senate Bill S4359

Signed by Governor Amended

Authorizes 2 or more municipalities to agree to annex territory

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 31 / Mar / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 06 / Jun / 2011
    • 1ST REPORT CAL.989
  • 07 / Jun / 2011
    • 2ND REPORT CAL.
  • 13 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO LOCAL GOVERNMENTS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 21 / Mar / 2012
    • 1ST REPORT CAL.444
  • 22 / Mar / 2012
    • 2ND REPORT CAL.
  • 26 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 27 / Mar / 2012
    • PASSED SENATE
  • 27 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2012
    • REFERRED TO LOCAL GOVERNMENTS
  • 13 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 13 / Jun / 2012
    • RETURNED TO SENATE
  • 13 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2012
    • AMENDED ON THIRD READING 4359A
  • 19 / Jun / 2012
    • REPASSED SENATE
  • 19 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO LOCAL GOVERNMENTS
  • 20 / Jun / 2012
    • SUBSTITUTED FOR A5823A
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.442
  • 20 / Jun / 2012
    • PASSED ASSEMBLY
  • 20 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • SIGNED CHAP.190

Summary

Authorizes the governing boards of two or more municipalities which have mutually agreed to study the annexation of territory to, by joint resolution, propose the annexation of such territory, as an alternative to annexation solely by petition.

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Bill Details

Versions:
S4359
S4359A
Legislative Cycle:
2011-2012
Law Section:
General Municipal Law
Laws Affected:
Amd §§703, 704, 707, 711 & 713, add §703-a, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5430
2007-2008: S3231A

Sponsor Memo

BILL NUMBER:S4359

TITLE OF BILL:
An act
to amend the general municipal law, in relation to municipal annexation

PURPOSE:
To amend the general municipal law to allow the governing
bodies of two or more municipalities, as well as the residents or
property owners of a municipality to jointly initiate the municipal
annexation process, and to clarify that land use considerations are
included in the annexation process.

SUMMARY OF PROVISIONS:
Section 1 amends the heading of section 703 of
the general municipal law to clarify that the procedure described
therein is for a petition to initiate annexation by residents or
property owners of a municipality.

Section 2 adds a new section 703-a to the general municipal law to
set forth a procedure allowing the governing bodies of two or more
municipalities to initiate annexation by joint resolution. The
provision would not apply to territory within an agricultural
district or to land outside such district but eligible for an
agricultural assessment pursuant to article 25AA of the Agriculture
and Markets Law.

Sections 3, 5 and 6 of the bill amend provisions of Article 17 of the
general municipal law to state that the governing bodies of two or
more municipalities may initiate the annexation process by joint
resolution.

All the other provisions of Article 17 of the general municipal law
governing municipal annexation, including the holding of a special
election to determine voter approval of annexation, remain applicable.

Section 4 of the bill clarifies that in the annexation process, land
use considerations are also included, in addition to other real
property issues, as already provided for in the statute.

Section 7 establishes the effective date for this legislation.

JUSTIFICATION:
Currently, the general municipal law allows for the
residents or property owners of a municipality desiring annexation,
to initiate the annexation process. This bill extends that ability to
the governing bodies of municipalities, which represent residents and
property owners, and which may be in the best position to begin the
annexation process. Article 17 of the GML governing municipal
annexation requires that a general election be held to determine the
voters' desire for annexation. This legislation does not change that
procedure, but merely allows for the municipal annexation process to
begin with a joint resolution adopted by the governing bodies of the
municipalities. This smart growth measure would eliminate an existing
barrier in New York state for municipalities to consider annexation
as a method to enhance economic benefits and public services to both


annexed and annexing territories. In addition, the bill clarifies
that the annexation process includes land use considerations which
may apply to the property to be annexed, in addition
to real property matters such as bridges, highways, culverts and
pipes, currently included under the law.

LEGISLATIVE HISTORY:

2009-10: S.5430, Senate Local Government Committee; A.8241 Assembly
Local Governments Committee.
2007-08: S.3231-A, Passed Senate; A.3940-A, Assembly Local Governments
Committee.
2005-06: S.2748, Passed Senate; A.5632, Assembly Local Governments
Committee.
2003-04: S.2782, Passed Senate; A.6597, Assembly Local Governments
Committee.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
It is expected that this legislation will
provide an economic benefit to the municipalities and citizens of the
state.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4359

