NY Town L § 57 (2021)
2021 New York Laws TWN - Town Article 3-A - Suburban Town Law Title 8 - Miscellaneous Provisions 57 - 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. 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.3.  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.4. 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.5. 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.6.  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.7.  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.