a public hearing upon a proposal to

establish a county sewer district or county wastewater disposal district

in accordance with such petition. Notice of such public hearing shall be

given in the manner and within the time prescribed in section two

hundred fifty-four of this chapter. In addition, a copy of such notice

shall be served upon or mailed to the clerk of the town or village which

presented such petition not less than ten days prior to the day set

therein for such hearing. Such notice shall contain a general

description of the sewer system, sewerage system or wastewater disposal

system proposed to be transferred, a description of the area to be

included within the proposed county sewer district or wastewater

disposal district, whether assessments for district purposes will be

levied pursuant to section two hundred seventy or two hundred

seventy-one of this chapter, a statement that such proposed district

will assume the payment of all outstanding obligations, contracts and

other indebtedness incurred for the purposes of or in relation to the

sewer system, sewerage system or wastewater disposal district proposed

to be transferred, and shall specify the time when and place where the

county legislature will meet to consider the matter and to hear all

parties interested therein concerning the same.

6. If, based upon the evidence presented at such public hearing and

after due consideration of the petition, report of the county sewer

agency and other data filed with it, the county legislature shall

determine that it is in the public interest to establish the proposed

district, it shall adopt an order establishing the district in

accordance with the provisions of subdivision seven of this section. If

the county legislature shall determine that it is not in the public

interest to establish such district, it shall adopt a resolution so

stating and terminating the proceedings with respect thereto.

Notwithstanding the provisions of sections two hundred fifty-six and two

hundred fifty-eight of this chapter, no resolution or order adopted

pursuant to this section shall be subject to permissive referendum, nor

shall the permission of the state comptroller be required to establish a

district pursuant hereto. In all other respects, to the extent not

inconsistent herewith, the provisions of this chapter applicable to a

district established by an order adopted pursuant to section two hundred

fifty-eight of this chapter shall apply to a district established by an

order adopted pursuant to this section, including, without limiting the

generality of the foregoing, sections two hundred fifty-nine and two

hundred sixty of this chapter.

7. An order adopted pursuant to subdivision six of this section

establishing a county district, shall include the following:

a. an accurate description of the boundaries of such district in a

manner sufficient to permit definite and conclusive identification of

all parcels of property included therein, provided, however, if such

district is coterminous with a village it shall be a sufficient

compliance with this paragraph to so state without describing the

boundaries of such village;

b. a general description of the sewer system, sewerage system or

wastewater disposal district to be transferred to such district in

accordance with the petition for the establishment of such district;

c. a determination as to whether assessments for district purposes

will be levied pursuant to section two hundred seventy or two hundred

seventy-one of this chapter in accordance with the notice of the public

hearing held pursuant to subdivision five of this section;

d. a determination as to the effective date for the transfer of the

property described in accordance with paragraph b of this subdivision,

having due regard to the fiscal year of the county and the town or

village concerned and the availability of funds for the operation and

maintenance of the sewer system, sewerage system or wastewater disposal

district by the county district;

e. a determination assuming responsibility for the payment of all

obligations, contracts and other indebtedness of the town or village, as

the case may be, incurred for the purposes of or in relation to the

sewer system, sewerage system or wastewater disposal district to be

transferred which shall be outstanding as of the effective date of such

transfer, the exact amount and details thereof to be subject to future

determination by agreement in such manner as may be provided therein;

and

f. such other terms, conditions and provisions with respect to the

establishment of such district and such transfer, not inconsistent with

the provisions of this section, as the county legislature may determine

to be necessary or desirable under the circumstances.

8. The clerk of the county legislature, within ten days after the

adoption thereof, shall file a certified copy of such order with the

clerk of the town or village concerned, who shall present the same to

the governing board at the next meeting thereof. Such governing board

shall thereupon adopt such resolutions and take such other action as

shall be necessary to effectuate a transfer to the county district of

the sewer system, sewerage system or wastewater disposal district in

accordance with the provisions of this section and such order. In

addition, in the case of a town or a village sewer district or

wastewater disposal district, the governing board shall adopt an order

dissolving such district effective as of the date of such transfer, a

certified copy of which shall be recorded in the office of the county

clerk.

9. All assessments levied by, or fees, rates, rents or other charges

due or moneys owing to any town or village with respect to any sewer

system, sewerage system or wastewater disposal district and remaining

unpaid as of the effective date of the transfer thereof to a county

district pursuant to this section shall be collected by the town or

village concerned in the same manner as if such transfer had not been

made, and upon receipt shall be paid over to the county treasurer to be

applied for the purposes of such county district.

10. a. The principal of and interest on all outstanding bonds and

notes of a town or village issued to pay all or part of the cost of any

sewer system, sewerage system or wastewater disposal district

transferred to a county district pursuant to this section shall continue

to be paid when due by such town or village from moneys provided for

such purpose by the county from county district funds raised or

appropriated therefor. The county treasurer shall from time to time pay

such moneys to the fiscal officer of such town or village sufficiently

in advance to permit the payment of all such principal and interest when

due. All other obligations and contract liabilities of a town or village

assumed by the county district shall be paid directly from funds of such

district in the same manner as other district claims.

b. Where serial bonds have been authorized by a town or village

pursuant to the local finance law to pay all or a part of the cost of

the acquisition, construction or reconstruction of or addition to a

sewer system, sewerage system or wastewater disposal district or the

replacement of equipment, machinery, apparatus or furnishings therefor,

and in anticipation of the issuance of such bonds such town or village

has issued a bond anticipation note or notes or has otherwise contracted

indebtedness to be paid from the proceeds of such bonds, and prior to

the issuance of such bonds and the payment of such note or notes or

other indebtedness, such sewer system, sewerage system or wastewater

disposal district has been transferred to a county district pursuant to

this section, the county may issue its serial bonds for the object or

purpose of funding such note or notes or other indebtedness. It is

hereby determined that the period of probable usefulness of the object

or purpose for which such bonds may be issued by such county pursuant to

this subdivision is the same as the period of probable usefulness

specified in subdivision eleven of paragraph a of section 11.00 of the

local finance law for the object or purpose for which the serial bonds

were authorized by such town or village prior to such transfer. Such

period shall be that which was in effect at the time of such transfer

unless such period has been subsequently shortened, in which event the

shorter period in effect at the time of the issuance of the bonds by the

county shall apply. For the purposes of paragraphs b, b-1 and c of

section 21.00 of the local finance law, the date of the earliest bond

anticipation note issued by such town or village shall be considered as

the date of the earliest bond anticipation note issued in anticipation

of the bonds issued by the county. Except as herein provided, such bonds

shall be authorized and issued by the county in accordance with the

provisions of the local finance law applicable to the issuance of serial

bonds by the county.

11. The county legislature is hereby authorized to adopt all such

further resolutions and to take or direct all such additional acts and

proceedings as may be necessary or desirable to effectuate the purposes

and intent of this section.

12. Any county sewer district established pursuant to the provisions

of former section two hundred seventy-seven of this chapter, as added by

chapter one thousand one hundred ten of the laws of nineteen hundred

sixty-nine, shall continue in existence and shall be subject to all of

the provisions of this chapter to the same extent as if established

pursuant to the provisions of this section.