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  municipal
  annexation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading of section 703 of the general municipal
law, as added by chapter 844 of the laws of 1963, is amended to read  as
follows:
  Petition  [for annexation] BY RESIDENTS OR PROPERTY OWNERS TO INITIATE
ANNEXATION OF TERRITORY.
  S 2. The general municipal law is amended  by  adding  a  new  section
703-a to read as follows:
  S  703-A. RESOLUTION BY GOVERNING BOARDS OF MUNICIPALITIES TO INITIATE
ANNEXATION OF TERRITORY.    EXCEPT  FOR  TERRITORY  IN  AN  AGRICULTURAL
DISTRICT,  OR  OUTSIDE OF SUCH DISTRICT BUT ELIGIBLE FOR AN AGRICULTURAL
ASSESSMENT, PURSUANT TO ARTICLE TWENTY-FIVE-AA OF  THE  AGRICULTURE  AND
MARKETS  LAW,  THE  GOVERNING BOARDS OF TWO OR MORE MUNICIPALITIES WHICH
HAVE MUTUALLY AGREED TO STUDY THE ANNEXATION OF TERRITORY, MAY, BY JOINT
RESOLUTION, PROPOSE THE ANNEXATION OF SUCH TERRITORY,  PURSUANT  TO  THE
PROVISIONS OF THIS ARTICLE.
  S  3.  The  section  heading  and  subdivision 1 of section 704 of the
general municipal law, as added by chapter 844 of the laws of 1963,  are
amended to read as follows:
  Notice  of  hearing  on petition [for] OR JOINT RESOLUTION TO INITIATE
annexation OF TERRITORY.  1. [Within twenty days after  the  receipt  of
such  petition]  IN  THE  EVENT  IT  IS PROPOSED TO ANNEX TERRITORY, the
governing board or boards of the  local  government  or  governments  to
which  it is proposed to annex such territory and the governing board or
boards of the affected local government or  governments  in  which  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09868-01-1

S. 4359                             2

territory is situated shall, WITHIN TWENTY DAYS AFTER RECEIPT OF A PETI-
TION  OR  ADOPTION OF A JOINT RESOLUTION TO INITIATE ANNEXATION, respec-
tively cause a notice to be published once  in  its  or  their  official
newspapers,  or,  if  there  be  no  official  newspaper, in a newspaper
published in the county and having general circulation within  the  area
of such local government or governments, as the case may be. The govern-
ing  board  of each affected local government in which such territory is
situated also shall cause a copy of such notice to  be  mailed  to  each
person or corporation owning real property in such territory as shown by
the  last  preceding assessment roll and to all persons residing in such
territory qualified to vote for officers of the city, town  or  village,
as  the  case may be, in which such territory is situated as their names
appear upon the register  of  voters  for  the  last  preceding  general
election.  Where the territory to be annexed is situated wholly or part-
ly within a village, the governing board of such village and the govern-
ing board of a town or towns in which such territory is wholly or partly
situated  may  provide by agreement for joint publication and mailing of
such notice. Failure to mail such notice or failure of any addressee  to
receive  the  same  shall  not  in any manner affect the validity of the
petition  OR  JOINT  RESOLUTION  TO  INITIATE  ANNEXATION  or   of   any
proceedings  taken  thereon. Such notice shall state that a petition for
the annexation of territory OR A JOINT RESOLUTION TO INITIATE ANNEXATION
OF TERRITORY to the local government or governments (naming it  or  them
and briefly describing the territory proposed to be annexed thereto) has
been [received] PROPOSED, that at a specified place in one of such local
governments  on  a specified day not less than twenty days nor more than
forty days after the publication and mailing of such notice, which place
and date shall be specified therein, a joint hearing will  be  had  upon
such petition OR JOINT RESOLUTION TO INITIATE ANNEXATION by such govern-
ing  boards.  Each  of  such governing boards shall cause a copy of such
notice to be mailed not less than ten days prior to  the  date  of  such
joint  hearing to the school authorities of any school district in which
all or part of the territory proposed to be  annexed  is  situated  and,
where it is proposed to annex territory to a city, to the school author-
ities  of any school district (a) adjoining the territory proposed to be
annexed and (b) located wholly or partly within such city.
  S 4. Section 707 of the general municipal law, as added by chapter 844
of the laws of 1963, is amended to read as follows:
  S 707. Disposition of property in area proposed to  be  annexed.    1.
Except  as  may  be  provided  in  an agreement among the affected local
governments, as authorized by subdivision two of this section concerning
the retention, division, REGULATION or other  disposition  of  real  and
personal  property  and  rights  in  real  and  personal property of any
affected local government or governments or any special  or  improvement
district  in  the territory proposed to be annexed, all real or personal
property and rights in real and personal property,  including,  but  not
limited  to, LAND USE, streets, avenues, roads, highways, bridges, over-
passes, underpasses, culverts, sidewalks, street lighting fixtures,  and
conduits,  pipes,  drains, either above or below the ground surface, and
appurtenances and appurtenant rights in relation thereto, owned  by  any
of such local governments (other than the one to which such territory is
annexed) shall become the property of the county, city, village, or town
(where  the  territory  is  not  annexed to a village or villages in the
town), to which such territory is annexed as of the date of such annexa-
tion, but the ownership of any real and personal property or  rights  in

