State Codes and Statutes

Statutes > New-york > Vil > Article-2 > 2-254

§  2-254  Effect  of  incorporation  on  all districts entirely within  village. 1. Whenever the term "district" is  used  in  this  section  it  shall  be  construed  as  referring  to a fire district, fire protection  district or fire alarm district, or a town special district, or  a  town  improvement  district;  and  the  term  "governing body" as used in this  section shall be  construed  as  referring  to  all  boards,  bodies  or  persons, in which any of the governing powers of a district are vested.    2.  If  on  the  date  of incorporation of a village the limits of the  village are coterminous with the  limits  of,  or  wholly  include,  the  territory  of  a district, such district shall cease to exist at the end  of the fiscal year of such district next following the first day of June  following  the  first  day  of  January  next  succeeding  the  date  of  incorporation;  except as otherwise provided in this section, the powers  and duties of the governing body of the district and of all the officers  of the district in connection therewith shall then cease and  determine;  and any board of commissioners, any office of commissioner and any other  office of any such district shall also cease to exist at such time.    2-a. If the limits of a village incorporated prior to the first day of  April,  nineteen  hundred sixty-five are coterminous with the limits of,  or wholly include the territory of, a district, the board of trustees of  the village, by local law or  pursuant  to  the  provisions  of  article  seventeen-A of the general municipal law, may abolish any such district.  In addition to any other notice required in connection with the adoption  of  such local law generally, thirty days' written notice of the hearing  to be held in connection with such local  law  shall  be  given  to  the  governing  body  of any such district and to the town clerk. A certified  copy of any such local law shall  be  served  upon  or  mailed  to  such  governing  body  and  clerk  within  five  days  following  the adoption  thereof. Except as otherwise provided in this section,  the  powers  and  duties  of  the governing body of a district so abolished and of all the  officers of  the  district  in  connection  therewith  shall  cease  and  determine  upon  the  effective  date of such local law and any board of  commissioners, any office of commissioner and any other  office  of  any  such  district shall also cease to exist at such time. No such local law  shall become effective except on the last day of a fiscal  year  of  the  town or district, as the case may be.    3.  a.  The obligations and the contracts of a district which shall so  cease to exist and the obligations and  contracts  of  a  town  for  the  benefit  of  or  chargeable  to such a district shall not be impaired by  this section.    b. Notwithstanding the dissolution of  a  district  pursuant  to  this  section,    (1) an amount shall be levied and collected annually sufficient to pay  in  regular  course  the  principal  of  and  interest  on  all bonds or  obligations issued pursuant to the local finance law or otherwise by  or  on  behalf  of  such district which are outstanding and unpaid as of the  date of the dissolution of the district. Such annual levy and collection  shall continue until all such outstanding bonds and obligations are paid  in full.    (2) all levies, assessments, fees,  rates  or  other  charges  of  the  district  unpaid  as  of  the  date of dissolution and all penalties and  interest thereon shall be collected.    (3) all moneys collected under  subparagraph  two  of  this  paragraph  which  would be available for district purposes if the district were not  dissolved shall be applied to the payment  of  all  obligations  of  the  district,  other  than  those  described  in  subparagraph  one  of this  paragraph, which are due and payable at the time of the  dissolution  ofthe  district.  All  such  moneys so collected and not required for such  purpose shall be paid over to the village treasurer.    (4)  the  levies,  collections and payments described in subparagraphs  one, two and three of this paragraph shall be made in the same manner as  if the district had not been dissolved, except that for the purposes  of  this paragraph:    (a)  if  a  fire  district  is dissolved, the board of trustees of the  village shall constitute the board of fire commissioners of  the  former  fire district and    (b)  if a district other than a fire district is dissolved, the powers  of the governing body of the district shall be exercised  and  performed  by the town board of the town in which the district is located.    (5)  in lieu of the requirements set forth in subparagraph one of this  paragraph, the board of trustees by resolution,  subject  to  permissive  referendum, may provide that the village shall assume responsibility for  the  levy  and  collection,  as a general village charge, of all amounts  required to pay the bonds or  obligations  therein  described.  In  such  event  the  village  shall  annually pay an amount sufficient to pay the  principal and interest on such bonds or obligations as same  become  due  and  payable in regular course. In the case of bonds or obligations of a  district other than a fire district, such payment shall be made  to  the  supervisor  of the town in which the district is located. In the case of  fire district bonds or obligations, payment shall be  made  directly  to  the  holder  of  such  bonds or obligations. The board of trustees shall  give written notice of such resolution to the  town  board  before  same  shall  become  effective.  Nothing  herein  contained  shall prevent the  village from prepaying to the town for the  purpose  of  redeeming  such  bonds  or  obligations, other than those of a fire district, in whole or  in part provided the bonds or obligations permit such  part  payment  or  redemption.  Nothing  herein  contained  shall  prevent the village from  prepaying or redeeming such fire district bonds or obligations in  whole  or in part provided the bonds or obligations permit such part payment or  redemption.    