§ 277 — Establishment of certain county sewer districts in Suffolk county

New York § 277

• Jurisdiction: New York
• Law CNT: County
• Art. 5-A: County Water, Sewer, Drainage and Refuse Districts

Text

§ 277. Establishment of certain county sewer districts in Suffolk\ncounty. 1. For the purposes of this section the following terms are\ndefined as follows:\n a. County shall mean the county of Suffolk or the county of Erie.\n b. County legislature shall mean the county legislature of the county\nof Suffolk or of the county of Erie.\n c. Governing board shall mean the town board of a town or the board of\ntrustees of a village, as the case may be, located in the county of\nSuffolk or in the county of Erie.\n d. Sewer system shall include collection facilities, treatment or\ndisposal plants, buildings, land and rights in land, furnishings,\nequipment, machinery and apparatus, appurtenant facilities, all moneys\non hand collected or received for the purposes of such sewer system, and\nall other items of property, either real or personal or mixed, acquired\nfor or incidental to such sewer system.\n e. Town sewer district shall mean a sewer district governed by the\nprovisions of articles twelve or twelve-A of the town law or a benefited\narea established to provide a sewer improvement pursuant to articles\nthree-A or twelve-C of such law.\n f. Village sewer district shall mean a sewer district governed by the\nprovisions of article fourteen and section 17-1718 of the village law.\n g. County treasurer shall mean, in the case of Erie County, the county\ncomptroller of Erie county.\n h. Town wastewater disposal district shall mean a wastewater district\ngoverned by the provisions of article twelve or twelve-a of the town law\nor a benefited area established to provide a wastewater disposal\nimprovement pursuant to article three-a or twelve-c of such law.\n i. Village wastewater disposal district shall mean a wastewater\ndisposal district governed by section 17-1719 of the village law.\n j. Village sewerage system shall mean a sewerage system governed by\nthe provisions of article fourteen of the village law.\n 2. Upon petition as hereinafter provided the county legislature may\nestablish a county sewer district in the manner hereinafter provided\nhaving boundaries coterminous with any existing town sewer district,\nvillage or village sewer district for the purpose of acquiring,\noperating and maintaining the sewer system thereof.\n 2-a. Upon petition, as hereinafter provided, the county legislature\nmay establish a county wastewater disposal district in the manner\nhereinafter provided having boundaries coterminous with any existing\ntown wastewater disposal district, village sewerage system or village\nwastewater disposal district for the purpose of acquiring, operating and\nmaintaining the district or system thereof.\n 3. A petition for the establishment of a county sewer district or\nwastewater disposal district pursuant to this section shall be executed\nand acknowledged by the supervisor of the town or mayor of the village,\nas the case may be, upon authorization by the governing board after a\npublic hearing. Such public hearing shall be called by resolution\nadopted by such governing body, which shall direct that notice thereof\nbe published and posted not less than ten days prior to the date set for\nsuch hearing; provided, however, that in the case of a town sewer\ndistrict or wastewater disposal district having a separate board of\ncommissioners pursuant to article thirteen of the town law, no\nresolution calling a public hearing shall be adopted unless approved in\nwriting by a majority of the commissioners of such district. Such notice\nshall be given, in the case of towns, in the manner prescribed in\nsection one hundred ninety-three of the town law, and in the case of\nvillages, in the manner prescribed in the section of the election law\nentitled general village election. Such notice shall state in general\nterms that it is proposed to petition the county legislature to\nestablish a county sewer district for the purpose of acquiring and\nthereafter operating and maintaining the sewer system in question, or\nthat it is proposed to petition the county legislature to establish a\ncounty wastewater disposal district for the purpose of acquiring and\nthereafter operating and maintaining the disposal district of the\nsewerage system in question, and shall set forth the time when and place\nwhere such hearing shall be held.\n 4. If the governing board shall decide, after such public hearing and\nupon the evidence given thereat, that it is in the public interest to\npetition the county legislature pursuant to this section, it shall adopt\na resolution directing the supervisor or mayor, as the case may be, to\nexecute such petition and file the same with the clerk of the county\nlegislature. Such petition shall generally identify the particular sewer\nsystem, sewerage system, or wastewater disposal district proposed to be\ntransferred and shall accurately describe the boundaries thereof in a\nmanner sufficient to permit definite and conclusive identification of\nall parcels of property included therein.