2006 New York Code - Formation Of Joint Districts.



 
  § 15-2501. Formation of joint districts.
    1.  A  river  regulating  district  formed  and  established under the
  provisions of title 21 of this article may be given extended powers  and
  duties  by  the  formation  by  the department of a river improvement or
  drainage improvement district, or both, which districts shall  have  the
  same  boundaries  as the river regulating district, shall be joined with
  it as one body corporate and subject to the general supervision  of  the
  department  and  shall  be  administered  by  the  board  of  the  river
  regulating district. If  this  is  done,  the  board  shall  thenceforth
  exercise the powers of the department as set forth in title 19 and title
  23  of this article, except those under sections 15-1945 and 15-1957 and
  as otherwise provided below. Whenever the department is empowered to set
  up districts under title 19 and title 23 of this article, the board may,
  by  the  same  procedure,  set  up   river   or   drainage   improvement
  sub-districts  which shall not be separate bodies corporate but shall be
  financial and assessment entities  and  each  of  which  shall  have  an
  association.  Any  function  which  title  19 and title 23 specify to be
  performed by  the  Department  of  Transportation  or  the  Commissioner
  thereof  shall be performed by the board through its engineering forces,
  and legal matters may be handled by counsel to the board.  Whenever  the
  statute  requires  the  board  to file in final form orders, statements,
  schedules, reports, plans, or other  papers,  to  give  notice  of  such
  filing and, after review, if any, to record or file the same such papers
  may not be filed except with the consent and approval of the department.
  All  contract  plans  and  specifications  must  similarly  receive such
  approval to make them valid. All contracts must be  so  approved  before
  they  are signed and all acts authorizing the borrowing of money, making
  of assessments, or statements of the amounts  which  must  be  collected
  with  annual  taxes,  must be approved by the department before they are
  submitted to the Comptroller. In proper cases, any such district may  be
  assessed as an entity for benefits derived from the operation of another
  sub-district or the construction of a regulating reservoir.
    2.  Proceedings  for  the  formation  of  a joint district shall be as
  nearly as may be those set forth in title 19 or title 23 as the case may
  be. They shall be  initiated  by  a  written  petition  filed  with  the
  department.   On   receipt   thereof  the  department  shall  make  such
  investigation as it deems necessary, shall set the time and place for  a
  hearing  thereon  and  shall  give  notice  of  the  same by publication
  pursuant to the provisions of subdivision 1 of section 15-0903.  At  the
  hearing, the department will hear the applicants and the board, and such
  objectors  as  have  filed  written  objections.   After the hearing the
  department shall approve, modify and approve or reject  the  application
  according  to what it finds to be the best interest of the people of the
  state. The action of the department shall be in the  form  of  a  signed
  written  order,  copies  of  which  shall be filed in the offices of the
  clerk of each county, town, city or village,  any  part  of  which  lies
  within  the  proposed  district. Notice of such filing shall be given by
  publication and the acts of the department may be reviewed provided such
  review is initiated within sixty days of the date of the order.  If  not
  reviewed  or  if confirmed by the courts reviewing the matter, the order
  shall be recorded in the offices of the clerks of the various  counties;
  thereupon  the  order shall become final and the joint district shall be
  deemed to have been formed on the date of the order. Certified copies of
  such order shall be served on the board and shall be  its  authority  to
  act for the new district.

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