Section 57. Dissolution of special improvement districts  


Latest version.
  • 1. Whenever the
      town board of a suburban 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 title  five
      of this article, any improvement or service provided or authorized to be
      provided  by  one  or more special improvement districts, it may adopt a
      resolution dissolving all special 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 prescribed 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.
        * 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.  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. 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 paragraph (d)
      of subdivision six of section fifty-four of this chapter and to be filed
      with the state comptroller no later than ten days after it shall  become
      effective.
        * 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 paragraph (d)
      of subdivision six of section fifty-four of this chapter and to be filed
      with the state comptroller no later than ten days after it shall  become
      effective.
        * NB Effective until March 21, 2010