State Codes and Statutes

Statutes > New-york > Twn > Article-3-a > Title-8 > 57

§  57.  Dissolution  of special improvement districts. 1. Whenever the  town board of a suburban town shall determine after a public hearing  as  hereinafter  provided  that  it  is  in  the  public interest to manage,  maintain, operate and repair as a town function, pursuant to title  five  of this article, any improvement or service provided or authorized to be  provided  by  one  or more special improvement districts, it may adopt a  resolution dissolving all special improvement districts  wholly  located  in such town created or existing to provide such improvement or service.    The  resolution dissolving the district or districts shall provide for  the assessment of the costs of any improvement provided or authorized to  be provided by such district or districts, including  the  principal  of  and  interest  on any bonds or other obligations authorized to be issued  for the purposes of such district or districts or which have been issued  for the purposes of such district or districts and are  outstanding  and  unpaid  as  of  the  date of such dissolution, to be borne partly by the  area of the town outside of any villages and partly by  lands  benefited  thereby; or by the area of the town outside of any villages; or entirely  by  lands  benefited thereby as the town board, in its discretion, shall  determine. Where however, (1) any part of the costs of  the  improvement  is  to  be  borne  by property in a described benefited area, such costs  shall be assessed, levied and collected from the several lots or parcels  of land within such benefited area either in the same manner and at  the  same  time as other town charges, or in just proportion to the amount of  benefit which the improvement shall confer upon such lots or parcels, or  (2) any part of the costs of the improvement  is  to  be  borne  by  the  entire  area  of the town outside of any villages, and such area has not  been determined to be the benefited area, such costs shall be  assessed,  levied  and  collected from the several lots and parcels of land in such  area in the same manner and at the same time as other town charges.    2. Any such resolution shall provide that the cost of the  management,  maintenance,  operation  and repair of such improvement or service shall  thereafter be a charge upon the area of the town outside of any villages  and shall be levied and collected in the same manner  and  at  the  same  time as other town charges.    3.  The  district  or districts shall be dissolved on the first day of  January next succeeding the effective date of the resolution  dissolving  such district or districts provided, however, that if the effective date  of such resolution shall be subsequent to the first day of August in any  year,  the  dissolution of such district or districts shall be effective  on the first day of January of the second succeeding calendar year.    4. Upon the dissolution of any such district or districts pursuant  to  this  section,  the  improvement or service provided or authorized to be  provided by such district  or  districts  shall  thereafter  be  a  town  function  and  the  town  board  shall  be responsible for the necessary  management, maintenance, operation and repair thereof.  All the property  of such district or districts shall become the property of the town.    5. The town board shall conduct  a  public  hearing  on  the  proposed  dissolution  of  a  district  or  districts pursuant to this section, on  notice published at least ten but not more than twenty days before  such  hearing  in a newspaper or newspapers designated pursuant to subdivision  eleven of section sixty-four of this chapter and shall also cause a copy  thereof to be posted upon the bulletin board in the office of  the  town  clerk.  Such notice shall specify the time when and the place where such  hearing will be  held  and  in  general  terms,  describe  the  proposed  dissolution,  and where appropriate, the proposed basis of apportioning,  levying and assessing all improvement costs and shall specifically state  that the cost of the management, maintenance, operation  and  repair  of  such improvement or service provided or authorized to be provided by thedistrict  or  districts  proposed  to be dissolved shall thereafter be a  charge upon the area of the town outside of any villages  and  shall  be  levied  and  collected  in the same manner and at the same time as other  town charges.    6.  The  town  board  may  complete  any  improvement authorized to be  provided in the district or districts dissolved or to be  dissolved  and  finance such improvement pursuant to the local finance law.    7.  The town clerk shall cause a certified copy of any such resolution  to be duly recorded  in  the  manner  prescribed  in  paragraph  (d)  of  subdivision  six  of  section fifty-four of this chapter and to be filed  with the state comptroller no later than ten days after it shall  become  effective.

