Section 2-258. Apportionment of property and obligations of a special district of a town upon the incorporation of a part in a village


Latest version.
  • If the
      territory so incorporated as a village includes  within  its  boundaries
      part  of  a special district established by the town for a sewer, water,
      light, fire, park, health, police or  any  other  special  district  for
      municipal  purposes,  the  proportion of the bonded debt incurred by the
      town and payable  by  a  tax  against  the  property  within  a  special
      district, for whose benefit the bonds were issued which shall be assumed
      by  the  village  and  the  apportionment  of personal and real property
      belonging to the special district shall be determined according  to  the
      relative  assessed  valuation  of the personal and real property in that
      portion of the special district without the  village  and  that  portion
      within  the village, in the following manner: the town board of the town
      when acting as a board for special district exclusive of  a  member  who
      may  reside  in  the  village  or the commissioner or commissioners of a
      special district where the special district is managed by a commissioner
      or commissioners exclusive of a member who may reside in the village and
      the trustees of the village being unable  to  agree  within  six  months
      after  the  incorporation  of  the  village  becomes  complete  upon the
      proportion of the debt and the apportionment of the  personal  and  real
      property,  then  the  supreme  court  shall have power to determine such
      division and to enforce such award, division and determination as  shall
      be made in the premises in a suit in equity to be brought in the name of
      either of the said parties.