\n 5. Upon presentation of such petition the county legislature shall\nrefer the same to the county sewer agency for a report with respect\nthereto. Such report shall contain the recommendations of such agency\nand such other data and information as shall have been requested by the\ncounty legislature or as may be determined by such agency to be\nappropriate under the circumstances. Upon receipt of such report the\ncounty legislature may call a public hearing upon a proposal to\nestablish a county sewer district or county wastewater disposal district\nin accordance with such petition. Notice of such public hearing shall be\ngiven in the manner and within the time prescribed in section two\nhundred fifty-four of this chapter. In addition, a copy of such notice\nshall be served upon or mailed to the clerk of the town or village which\npresented such petition not less than ten days prior to the day set\ntherein for such hearing. Such notice shall contain a general\ndescription of the sewer system, sewerage system or wastewater disposal\nsystem proposed to be transferred, a description of the area to be\nincluded within the proposed county sewer district or wastewater\ndisposal district, whether assessments for district purposes will be\nlevied pursuant to section two hundred seventy or two hundred\nseventy-one of this chapter, a statement that such proposed district\nwill assume the payment of all outstanding obligations, contracts and\nother indebtedness incurred for the purposes of or in relation to the\nsewer system, sewerage system or wastewater disposal district proposed\nto be transferred, and shall specify the time when and place where the\ncounty legislature will meet to consider the matter and to hear all\nparties interested therein concerning the same.\n 6. If, based upon the evidence presented at such public hearing and\nafter due consideration of the petition, report of the county sewer\nagency and other data filed with it, the county legislature shall\ndetermine that it is in the public interest to establish the proposed\ndistrict, it shall adopt an order establishing the district in\naccordance with the provisions of subdivision seven of this section. If\nthe county legislature shall determine that it is not in the public\ninterest to establish such district, it shall adopt a resolution so\nstating and terminating the proceedings with respect thereto.\nNotwithstanding the provisions of sections two hundred fifty-six and two\nhundred fifty-eight of this chapter, no resolution or order adopted\npursuant to this section shall be subject to permissive referendum, nor\nshall the permission of the state comptroller be required to establish a\ndistrict pursuant hereto. In all other respects, to the extent not\ninconsistent herewith, the provisions of this chapter applicable to a\ndistrict established by an order adopted pursuant to section two hundred\nfifty-eight of this chapter shall apply to a district established by an\norder adopted pursuant to this section, including, without limiting the\ngenerality of the foregoing, sections two hundred fifty-nine and two\nhundred sixty of this chapter.\n 7. An order adopted pursuant to subdivision six of this section\nestablishing a county district, shall include the following:\n a. an accurate description of the boundaries of such district in a\nmanner sufficient to permit definite and conclusive identification of\nall parcels of property included therein, provided, however, if such\ndistrict is coterminous with a village it shall be a sufficient\ncompliance with this paragraph to so state without describing the\nboundaries of such village;\n b. a general description of the sewer system, sewerage system or\nwastewater disposal district to be transferred to such district in\naccordance with the petition for the establishment of such district;\n c. a determination as to whether assessments for district purposes\nwill be levied pursuant to section two hundred seventy or two hundred\nseventy-one of this chapter in accordance with the notice of the public\nhearing held pursuant to subdivision five of this section;\n d. a determination as to the effective date for the transfer of the\nproperty described in accordance with paragraph b of this subdivision,\nhaving due regard to the fiscal year of the county and the town or\nvillage concerned and the availability of funds for the operation and\nmaintenance of the sewer system, sewerage system or wastewater disposal\ndistrict by the county district;\n e. a determination assuming responsibility for the payment of all\nobligations, contracts and other indebtedness of the town or village, as\nthe case may be, incurred for the purposes of or in relation to the\nsewer system, sewerage system or wastewater disposal district to be\ntransferred which shall be outstanding as of the effective date of such\ntransfer, the exact amount and details thereof to be subject to future\ndetermination by agreement in such manner as may be provided therein;\nand\n f. such other terms, conditions and provisions with respect to the\nestablishment of such district and such transfer, not inconsistent with\nthe provisions of this section, as the county legislature may determine\nto be necessary or desirable under the circumstances.