NY State Senate Bill 2009-S5430

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
May 04, 2009	referred to local government

co-Sponsors

2009-S5430 (ACTIVE) - Details

See Assembly Version of this Bill:: A8241
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §§703, 704, 707, 711 & 713, add §703-a, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: S4359, A5823

2009-S5430 (ACTIVE) - 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.

2009-S5430 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5430                REVISED 05/30/09

 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 territory 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 of the bill 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
territory within 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 of a territory 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 for a
territory 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 of a territory, 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 territory desiring annexation, to initiate the
annexation process. This bill extends that ability to the governing
bodies of municipalities, which represent residents and property
owners, to begin the annexation process.

Article 17 of the GML governing municipal annexation requires that a
general election by persons residing in the territory proposed to be
annexed shall be held to determine the voters' desire for annexation.
This legislation does not change that procedure, but merely allows for
the municipal annexation process of a territory to begin with a joint
resolution adopted by the governing bodies of the municipalities.

There are instances when adjoining municipalities may seek to obtain a
new industry within the area in which such municipalities are located.
One municipality may have the facilities such as water supply and
sewerage disposal while the other municipality has the parcel of land
necessary for the needs of the industry. Bringing new industry to the
area and the state would provide jobs for the residents of both
municipalities, provide increased sales tax revenue for the
municipalities in the county and area and provide revenue for the
state via the state income tax and sales tax.  Once the industry

operates in the area, other jobs could be created such as for
restaurant workers, auto repair workers and other service sector jobs.

However, the concept of attracting an industry in competition with
other municipalities and states may be dependent upon having a site
immediately available upon which construction can take place. If a
site of appropriate size is in one municipality and an adjacent
municipality has constructed, at great expense, the entire
infrastructure necessary for the industry, responsible officials of
both municipalities, by working in concert, could provide an
industrial site.

This bill provides a means by which the expensive burden placed on the
individual land owner to initiate the annexation can be undertaken in
concert, by the municipalities most directly impacted with the
residents in the territory still having the right to vote on the
annexation. Without the approval of a majority of the inhabitants of
the area to be annexed, no such annexation can take place.

The bill also 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. The bill, as a smart
growth measure, would eliminate an existing barrier in New York state
for municipalities to consider annexation of a territory as a method
to enhance economic benefits and public services to both annexed and
annexing territories.

 LEGISLATIVE HISTORY :
2003-2004: A.6597/S.2782
2005-2006: A.5632/S.2748
2007-2008: A.3940A/S.3231A

 FISCAL IMPLICATIONS :
None.

 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.

2009-S5430 (ACTIVE) - Bill Text download pdf

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

                                  5430

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced by Sens. AUBERTINE, STACHOWSKI, VALESKY, WINNER, 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

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

S. 5430                             2

boards  of  the  affected  local government or governments in which such
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. 5430                             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. 5430                             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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Senate Bill S5430

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2009-S5430 (ACTIVE) - Details

2009-S5430 (ACTIVE) - Summary

2009-S5430 (ACTIVE) - Sponsor Memo

2009-S5430 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5430

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Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

William T. Stachowski

David J. Valesky

George Winner

Catharine Young

2009-S5430 (ACTIVE) - Details

2009-S5430 (ACTIVE) - Summary

2009-S5430 (ACTIVE) - Sponsor Memo

2009-S5430 (ACTIVE) - Bill Text download pdf

Comments