NY Cty L § 274-A (2021)
2021 New York Laws CNT - County Article 5-A - County Water, Sewer, Drainage and Refuse Districts 274-A - Consolidation of County Districts by Board of Supervisors.

§ 274-a. Consolidation of county districts by board of supervisors. 1.   Resolution.  The  board of supervisors may, and upon the filing with the   board of a petition signed and acknowledged, in the  same  manner  as  a   deed  to be recorded, by the requisite number of owners of real property   authorized to execute and acknowledge a petition for  the  establishment   of  a  district  pursuant  to  section  two  hundred fifty-three of this   article, shall, adopt a resolution calling a public hearing upon:a. The consolidation of two or more districts established  or  created   for  the  same purpose, including (i) the determination of the basis for   the future  assessment  of  all  costs  of  operation,  maintenance  and   improvements  where  one  or  more  of  such districts is taxed on an ad   valorem basis and one or more is taxed on a benefit basis, or  (ii)  the   establishment  of  zones  of  assessment for such consolidated district,   where appropriate; andb. The consolidation of two or more districts  created  for  different   purposes into a single district which may provide all the services which   such  districts  were  providing or authorized to provide, including (i)   the determination of the basis for the future assessment of all costs of   operation, maintenance and  improvements  where  one  or  more  of  such   districts  is taxed on an ad valorem basis and one or more is taxed on a   benefit basis, or (ii) the establishment of zones of assessment for such   consolidated district, where appropriate, provided that  the  boundaries   of such districts are coterminous.2.  County  agency  review and report. The board may direct the county   agency,  appointed  or  established  pursuant  to  section  two  hundred   fifty-one  of  this  article,  to  review the proposed consolidation and   report thereon to the board.3. Notice. The clerk of the board of supervisors shall give notice  of   such hearing in such newspapers and within such time period as set forth   in  section  two  hundred  fifty-four of this article. Such notice shall   specify the time when and the place where such hearing will be held and,   in  general  terms,  describe  the  proposed  consolidation  and   shall   specifically   state  the  proposed  disposition  of  the  property  and   indebtedness of the  original  districts,  and  where  appropriate,  the   proposed  basis  of  the  future  assessment  of all costs of operation,   maintenance and improvement including whether zones of assessment are to   be established and the costs of district facilities are to be  allocated   as  between  such  zones.  Such  notice shall also state that the county   agency has issued a report on the proposed consolidation, if such be the   case, and shall specify where a copy of  such  report  may  be  examined   prior to the public hearing.4.  Hearing.  The  board shall meet at the time and place specified in   such notice and hear  all  persons  interested  in  the  subject  matter   thereof  concerning  the  same.  If  the board shall determine, upon the   evidence given thereat, that it is the public  interest  to  consolidate   all  of  the districts specified in said notice, or two or more thereof,   if such be the case, or to assess future costs of operation, maintenance   and improvements on a particular basis where appropriate, the board  may   adopt  a resolution subject to a permissive referendum, so consolidating   such districts, if such be the case, and were applicable, setting  forth   the  basis  for  the  future  assessment  of  all  costs  of  operation,   maintenance and improvements, including whether zones of assessment  are   to  be  established  and  the  costs  of  district  facilities are to be   allocated as between such zones.5. Notice of  adoption  of  resolution.  Within  ten  days  after  the   adoption by the board of a resolution consolidating districts, the board   shall  give  notice  thereof  at  the  expense  of  the  county,  by the   publication of a notice in such newspapers and within such  time  period    as  set  forth  in  section one hundred one of this chapter. Such notice   shall set forth the date of adoption of the resolution  and  contain  an   abstract  of such resolution, describing in general terms, the districts   so  consolidated,  and shall specify the basis for the future assessment   of  all  costs  of  operation,  maintenance   and   improvements   where   applicable, a description of boundaries of zones of assessment and costs   proposed  to  be allocated thereto, if any, and that such resolution was   adopted subject to a permissive referendum.6. Petition. The resolution of the board shall not take  effect  until   forty-five  days  after  its adoption and shall be subject to permissive   referendum in each district  so  consolidated  in  accordance  with  the   provisions of sections two hundred fifty-six and two hundred fifty-seven   of this article.7.  Consolidation  of  districts.  The consolidation of such districts   shall  become  effective  on  the  thirty-first  day  of  December  next   succeeding,  provided,  however,  that  if  any such resolution shall be   adopted subsequent to the  first  day  of  October  in  any  year,  such   consolidation shall become effective on the thirty-first day of December   of  the  next succeeding calendar year. Unless the resolution adopted by   the  board  for  the  consolidation  of  the  districts  shall   specify   otherwise,  all  the property of the original districts shall become the   property of the consolidated district,  and  the  consolidated  district   shall  assume and pay the indebtedness of each of the original districts   as  if  such  indebtedness  had  been   incurred   subsequent   to   the   consolidation.8.  Merger  of proceedings. Nothing in this article shall be deemed to   prevent the merger of a proceeding to extend the boundaries  of  one  or   more  districts  to make them coterminous with the boundaries of another   district and a proceeding to consolidate two or more  districts  created   for  different  purposes  into a single district where such extension is   undertaken for the purpose of such consolidation.