US Laws, Codes, Statutes & Cases

 
    §  711.  Determination after hearing.  1. Within ninety days after the
  hearing held pursuant to section seven hundred five  is  concluded,  the
  governing  board  of each affected local government shall determine by a
  majority vote of its total voting strength whether the petition complies
  with the provisions of  this  article  and  whether,  on  the  basis  of
  considerations  including  but  not  limited  to  those  relating to the
  effects upon (a) the territory proposed to be  annexed,  (b)  the  local
  government  or  governments  to  which  the  territory is proposed to be
  annexed, (c) the remaining area of the local government  or  governments
  in  which  the  territory  is situated and (d) any school district, fire
  district or other district corporation, public benefit corporation, fire
  protection district, fire alarm district or town or  county  improvement
  district,  situated  wholly  or  partly  in such territory, it is in the
  over-all public interest to approve such proposed annexation.
    2. a. At such time, each such governing board shall adopt a resolution
  which shall include findings with respect to compliance of the  petition
  with  the  provisions  of this article and with respect to the effect of
  such proposed annexation on the over-all public interest. In the case of
  a  governing  board  which  has  executed  any  agreement  described  in
  subdivision  two  of  section  seven hundred seven or subdivision two of
  section seven hundred eight of this article relating to  the  assumption
  of  indebtedness  or  other  liabilities  or the disposition of property
  rights in the event of annexation, its  findings  with  respect  to  the
  effect of such annexation on the over-all public interest shall be based
  on  and include the terms and conditions of such agreement to the extent
  applicable.  Where  no  agreement  as  described  herein   governs   the
  assumption  of  indebtedness  or other liabilities or the disposition of
  property, such  findings  shall  be  based  on  and  include  provisions
  concerning  such assumption or disposition prescribed in subdivision one
  of section seven hundred seven  or  subdivision  one  of  section  seven
  hundred eight of this article, as the case may be.
    b.  Each  such  board  shall  thereupon  make and sign a written order
  accordingly  containing  its  determination  and  file  copies  thereof,
  together with copies of the agreement, if any, the petition, the notice,
  the written objections, if any, and testimony and minutes of proceedings
  taken  and  kept on the hearing, in the offices of the clerks of all the
  affected local governments. In the event that the governing board of  an
  affected  local  government does not make, sign and file a written order
  as required by this section, such governing board  shall  be  deemed  to
  have  approved  the  proposed  annexation  as  of  the expiration of the
  ninety-day period provided in subdivision one hereof.
    3.  A  determination  of  a  governing  board  of  an  affected  local
  government  concerning  a matter described in paragraphs a, b, c or d of
  subdivision one of section seven hundred five of this article  shall  be
  subject  to  judicial review as provided in article seventy-eight of the
  civil practice law and rules  except  that  it  must  be  instituted  as
  therein  provided  within  thirty days after the filing of such order as
  required by subdivision two of this section.
    4. If the governing boards of all the affected local governments shall
  determine either that it is or that it is not  in  the  over-all  public
  interest to approve the proposed annexation, such determination shall be
  final and conclusive.
    5.  If any of such governing boards, but not all, shall determine that
  it is not in the  over-all  public  interest  to  approve  the  proposed
  annexation, certified copies of the respective orders of such boards, in
  addition  to being filed as provided in subdivision two of this section,
  shall also be filed in the office of the county clerk of each county  in
  which the territory proposed to be annexed is situated.