Laws of New York (Last Updated: November 21, 2014) |
TWN Town |
Article 12. DISTRICT AND SPECIAL IMPROVEMENTS |
Section 208-B. Dissolution of lighting or public parking districts; town of Oyster Bay
Latest version.
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1. Whenever the town board of the town of Oyster Bay, county of Nassau 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 lighting or public parking districts, it may adopt a resolution dissolving any such lighting or public parking 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 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. * NB Effective until March 21, 2010 * 2. 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. * NB Effective March 21, 2010 * 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. * NB Effective until March 21, 2010 * 3. 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. * NB Effective March 21, 2010 * 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. * NB Effective until March 21, 2010 * 4. 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. * NB Effective March 21, 2010 * 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. * NB Effective until March 21, 2010 * 5. 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. * NB Effective March 21, 2010 * 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. * NB Effective until March 21, 2010 * 6. 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. * NB Effective March 21, 2010 * 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. * NB Effective until March 21, 2010 * 7. The town clerk shall cause a certified copy of any such resolution to be duly recorded in the manner prescribed in section one hundred ninety-five of this article. * NB Effective March 21, 2010 * 8. The town clerk shall cause a certified copy of any such resolution to be duly recorded in the manner prescribed in section one hundred ninety-five of this article. * NB Effective until March 21, 2010