2023 New York Laws › ENV - Environmental Conservation › Article 15 - Water Resources › Title 19 - Drainage › 15-1981 - Powers of Association; Limitations; Voluntary Dissolution.

§ 15-1981. Powers of association; limitations; voluntary dissolution.
1. The association shall have:
a.  Power  to  construct,  maintain  and  keep  in repair the drainage
  project described in the articles of association;
b. Power to sue and be sued and to enter into contracts to  carry  out
  its purposes;
c.  Power to make application, pursuant to section 15-1983, to acquire
  the right to construct, maintain and keep in repair,  on  the  lands  of
  others,  that  part  of  the  drainage  project  as  so described in the
  articles of association; and
d. No power to issue bonds or other evidences of indebtedness.
2. All actions of the association shall be taken by a  majority  vote,
  except  as  hereinafter  provided,  of  those  members present at a duly
  called meeting at which a quorum is present. Each member shall have  but
  one  vote regardless of the number of parcels of drainable acreage owned
  by him and included within the drainage section. If there be  more  than
  one owner of a parcel or parcels of drainable acreage, such owners shall
  be entitled collectively to but one vote.
3. No drainage section association shall be formed in an area within a
  presently  existing drainage improvement district. The formation of such
  an association shall not prevent the inclusion of the aggregate  drained
  acreage  within  a  drainage  improvement district hereafter created, in
  which event the association shall be deemed to be dissolved, except  for
  the  purpose  of  meeting and paying its existing liabilities for debts,
  costs, expenses and fees.
4. A voluntary petition to dissolve the association may be made to the
  Supreme Court upon petition of the president  of  the  association  when
  authorized  to  do  so  by the affirmative votes of three-fourths of the
  members present at a special meeting called for that sole purpose and at
  which a quorum is present. Ten days' notice, in writing of the time  and
  place  of  the  presentation  of  such  a petition shall be given to all
  members and to non-members, if any,  upon  whose  lands  drainage  works
  shall   have  been  constructed  in  accordance  with  the  articles  of
  association. Public notice of the presentation  of  the  petition  shall
  also  be  given  by  a  notice  stating  the  time  and  place  of  such
  presentation, published once in two consecutive weeks prior to such time
  in a paper published in the county in which the articles of  association
  have been recorded. The court, after hearing all interested persons, may
  grant   an  order  dissolving  the  association,  upon  such  terms  and
  conditions as in its discretion are merited. The court shall  not  grant
  such  order  in  the  absence  of  proof  that  the  association  has no
  outstanding indebtedness. An order dissolving the association  shall  be
  recorded  in  the  office  of  the county clerk in which the articles of
  association have been recorded and shall  direct  the  county  clerk  to
  index  it  under the name of the association in the index of grantors of
  real property.