N.Y. Environmental Conservation Law § 15-1981: Powers of association; limitations; voluntary dissolution

§ 15-1981. Powers of association; limitations; voluntary dissolution.

1. The association shall have:

a. Power to construct, maintain and keep in repair the drainage

project described in the articles of association;

b. Power to sue and be sued and to enter into contracts to carry out

its purposes;

c. Power to make application, pursuant to section 15-1983, to acquire

the right to construct, maintain and keep in repair, on the lands of

others, that part of the drainage project as so described in the

articles of association; and

d. No power to issue bonds or other evidences of indebtedness.

2. All actions of the association shall be taken by a majority vote,

except as hereinafter provided, of those members present at a duly

called meeting at which a quorum is present. Each member shall have but

one vote regardless of the number of parcels of drainable acreage owned

by him and included within the drainage section. If there be more than

one owner of a parcel or parcels of drainable acreage, such owners shall

be entitled collectively to but one vote.

3. No drainage section association shall be formed in an area within a

presently existing drainage improvement district. The formation of such

an association shall not prevent the inclusion of the aggregate drained

acreage within a drainage improvement district hereafter created, in

which event the association shall be deemed to be dissolved, except for

the purpose of meeting and paying its existing liabilities for debts,

costs, expenses and fees.

4. A voluntary petition to dissolve the association may be made to the

Supreme Court upon petition of the president of the association when

authorized to do so by the affirmative votes of three-fourths of the

members present at a special meeting called for that sole purpose and at

which a quorum is present. Ten days' notice, in writing of the time and

place of the presentation of such a petition shall be given to all

members and to non-members, if any, upon whose lands drainage works

shall have been constructed in accordance with the articles of

association. Public notice of the presentation of the petition shall

also be given by a notice stating the time and place of such

presentation, published once in two consecutive weeks prior to such time

in a paper published in the county in which the articles of association

have been recorded. The court, after hearing all interested persons, may

grant an order dissolving the association, upon such terms and

conditions as in its discretion are merited. The court shall not grant

such order in the absence of proof that the association has no

outstanding indebtedness. An order dissolving the association shall be

recorded in the office of the county clerk in which the articles of

association have been recorded and shall direct the county clerk to

index it under the name of the association in the index of grantors of

real property.