Section 209-R. Dissolution of special sewer, drainage or water improvement districts

1. Whenever the town board of a town shall determine after a
  public hearing as hereinafter provided that it is in the public interest
  to manage, maintain, operate and repair as a town function, pursuant  to
  this  article,  any  improvement or service provided or authorized to be
  provided by one or more special sewer,  drainage  or  water  improvement
  districts,  it may adopt a resolution dissolving any such special sewer,
  drainage or water improvement districts  wholly  located  in  such  town
  created or existing to provide such improvement or service.
    The  resolution dissolving the district or districts shall provide for
  the assessment of the costs of any improvement provided or authorized to
  be provided by such district or districts, including  the  principal  of
  and  interest  on any bonds or other obligations authorized to be issued
  for the purposes of such district or districts or which have been issued
  for the purposes of such district or districts and are  outstanding  and
  unpaid  as  of  the  date of such dissolution, to be borne partly by the
  area of the town outside of any villages and partly by  lands  benefited
  thereby; or by the area of the town outside of any villages; or entirely
  by  lands  benefited thereby as the town board, in its discretion, shall
  determine. Where however, (1) any part of the costs of  the  improvement
  is  to  be  borne  by property in a described benefited area, such costs
  shall be assessed, levied and collected from the several lots or parcels
  of land within such benefited area either in the same manner and at  the
  same  time as other town charges, or in just proportion to the amount of
  benefit which the improvement shall confer upon such lots or parcels, or
  (2) any part of the costs of the improvement  is  to  be  borne  by  the
  entire  area  of the town outside of any villages, and such area has not
  been determined to be the benefited area, such costs shall be  assessed,
  levied  and  collected from the several lots and parcels of land in such
  area in the same manner and at the same time as other town charges.
    2. The resolution  dissolving  the  district  or  districts  shall  be
  subject  to  permissive  referendum  in the manner prescribed in article
  seven  of  this  chapter  except  as  hereinafter  provided.  Any   such
  referendum  shall  be held in the entire area of the town outside of any
  villages,  except  where  the  resolution  dissolving  the  district  or
  districts  provides  that  any  part  of  the  costs  of any improvement
  provided or authorized to be provided by such district or  districts  is
  to be borne by an area of the town less than the entire area of the town
  outside of any villages, such resolution may provide that the referendum
  shall be held in such lesser area.
    Any  resolution  submitted  to  a  referendum pursuant to this section
  shall not become effective unless it is approved by the affirmative vote
  of a majority of the qualified electors voting thereon who reside in the
  area of the town outside  of  any  villages,  or  in  such  lesser  area
  described  in  the  resolution  dissolving  the district or districts as
  authorized above. A petition requesting a referendum shall be sufficient
  if signed, and acknowledged or proved in the same manner as a deed to be
  recorded, or authenticated in the manner provided by  the  election  law
  for  the  authentication  of nominating petitions, by qualified electors
  residing in the area of the town outside of  any  villages  or  in  such
  lesser area described in such resolution in number equal to at least ten
  percent of the total number of resident electors residing in the area of
  the  town  outside  of any villages or in such lesser area, qualified to
  vote at the last general election. Any expense incurred by the  town  in
  conducting  such  referendum shall be a charge upon the area of the town
  outside of any villages and shall be assessed, levied and  collected  in
  the same manner as other town charges.

    3.  Any such resolution shall provide that the cost of the management,
  maintenance, operation and repair of such improvement or  service  shall
  thereafter be a charge upon the area of the town outside of any villages
  and  shall  be  levied  and collected in the same manner and at the same
  time as other town charges.
    3-a.  Sewer  rents and water rates. The town board may establish sewer
  rents and water rates as provided in paragraph (l) of subdivision 1  and
  paragraph  (d)  of subdivision three of section one hundred ninety-eight
  of this chapter.
    4. The district or districts shall be dissolved on the  first  day  of
  January  next succeeding the effective date of the resolution dissolving
  such district or districts provided, however, that if the effective date
  of such resolution shall be subsequent to the first day of August in any
  year, the dissolution of such district or districts shall  be  effective
  on the first day of January of the second succeeding calendar year.
    5.  Upon the dissolution of any such district or districts pursuant to
  this section, the improvement or service provided or  authorized  to  be
  provided  by  such  district  or  districts  shall  thereafter be a town
  function and the town board  shall  be  responsible  for  the  necessary
  management,  maintenance, operation and repair thereof. All the property
  of such district or districts shall become the property of the town.
    6. The town board shall conduct  a  public  hearing  on  the  proposed
  dissolution  of  a  district  or  districts pursuant to this section, on
  notice published at least ten but not more than twenty days before  such
  hearing  in a newspaper or newspapers designated pursuant to subdivision
  eleven of section sixty-four of this chapter and shall also cause a copy
  thereof to be posted upon the bulletin board in the office of  the  town
  clerk.  In the event that the town maintains a website, such information
  may also be provided on the website. Such notice shall specify the  time
  when and the place where such hearing will be held and in general terms,
  describe  the  proposed dissolution, and where appropriate, the proposed
  basis of apportioning, levying and assessing all improvement  costs  and
  shall  specifically  state that the cost of the management, maintenance,
  operation  and  repair  of  such  improvement  or  service  provided  or
  authorized  to  be  provided by the district or districts proposed to be
  dissolved shall thereafter be a charge upon the area of the town outside
  of any villages and shall be levied and collected in the same manner and
  at the same time as other town charges.
    7. The town board  may  complete  any  improvement  authorized  to  be
  provided  in  the district or districts dissolved or to be dissolved and
  finance such improvement pursuant to the local finance law.
    8. The town clerk shall cause a certified copy of any such  resolution
  to  be  duly  recorded  in  the  manner  prescribed  in paragraph (d) of
  subdivision six of section two hundred nine-q of this chapter and to  be
  filed  with  the state comptroller no later than ten days after it shall
  become effective.
    * NB Repealed March 21, 2010