S. 4359                             3

real  and  personal property of, or acquired for, special or improvement
districts in such territory shall remain unaffected.
  2.  At  any  time prior to their determinations as provided by section
seven hundred eleven of  this  article,  the  governing  boards  of  the
affected  local  governments, or their designated representatives, shall
have power to agree on the retention, division, LAND USE or other dispo-
sition, either with or without consideration, of real or personal  prop-
erty  and rights in real or personal property of any such affected local
government or of any special  or  improvement  districts  in  which  the
territory  proposed  to be annexed is situated. Any such agreement shall
be in writing and shall be executed by such governing boards,  or  their
designated  representatives,  covering  the  matters  agreed  upon. Such
agreement may provide for the execution  of  any  deeds  or  instruments
affecting the retention, division, LAND USE or other disposition of such
property, either with or without consideration. Any such agreement shall
be  followed  in  the  local law to be adopted pursuant to section seven
hundred fourteen of this article.
  S 5. Subdivisions 1 and 2 of section 711 of the general municipal law,
as added by chapter 844 of the laws of 1963,  are  amended  to  read  as
follows:
  1. Within ninety days after the hearing held pursuant to section seven
hundred  five  OF THIS ARTICLE is concluded, the governing board of each
affected local government shall determine by  a  majority  vote  of  its
total voting strength whether the petition OR JOINT RESOLUTION TO INITI-
ATE ANNEXATION complies with the provisions of this article and whether,
on the basis of considerations including but not limited to those relat-
ing  to  the  effects upon (a) the territory proposed to be annexed, (b)
the local government or governments to which the territory  is  proposed
to be annexed, (c) the remaining area of the local government or govern-
ments  in  which  the territory is situated and (d) any school district,
fire district or other district corporation, public benefit corporation,
fire protection district, fire alarm district or town or county improve-
ment district, situated wholly or partly in such territory, it is in the
over-all public interest to approve such proposed annexation.
  2. a. At such time, each such governing board shall adopt a resolution
which shall include findings with respect to compliance of the  petition
OR  JOINT RESOLUTION TO INITIATE ANNEXATION, with the provisions of this
article and with respect to the effect of such  proposed  annexation  on
the over-all public interest. In the case of a governing board which has
executed  any  agreement  described  in subdivision two of section seven
hundred seven or subdivision two of section seven hundred eight of  this
article  relating to the assumption of indebtedness or other liabilities
or the disposition of property rights in the event  of  annexation,  its
findings  with  respect to the effect of such annexation on the over-all
public interest shall be based on and include the terms  and  conditions
of  such  agreement  to  the  extent  applicable.  Where no agreement as
described herein governs the assumption of indebtedness or other liabil-
ities or the disposition of property, such findings shall  be  based  on
and   include  provisions  concerning  such  assumption  or  disposition
prescribed in subdivision one of section seven hundred seven or subdivi-
sion one of section seven hundred eight of this article, as the case may
be.
  b. Each such board shall thereupon  make  and  sign  a  written  order
accordingly  containing  its  determination  and  file  copies  thereof,
together with copies of the agreement, if any,  the  petition  OR  JOINT
RESOLUTION  TO  INITIATE ANNEXATION, the notice, the written objections,

S. 4359                             4

if any, and testimony and minutes of proceedings taken and kept  on  the
hearing,  in the offices of the clerks of all the affected local govern-
ments. In the event that  the  governing  board  of  an  affected  local
government  does  not make, sign and file a written order as required by
this section, such governing board shall be deemed to have approved  the
proposed  annexation  as  of  the  expiration  of  the ninety-day period
provided in subdivision one [hereof] OF THIS SECTION.
  S 6. Subdivision 2 of section 713 of the  general  municipal  law,  as
added by chapter 844 of the laws of 1963, is amended to read as follows:
  2.  If  such  proposition  is  approved by a majority of the qualified
persons voting thereon, the petition OR JOINT RESOLUTION, together  with
a  certificate of election which shall set forth or have annexed thereto
a description of the territory to be annexed, shall, within twenty  days
after  such  election  be  filed by the governing board or boards of the
city, town or village, as the case may be, in the office of the clerk of
such local government or governments and in the office of the  clerk  or
clerks of the local government or governments to which such territory is
to be annexed.
  S 7. This act shall take effect immediately.

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