2023 New York Laws › CNT - County › Article 5-A - County Water, Sewer, Drainage and Refuse Districts › 277 - Establishment of Certain County Sewer Districts in Suffolk County.

§  277.  Establishment  of  certain  county sewer districts in Suffolk
  county. 1. For the purposes of this  section  the  following  terms  are
  defined as follows:
a. County shall mean the county of Suffolk or the county of Erie.
b.  County legislature shall mean the county legislature of the county
  of Suffolk or of the county of Erie.
c. Governing board shall mean the town board of a town or the board of
  trustees of a village, as the case may be,  located  in  the  county  of
  Suffolk or in the county of Erie.
d.  Sewer  system  shall  include  collection facilities, treatment or
  disposal plants,  buildings,  land  and  rights  in  land,  furnishings,
  equipment,  machinery  and apparatus, appurtenant facilities, all moneys
  on hand collected or received for the purposes of such sewer system, and
  all other items of property, either real or personal or mixed,  acquired
  for or incidental to such sewer system.
e.  Town  sewer  district  shall mean a sewer district governed by the
  provisions of articles twelve or twelve-A of the town law or a benefited
  area established to provide a sewer  improvement  pursuant  to  articles
  three-A or twelve-C of such law.
f.  Village sewer district shall mean a sewer district governed by the
  provisions of article fourteen and section 17-1718 of the village law.
g. County treasurer shall mean, in the case of Erie County, the county
  comptroller of Erie county.
h. Town wastewater disposal district shall mean a wastewater  district
  governed by the provisions of article twelve or twelve-a of the town law
  or  a  benefited  area  established  to  provide  a  wastewater disposal
  improvement pursuant to article three-a or twelve-c of such law.
i. Village  wastewater  disposal  district  shall  mean  a  wastewater
  disposal district governed by section 17-1719 of the village law.
j.  Village  sewerage  system shall mean a sewerage system governed by
  the provisions of article fourteen of the village law.
2. Upon petition as hereinafter provided the  county  legislature  may
  establish  a  county  sewer  district in the manner hereinafter provided
  having boundaries coterminous with any  existing  town  sewer  district,
  village  or  village  sewer  district  for  the  purpose  of  acquiring,
  operating and maintaining the sewer system thereof.
2-a. Upon petition, as hereinafter provided,  the  county  legislature
  may  establish  a  county  wastewater  disposal  district  in the manner
  hereinafter provided having boundaries  coterminous  with  any  existing
  town  wastewater  disposal  district, village sewerage system or village
  wastewater disposal district for the purpose of acquiring, operating and
  maintaining the district or system thereof.
3. A petition for the establishment of  a  county  sewer  district  or
  wastewater  disposal district pursuant to this section shall be executed
  and acknowledged by the supervisor of the town or mayor of the  village,
  as  the  case  may be, upon authorization by the governing board after a
  public hearing. Such  public  hearing  shall  be  called  by  resolution
  adopted  by  such governing body, which shall direct that notice thereof
  be published and posted not less than ten days prior to the date set for
  such hearing; provided, however, that  in  the  case  of  a  town  sewer
  district  or  wastewater  disposal  district  having a separate board of
  commissioners  pursuant  to  article  thirteen  of  the  town  law,   no
  resolution  calling a public hearing shall be adopted unless approved in
  writing by a majority of the commissioners of such district. Such notice
  shall be given, in the case  of  towns,  in  the  manner  prescribed  in
  section  one  hundred  ninety-three  of the town law, and in the case of
  villages, in the manner prescribed in the section of  the  election  law
  entitled  general  village  election. Such notice shall state in general

  terms that  it  is  proposed  to  petition  the  county  legislature  to
  establish  a  county  sewer  district  for  the purpose of acquiring and
  thereafter operating and maintaining the sewer system  in  question,  or
  that  it  is  proposed to petition the county legislature to establish a
  county wastewater disposal district for the  purpose  of  acquiring  and
  thereafter  operating  and  maintaining  the  disposal  district  of the
  sewerage system in question, and shall set forth the time when and place
  where such hearing shall be held.
4. If the governing board shall decide, after such public hearing  and
  upon  the  evidence  given thereat, that it is in the public interest to
  petition the county legislature pursuant to this section, it shall adopt
  a resolution directing the supervisor or mayor, as the case may  be,  to
  execute  such  petition  and  file the same with the clerk of the county
  legislature. Such petition shall generally identify the particular sewer
  system, sewerage system, or wastewater disposal district proposed to  be
  transferred  and  shall  accurately describe the boundaries thereof in a
  manner sufficient to permit definite and  conclusive  identification  of
  all parcels of property included therein.
