§ 57 — Dissolution of special improvement districts

New York § 57

• Jurisdiction: New York
• Law TWN: Town
• Title 8: Miscellaneous Provisions
• Art. 3-A: Suburban Town Law

Text

§ 57. Dissolution of special improvement districts. 1. Whenever the\ntown board of a suburban town shall determine after a public hearing as\nhereinafter provided that it is in the public interest to manage,\nmaintain, operate and repair as a town function, pursuant to title five\nof this article, any improvement or service provided or authorized to be\nprovided by one or more special improvement districts, it may adopt a\nresolution dissolving all special improvement districts wholly located\nin such town created or existing to provide such improvement or service.\n The resolution dissolving the district or districts shall provide for\nthe assessment of the costs of any improvement provided or authorized to\nbe provided by such district or districts, including the principal of\nand interest on any bonds or other obligations authorized to be issued\nfor the purposes of such district or districts or which have been issued\nfor the purposes of such district or districts and are outstanding and\nunpaid as of the date of such dissolution, to be borne partly by the\narea of the town outside of any villages and partly by lands benefited\nthereby; or by the area of the town outside of any villages; or entirely\nby lands benefited thereby as the town board, in its discretion, shall\ndetermine. Where however, (1) any part of the costs of the improvement\nis to be borne by property in a described benefited area, such costs\nshall be assessed, levied and collected from the several lots or parcels\nof land within such benefited area either in the same manner and at the\nsame time as other town charges, or in just proportion to the amount of\nbenefit which the improvement shall confer upon such lots or parcels, or\n(2) any part of the costs of the improvement is to be borne by the\nentire area of the town outside of any villages, and such area has not\nbeen determined to be the benefited area, such costs shall be assessed,\nlevied and collected from the several lots and parcels of land in such\narea in the same manner and at the same time as other town charges.\n 2. Any such resolution shall provide that the cost of the management,\nmaintenance, operation and repair of such improvement or service shall\nthereafter be a charge upon the area of the town outside of any villages\nand shall be levied and collected in the same manner and at the same\ntime as other town charges.\n 3. The district or districts shall be dissolved on the first day of\nJanuary next succeeding the effective date of the resolution dissolving\nsuch district or districts provided, however, that if the effective date\nof such resolution shall be subsequent to the first day of August in any\nyear, the dissolution of such district or districts shall be effective\non the first day of January of the second succeeding calendar year.\n 4. Upon the dissolution of any such district or districts pursuant to\nthis section, the improvement or service provided or authorized to be\nprovided by such district or districts shall thereafter be a town\nfunction and the town board shall be responsible for the necessary\nmanagement, maintenance, operation and repair thereof. All the property\nof such district or districts shall become the property of the town.\n 5. The town board shall conduct a public hearing on the proposed\ndissolution of a district or districts pursuant to this section, on\nnotice published at least ten but not more than twenty days before such\nhearing in a newspaper or newspapers designated pursuant to subdivision\neleven of section sixty-four of this chapter and shall also cause a copy\nthereof to be posted upon the bulletin board in the office of the town\nclerk. Such notice shall specify the time when and the place where such\nhearing will be held and in general terms, describe the proposed\ndissolution, and where appropriate, the proposed basis of apportioning,\nlevying and assessing all improvement costs and shall specifically state\nthat the cost of the management, maintenance, operation and repair of\nsuch improvement or service provided or authorized to be provided by the\ndistrict or districts proposed to be dissolved shall thereafter be a\ncharge upon the area of the town outside of any villages and shall be\nlevied and collected in the same manner and at the same time as other\ntown charges.\n 6. The town board may complete any improvement authorized to be\nprovided in the district or districts dissolved or to be dissolved and\nfinance such improvement pursuant to the local finance law.\n 7. The town clerk shall cause a certified copy of any such resolution\nto be duly recorded in the manner prescribed in paragraph (d) of\nsubdivision six of section fifty-four of this chapter and to be filed\nwith the state comptroller no later than ten days after it shall become\neffective.\n