Section 763. Effective date of elector initiated consolidation plan; permissive referendum

1.  Local  government   entities   consolidated  pursuant  to an elector initiated consolidated plan shall continue to be
  governed as  before  consolidation  until  the  effective  date  of  the
  consolidation  specified  in such plan, which date shall be no less than
  forty-five  days  after  final  approval  of  such  plan   pursuant   to
  subdivision three of section seven hundred sixty-two or subdivision four
  of section seven hundred sixty-four of this title.
    2.  Notwithstanding  subdivision  one  of  this  section,  the elector
  initiated consolidation plan shall not take effect  if,  no  later  than
  forty-five  days  after  final  approval thereof pursuant to subdivision
  three of section seven hundred sixty-two or subdivision four of  section
  seven  hundred  sixty-four of this title, electors of a local government
  entity to be consolidated pursuant to such plan shall:
    (a) file an original petition, containing not less than the number  of
  signatures  provided for in subdivision three of this section, seeking a
  referendum on the question whether the elector  initiated  consolidation
  plan  shall  take effect, with the clerk of the town in which the entity
  or the greater portion of its territory is located, except that  if  the
  entity  is  a village the original petition of electors from the village
  shall be filed with the clerk of the village; and
    (b) thereafter less than a majority of the electors in the entity vote
  in the affirmative on such question at a referendum.
    3. The petition shall  be  circulated,  signed  and  authenticated  in
  substantial  compliance  with  the  provisions  of section seven hundred
  fifty-seven of this title, shall contain  the  signatures  of  at  least
  twenty-five  percent  of  the  number  of  electors  or fifteen thousand
  electors, whichever is less,  in  the  local  government  entity  to  be
  consolidated,  and  shall be accompanied by a cover sheet containing the
  name, address and telephone number  of  an  individual  who  signed  the
  petition and who will serve as a contact person.
    4.  Within ten days of the filing of the petition seeking a referendum
  on whether the elector initiated dissolution plan shall take effect, the
  clerk with whom the petition was filed shall make a final  determination
  regarding  the  sufficiency  of the number of signatures on the petition
  and provide timely written notice of such determination to  the  contact
  person  named  in the cover sheet accompanying the petition. The contact
  person or any individual who  signed  the  petition  may  seek  judicial
  review  of  such  determination  in  a  proceeding  pursuant  to article
  seventy-eight of the civil practice law  and  rules.  Upon  the  clerk's
  determination  that  the  petition  contains  no  less than the required
  number of signatures, the governing body of the local government  entity
  to  which  such  petition  applies  shall  within  thirty  days  enact a
  resolution calling for a referendum by the electors of  such  entity  on
  the question whether to approve the elector initiated consolidation plan
  and  set  a date for such referendum in accordance with subdivision five
  of this section.
    5. The referendum  on  the  question  whether  the  elector  initiated
  consolidation  plan  shall  take  effect shall be submitted at a special
  election to be held not less than sixty or more than ninety  days  after
  enactment  of a resolution pursuant to subdivision four of this section,
  provided, however, that  in  cases  where  a  town  or  village  general
  election  falls  within  such  period,  the  referendum  question may be
  considered during a town or village general election.
    6. Notice of the referendum shall be given  to  the  electors  of  the
  local  government entity to which the petition applies by publication in
  a newspaper having a general circulation within the  boundaries  of  the

  entity at least once a week for four consecutive weeks immediately prior
  to the referendum. The notice shall include, but not be limited to:
    (a)  a summary of the contents of the resolution and elector initiated
  consolidation plan;
    (b) a statement as to where may be examined a copy of  the  resolution
  and elector initiated consolidation plan;
    (c) the time and place or places at which the referendum will be held,
  in accordance with subdivision five of this section; and
    (d)  such  other  matters as may be necessary to call, provide for and
  give notice of the referendum and to provide for the conduct thereof and
  the canvass of the returns thereupon.
    7. In a referendum held  pursuant  to  this  section,  the  referendum
  question  shall  be  placed  before the electors of the local government
  entity to which the petition applies in a form reading substantially  as
  follows:
    "The  voters  of  the  (insert  type and name of each local government
  entity to which the consolidation plan applies) having previously  voted
  to  consolidate,  shall  the  elector  initiated consolidation plan take
  effect?
    YES ____
    NO _____"
    8. The elector initiated consolidation  plan  shall  not  take  effect
  unless  a majority of the electors voting in the local government entity
  to which the petition applies vote in favor of such plan taking  effect.
  If  such  a majority vote does not result, the referendum shall fail and
  consolidation shall not take effect.
    * NB Effective March 21, 2010