5.  Upon  presentation  of  such petition the county legislature shall
  refer the same to the county sewer agency  for  a  report  with  respect
  thereto.    Such report shall contain the recommendations of such agency
  and such other data and information as shall have been requested by  the
  county  legislature  or  as  may  be  determined  by  such  agency to be
  appropriate under the circumstances. Upon receipt  of  such  report  the
  county  legislature  may  call  a  public  hearing  upon  a  proposal to
  establish a county sewer district or county wastewater disposal district
  in accordance with such petition. Notice of such public hearing shall be
  given in the manner and  within  the  time  prescribed  in  section  two
  hundred  fifty-four  of this chapter. In addition, a copy of such notice
  shall be served upon or mailed to the clerk of the town or village which
  presented such petition not less than ten days  prior  to  the  day  set
  therein   for   such  hearing.  Such  notice  shall  contain  a  general
  description of the sewer system, sewerage system or wastewater  disposal
  system  proposed  to  be  transferred,  a  description of the area to be
  included  within  the  proposed  county  sewer  district  or  wastewater
  disposal  district,  whether  assessments  for district purposes will be
  levied  pursuant  to  section  two  hundred  seventy  or   two   hundred
  seventy-one  of  this  chapter,  a statement that such proposed district
  will assume the payment of all outstanding  obligations,  contracts  and
  other  indebtedness  incurred  for the purposes of or in relation to the
  sewer system, sewerage system or wastewater disposal  district  proposed
  to  be  transferred, and shall specify the time when and place where the
  county legislature will meet to consider the  matter  and  to  hear  all
  parties interested therein concerning the same.
6.  If,  based  upon the evidence presented at such public hearing and
  after due consideration of the petition,  report  of  the  county  sewer
  agency  and  other  data  filed  with  it,  the county legislature shall
  determine that it is in the public interest to  establish  the  proposed
  district,   it  shall  adopt  an  order  establishing  the  district  in
  accordance with the provisions of subdivision seven of this section.  If
  the  county  legislature  shall  determine  that it is not in the public
  interest to establish such district, it  shall  adopt  a  resolution  so
  stating   and   terminating   the   proceedings  with  respect  thereto.
  Notwithstanding the provisions of sections two hundred fifty-six and two
  hundred fifty-eight of this chapter,  no  resolution  or  order  adopted
  pursuant  to this section shall be subject to permissive referendum, nor
  shall the permission of the state comptroller be required to establish a
  district pursuant hereto. In all  other  respects,  to  the  extent  not

  inconsistent  herewith,  the  provisions of this chapter applicable to a
  district established by an order adopted pursuant to section two hundred
  fifty-eight of this chapter shall apply to a district established by  an
  order  adopted pursuant to this section, including, without limiting the
  generality of the foregoing, sections two  hundred  fifty-nine  and  two
  hundred sixty of this chapter.
7.  An  order  adopted  pursuant  to  subdivision  six of this section
  establishing a county district, shall include the following:
a. an accurate description of the boundaries of  such  district  in  a
  manner  sufficient  to  permit definite and conclusive identification of
  all parcels of property included therein,  provided,  however,  if  such
  district  is  coterminous  with  a  village  it  shall  be  a sufficient
  compliance with this  paragraph  to  so  state  without  describing  the
  boundaries of such village;
b.  a  general  description  of  the  sewer system, sewerage system or
  wastewater disposal district to  be  transferred  to  such  district  in
  accordance with the petition for the establishment of such district;
c.  a  determination  as  to whether assessments for district purposes
  will be levied pursuant to section two hundred seventy  or  two  hundred
  seventy-one  of this chapter in accordance with the notice of the public
  hearing held pursuant to subdivision five of this section;
d. a determination as to the effective date for the  transfer  of  the
  property  described  in accordance with paragraph b of this subdivision,
  having due regard to the fiscal year of  the  county  and  the  town  or
  village  concerned  and  the availability of funds for the operation and
  maintenance of the sewer system, sewerage system or wastewater  disposal
  district by the county district;
e.  a  determination  assuming  responsibility  for the payment of all
  obligations, contracts and other indebtedness of the town or village, as
  the case may be, incurred for the purposes of  or  in  relation  to  the
  sewer  system,  sewerage  system  or  wastewater disposal district to be
  transferred which shall be outstanding as of the effective date of  such
  transfer,  the  exact amount and details thereof to be subject to future
  determination by agreement in such manner as may  be  provided  therein;
  and
f.  such  other  terms,  conditions and provisions with respect to the
  establishment of such district and such transfer, not inconsistent  with
  the  provisions of this section, as the county legislature may determine
  to be necessary or desirable under the circumstances.