c. All contracts of or on behalf of and chargeable to a district which  ceases  to  exist  hereunder,  including  all  amounts unpaid under such  contracts but excluding all amounts unpaid thereunder which were due and  payable at  the  time  of  dissolution  of  such  district,  other  than  obligations  incurred  pursuant  to the local finance law, shall, to the  extent they are the responsibility of or beneficial to such a  district,  be  assumed  by  the  village  and all expenditures under such contracts  shall be charged as provided in subdivision six  of  this  section.  The  terms  and  conditions  and  all rights of or on behalf of the district,  including any right of amendment or rescission of such  contract,  shall  inure to the benefit of the village.    4.  The  governing  body  of  a  district shall be responsible for the  payment of all obligations of the district other than those described in  subparagraph one of paragraph b of subdivision  three  of  this  section  which  are  due  and  payable  at  the  time  of  the dissolution of the  district. The governing body of a district shall be responsible for  the  payment of all obligations of the district described in subparagraph one  of paragraph b of subdivision three of this section.    5.  Upon  a  district  ceasing  to  exist hereunder, all property of a  district shall automatically become the property of the village and,  in  connection therewith, the governing body and any other officer or person  empowered  to  transfer title to or having the custody or control of any  moneys of such district, any moneys in  a  reserve  fund,  any  real  or  personal  property  of such district or used or applied for the purposes  of such district, any policies of insurance  for  the  benefit  of  suchdistrict,  any  documents,  instruments  and other muniments of title to  district property and of any official  books,  records  and  other  data  relating  to the operation and management of such district shall prepare  or cause to be prepared an inventory of all such property, shall certify  same, shall deliver same to the village clerk and shall:    a.  pay  over  to the village treasurer all such moneys except so much  thereof as was collected for the purpose  of  paying  principal  of  and  interest  on  bonds  or  other  obligations issued pursuant to the local  finance law or otherwise by or on behalf of  the  district  and  further  except  so  much of the balance of such moneys as may be required to pay  those obligations of the district described in subdivision four of  this  section. The village treasurer on receipt of such moneys, shall set same  aside  and  apply  them  pursuant to law to the purposes of the district  which ceases to exist hereunder so long  as  the  village  continues  to  provide  the service or function thereof and thereafter to be applied in  reduction of village taxes  levied  against  the  area  of  such  former  district;  provided,  however,  that so long as the village provides the  service or function of the former district any  moneys  held  by  or  on  behalf  of  a  district  in  a reserve fund subject to the provisions of  article two of the general municipal law or section fifty-five-a of  the  town law shall be held and administered by the village as a reserve fund  subject  to those provisions of article two of the general municipal law  pertaining to villages for the same or similar  purpose  for  which  any  such fund was established.    * d.  surrender  and  deliver all such insurance policies, books, such  real or personal property.    * NB (Should be b.)    c. assign such policies of insurance and its  interest  thereunder  to  the extent permitted therein to the village.    d.  surrender  and deliver all such insurance policies, books, records  and other data to the village clerk. Copies of official  books,  records  and other data relating to the operation and management of such district  and certified by the officer responsible for same shall be sufficient to  satisfy the requirements of this paragraph. No fees or expenses shall be  charged  for the making of such copies and same shall be entitled to the  same admissibility in evidence in a court proceeding  as  the  originals  thereof.    e.  surrender  and  deliver  all  other such personal property to such  village officer, employee, board or commission as the board of  trustees  of  the village shall designate The failure of the governing body or any  other officer  or  person  to  comply  with  the  requirements  of  this  subdivision shall in no way impair the automatic transfer to the village  of  the  right,  title  or  interest  of  the district of, in or to such  property.    6. Upon a district ceasing to exist hereunder and until such  time  as  the  village  may  discontinue  the  service  or  function  pursuant  to  subdivision seven of this section,  the  service  or  function  of  such  former  district shall become a village service or function and shall be  continued as, in the discretion of the board of trustees of the village,  may be needed in all territory which previously received  same  and  the  board of trustees shall have all the powers and duties granted by law to  village  officials  in connection with such service or function and such  additional powers formerly held by the governing body or any officer  of  the  district which may be necessary to continue the service or function  of the district, provided, however:    a. if the limits of a district which ceases  to  exist  hereunder  are  wholly  within but are not coterminous with those of the village and the  service or function formerly provided by such district is  not  extendedoutside the limits of the former district, all the costs and expenses of  such service or function may be chargeable only to the territory of such  former district.    