Senate Bill S5661

Signed By Governor

2009-2010 Legislative Session

Enacts the NY government reorganization and citizen empowerment act; repealer

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Archive: Last Bill Status Via A8501 - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2009	signed chap.74
Jun 12, 2009	delivered to governor
Jun 03, 2009	returned to assembly passed senate motion to amend lost motion to amend lost 3rd reading cal.472 substituted for s5661
Jun 03, 2009	substituted by a8501
Jun 02, 2009	advanced to third reading
Jun 01, 2009	2nd report cal.
May 27, 2009	1st report cal.472
May 26, 2009	referred to local government

Votes

- Jun 3, 2009 - Floor Vote
  A8501
  
  Aye
  
  46
  
  Nay
  
  16
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 3, 2009
      
      aye (46)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Flanagan
      
      Foley
      
      Golden
      
      Griffo
      
      Hassell-Thompson
      
      Huntley
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Libous
      
      Little
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (16)
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Johnson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young

co-Sponsors

View additional co-sponsors

2009-S5661 (ACTIVE) - Details

See Assembly Version of this Bill:: A8501
Law Section:: General Municipal Law
Laws Affected:: Add Art 17-A Titles 1 - 4 §§750 - 793, Gen Mun L; amd §33-a, Munic Home Rule L; rpld §57 sub 2, §81 sub 1 ¶(e), amd §§57, 174, 176, 189-e, 195, 202-c & 208-b, rpld §208-b sub 2, Town L; amd §§2-254 & 9-912, rpld §9-912 sub 2 ¶(c), sub 3, Vil L; rpld Art 5-B §§172, 172-b, 172-d, 185, 189-c, 206, 206-a & 209-r, Town L; rpld §§18-1806 - 18-1818, Vil L; amd §§2.00 & 24.00, Loc Fin L; amd §209-q, Town L

2009-S5661 (ACTIVE) - Summary

Enacts the NY government reorganization and citizen empowerment act: relates to the requirements for consolidation or dissolution of certain local government entities.

2009-S5661 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5661               REVISED 5/29/09

 TITLE OF BILL :  An act to amend the general municipal law, the
municipal home rule law, the town law, the village law and the local
finance law, in relation to the requirements for consolidating or
dissolving certain local government entities, and to repeal certain
provisions of the town law and the village law relating thereto

 PURPOSE :  This bill - entitled "The New N.Y. Government
Reorganization and Citizen Empowerment Act" (hereinafter referred to
as "the Act") - empowers citizens, local: officials and counties to
reorganize outdated and inefficient local governments.  Act
establishes uniform and user-friendly procedures for local government
entities to consolidate or dissolve. Through the use of these
procedures, in appropriate cases, local governments can enhance the
delivery of services, achieve savings and reduce local real property
taxes and other taxes and fees.

 SUMMARY OF PROVISIONS :; Section 1 of the Act sets forth the bill's
short title: "The New N.Y.; Government Reorganization and Citizen
Empowerment Act".

Section 2 adds a new article 17-A of the General Municipal Law,
consisting of the following four titles:

* Title I (§ 750) sets forth definitions;

* Title II (§§ 751-772) sets forth rules and procedures for the ?,
consolidation of local government entities;

* Title III (§§ 773-790) sets forth rules and procedures for the
dissolution of local government entities; and

* Title IV (§§ 791-793) sets forth certain miscellaneous provisions.

Section 3 amends Municipal Home Rules Law § 33-a, by authorizing
counties, to abolish units of local government, subject to a
county-wide referendum with special majority requirements.

Sections 4 through 17 amend and repeal various provisions of existing
law.

Section 18 sets forth a savings clause pursuant to which the
provisions of the Act should not be construed to impair pending
consolidation or dissolution proceeding commenced under existing law
prior to the Act's effective date.

Section 19 provides the effective date of the Act.

 JUSTIFICATION :  New York State has more than 10,521 local
governmental entities, which include towns, villages and different
types of districts. These entities impose on the citizenry layer upon
layer of overlapping taxing structures. As a result, New York's
current system of local government is too expensive, confusing,
inefficient and susceptible to waste, fraud and abuse.

