State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 705

§  705. Hearing.   1. Such governing boards shall meet at the time and  place specified in such notice or amended and  republished  notice.  The  members  of the participating boards shall agree on the selection of one  of their members to preside at such meeting and in  the  event  no  such  agreement  is  reached, he shall be chosen by lot. Such governing boards  shall hear any testimony and receive evidence and information which  may  be  presented  concerning  the  petition and the question of whether the  annexation is in the over-all public interest, including but not limited  to testimony, evidence and information concerning the following:    a. That a person signing the petition is not qualified therefor, or    b. With respect to a petition, other than one purporting to be  signed  by owners of a majority of the assessed valuation of real property, that  the persons signing such petition do not constitute twenty per centum of  the  persons  residing  within  such  territory  qualified  to  vote for  officers of the city, town or village, as the case may be, in which  the  territory is situated, or    c.  With respect to a petition, other than one purporting to be signed  by at least twenty per centum of persons qualified  to  vote  for  local  officers,  that  the  persons signing such petition do not represent the  owners of a majority in assessed valuation of the real property in  such  territory  assessed  upon  the  last  preceding  assessment  roll of, or  utilized by, the local government or governments in which the  territory  is situated, or    d.  That  the petition does not otherwise substantially comply in form  or content with the provisions of this article, or    e. That the proposed annexation is or is not in  the  over-all  public  interest  (1)  of  the  territory  proposed to be annexed, or (2) of the  local government or governments to which the territory is proposed to be  annexed, or (3) of  the  remaining  area  of  the  local  government  or  governments  in  which  such territory is situated, or (4) of any school  district, fire district or other district  corporation,  public  benefit  corporation,  fire  protection  district, fire alarm district or town or  county improvement district, situated wholly or partly in the  territory  proposed to be annexed.    2.  Objections  based on any of the grounds set forth in paragraphs a,  b, c or d of subdivision one of this section shall, in addition  to  the  presentation  of any oral testimony thereon, be submitted in writing and  placed on file with the boards holding such hearing and made a  part  of  the  record  thereof.  Any  oral  testimony  presented  at  such hearing  relating to the grounds set forth in paragraph e of subdivision  one  of  this  section  shall  be  reduced  to writing and shall be a part of the  record of such hearing. The  hearing  may  be  adjourned,  but  must  be  concluded  within  ten days after the date fixed in the notice. The cost  of  providing  such  record  shall  be  shared  by  the  affected  local  governments  equally  or on the basis of any equitable method or formula  agreed upon by their governing boards.    3. In the  event  that  the  governing  board  of  an  affected  local  government  does not participate in such hearing, the governing board or  boards of the other affected local government or governments shall  have  power  to  conduct such hearing without the participation of such former  governing board.