b.  if  the  limits  of a district which ceases to exist hereunder are  wholly within but are not coterminous with those of the village and  the  service  or  function  formerly  provided  by  such district is extended  outside the limits of such former district, so much  of  all  costs  and  expenses  of  such  extension  of  service  or  function to such outside  territory as is represented by the payment of the principal and interest  on obligations incurred therefor by the village pursuant  to  the  local  finance  law  may  be  chargeable  to  and  collected  from such outside  territory; and all other costs and expenses of such service or  function  may  be  chargeable  only  to  that  part of the entire territory of the  village in which such service or function is provided. In any event  and  regardless  of  the territory to which such other costs and expenses may  be made chargeable, same shall be apportioned  and  collected  uniformly  and without discrimination within such territory.    c.  upon any fire district ceasing to exist hereunder, all fire, hose,  protective or hook and ladder companies and  all  authorized  squads  or  other  units  of such district, including the memberships thereof, shall  continue to exist and shall not be affected thereby except as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and  governed  by  all  the  provisions  of  this chapter regulating and  pertaining to any such company, squad or unit and the fire department of  the village.    d. upon the incorporation  of  a  village  all  existing  fire,  hose,  protective  or  hook and ladder companies and all other firemanic squads  or  units  independently  organized  and  incorporated  which  are   not  companies,  squads  or  units  of  any  fire  district  ceasing to exist  hereunder and the boundaries of which  companies,  squads  or  units  as  specified in their certificates of incorporation or charters or any laws  establishing  such  companies,  squads  or units are coterminous with or  wholly included within the limits of the  village  and  the  memberships  thereof shall continue to exist and shall not be affected thereby except  as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and governed by all  the  provisions  of  this  chapter  regulating  and  pertaining to any such company, squad or unit and the fire department of  the village.    e.  all  officers  and employees of any district which ceases to exist  hereunder shall to the greatest extent practicable in the discretion  of  the  board  of trustees be continued in the same or similar positions as  village employees and, in  connection  therewith,  shall  have  all  the  rights  provided  by  the civil service law as if their former positions  with the district had originally been established by the village.    7. The board of trustees of the village at any time by local  law  may  discontinue the service or function of the former district in all or any  part of the village; provided, however, that any such local law shall be  subject  to  a  permissive  referendum  of  the  qualified voters in the  territory receiving the service or function at the time of the  adoption  of such local law and in which the service or function is proposed to be  discontinued. For the purpose of such referendum such territory shall be  considered as if it comprised the entire territory of the village.8.  This section shall not apply to any special assessment area or any  area of assessment for benefit the boundaries of which  are  coterminous  with  or  wholly  included  within  the limits of the village, which was  established only to pay the original cost of any special improvement  or  facility  or any addition thereto, benefitting such area. As to any such  area the assessments therein established shall continue to be levied and  collected as if the village had not been incorporated. However, any such  publicly owned improvement or facility shall become the property of  the  village  in  the  same  manner  as  provided in subdivision five of this  section for property of a district.    9. Any other special assessment area or any other area  of  assessment  for  benefit  the  boundaries  of  which  are coterminous with or wholly  included within the limits of  a  village,  shall  be  considered  as  a  district  subject  to the provisions of this section and chapter if same  was established not only  to  pay  the  original  cost  of  any  special  improvement  or facility, or any addition thereto, benefitting such area  but also to pay the  cost  of  the  operation,  maintenance,  repair  or  replacement thereof.

State Codes and Statutes

Statutes > New-york > Vil > Article-2 > 2-254

§  2-254  Effect  of  incorporation  on  all districts entirely within  village. 1. Whenever the term "district" is  used  in  this  section  it  shall  be  construed  as  referring  to a fire district, fire protection  district or fire alarm district, or a town special district, or  a  town  improvement  district;  and  the  term  "governing body" as used in this  section shall be  construed  as  referring  to  all  boards,  bodies  or  persons, in which any of the governing powers of a district are vested.    2.  If  on  the  date  of incorporation of a village the limits of the  village are coterminous with the  limits  of,  or  wholly  include,  the  territory  of  a district, such district shall cease to exist at the end  of the fiscal year of such district next following the first day of June  following  the  first  day  of  January  next  succeeding  the  date  of  incorporation;  except as otherwise provided in this section, the powers  and duties of the governing body of the district and of all the officers  of the district in connection therewith shall then cease and  determine;  and any board of commissioners, any office of commissioner and any other  office of any such district shall also cease to exist at such time.    2-a. If the limits of a village incorporated prior to the first day of  April,  nineteen  hundred sixty-five are coterminous with the limits of,  or wholly include the territory of, a district, the board of trustees of  the village, by local law or  pursuant  to  the  provisions  of  article  seventeen-A of the general municipal law, may abolish any such district.  