Illustrative of the dysfunction in the current system of local
government is the more than 6,900 town special districts operating in
New York. State law now,' authorizes towns to establish special
districts for an ever increasing number o' functions, including such
arcane functions as aquatic plant growth control (Town Law, §§ 190,
198(10-e)), disposal of duck waste (Town Law § 198-a), and fallout
shelters, (Town Law §§ 190, 198 (10-c)). To be sure, some special
purpose government entities play a crucial role in town governance, by
providing services to geographic areas that other governments might
not serve, managing critical public services, and bringing attention
to specific discrete problems. Over the years, however, special
districts have proliferated at an alarming rate, increasing the cost
of local government.

Indeed, the astounding number of local governments in New York has
contributed to the rise of local real property taxes. Throughout the
State there are,', large pockets of overlapping taxing entities. Erie
County alone has 1,044 such entities, including 3 cities, 25 towns, 15
villages, 32 fire districts and 939 special districts, Likewise,
Nassau and Suffolk Counties combined have over 340 special districts.
In Hamilton County, there exists one layer of government for every 132
people. Such examples can easily be multiplied.

For over 75 years, academics, commissions, government officials, .go
government groups and informed citizens have recognized the inherent
dysfunction in, New York's local government system. In 1935, for
example, the New York State Commission for the Revision of the Tax
Laws, commonly referred to as the Mastick Commission, noted that there
were "too many units of (local) government," resulting in the
"duplication of functions, overlapping areas, overlapping authority
and overlapping debt." Sixth Report of the New York State Commission
for the Revision of the Tax Laws, at 15-16 (1935). The Mastick
Commission criticized the State's if local government system as
violative of the "'first principles' of political science "taught in
our high schools, colleges and universities", and "so contrary to
elementary principles of human organization that it is difficult if
not impossible for the, administration of public affairs to be carried
on with efficiency." Id.

Sixty years later, a study prepared by the 1995 Temporary State
Commission, on Constitutional Revision revealed that the problem had
only grown in dimension:

New York's forms of general purpose government - counties, cities,
towns, and villages - were devised in the eighteenth century and
developed in the nineteenth. But they have not been modified in the
twentieth century, despite enormous changes in population size and
diversity, economic activity, transportation systems, settlement
patterns and communications technology. Instead, the state has .
added frequently but streamlined rarely, Localities kept their forms,
but their functions converged. Where necessary, single-function,
special districts and authorities were created to augment existing
entities, increasing layering and complexity. The result is not a
system, but a maze of overlapping and often competing jurisdictions.

Effective Government Now for the New Century: The Final Report of the
Temporary State Commission on Constitutional Revision, at 15 (1995).

Study after study has demonstrated that the reorganization of local
government entities - through consolidation and dissolution holds the
potential for minimizing bureaucracy and thus maximizing efficiency
and savings.{1} Nevertheless; despite a virtual consensus that the
State's local government system needs to be fixed consolidations and
dissolutions of local government entities rarely occur.

Multiple impediments stand in the way of local government
reorganization, but existing law is one which looms large. The
applicable statutes are randomly scattered throughout the Town Law,
Village Law, General Municipal Law and, Municipal Home Rule Law,
creating an incomprehensible maze for lawyers and laypersons alike.
For different types of local government entities there are different
consolidation and dissolution rules and procedures, many of which are
inconsistent and nonsensical. Some rules are anachronistic, harkening
back to a bygone era. For, example, a citizen must own taxable
property within a water district in order to sign petition or vote in
a special town election on a proposition to consolidate the district
with another one. See, e.g., Town Law § 206(7). Such pecuniary and
propertied qualifications should have no place in contemporary
society. A person's wealth is irrelevant to their ability to
participate intelligently in the electoral process.

Additionally, citizen petition requirements related to consolidations
dissolutions, to the limited extent they exist under current law, are
complex, confusing and difficult to meet. In some cases, citizens
cannot even require their elected representatives to consider as an
option the consolidation or dissolution of a local government entity.
Such voter powerlessness places New York out of step with numerous
other states that grant their citizens the right to readily initiate
local government reorganizations.

The Act dramatically reforms existing law. It repeals, amends and
supersedes. outdated statutes and establishes in a single article of
the General Municipal LAW: uniform and all-inclusive procedures under
which local government entities{2} may be consolidated or dissolved.
Notably, the Act does not mandate the reorganization of local
government entities. The bill will, however, facilitate consolidations
and, dissolutions throughout the State, by giving citizens, local
officials and counties .a readable roadmap to follow.