State Codes and Statutes

Statutes > New-york > Twn > Article-3-a > Title-8 > 57

§  57.  Dissolution  of special improvement districts. 1. Whenever the  town board of a suburban town shall determine after a public hearing  as  hereinafter  provided  that  it  is  in  the  public interest to manage,  maintain, operate and repair as a town function, pursuant to title  five  of this article, any improvement or service provided or authorized to be  provided  by  one  or more special improvement districts, it may adopt a  resolution dissolving all special improvement districts  wholly  located  in such town created or existing to provide such improvement or service.    The  resolution dissolving the district or districts shall provide for  the assessment of the costs of any improvement provided or authorized to  be provided by such district or districts, including  the  principal  of  and  interest  on any bonds or other obligations authorized to be issued  for the purposes of such district or districts or which have been issued  for the purposes of such district or districts and are  outstanding  and  unpaid  as  of  the  date of such dissolution, to be borne partly by the  area of the town outside of any villages and partly by  lands  benefited  thereby; or by the area of the town outside of any villages; or entirely  by  lands  benefited thereby as the town board, in its discretion, shall  determine. Where however, (1) any part of the costs of  the  improvement  is  to  be  borne  by property in a described benefited area, such costs  shall be assessed, levied and collected from the several lots or parcels  of land within such benefited area either in the same manner and at  the  same  time as other town charges, or in just proportion to the amount of  benefit which the improvement shall confer upon such lots or parcels, or  (2) any part of the costs of the improvement  is  to  be  borne  by  the  entire  area  of the town outside of any villages, and such area has not  been determined to be the benefited area, such costs shall be  assessed,  levied  and  collected from the several lots and parcels of land in such  area in the same manner and at the same time as other town charges.    2. Any such resolution shall provide that the cost of the  management,  maintenance,  operation  and repair of such improvement or service shall  thereafter be a charge upon the area of the town outside of any villages  and shall be levied and collected in the same manner  and  at  the  same  time as other town charges.    3.  The  district  or districts shall be dissolved on the first day of  January next succeeding the effective date of the resolution  dissolving  such district or districts provided, however, that if the effective date  of such resolution shall be subsequent to the first day of August in any  year,  the  dissolution of such district or districts shall be effective  on the first day of January of the second succeeding calendar year.    4. Upon the dissolution of any such district or districts pursuant  to  this  section,  the  improvement or service provided or authorized to be  provided by such district  or  districts  shall  thereafter  be  a  town  function  and  the  town  board  shall  be responsible for the necessary  management, maintenance, operation and repair thereof.  All the property  of such district or districts shall become the property of the town.    5. The town board shall conduct  a  public  hearing  on  the  proposed  dissolution  of  a  district  or  districts pursuant to this section, on  notice published at least ten but not more than twenty days before  such  hearing  in a newspaper or newspapers designated pursuant to subdivision  eleven of section sixty-four of this chapter and shall also cause a copy  thereof to be posted upon the bulletin board in the office of  the  town  clerk.  Such notice shall specify the time when and the place where such  hearing will be  held  and  in  general  terms,  describe  the  proposed  dissolution,  and where appropriate, the proposed basis of apportioning,  levying and assessing all improvement costs and shall specifically state  that the cost of the management, maintenance, operation  and  repair  of  such improvement or service provided or authorized to be provided by thedistrict  or  districts  proposed  to be dissolved shall thereafter be a  charge upon the area of the town outside of any villages  and  shall  be  levied  and  collected  in the same manner and at the same time as other  town charges.    6.  The  town  board  may  complete  any  improvement authorized to be  provided in the district or districts dissolved or to be  dissolved  and  finance such improvement pursuant to the local finance law.    7.  The town clerk shall cause a certified copy of any such resolution  to be duly recorded  in  the  manner  prescribed  in  paragraph  (d)  of  subdivision  six  of  section fifty-four of this chapter and to be filed  with the state comptroller no later than ten days after it shall  become  effective.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-3-a > Title-8 > 57