\n 8. The clerk of the county legislature, within ten days after the\nadoption thereof, shall file a certified copy of such order with the\nclerk of the town or village concerned, who shall present the same to\nthe governing board at the next meeting thereof. Such governing board\nshall thereupon adopt such resolutions and take such other action as\nshall be necessary to effectuate a transfer to the county district of\nthe sewer system, sewerage system or wastewater disposal district in\naccordance with the provisions of this section and such order. In\naddition, in the case of a town or a village sewer district or\nwastewater disposal district, the governing board shall adopt an order\ndissolving such district effective as of the date of such transfer, a\ncertified copy of which shall be recorded in the office of the county\nclerk.\n 9. All assessments levied by, or fees, rates, rents or other charges\ndue or moneys owing to any town or village with respect to any sewer\nsystem, sewerage system or wastewater disposal district and remaining\nunpaid as of the effective date of the transfer thereof to a county\ndistrict pursuant to this section shall be collected by the town or\nvillage concerned in the same manner as if such transfer had not been\nmade, and upon receipt shall be paid over to the county treasurer to be\napplied for the purposes of such county district.\n 10. a. The principal of and interest on all outstanding bonds and\nnotes of a town or village issued to pay all or part of the cost of any\nsewer system, sewerage system or wastewater disposal district\ntransferred to a county district pursuant to this section shall continue\nto be paid when due by such town or village from moneys provided for\nsuch purpose by the county from county district funds raised or\nappropriated therefor. The county treasurer shall from time to time pay\nsuch moneys to the fiscal officer of such town or village sufficiently\nin advance to permit the payment of all such principal and interest when\ndue. All other obligations and contract liabilities of a town or village\nassumed by the county district shall be paid directly from funds of such\ndistrict in the same manner as other district claims.\n b. Where serial bonds have been authorized by a town or village\npursuant to the local finance law to pay all or a part of the cost of\nthe acquisition, construction or reconstruction of or addition to a\nsewer system, sewerage system or wastewater disposal district or the\nreplacement of equipment, machinery, apparatus or furnishings therefor,\nand in anticipation of the issuance of such bonds such town or village\nhas issued a bond anticipation note or notes or has otherwise contracted\nindebtedness to be paid from the proceeds of such bonds, and prior to\nthe issuance of such bonds and the payment of such note or notes or\nother indebtedness, such sewer system, sewerage system or wastewater\ndisposal district has been transferred to a county district pursuant to\nthis section, the county may issue its serial bonds for the object or\npurpose of funding such note or notes or other indebtedness. It is\nhereby determined that the period of probable usefulness of the object\nor purpose for which such bonds may be issued by such county pursuant to\nthis subdivision is the same as the period of probable usefulness\nspecified in subdivision eleven of paragraph a of section 11.00 of the\nlocal finance law for the object or purpose for which the serial bonds\nwere authorized by such town or village prior to such transfer. Such\nperiod shall be that which was in effect at the time of such transfer\nunless such period has been subsequently shortened, in which event the\nshorter period in effect at the time of the issuance of the bonds by the\ncounty shall apply. For the purposes of paragraphs b, b-1 and c of\nsection 21.00 of the local finance law, the date of the earliest bond\nanticipation note issued by such town or village shall be considered as\nthe date of the earliest bond anticipation note issued in anticipation\nof the bonds issued by the county. Except as herein provided, such bonds\nshall be authorized and issued by the county in accordance with the\nprovisions of the local finance law applicable to the issuance of serial\nbonds by the county.\n 11. The county legislature is hereby authorized to adopt all such\nfurther resolutions and to take or direct all such additional acts and\nproceedings as may be necessary or desirable to effectuate the purposes\nand intent of this section.\n 12. Any county sewer district established pursuant to the provisions\nof former section two hundred seventy-seven of this chapter, as added by\nchapter one thousand one hundred ten of the laws of nineteen hundred\nsixty-nine, shall continue in existence and shall be subject to all of\nthe provisions of this chapter to the same extent as if established\npursuant to the provisions of this section.\n