In addition to any other notice required in connection with the adoption  of  such local law generally, thirty days' written notice of the hearing  to be held in connection with such local  law  shall  be  given  to  the  governing  body  of any such district and to the town clerk. A certified  copy of any such local law shall  be  served  upon  or  mailed  to  such  governing  body  and  clerk  within  five  days  following  the adoption  thereof. Except as otherwise provided in this section,  the  powers  and  duties  of  the governing body of a district so abolished and of all the  officers of  the  district  in  connection  therewith  shall  cease  and  determine  upon  the  effective  date of such local law and any board of  commissioners, any office of commissioner and any other  office  of  any  such  district shall also cease to exist at such time. No such local law  shall become effective except on the last day of a fiscal  year  of  the  town or district, as the case may be.    3.  a.  The obligations and the contracts of a district which shall so  cease to exist and the obligations and  contracts  of  a  town  for  the  benefit  of  or  chargeable  to such a district shall not be impaired by  this section.    b. Notwithstanding the dissolution of  a  district  pursuant  to  this  section,    (1) an amount shall be levied and collected annually sufficient to pay  in  regular  course  the  principal  of  and  interest  on  all bonds or  obligations issued pursuant to the local finance law or otherwise by  or  on  behalf  of  such district which are outstanding and unpaid as of the  date of the dissolution of the district. Such annual levy and collection  shall continue until all such outstanding bonds and obligations are paid  in full.    (2) all levies, assessments, fees,  rates  or  other  charges  of  the  district  unpaid  as  of  the  date of dissolution and all penalties and  interest thereon shall be collected.    (3) all moneys collected under  subparagraph  two  of  this  paragraph  which  would be available for district purposes if the district were not  dissolved shall be applied to the payment  of  all  obligations  of  the  district,  other  than  those  described  in  subparagraph  one  of this  paragraph, which are due and payable at the time of the  dissolution  ofthe  district.  All  such  moneys so collected and not required for such  purpose shall be paid over to the village treasurer.    (4)  the  levies,  collections and payments described in subparagraphs  one, two and three of this paragraph shall be made in the same manner as  if the district had not been dissolved, except that for the purposes  of  this paragraph:    (a)  if  a  fire  district  is dissolved, the board of trustees of the  village shall constitute the board of fire commissioners of  the  former  fire district and    (b)  if a district other than a fire district is dissolved, the powers  of the governing body of the district shall be exercised  and  performed  by the town board of the town in which the district is located.    (5)  in lieu of the requirements set forth in subparagraph one of this  paragraph, the board of trustees by resolution,  subject  to  permissive  referendum, may provide that the village shall assume responsibility for  the  levy  and  collection,  as a general village charge, of all amounts  required to pay the bonds or  obligations  therein  described.  In  such  event  the  village  shall  annually pay an amount sufficient to pay the  principal and interest on such bonds or obligations as same  become  due  and  payable in regular course. In the case of bonds or obligations of a  district other than a fire district, such payment shall be made  to  the  supervisor  of the town in which the district is located. In the case of  fire district bonds or obligations, payment shall be  made  directly  to  the  holder  of  such  bonds or obligations. The board of trustees shall  give written notice of such resolution to the  town  board  before  same  shall  become  effective.  Nothing  herein  contained  shall prevent the  village from prepaying to the town for the  purpose  of  redeeming  such  bonds  or  obligations, other than those of a fire district, in whole or  in part provided the bonds or obligations permit such  part  payment  or  redemption.  Nothing  herein  contained  shall  prevent the village from  prepaying or redeeming such fire district bonds or obligations in  whole  or in part provided the bonds or obligations permit such part payment or  redemption.    c. All contracts of or on behalf of and chargeable to a district which  ceases  to  exist  hereunder,  including  all  amounts unpaid under such  contracts but excluding all amounts unpaid thereunder which were due and  payable at  the  time  of  dissolution  of  such  district,  other  than  obligations  incurred  pursuant  to the local finance law, shall, to the  extent they are the responsibility of or beneficial to such a  district,  be  assumed  by  the  village  and all expenditures under such contracts  shall be charged as provided in subdivision six  of  this  section.  The  terms  and  conditions  and  all rights of or on behalf of the district,  including any right of amendment or rescission of such  contract,  shall  inure to the benefit of the village.    4.  The  governing  body  of  a  district shall be responsible for the  payment of all obligations of the district other than those described in  subparagraph one of paragraph b of subdivision  three  of  this  section  which  are  due  and  payable  at  the  time  of  the dissolution of the  district. The governing body of a district shall be responsible for  the  payment of all obligations of the district described in subparagraph one  of paragraph b of subdivision three of this section.    5.  