Under the Act, the consolidation or dissolution of local government
entities may be initiated in one of two ways:

* by the entities' governing body, or

* initiative petition of electors residing in the entities.

The governing body initiated process is triggered by a governing body
or bodies developing and approving a proposed written plan for
consolidation or. dissolution, followed by the plan's publication and
public hearings aimed at, maximizing citizen participation.
Consolidation of local government entities other than towns or
villages goes into effect after the governing body or bodies give
final approval to the plan. However, consolidation of towns and/or
villages cannot go effect unless a majority of the electors who vote
in a referendum held in each such entity to be consolidated vote in
favor of consolidation. Likewise, the dissolution village cannot take
effect unless a majority of the electors who vote at a referendum held
in the village vote in favor of dissolution.

The citizen-initiated process is triggered by the filing of a petition
containing the signatures of at least 10% of the electors or 5,000
electors, whichever is less, in each local government entity to be
consolidated or dissolved. (For an entity with 500 or fewer electors
the petition shall contain the signatures of at least 20% of the
electors.) The Act strikes from existing law all pecuniary or
propertied qualifications for signing the petition, The filing of the
petition requires a referendum to be held in each entity to be
consolidated or dissolved. If a majority of the electors who vote in
each of the entities to be consolidated vote in favor of
consolidation, the entities' governing body or bodies must meet and
develop a proposed written elector-initiated consolidation plan to
implement the voters' decision, followed by the plan's publication and
public hearings. Likewise, in a dissolution proceeding, if a majority.
of the electors who vote in the entity to be dissolved vote in favor
of dissolution, the entity's governing body must meet and develop a
proposed written elector-initiated dissolution plan to implement the
voters' decision, followed by the plan's publication and public
hearings. In both consolidation and dissolution proceedings, the
governing body or bodies must ultimately approve a final version of
the elector-initiated consolidation or dissolution plan, which plan
shall become effective on the data, specified in it.

However, citizens may, within 45-days after an elector-initiated
plan's final approval, petition for a permissive referendum on the
question whether the elector-initiated plan should take effect.  To
compel such a referendum, the petition must contain the signatures of
at least 25% of the electors or 15,000 electors, whichever is less, in
each local government entity to be consolidated or dissolved. If such
a petition is properly filed and contains a sufficient number of
signatures, the elector- initiated plan may not take effect unless a
majority of the electors who vote in a referendum in the entity to
which the petition applies vote in favor of consolidation or
dissolution, as the case may be.

The Act anticipates the possibility that the governing body or bodies
of local' government entities are either unable or unwilling to comply
with the requirements; imposed on them during the course of a
citizen-initiated consolidation or dissolution In such circumstances,
the Act authorizes the commencement of a court proceeding which may,
if necessary, result in an order compelling consolidation or
dissolution, thereby ensuring the people's will is carried out.

Also, the Act lays out various rules and procedures regarding
transition issues  raised by the dissolution or consolidation of local
government entities. Among the issues addressed are the election and
appointment of officials; the effect of transition on employees,
existing laws, and actions and procedures; debts, liabilities arid':,
obligations; the registration of electors; the disposition of records,
books and papers, and the winding down of the affairs of a dissolved
entity.

Finally, the Act facilitates the ability of counties to exercise the
authority, vested in them by the State Constitution to reorganize
local governments. N .Y. Const. Art, 9, § 111(1) confers upon counties
the authority to transfer or abolish units of local government,
subject to multiple referenda requirements. In 1970, however, the
Legislature did not fully implement the counties' constitutional
authority when it enacted Municipal Home Rule Law § 33-a(l). That
statute presently limits counties to abolishing only "offices,
departments and agencies" of local governments, as opposed to the
governments themselves. Further, existing law conditions abolition on
the county transferring all of the functions and duties of the
offices, departments and agencies to other units of government. The
Act remedies this curtailment of counties authority, by amending
Municipal Home Rule Law § 33-a(l) to authorize counties to abolish
entire units of local government - including cities, towns, villages
and: special districts - when the level and quality, of ongoing
services are transferred. With these changes to existing law, a county
may, in appropriate cases, effect dissolutions, mergers and
consolidations of whole units of government, subject to the approval
by the voters of the county in a referendum.