8. The clerk of the county legislature,  within  ten  days  after  the
  adoption  thereof,  shall  file  a certified copy of such order with the
  clerk of the town or village concerned, who shall present  the  same  to
  the  governing  board  at the next meeting thereof. Such governing board
  shall thereupon adopt such resolutions and take  such  other  action  as
  shall  be  necessary  to effectuate a transfer to the county district of
  the sewer system, sewerage system or  wastewater  disposal  district  in
  accordance  with  the  provisions  of  this  section  and such order. In
  addition, in the  case  of  a  town  or  a  village  sewer  district  or
  wastewater  disposal  district, the governing board shall adopt an order
  dissolving such district effective as of the date of  such  transfer,  a
  certified  copy  of  which shall be recorded in the office of the county
  clerk.
9. All assessments levied by, or fees, rates, rents or  other  charges
  due  or  moneys  owing  to any town or village with respect to any sewer
  system, sewerage system or wastewater disposal  district  and  remaining
  unpaid  as  of  the  effective  date of the transfer thereof to a county
  district pursuant to this section shall be  collected  by  the  town  or
  village  concerned  in  the same manner as if such transfer had not been

  made, and upon receipt shall be paid over to the county treasurer to  be
  applied for the purposes of such county district.
10.  a.  The  principal  of  and interest on all outstanding bonds and
  notes of a town or village issued to pay all or part of the cost of  any
  sewer   system,   sewerage   system   or  wastewater  disposal  district
  transferred to a county district pursuant to this section shall continue
  to be paid when due by such town or village  from  moneys  provided  for
  such  purpose  by  the  county  from  county  district  funds  raised or
  appropriated therefor. The county treasurer shall from time to time  pay
  such  moneys  to the fiscal officer of such town or village sufficiently
  in advance to permit the payment of all such principal and interest when
  due. All other obligations and contract liabilities of a town or village
  assumed by the county district shall be paid directly from funds of such
  district in the same manner as other district claims.
b. Where serial bonds have  been  authorized  by  a  town  or  village
  pursuant  to  the  local finance law to pay all or a part of the cost of
  the acquisition, construction or reconstruction  of  or  addition  to  a
  sewer  system,  sewerage  system  or wastewater disposal district or the
  replacement of equipment, machinery, apparatus or furnishings  therefor,
  and  in  anticipation of the issuance of such bonds such town or village
  has issued a bond anticipation note or notes or has otherwise contracted
  indebtedness to be paid from the proceeds of such bonds,  and  prior  to
  the  issuance  of  such  bonds  and the payment of such note or notes or
  other indebtedness, such sewer system,  sewerage  system  or  wastewater
  disposal  district has been transferred to a county district pursuant to
  this section, the county may issue its serial bonds for  the  object  or
  purpose  of  funding  such  note  or  notes or other indebtedness. It is
  hereby determined that the period of probable usefulness of  the  object
  or purpose for which such bonds may be issued by such county pursuant to
  this  subdivision  is  the  same  as  the  period of probable usefulness
  specified in subdivision eleven of paragraph a of section 11.00  of  the
  local  finance  law for the object or purpose for which the serial bonds
  were authorized by such town or village prior  to  such  transfer.  Such
  period  shall  be  that which was in effect at the time of such transfer
  unless such period has been subsequently shortened, in which  event  the
  shorter period in effect at the time of the issuance of the bonds by the
  county  shall  apply.  For  the  purposes  of paragraphs b, b-1 and c of
  section 21.00 of the local finance law, the date of  the  earliest  bond
  anticipation  note issued by such town or village shall be considered as
  the date of the earliest bond anticipation note issued  in  anticipation
  of the bonds issued by the county. Except as herein provided, such bonds
  shall  be  authorized  and  issued  by the county in accordance with the
  provisions of the local finance law applicable to the issuance of serial
  bonds by the county.
11. The county legislature is hereby  authorized  to  adopt  all  such
  further  resolutions  and to take or direct all such additional acts and
  proceedings as may be necessary or desirable to effectuate the  purposes
  and intent of this section.
12.  Any  county sewer district established pursuant to the provisions
  of former section two hundred seventy-seven of this chapter, as added by
  chapter one thousand one hundred ten of the  laws  of  nineteen  hundred
  sixty-nine,  shall  continue in existence and shall be subject to all of
  the provisions of this chapter to the  same  extent  as  if  established
  pursuant to the provisions of this section.