Upon  a  district  ceasing  to  exist hereunder, all property of a  district shall automatically become the property of the village and,  in  connection therewith, the governing body and any other officer or person  empowered  to  transfer title to or having the custody or control of any  moneys of such district, any moneys in  a  reserve  fund,  any  real  or  personal  property  of such district or used or applied for the purposes  of such district, any policies of insurance  for  the  benefit  of  suchdistrict,  any  documents,  instruments  and other muniments of title to  district property and of any official  books,  records  and  other  data  relating  to the operation and management of such district shall prepare  or cause to be prepared an inventory of all such property, shall certify  same, shall deliver same to the village clerk and shall:    a.  pay  over  to the village treasurer all such moneys except so much  thereof as was collected for the purpose  of  paying  principal  of  and  interest  on  bonds  or  other  obligations issued pursuant to the local  finance law or otherwise by or on behalf of  the  district  and  further  except  so  much of the balance of such moneys as may be required to pay  those obligations of the district described in subdivision four of  this  section. The village treasurer on receipt of such moneys, shall set same  aside  and  apply  them  pursuant to law to the purposes of the district  which ceases to exist hereunder so long  as  the  village  continues  to  provide  the service or function thereof and thereafter to be applied in  reduction of village taxes  levied  against  the  area  of  such  former  district;  provided,  however,  that so long as the village provides the  service or function of the former district any  moneys  held  by  or  on  behalf  of  a  district  in  a reserve fund subject to the provisions of  article two of the general municipal law or section fifty-five-a of  the  town law shall be held and administered by the village as a reserve fund  subject  to those provisions of article two of the general municipal law  pertaining to villages for the same or similar  purpose  for  which  any  such fund was established.    * d.  surrender  and  deliver all such insurance policies, books, such  real or personal property.    * NB (Should be b.)    c. assign such policies of insurance and its  interest  thereunder  to  the extent permitted therein to the village.    d.  surrender  and deliver all such insurance policies, books, records  and other data to the village clerk. Copies of official  books,  records  and other data relating to the operation and management of such district  and certified by the officer responsible for same shall be sufficient to  satisfy the requirements of this paragraph. No fees or expenses shall be  charged  for the making of such copies and same shall be entitled to the  same admissibility in evidence in a court proceeding  as  the  originals  thereof.    e.  surrender  and  deliver  all  other such personal property to such  village officer, employee, board or commission as the board of  trustees  of  the village shall designate The failure of the governing body or any  other officer  or  person  to  comply  with  the  requirements  of  this  subdivision shall in no way impair the automatic transfer to the village  of  the  right,  title  or  interest  of  the district of, in or to such  property.    6. Upon a district ceasing to exist hereunder and until such  time  as  the  village  may  discontinue  the  service  or  function  pursuant  to  subdivision seven of this section,  the  service  or  function  of  such  former  district shall become a village service or function and shall be  continued as, in the discretion of the board of trustees of the village,  may be needed in all territory which previously received  same  and  the  board of trustees shall have all the powers and duties granted by law to  village  officials  in connection with such service or function and such  additional powers formerly held by the governing body or any officer  of  the  district which may be necessary to continue the service or function  of the district, provided, however:    a. if the limits of a district which ceases  to  exist  hereunder  are  wholly  within but are not coterminous with those of the village and the  service or function formerly provided by such district is  not  extendedoutside the limits of the former district, all the costs and expenses of  such service or function may be chargeable only to the territory of such  former district.    b.  if  the  limits  of a district which ceases to exist hereunder are  wholly within but are not coterminous with those of the village and  the  service  or  function  formerly  provided  by  such district is extended  outside the limits of such former district, so much  of  all  costs  and  expenses  of  such  extension  of  service  or  function to such outside  territory as is represented by the payment of the principal and interest  on obligations incurred therefor by the village pursuant  to  the  local  finance  law  may  be  chargeable  to  and  collected  from such outside  territory; and all other costs and expenses of such service or  function  may  be  chargeable  only  to  that  part of the entire territory of the  village in which such service or function is provided. In any event  and  regardless  of  the territory to which such other costs and expenses may  be made chargeable, same shall be apportioned  and  collected  uniformly  and without discrimination within such territory.    c.  upon any fire district ceasing to exist hereunder, all fire, hose,  protective or hook and ladder companies and  all  authorized  squads  or  other  units  of such district, including the memberships thereof, shall  continue to exist and shall not be affected thereby except as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and  governed  by  all  the  provisions  of  this chapter regulating and  pertaining to any such company, squad or unit and the fire department of  the village.    d. upon the incorporation  of  a  village  all  existing  fire,  hose,  protective  or  hook and ladder companies and all other firemanic squads  or  units  independently  organized  and  incorporated  which  are   not  companies,  squads  or  units  of  any  fire  district  ceasing to exist  hereunder and the boundaries of which  companies,  squads  or  units  as  specified in their certificates of incorporation or charters or any laws  establishing  such  companies,  squads  or units are coterminous with or  wholly included within the limits of the  village  and  the  memberships  thereof shall continue to exist and shall not be affected thereby except  as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and governed by all  the  provisions  of  this  chapter  regulating  and  pertaining to any such company, squad or unit and the fire department of  the village.    e.  all  officers  and employees of any district which ceases to exist  hereunder shall to the greatest extent practicable in the discretion  of  the  board  of trustees be continued in the same or similar positions as  village employees and, in  connection  therewith,  shall  have  all  the  rights  provided  by  the civil service law as if their former positions  with the district had originally been established by the village.    