Section 760. Duty to approve proposed elector initiated consolidation plan  


Latest version.
  • 1. In the case of a proposed consolidation  of  local  government  entities  properly initiated by petition of electors pursuant to section
      seven hundred fifty-seven of this title, if a majority of  the  electors
      voting  in a referendum held in each of the local government entities to
      be consolidated vote in favor of consolidation, the entities'  governing
      body  or bodies shall meet within thirty days after certification of the
      favorable vote and, within one hundred  eighty  days  of  such  meeting,
      prepare   and   approve  by  resolution  a  proposed  elector  initiated
      consolidation plan.
        2. The proposed elector initiated consolidation plan shall include:
        (a) the name of each local government entity to be consolidated;
        (b) the name of what will be the consolidated local government entity,
      which name shall be such as to distinguish it from the name of any other
      like unit of government in the state of New York (except the name of any
      one of the entities to be consolidated);
        (c) the rights, duties  and  obligations  of  the  consolidated  local
      government entity;
        (d)  the  territorial  boundaries of the consolidated local government
      entity;
        (e) the type and/or class of the consolidated local government entity;
        (f) the governmental organization of the consolidated local government
      entity insofar as it concerns elected and appointed officials and public
      employees, along with a transitional plan and schedule for elections and
      appointments of officials;
        (g) a fiscal estimate of the cost of and savings which may be realized
      from consolidation;
        (h) each entity's assets, including, but  not  limited  to,  real  and
      personal  property,  and  the fair value thereof in current money of the
      United States;
        (i) each entity's liabilities and indebtedness, bonded and  otherwise,
      and the fair value thereof in current money of the United States;
        (j)  terms  for  the  disposition  of existing assets, liabilities and
      indebtedness of each local government entity, either jointly, separately
      or in certain defined proportions;
        (k) terms for the common administration  and  uniform  enforcement  of
      local  laws,  ordinances,  resolutions,  orders and the like, within the
      consolidated local government  entity,  consistent  with  section  seven
      hundred sixty-nine of this title;
        (l) the effective date of the consolidation; and
        (m) the time and place or places for the public hearing or hearings on
      such  proposed  elector initiated consolidation plan pursuant to section
      seven hundred sixty-two of this title.
        * NB Effective March 21, 2010