 FISCAL IMPLICATIONS :  By facilitating the dissolution and
consolidation of layers of bureaucracy duplicate services and drive up
costs, the Act will provide savings and reduce real property taxes and
other taxes and fees.  Additionally, when local governments, citizens
and/or counties begin to utilize the consolidation and dissolution
procedures established by the Act, there will be overall long term
savings to the State.

 EFFECTIVE DATE :  This bill will take effect two hundred and seventy
days after it is enacted.
{1} See generally, New York State Commission on Local Government
Efficiency & Competitiveness, 21 Century Local Government (April
2008); Nassau County Office of the Comptroller, Cost-Savings Ideas for
Special Districts in Nassau County (Dec. 13, 2006); Report of the
Governor's Blue Ribbon Commission on Consolidation' ", of Local
Government (Oct. 1993); The Nelson A. Rockefeller Institute of
Government, Report on the Local Government Restructuring Project
(1992).
{2} The phrase "local government entity", as used in the new article
17-A of the General Municipal Law established by the Act, is defined
as "a town, village, district, special improvement district or other
improvement district, including, but not limited to, special districts
created pursuant to articles 11, 12, 12-A or 13 of the town law,
library districts, and other districts created by law; provided,
however, that a local government entity shall not include school
districts, city districts or special purpose districts created by
counties under county law."

2009-S5661 (ACTIVE) - Bill Text download pdf

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

                                  5661

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 26, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, LITTLE, BONACIC, DeFRANCISCO, ESPA-
  DA,  FOLEY,  HASSELL-THOMPSON,  KLEIN,  KRUEGER, McDONALD, MONTGOMERY,
  PADAVAN, PERKINS, SAMPSON, STACHOWSKI, VALESKY -- (at request  of  the
  Attorney  General) -- 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, the municipal home rule  law,
  the  town  law, the village law and the local finance law, in relation
  to the requirements for  consolidating  or  dissolving  certain  local
  government  entities, and to repeal certain provisions of the town law
  and the village law relating thereto

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

  Section 1. Short Title. The act shall be known and may be cited as the
"New N.Y.  Government Reorganization and Citizen Empowerment Act".
  S 2. The general municipal law is amended by adding a new article 17-A
to read as follows:
                              ARTICLE 17-A
            CONSOLIDATION AND DISSOLUTION OF LOCAL GOVERNMENT

TITLE 1. DEFINITIONS (S 750)
      2. CONSOLIDATION OF LOCAL GOVERNMENT ENTITIES (SS 751-772)
      3. DISSOLUTION OF LOCAL GOVERNMENT ENTITIES (SS 773-790)
      4. MISCELLANEOUS PROVISIONS (SS 791-793)
                                 TITLE 1
                               DEFINITIONS
SECTION 750. DEFINITIONS.
  S  750.  DEFINITIONS.    AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COMPONENT LOCAL GOVERNMENT ENTITY" SHALL MEAN A  LOCAL  GOVERNMENT
ENTITY  THAT,  AS  A  RESULT OF SUCCESSFUL CONSOLIDATION PROCEEDINGS, IS
COMBINED INTO A CONSOLIDATED LOCAL GOVERNMENT ENTITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11984-04-9