7. The board of trustees of the village at any time by local  law  may  discontinue the service or function of the former district in all or any  part of the village; provided, however, that any such local law shall be  subject  to  a  permissive  referendum  of  the  qualified voters in the  territory receiving the service or function at the time of the  adoption  of such local law and in which the service or function is proposed to be  discontinued. For the purpose of such referendum such territory shall be  considered as if it comprised the entire territory of the village.8.  This section shall not apply to any special assessment area or any  area of assessment for benefit the boundaries of which  are  coterminous  with  or  wholly  included  within  the limits of the village, which was  established only to pay the original cost of any special improvement  or  facility  or any addition thereto, benefitting such area. As to any such  area the assessments therein established shall continue to be levied and  collected as if the village had not been incorporated. However, any such  publicly owned improvement or facility shall become the property of  the  village  in  the  same  manner  as  provided in subdivision five of this  section for property of a district.    9. Any other special assessment area or any other area  of  assessment  for  benefit  the  boundaries  of  which  are coterminous with or wholly  included within the limits of  a  village,  shall  be  considered  as  a  district  subject  to the provisions of this section and chapter if same  was established not only  to  pay  the  original  cost  of  any  special  improvement  or facility, or any addition thereto, benefitting such area  but also to pay the  cost  of  the  operation,  maintenance,  repair  or  replacement thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vil > Article-2 > 2-254

§  2-254  Effect  of  incorporation  on  all districts entirely within  village. 1. Whenever the term "district" is  used  in  this  section  it  shall  be  construed  as  referring  to a fire district, fire protection  district or fire alarm district, or a town special district, or  a  town  improvement  district;  and  the  term  "governing body" as used in this  section shall be  construed  as  referring  to  all  boards,  bodies  or  persons, in which any of the governing powers of a district are vested.    2.  If  on  the  date  of incorporation of a village the limits of the  village are coterminous with the  limits  of,  or  wholly  include,  the  territory  of  a district, such district shall cease to exist at the end  of the fiscal year of such district next following the first day of June  following  the  first  day  of  January  next  succeeding  the  date  of  incorporation;  except as otherwise provided in this section, the powers  and duties of the governing body of the district and of all the officers  of the district in connection therewith shall then cease and  determine;  and any board of commissioners, any office of commissioner and any other  office of any such district shall also cease to exist at such time.    2-a. If the limits of a village incorporated prior to the first day of  April,  nineteen  hundred sixty-five are coterminous with the limits of,  or wholly include the territory of, a district, the board of trustees of  the village, by local law or  pursuant  to  the  provisions  of  article  seventeen-A of the general municipal law, may abolish any such district.  In addition to any other notice required in connection with the adoption  of  such local law generally, thirty days' written notice of the hearing  to be held in connection with such local  law  shall  be  given  to  the  governing  body  of any such district and to the town clerk. A certified  copy of any such local law shall  be  served  upon  or  mailed  to  such  governing  body  and  clerk  within  five  days  following  the adoption  thereof. Except as otherwise provided in this section,  the  powers  and  duties  of  the governing body of a district so abolished and of all the  officers of  the  district  in  connection  therewith  shall  cease  and  determine  upon  the  effective  date of such local law and any board of  commissioners, any office of commissioner and any other  office  of  any  such  district shall also cease to exist at such time. No such local law  shall become effective except on the last day of a fiscal  year  of  the  town or district, as the case may be.    3.  a.  The obligations and the contracts of a district which shall so  cease to exist and the obligations and  contracts  of  a  town  for  the  benefit  of  or  chargeable  to such a district shall not be impaired by  this section.    b. Notwithstanding the dissolution of  a  district  pursuant  to  this  section,    (1) an amount shall be levied and collected annually sufficient to pay  in  regular  course  the  principal  of  and  interest  on  all bonds or  obligations issued pursuant to the local finance law or otherwise by  or  on  behalf  of  such district which are outstanding and unpaid as of the  date of the dissolution of the district. Such annual levy and collection  shall continue until all such outstanding bonds and obligations are paid  in full.    (2) all levies, assessments, fees,  rates  or  other  charges  of  the  district  unpaid  as  of  the  date of dissolution and all penalties and  interest thereon shall be collected.    (3) all moneys collected under  subparagraph  two  of  this  paragraph  which  would be available for district purposes if the district were not  dissolved shall be applied to the payment  of  all  obligations  of  the  district,  other  than  those  described  in  subparagraph  one  of this  paragraph, which are due and payable at the time of the  dissolution  ofthe  district.  All  such  moneys so collected and not required for such  purpose shall be paid over to the village treasurer.    (4)  the  levies,  collections and payments described in subparagraphs  one, two and three of this paragraph shall be made in the same manner as  if the district had not been dissolved, except that for the purposes  of  this paragraph:    (a)  if  a  fire  district  is dissolved, the board of trustees of the  village shall constitute the board of fire commissioners of  the  former  fire district and    (b)  if a district other than a fire district is dissolved, the powers  of the governing body of the district shall be exercised  and  performed  by the town board of the town in which the district is located.    (5)  in lieu of the requirements set forth in subparagraph one of this  paragraph, the board of trustees by resolution,  subject  to  permissive  referendum, may provide that the village shall assume responsibility for  the  levy  and  collection,  as a general village charge, of all amounts  required to pay the bonds or  obligations  therein  described.  In  such  event  the  village  shall  annually pay an amount sufficient to pay the  principal and interest on such bonds or obligations as same  become  due  and  payable in regular course. In the case of bonds or obligations of a  district other than a fire district, such payment shall be made  to  the  supervisor  of the town in which the district is located. In the case of  fire district bonds or obligations, payment shall be  made  directly  to  the  holder  of  such  bonds or obligations. The board of trustees shall  give written notice of such resolution to the  town  board  before  same  shall  become  effective.  Nothing  herein  contained  shall prevent the  village from prepaying to the town for the  purpose  of  redeeming  such  bonds  or  obligations, other than those of a fire district, in whole or  in part provided the bonds or obligations permit such  part  payment  or  redemption.  Nothing  herein  contained  shall  prevent the village from  prepaying or redeeming such fire district bonds or obligations in  whole  or in part provided the bonds or obligations permit such part payment or  redemption.    c. All contracts of or on behalf of and chargeable to a district which  ceases  to  exist  hereunder,  including  all  amounts unpaid under such  contracts but excluding all amounts unpaid thereunder which were due and  payable at  the  time  of  dissolution  of  such  district,  other  than  obligations  incurred  pursuant  to the local finance law, shall, to the  extent they are the responsibility of or beneficial to such a  district,  be  assumed  by  the  village  and all expenditures under such contracts  shall be charged as provided in subdivision six  of  this  section.  The  terms  and  conditions  and  all rights of or on behalf of the district,  including any right of amendment or rescission of such  contract,  shall  inure to the benefit of the village.    4.  The  governing  body  of  a  district shall be responsible for the  payment of all obligations of the district other than those described in  subparagraph one of paragraph b of subdivision  three  of  this  section  which  are  due  and  payable  at  the  time  of  the dissolution of the  district. The governing body of a district shall be responsible for  the  payment of all obligations of the district described in subparagraph one  of paragraph b of subdivision three of this section.    5.  Upon  a  district  ceasing  to  exist hereunder, all property of a  district shall automatically become the property of the village and,  in  connection therewith, the governing body and any other officer or person  empowered  to  transfer title to or having the custody or control of any  moneys of such district, any moneys in  a  reserve  fund,  any  real  or  personal  property  of such district or used or applied for the purposes  of such district, any policies of insurance  for  the  benefit  of  suchdistrict,  any  documents,  instruments  and other muniments of title to  district property and of any official  books,  records  and  other  data  relating  to the operation and management of such district shall prepare  or cause to be prepared an inventory of all such property, shall certify  same, shall deliver same to the village clerk and shall:    a.  pay  over  to the village treasurer all such moneys except so much  thereof as was collected for the purpose  of  paying  principal  of  and  interest  on  bonds  or  other  obligations issued pursuant to the local  finance law or otherwise by or on behalf of  the  district  and  further  except  so  much of the balance of such moneys as may be required to pay  those obligations of the district described in subdivision four of  this  section. The village treasurer on receipt of such moneys, shall set same  aside  and  apply  them  pursuant to law to the purposes of the district  which ceases to exist hereunder so long  as  the  village  continues  to  provide  the service or function thereof and thereafter to be applied in  reduction of village taxes  levied  against  the  area  of  such  former  district;  provided,  however,  that so long as the village provides the  service or function of the former district any  moneys  held  by  or  on  behalf  of  a  district  in  a reserve fund subject to the provisions of  article two of the general municipal law or section fifty-five-a of  the  town law shall be held and administered by the village as a reserve fund  subject  to those provisions of article two of the general municipal law  pertaining to villages for the same or similar  purpose  for  which  any  such fund was established.    * d.  surrender  and  deliver all such insurance policies, books, such  real or personal property.    * NB (Should be b.)    c. assign such policies of insurance and its  interest  thereunder  to  the extent permitted therein to the village.    d.  surrender  and deliver all such insurance policies, books, records  and other data to the village clerk. Copies of official  books,  records  and other data relating to the operation and management of such district  and certified by the officer responsible for same shall be sufficient to  satisfy the requirements of this paragraph. No fees or expenses shall be  charged  for the making of such copies and same shall be entitled to the  same admissibility in evidence in a court proceeding  as  the  originals  thereof.    