§ 785 — Effective date of elector initiated dissolution plan; permissive referendum

§ 785. Effective date of elector initiated dissolution plan;\npermissive referendum. 1. A local government entity dissolved pursuant\nto an elector initiated dissolution plan shall continue to be governed\nas before dissolution until the effective date of the dissolution\nspecified in the elector initiated dissolution plan, which date shall be\nno less than forty-five days after final approval of such plan pursuant\nto subdivision three of section seven hundred eighty-four or subdivision\nthree of section seven hundred eighty-six of this title.\n 2. Notwithstanding subdivision one of this section, the elector\ninitiated dissolution plan shall not take effect if, no later than\nforty-five days after final approval of such plan pursuant to\nsubdivision three of section seven hundred eighty-four or subdivision\nthree of section seven hundred eighty-six of this title, electors of the\nlocal government entity to be dissolved shall:\n (a) file an original petition, containing not less than the number of\nsignatures provided for in subdivision three of this section, seeking a\nreferendum on the question whether the elector initiated dissolution\nplan shall take effect, with the clerk of the town in which the entity\nor the greater portion of its territory is located, except that if the\nentity is a village the original petition of electors from the village\nshall be filed with the clerk of the village; and\n (b) thereafter less than a majority of the electors vote in the\naffirmative on such question at a referendum.\n 3. The petition shall be circulated, signed and authenticated in\nsubstantial compliance with the provisions of section seven hundred\nseventy-nine of this title, shall contain the signatures of at least\ntwenty-five percent of the number of electors or fifteen thousand\nelectors, whichever is less, in the local government entity to be\ndissolved, and shall be accompanied by a cover sheet containing the\nname, address and telephone number of an individual who signed the\npetition and who will serve as a contact person.\n 4. Within ten days of the filing of the petition seeking a referendum\non whether the elector initiated dissolution plan shall take effect, the\nclerk with whom the petition was filed shall make a final determination\nregarding the sufficiency of the number of signatures on the petition\nand provide timely written notice of such determination to the contact\nperson named in the cover sheet accompanying the petition. The contact\nperson or any individual who signed the petition may seek judicial\nreview of such determination in a proceeding pursuant to article\nseventy-eight of the civil practice law and rules. Upon the clerk's\ndetermination that the petition contains no less than the required\nnumber of signatures, the governing body of the local government entity\nto be dissolved shall within thirty days enact a resolution calling for\na referendum by the electors on the question whether the elector\ninitiated dissolution plan shall take effect and set a date for such\nreferendum in accordance with subdivision five of this section.\n 5. The referendum on the question whether the elector initiated\ndissolution plan shall take effect shall be submitted at a special\nelection to be held not less than sixty or more than ninety days after\nenactment of a resolution pursuant to subdivision four of this section,\nprovided, however, that in cases where a town or village general\nelection falls within such period, the referendum question may be\nconsidered during a town or village general election.\n 6. Notice of the referendum shall be given to the electors of the\nlocal government entity to be dissolved by publication in a newspaper\nhaving a general circulation within the boundaries of the entity at\nleast once a week for four consecutive weeks immediately prior to the\nreferendum. The notice shall include, but not be limited to:\n (a) a summary of the contents of the resolution and elector initiated\ndissolution plan;\n (b) a statement as to where may be examined a copy of the resolution\nand elector initiated dissolution plan;\n (c) the time and place or places at which the referendum will be held,\nin accordance with subdivision five of this section; and\n (d) such other matters as may be necessary to call, provide for and\ngive notice of the referendum and to provide for the conduct thereof and\nthe canvass of the returns thereupon.\n 7. In a referendum held pursuant to this section, the referendum\nquestion shall be placed before the electors of the local government\nentity to be dissolved in a form reading substantially as follows:\n "The voters of the (insert type and name of local government entity to\nbe dissolved) having previously voted to dissolve, shall the elector\ninitiated dissolution plan take effect?\n YES ____\n NO ____"\n 8. The elector initiated dissolution plan shall not take effect unless\na majority of the electors voting in the local government entity to\nwhich the petition applies votes in favor of dissolution. If such a\nmajority vote does not result, the referendum shall fail and dissolution\nshall not take effect.\n