State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 705

§  705. Hearing.   1. Such governing boards shall meet at the time and  place specified in such notice or amended and  republished  notice.  The  members  of the participating boards shall agree on the selection of one  of their members to preside at such meeting and in  the  event  no  such  agreement  is  reached, he shall be chosen by lot. Such governing boards  shall hear any testimony and receive evidence and information which  may  be  presented  concerning  the  petition and the question of whether the  annexation is in the over-all public interest, including but not limited  to testimony, evidence and information concerning the following:    a. That a person signing the petition is not qualified therefor, or    b. With respect to a petition, other than one purporting to be  signed  by owners of a majority of the assessed valuation of real property, that  the persons signing such petition do not constitute twenty per centum of  the  persons  residing  within  such  territory  qualified  to  vote for  officers of the city, town or village, as the case may be, in which  the  territory is situated, or    c.  With respect to a petition, other than one purporting to be signed  by at least twenty per centum of persons qualified  to  vote  for  local  officers,  that  the  persons signing such petition do not represent the  owners of a majority in assessed valuation of the real property in  such  territory  assessed  upon  the  last  preceding  assessment  roll of, or  utilized by, the local government or governments in which the  territory  is situated, or    d.  That  the petition does not otherwise substantially comply in form  or content with the provisions of this article, or    e. That the proposed annexation is or is not in  the  over-all  public  interest  (1)  of  the  territory  proposed to be annexed, or (2) of the  local government or governments to which the territory is proposed to be  annexed, or (3) of  the  remaining  area  of  the  local  government  or  governments  in  which  such territory is situated, or (4) of any school  district, fire district or other district  corporation,  public  benefit  corporation,  fire  protection  district, fire alarm district or town or  county improvement district, situated wholly or partly in the  territory  proposed to be annexed.    2.  Objections  based on any of the grounds set forth in paragraphs a,  b, c or d of subdivision one of this section shall, in addition  to  the  presentation  of any oral testimony thereon, be submitted in writing and  placed on file with the boards holding such hearing and made a  part  of  the  record  thereof.  Any  oral  testimony  presented  at  such hearing  relating to the grounds set forth in paragraph e of subdivision  one  of  this  section  shall  be  reduced  to writing and shall be a part of the  record of such hearing. The  hearing  may  be  adjourned,  but  must  be  concluded  within  ten days after the date fixed in the notice. The cost  of  providing  such  record  shall  be  shared  by  the  affected  local  governments  equally  or on the basis of any equitable method or formula  agreed upon by their governing boards.    3. In the  event  that  the  governing  board  of  an  affected  local  government  does not participate in such hearing, the governing board or  boards of the other affected local government or governments shall  have  power  to  conduct such hearing without the participation of such former  governing board.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 705

§  705. Hearing.   1. Such governing boards shall meet at the time and  place specified in such notice or amended and  republished  notice.  The  members  of the participating boards shall agree on the selection of one  of their members to preside at such meeting and in  the  event  no  such  agreement  is  reached, he shall be chosen by lot. Such governing boards  shall hear any testimony and receive evidence and information which  may  be  presented  concerning  the  petition and the question of whether the  annexation is in the over-all public interest, including but not limited  to testimony, evidence and information concerning the following:    a. That a person signing the petition is not qualified therefor, or    b. With respect to a petition, other than one purporting to be  signed  by owners of a majority of the assessed valuation of real property, that  the persons signing such petition do not constitute twenty per centum of  the  persons  residing  within  such  territory  qualified  to  vote for  officers of the city, town or village, as the case may be, in which  the  territory is situated, or    c.  With respect to a petition, other than one purporting to be signed  by at least twenty per centum of persons qualified  to  vote  for  local  officers,  that  the  persons signing such petition do not represent the  owners of a majority in assessed valuation of the real property in  such  territory  assessed  upon  the  last  preceding  assessment  roll of, or  utilized by, the local government or governments in which the  territory  is situated, or    d.  That  the petition does not otherwise substantially comply in form  or content with the provisions of this article, or    e. That the proposed annexation is or is not in  the  over-all  public  interest  (1)  of  the  territory  proposed to be annexed, or (2) of the  local government or governments to which the territory is proposed to be  annexed, or (3) of  the  remaining  area  of  the  local  government  or  governments  in  which  such territory is situated, or (4) of any school  district, fire district or other district  corporation,  public  benefit  corporation,  fire  protection  district, fire alarm district or town or  county improvement district, situated wholly or partly in the  territory  proposed to be annexed.    2.  Objections  based on any of the grounds set forth in paragraphs a,  b, c or d of subdivision one of this section shall, in addition  to  the  presentation  of any oral testimony thereon, be submitted in writing and  placed on file with the boards holding such hearing and made a  part  of  the  record  thereof.  Any  oral  testimony  presented  at  such hearing  relating to the grounds set forth in paragraph e of subdivision  one  of  this  section  shall  be  reduced  to writing and shall be a part of the  record of such hearing. The  hearing  may  be  adjourned,  but  must  be  concluded  within  ten days after the date fixed in the notice. The cost  of  providing  such  record  shall  be  shared  by  the  affected  local  governments  equally  or on the basis of any equitable method or formula  agreed upon by their governing boards.    3. In the  event  that  the  governing  board  of  an  affected  local  government  does not participate in such hearing, the governing board or  boards of the other affected local government or governments shall  have  power  to  conduct such hearing without the participation of such former  governing board.