S. 5661                             2

  2. "CONSOLIDATION" SHALL MEAN EITHER (A) THE  COMBINATION  OF  TWO  OR
MORE  LOCAL  GOVERNMENT  ENTITIES  RESULTING  IN  THE TERMINATION OF THE
EXISTENCE OF EACH OF THE ENTITIES TO BE CONSOLIDATED AND THE CREATION OF
A NEW ENTITY WHICH ASSUMES JURISDICTION OVER ALL OF THE TERMINATED ENTI-
TIES,  OR  (B)  THE COMBINATION OF TWO OR MORE LOCAL GOVERNMENT ENTITIES
RESULTING IN THE TERMINATION OF THE EXISTENCE OF  ALL  BUT  ONE  OF  THE
ENTITIES WHICH SHALL ABSORB THE TERMINATED ENTITY OR ENTITIES.
  3.  "CONSOLIDATED  LOCAL GOVERNMENT ENTITY" SHALL MEAN A LOCAL GOVERN-
MENT  ENTITY  RESULTING  FROM   SUCCESSFUL   CONSOLIDATION   PROCEEDINGS
CONDUCTED PURSUANT TO THIS ARTICLE.
  4.  "CONTIGUOUS"  SHALL MEAN WHEN A PORTION OF A TOWN OR VILLAGE ABUTS
THE BOUNDARY OF ANOTHER TOWN OR VILLAGE, INCLUDING  A  TOWN  OR  VILLAGE
SEPARATED  FROM  THE  EXACT  BOUNDARY  OF  ANOTHER  TOWN OR VILLAGE BY A
STREET, ROAD, RAILROAD, HIGHWAY, RIVER OR OTHER  NATURAL  OR  ARTIFICIAL
STREAM OR BODY OF WATER.
  5.  "DISSOLUTION"  SHALL  MEAN  THE  TERMINATION OF THE EXISTENCE OF A
LOCAL GOVERNMENT ENTITY.
  6. "DISSOLUTION PLAN" SHALL MEAN  A  WRITTEN  DOCUMENT  THAT  CONTAINS
TERMS  AND  INFORMATION  REGARDING THE DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY AND THAT HAS BEEN FINALIZED AND APPROVED BY SUCH ENTITY'S GOVERN-
ING BODY PURSUANT TO THIS ARTICLE.
  7. "ELECTOR" SHALL MEAN A REGISTERED VOTER OF THIS STATE REGISTERED TO
VOTE IN THE LOCAL GOVERNMENT ENTITY SUBJECT TO CONSOLIDATION OR  DISSOL-
UTION PROCEEDINGS CONDUCTED PURSUANT TO THIS ARTICLE.
  8.  "ELECTOR  INITIATED CONSOLIDATION PLAN" SHALL MEAN A WRITTEN DOCU-
MENT THAT CONTAINS TERMS AND INFORMATION REGARDING THE CONSOLIDATION  OF
TWO OR MORE LOCAL GOVERNMENT ENTITIES, A MAJORITY OF WHOSE ELECTORS HAVE
VOTED  TO  CONSOLIDATE,  AND THAT HAS BEEN FINALIZED AND APPROVED BY THE
GOVERNING BODY OR BODIES OF SUCH ENTITIES OR A JUDICIAL HEARING  OFFICER
PURSUANT TO THIS ARTICLE.
  9.  "ELECTOR INITIATED DISSOLUTION PLAN" SHALL MEAN A WRITTEN DOCUMENT
THAT CONTAINS TERMS AND INFORMATION REGARDING THE DISSOLUTION OF A LOCAL
GOVERNMENT ENTITY, A MAJORITY OF WHOSE ELECTORS HAVE VOTED TO  DISSOLVE,
THAT  HAS BEEN FINALIZED AND APPROVED BY SUCH ENTITY'S GOVERNING BODY OR
A JUDICIAL HEARING OFFICER PURSUANT TO THIS ARTICLE.
  10. "GOVERNING BODY" SHALL MEAN THE BODY IN WHICH THE GENERAL LEGISLA-
TIVE, GOVERNMENTAL AND/OR PUBLIC POWERS OF A LOCAL GOVERNMENT ENTITY ARE
VESTED AND BY AUTHORITY OF WHICH THE OFFICIAL BUSINESS OF SUCH ENTITY IS
CONDUCTED.
  11. "INITIATIVE" SHALL MEAN THE FILING OF THE  PETITION  CONTAINING  A
PROPOSAL FOR A REFERENDUM TO BE PLACED ON THE BALLOT FOR AN ELECTION.
  12. "JOINT CONSOLIDATION AGREEMENT" SHALL MEAN A WRITTEN DOCUMENT THAT
CONTAINS  TERMS  AND  INFORMATION  REGARDING THE CONSOLIDATION OF TWO OR
MORE LOCAL GOVERNMENT ENTITIES AND THAT HAS BEEN FINALIZED AND  APPROVED
BY  THE GOVERNING BODY OR BODIES OF SUCH ENTITIES PURSUANT TO THIS ARTI-
CLE.
  13. "LOCAL GOVERNMENT ENTITY" OR "ENTITY" SHALL MEAN A TOWN,  VILLAGE,
DISTRICT,  SPECIAL  IMPROVEMENT  DISTRICT OR OTHER IMPROVEMENT DISTRICT,
INCLUDING, BUT NOT LIMITED TO, SPECIAL  DISTRICTS  CREATED  PURSUANT  TO
ARTICLES  ELEVEN,  TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN LAW, LIBRARY
DISTRICTS, AND OTHER DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A
LOCAL  GOVERNMENT  ENTITY  SHALL  NOT  INCLUDE  SCHOOL  DISTRICTS,  CITY
DISTRICTS  OR SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY
LAW.
  14. "PROPOSED DISSOLUTION PLAN" SHALL MEAN  A  WRITTEN  DOCUMENT  THAT
CONTAINS  TERMS  AND  INFORMATION  REGARDING  THE DISSOLUTION OF A LOCAL