e.  surrender  and  deliver  all  other such personal property to such  village officer, employee, board or commission as the board of  trustees  of  the village shall designate The failure of the governing body or any  other officer  or  person  to  comply  with  the  requirements  of  this  subdivision shall in no way impair the automatic transfer to the village  of  the  right,  title  or  interest  of  the district of, in or to such  property.    6. Upon a district ceasing to exist hereunder and until such  time  as  the  village  may  discontinue  the  service  or  function  pursuant  to  subdivision seven of this section,  the  service  or  function  of  such  former  district shall become a village service or function and shall be  continued as, in the discretion of the board of trustees of the village,  may be needed in all territory which previously received  same  and  the  board of trustees shall have all the powers and duties granted by law to  village  officials  in connection with such service or function and such  additional powers formerly held by the governing body or any officer  of  the  district which may be necessary to continue the service or function  of the district, provided, however:    a. if the limits of a district which ceases  to  exist  hereunder  are  wholly  within but are not coterminous with those of the village and the  service or function formerly provided by such district is  not  extendedoutside the limits of the former district, all the costs and expenses of  such service or function may be chargeable only to the territory of such  former district.    b.  if  the  limits  of a district which ceases to exist hereunder are  wholly within but are not coterminous with those of the village and  the  service  or  function  formerly  provided  by  such district is extended  outside the limits of such former district, so much  of  all  costs  and  expenses  of  such  extension  of  service  or  function to such outside  territory as is represented by the payment of the principal and interest  on obligations incurred therefor by the village pursuant  to  the  local  finance  law  may  be  chargeable  to  and  collected  from such outside  territory; and all other costs and expenses of such service or  function  may  be  chargeable  only  to  that  part of the entire territory of the  village in which such service or function is provided. In any event  and  regardless  of  the territory to which such other costs and expenses may  be made chargeable, same shall be apportioned  and  collected  uniformly  and without discrimination within such territory.    c.  upon any fire district ceasing to exist hereunder, all fire, hose,  protective or hook and ladder companies and  all  authorized  squads  or  other  units  of such district, including the memberships thereof, shall  continue to exist and shall not be affected thereby except as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and  governed  by  all  the  provisions  of  this chapter regulating and  pertaining to any such company, squad or unit and the fire department of  the village.    d. upon the incorporation  of  a  village  all  existing  fire,  hose,  protective  or  hook and ladder companies and all other firemanic squads  or  units  independently  organized  and  incorporated  which  are   not  companies,  squads  or  units  of  any  fire  district  ceasing to exist  hereunder and the boundaries of which  companies,  squads  or  units  as  specified in their certificates of incorporation or charters or any laws  establishing  such  companies,  squads  or units are coterminous with or  wholly included within the limits of the  village  and  the  memberships  thereof shall continue to exist and shall not be affected thereby except  as follows:    (1)  the  members  of  all  such  companies,  squads  or  units  shall  constitute a corporation and the fire department of the village.    (2) all such companies, squads or units shall thereafter be subject to  and governed by all  the  provisions  of  this  chapter  regulating  and  pertaining to any such company, squad or unit and the fire department of  the village.    e.  all  officers  and employees of any district which ceases to exist  hereunder shall to the greatest extent practicable in the discretion  of  the  board  of trustees be continued in the same or similar positions as  village employees and, in  connection  therewith,  shall  have  all  the  rights  provided  by  the civil service law as if their former positions  with the district had originally been established by the village.    7. The board of trustees of the village at any time by local  law  may  discontinue the service or function of the former district in all or any  part of the village; provided, however, that any such local law shall be  subject  to  a  permissive  referendum  of  the  qualified voters in the  territory receiving the service or function at the time of the  adoption  of such local law and in which the service or function is proposed to be  discontinued. For the purpose of such referendum such territory shall be  considered as if it comprised the entire territory of the village.8.  This section shall not apply to any special assessment area or any  area of assessment for benefit the boundaries of which  are  coterminous  with  or  wholly  included  within  the limits of the village, which was  established only to pay the original cost of any special improvement  or  facility  or any addition thereto, benefitting such area. As to any such  area the assessments therein established shall continue to be levied and  collected as if the village had not been incorporated. However, any such  publicly owned improvement or facility shall become the property of  the  village  in  the  same  manner  as  provided in subdivision five of this  section for property of a district.    9. Any other special assessment area or any other area  of  assessment  for  benefit  the  boundaries  of  which  are coterminous with or wholly  included within the limits of  a  village,  shall  be  considered  as  a  district  subject  to the provisions of this section and chapter if same  was established not only  to  pay  the  original  cost  of  any  special  improvement  or facility, or any addition thereto, benefitting such area  but also to pay the  cost  of  the  operation,  maintenance,  repair  or  replacement thereof.