S T A T E   O F   N E W   Y O R K
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                                  8241

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2009
                               ___________

Introduced  by  M. of A. KOON, LIFTON, BACALLES, ENGLEBRIGHT, GUNTHER --
  read once and referred to the Committee on Local Governments

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
territory is situated shall, WITHIN TWENTY DAYS AFTER RECEIPT OF A PETI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02276-01-9
              

A. 8241                             2

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
real and personal property of, or acquired for, special  or  improvement
districts in such territory shall remain unaffected.

A. 8241                             3

  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,
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-

A. 8241                             4

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.