S. 5661                             3

GOVERNMENT ENTITY, AND THAT HAS BEEN PROPOSED, BUT NOT YET FINALIZED AND
APPROVED, BY SUCH ENTITY'S GOVERNING BODY PURSUANT TO THIS ARTICLE.
  15. "PROPOSED ELECTOR INITIATED CONSOLIDATION PLAN" SHALL MEAN A WRIT-
TEN  DOCUMENT  THAT CONTAINS TERMS AND INFORMATION REGARDING THE CONSOL-
IDATION OF TWO OR MORE LOCAL GOVERNMENT ENTITIES, A  MAJORITY  OF  WHOSE
RESPECTIVE  ELECTORS  HAVE  VOTED TO CONSOLIDATE SUCH ENTITIES, THAT HAS
BEEN PROPOSED, BUT NOT YET FINALIZED AND APPROVED, BY THE GOVERNING BODY
OR BODIES OF SUCH ENTITIES PURSUANT TO THIS ARTICLE.
  16. "PROPOSED ELECTOR INITIATED DISSOLUTION PLAN" SHALL MEAN A WRITTEN
DOCUMENT THAT CONTAINS TERMS AND INFORMATION REGARDING  THE  DISSOLUTION
OF A LOCAL GOVERNMENT ENTITY, A MAJORITY OF WHOSE ELECTORS HAVE VOTED TO
DISSOLVE  SUCH ENTITY, AND THAT HAS BEEN PROPOSED, BUT NOT YET FINALIZED
AND APPROVED, BY SUCH ENTITY'S GOVERNING BODY PURSUANT TO THIS ARTICLE.
  17. "PROPOSED JOINT CONSOLIDATION  AGREEMENT"  SHALL  MEAN  A  WRITTEN
DOCUMENT THAT CONTAINS TERMS AND INFORMATION REGARDING THE CONSOLIDATION
OF TWO OR MORE LOCAL GOVERNMENT ENTITIES AND THAT HAS BEEN PROPOSED, BUT
NOT  YET  FINALIZED  AND  APPROVED,  BY SUCH ENTITIES' GOVERNING BODY OR
BODIES PURSUANT TO THIS ARTICLE.
  18. "REFERENDUM" SHALL MEAN A VOTE SEEKING APPROVAL BY A  MAJORITY  OF
ELECTORS  OF  A LOCAL GOVERNMENT ENTITY OR ENTITIES VOTING ON A QUESTION
OF CONSOLIDATION OR DISSOLUTION PLACED ON THE BALLOT BY INITIATIVE.
                                 TITLE 2
               CONSOLIDATION OF LOCAL GOVERNMENT ENTITIES
SECTION 751. COMMENCING THE PROCEEDING.
        752. PROPOSED JOINT CONSOLIDATION AGREEMENT.
        753. PUBLICATION OF PROPOSED JOINT CONSOLIDATION AGREEMENT.
        754. PUBLIC HEARINGS ON PROPOSED JOINT CONSOLIDATION AGREEMENT.
        755. REFERENDUM  RESOLUTION  FOR  CONSOLIDATION  OF   TOWNS   OR
               VILLAGES.
        756. EFFECTIVE DATE OF JOINT CONSOLIDATION AGREEMENT.
        757. INITIATIVE OF ELECTORS SEEKING CONSOLIDATION.
        758. CONDUCT OF REFERENDUM.
        759. CANVASSING OF VOTE; MORATORIUM ON FURTHER REFERENDUM.
        760. DUTY  TO  APPROVE  PROPOSED ELECTOR INITIATED CONSOLIDATION
               PLAN.
        761. PUBLICATION OF  PROPOSED  ELECTOR  INITIATED  CONSOLIDATION
               PLAN.
        762. PUBLIC HEARINGS ON PROPOSED ELECTOR INITIATED CONSOLIDATION
               PLAN.
        763. EFFECTIVE  DATE  OF  ELECTOR  INITIATED CONSOLIDATION PLAN;
               PERMISSIVE REFERENDUM.
        764. COURT-ORDERED CONSOLIDATION;  MEDIATION;  JUDICIAL  HEARING
               OFFICER.
        765. GENERAL EFFECT OF CONSOLIDATION.
        766. ELECTION AND APPOINTMENT OF OFFICIALS.
        767. EFFECT OF TRANSITION ON EMPLOYEES.
        768. DEBTS, LIABILITIES AND OBLIGATIONS.
        769. EFFECT ON EXISTING LAWS; TRANSITION PERIOD.
        770. EFFECT ON ACTIONS AND PROCEEDINGS.
        771. REGISTRATION OF ELECTORS.
        772. DETERMINATION OF RIGHTS.
  S  751.  COMMENCING  THE PROCEEDING.   1. TWO OR MORE LOCAL GOVERNMENT
ENTITIES, WHETHER WITHIN THE SAME COUNTY OR DIFFERENT COUNTIES,  MAY  BE
CONSOLIDATED  INTO A SINGLE LOCAL GOVERNMENT ENTITY IF EACH OF THE LOCAL
GOVERNMENT ENTITIES IS CONTIGUOUS TO AT LEAST ONE OF THE  OTHER  CONSOL-
IDATING  LOCAL  GOVERNMENT ENTITIES AND IF TOGETHER THE LOCAL GOVERNMENT