§  57.  Dissolution  of special improvement districts. 1. Whenever the  town board of a suburban town shall determine after a public hearing  as  hereinafter  provided  that  it  is  in  the  public interest to manage,  maintain, operate and repair as a town function, pursuant to title  five  of this article, any improvement or service provided or authorized to be  provided  by  one  or more special improvement districts, it may adopt a  resolution dissolving all special improvement districts  wholly  located  in such town created or existing to provide such improvement or service.    The  resolution dissolving the district or districts shall provide for  the assessment of the costs of any improvement provided or authorized to  be provided by such district or districts, including  the  principal  of  and  interest  on any bonds or other obligations authorized to be issued  for the purposes of such district or districts or which have been issued  for the purposes of such district or districts and are  outstanding  and  unpaid  as  of  the  date of such dissolution, to be borne partly by the  area of the town outside of any villages and partly by  lands  benefited  thereby; or by the area of the town outside of any villages; or entirely  by  lands  benefited thereby as the town board, in its discretion, shall  determine. Where however, (1) any part of the costs of  the  improvement  is  to  be  borne  by property in a described benefited area, such costs  shall be assessed, levied and collected from the several lots or parcels  of land within such benefited area either in the same manner and at  the  same  time as other town charges, or in just proportion to the amount of  benefit which the improvement shall confer upon such lots or parcels, or  (2) any part of the costs of the improvement  is  to  be  borne  by  the  entire  area  of the town outside of any villages, and such area has not  been determined to be the benefited area, such costs shall be  assessed,  levied  and  collected from the several lots and parcels of land in such  area in the same manner and at the same time as other town charges.    2. Any such resolution shall provide that the cost of the  management,  maintenance,  operation  and repair of such improvement or service shall  thereafter be a charge upon the area of the town outside of any villages  and shall be levied and collected in the same manner  and  at  the  same  time as other town charges.    3.  The  district  or districts shall be dissolved on the first day of  January next succeeding the effective date of the resolution  dissolving  such district or districts provided, however, that if the effective date  of such resolution shall be subsequent to the first day of August in any  year,  the  dissolution of such district or districts shall be effective  on the first day of January of the second succeeding calendar year.    4. Upon the dissolution of any such district or districts pursuant  to  this  section,  the  improvement or service provided or authorized to be  provided by such district  or  districts  shall  thereafter  be  a  town  function  and  the  town  board  shall  be responsible for the necessary  management, maintenance, operation and repair thereof.  All the property  of such district or districts shall become the property of the town.    5. The town board shall conduct  a  public  hearing  on  the  proposed  dissolution  of  a  district  or  districts pursuant to this section, on  notice published at least ten but not more than twenty days before  such  hearing  in a newspaper or newspapers designated pursuant to subdivision  eleven of section sixty-four of this chapter and shall also cause a copy  thereof to be posted upon the bulletin board in the office of  the  town  clerk.  Such notice shall specify the time when and the place where such  hearing will be  held  and  in  general  terms,  describe  the  proposed  dissolution,  and where appropriate, the proposed basis of apportioning,  levying and assessing all improvement costs and shall specifically state  that the cost of the management, maintenance, operation  and  repair  of  such improvement or service provided or authorized to be provided by thedistrict  or  districts  proposed  to be dissolved shall thereafter be a  charge upon the area of the town outside of any villages  and  shall  be  levied  and  collected  in the same manner and at the same time as other  town charges.    6.  The  town  board  may  complete  any  improvement authorized to be  provided in the district or districts dissolved or to be  dissolved  and  finance such improvement pursuant to the local finance law.    7.  The town clerk shall cause a certified copy of any such resolution  to be duly recorded  in  the  manner  prescribed  in  paragraph  (d)  of  subdivision  six  of  section fifty-four of this chapter and to be filed  with the state comptroller no later than ten days after it shall  become  effective.