§ 711 — Determination after hearing

New York § 711

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 17: Municipal Annexation Law

Text

§ 711. Determination after hearing. 1. Within ninety days after the\nhearing held pursuant to section seven hundred five of this article is\nconcluded, the governing board of each affected local government shall\ndetermine by a majority vote of its total voting strength whether the\npetition or joint resolution to initiate annexation complies with the\nprovisions of this article and whether, on the basis of considerations\nincluding but not limited to those relating to the effects upon (a) the\nterritory proposed to be annexed, (b) the local government or\ngovernments to which the territory is proposed to be annexed, (c) the\nremaining area of the local government or governments in which the\nterritory is situated and (d) any school district, fire district or\nother district corporation, public benefit corporation, fire protection\ndistrict, fire alarm district or town or county improvement district,\nsituated wholly or partly in such territory, it is in the over-all\npublic interest to approve such proposed annexation.\n 2. a. At such time, each such governing board shall adopt a resolution\nwhich shall include findings with respect to compliance of the petition\nor joint resolution to initiate annexation, with the provisions of this\narticle and with respect to the effect of such proposed annexation on\nthe over-all public interest. In the case of a governing board which has\nexecuted any agreement described in subdivision two of section seven\nhundred seven or subdivision two of section seven hundred eight of this\narticle relating to the assumption of indebtedness or other liabilities\nor the disposition of property rights in the event of annexation, its\nfindings with respect to the effect of such annexation on the over-all\npublic interest shall be based on and include the terms and conditions\nof such agreement to the extent applicable. Where no agreement as\ndescribed herein governs the assumption of indebtedness or other\nliabilities or the disposition of property, such findings shall be based\non and include provisions concerning such assumption or disposition\nprescribed in subdivision one of section seven hundred seven or\nsubdivision one of section seven hundred eight of this article, as the\ncase may be.\n b. Each such board shall thereupon make and sign a written order\naccordingly containing its determination and file copies thereof,\ntogether with copies of the agreement, if any, the petition or joint\nresolution to initiate annexation, the notice, the written objections,\nif any, and testimony and minutes of proceedings taken and kept on the\nhearing, in the offices of the clerks of all the affected local\ngovernments. In the event that the governing board of an affected local\ngovernment does not make, sign and file a written order as required by\nthis section, such governing board shall be deemed to have approved the\nproposed annexation as of the expiration of the ninety-day period\nprovided in subdivision one of this section.\n 3. A determination of a governing board of an affected local\ngovernment concerning a matter described in paragraphs a, b, c or d of\nsubdivision one of section seven hundred five of this article shall be\nsubject to judicial review as provided in article seventy-eight of the\ncivil practice law and rules except that it must be instituted as\ntherein provided within thirty days after the filing of such order as\nrequired by subdivision two of this section.\n 4. If the governing boards of all the affected local governments shall\ndetermine either that it is or that it is not in the over-all public\ninterest to approve the proposed annexation, such determination shall be\nfinal and conclusive.\n 5. If any of such governing boards, but not all, shall determine that\nit is not in the over-all public interest to approve the proposed\nannexation, certified copies of the respective orders of such boards, in\naddition to being filed as provided in subdivision two of this section,\nshall also be filed in the office of the county clerk of each county in\nwhich the territory proposed to be annexed is situated.\n