S. 5661                             4

ENTITIES WOULD FORM A CONSOLIDATED LOCAL GOVERNMENT ENTITY OF A KIND  OR
CLASS  THAT  IS  AUTHORIZED UNDER THE LAWS OF THE STATE OF NEW YORK. THE
REQUIREMENT THAT LOCAL GOVERNMENT ENTITIES BE CONTIGUOUS TO  CONSOLIDATE
DOES NOT APPLY TO ENTITIES OTHER THAN TOWNS AND VILLAGES.
  2. CONSOLIDATION PROCEEDINGS MAY BE COMMENCED BY EITHER:
  (A)  A  JOINT  RESOLUTION BY THE GOVERNING BODY OR BODIES OF THE LOCAL
GOVERNMENT ENTITIES  TO  BE  CONSOLIDATED  ENDORSING  A  PROPOSED  JOINT
CONSOLIDATION AGREEMENT; OR
  (B) ELECTOR INITIATIVE.
  S  752. PROPOSED JOINT CONSOLIDATION AGREEMENT.  1. THE GOVERNING BODY
OR BODIES OF TWO OR MORE LOCAL GOVERNMENT ENTITIES MAY, BY JOINT  RESOL-
UTION,  ENDORSE A PROPOSED JOINT CONSOLIDATION AGREEMENT FOR THE PURPOSE
OF COMMENCING CONSOLIDATION PROCEEDINGS UNDER THIS ARTICLE.
  2. THE PROPOSED JOINT CONSOLIDATION AGREEMENT SHALL SPECIFY:
  (A) THE NAME OF EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED;
  (B) THE NAME OF THE PROPOSED  CONSOLIDATED  LOCAL  GOVERNMENT  ENTITY,
WHICH NAME SHALL BE SUCH AS TO DISTINGUISH IT FROM THE NAME OF ANY OTHER
LIKE UNIT OF GOVERNMENT IN THE STATE OF NEW YORK (EXCEPT THE NAME OF ANY
ONE OF THE ENTITIES TO BE CONSOLIDATED);
  (C)  THE  RIGHTS,  DUTIES AND OBLIGATIONS OF THE PROPOSED CONSOLIDATED
LOCAL GOVERNMENT ENTITY;
  (D) THE TERRITORIAL BOUNDARIES  OF  THE  PROPOSED  CONSOLIDATED  LOCAL
GOVERNMENT ENTITY;
  (E)  THE  TYPE AND/OR CLASS OF THE PROPOSED CONSOLIDATED LOCAL GOVERN-
MENT ENTITY;
  (F) THE GOVERNMENTAL ORGANIZATION OF THE PROPOSED  CONSOLIDATED  LOCAL
GOVERNMENT ENTITY INSOFAR AS IT CONCERNS ELECTED AND APPOINTED OFFICIALS
AND  PUBLIC  EMPLOYEES,  ALONG WITH A TRANSITIONAL PLAN AND SCHEDULE FOR
ELECTIONS AND APPOINTMENTS OF OFFICIALS;
  (G) A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY BE REALIZED
FROM CONSOLIDATION;
  (H) EACH ENTITY'S ASSETS, INCLUDING, BUT  NOT  LIMITED  TO,  REAL  AND
PERSONAL  PROPERTY,  AND  THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE
UNITED STATES;
  (I) EACH ENTITY'S LIABILITIES AND INDEBTEDNESS, BONDED AND  OTHERWISE,
