Section 256-A. Consolidation of Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore  


Latest version.
  • 1. The county legislature of Suffolk county is hereby  authorized
      to  consolidate  Suffolk  county  sewer district number two Holbrook and
      Suffolk county sewer district number four -  Birchwood  North  Shore  in
      accordance with the procedure contained in this section.
        2.  Resolution.  The  county legislature of Suffolk county may adopt a
      resolution calling a public hearing upon the proposed  consolidation  of
      Suffolk  county  sewer district number two - Holbrook and Suffolk county
      sewer district number four - Birchwood North Shore.
        3. Notice. The clerk of the county legislature shall  give  notice  of
      the  hearing  described  in  subdivision  two  of  this  section 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 the proposed basis of the
      future   assessment   of   all   costs  of  operation,  maintenance  and
      improvements of such consolidated sewer district.
        4. Hearing. The county legislature 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  county  legislature  shall
      determine  that  it  is  in  the  public interest to consolidate Suffolk
      county sewer district number two - Holbrook  and  Suffolk  county  sewer
      district  number  four  -  Birchwood  North  Shore  as specified in said
      notice, the Suffolk county legislature may adopt a  resolution,  subject
      to a permissive referendum, so consolidating such sewer districts.
        5.  Notice  of  adoption  of  resolution.  Within  ten  days after the
      adoption by the Suffolk county legislature of the  resolution  described
      in  subdivision  four  of  this  section, the Suffolk county legislature
      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  sewer
      districts so consolidated and the basis for the future assessment of all
      costs   of   operation,  maintenance  and  improvements  and  that  such
      resolution was adopted subject to a permissive referendum.
        6.  Petition.  The  resolution  of  the  Suffolk  county   legislature
      described  in  subdivision  four  of  this section shall not take effect
      until forty-five days  after  its  adoption  and  shall  be  subject  to
      permissive referendum in each sewer district proposed to be consolidated
      in  accordance with the provisions of section two hundred fifty-seven of
      this article.
        7. Consolidation of Suffolk county sewer district number two  Holbrook
      and  Suffolk  county sewer district number four - Birchwood North Shore.
      The consolidation of Suffolk county sewer district number  two  Holbrook
      and  Suffolk  county  sewer district number four - Birchwood North Shore
      shall  become  effective  on  the  thirty-first  day  of  December  next
      succeeding;  provided,  however,  that  if  the  resolution described in
      subdivision four of this section 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. Upon such consolidation of Suffolk county sewer district
      number two - Holbrook and Suffolk county sewer district  number  four  -
      Birchwood  North  Shore,  all the property of such sewer districts shall
      become  the  property  of  the  consolidated  sewer  district  and   the
      consolidated  sewer  district  shall  assume and pay the indebtedness of
    
      each of such original sewer districts as if such indebtedness  had  been
      incurred subsequent to the consolidation.