2006 New York Code - Dissolution Of Special Improvement Districts.

 
    §  57.  Dissolution  of special improvement districts. 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.
    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.
    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.
    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.
    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.
    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.
    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.