AND THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE UNITED STATES;
  (J)  TERMS  FOR  THE  DISPOSITION  OF EXISTING ASSETS, LIABILITIES AND
INDEBTEDNESS OF EACH LOCAL GOVERNMENT ENTITY, EITHER JOINTLY, SEPARATELY
OR IN CERTAIN DEFINED PROPORTIONS;
  (K) TERMS FOR THE COMMON ADMINISTRATION  AND  UNIFORM  ENFORCEMENT  OF
LOCAL  LAWS,  ORDINANCES,  RESOLUTIONS,  ORDERS AND THE LIKE, WITHIN THE
PROPOSED CONSOLIDATED LOCAL GOVERNMENT ENTITY, CONSISTENT  WITH  SECTION
SEVEN HUNDRED SIXTY-NINE OF THIS TITLE;
  (L) THE EFFECTIVE DATE OF THE PROPOSED CONSOLIDATION; AND
  (M) THE TIME AND PLACE OR PLACES FOR THE PUBLIC HEARING OR HEARINGS ON
SUCH  PROPOSED  JOINT  CONSOLIDATION AGREEMENT PURSUANT TO SECTION SEVEN
HUNDRED FIFTY-FOUR OF THIS TITLE.
  S 753. PUBLICATION OF PROPOSED  JOINT  CONSOLIDATION  AGREEMENT.    NO
LATER  THAN  FIVE  BUSINESS  DAYS  AFTER  COMMENCEMENT  OF CONSOLIDATION
PROCEEDINGS PURSUANT TO SECTION SEVEN HUNDRED FIFTY-TWO OF  THIS  TITLE,
THE  GOVERNING  BODY  OR  BODIES  OF THE LOCAL GOVERNMENT ENTITIES TO BE
CONSOLIDATED SHALL:
  1. CAUSE A COPY OF THE PROPOSED JOINT CONSOLIDATION  AGREEMENT,  ALONG
WITH A DESCRIPTIVE SUMMARY THEREOF, TO BE DISPLAYED AND READILY ACCESSI-
BLE TO THE PUBLIC FOR INSPECTION IN A PUBLIC PLACE OR PLACES WITHIN EACH
ENTITY;

S. 5661                             5

  2.  CAUSE  THE  PROPOSED  JOINT  CONSOLIDATION AGREEMENT, ALONG WITH A
DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR PLAC-
ES WITHIN EACH ENTITY WHERE A  COPY  THEREOF  MAY  BE  EXAMINED,  TO  BE
DISPLAYED  ON  A  WEBSITE  MAINTAINED  BY  EACH ENTITY OR OTHERWISE ON A
WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN WHICH THE ENTI-
TIES ARE LOCATED; AND
  3. ARRANGE TO BE PUBLISHED A DESCRIPTIVE SUMMARY OF THE PROPOSED JOINT
CONSOLIDATION  AGREEMENT  AND  A REFERENCE TO THE PUBLIC PLACE OR PLACES
WITHIN THE ENTITIES WHERE A COPY THEREOF MAY BE EXAMINED, AT LEAST  ONCE
EACH  WEEK  FOR  FOUR  SUCCESSIVE WEEKS, IN A NEWSPAPER HAVING A GENERAL
CIRCULATION WITHIN EACH ENTITY.
  S 754. PUBLIC HEARINGS ON PROPOSED JOINT CONSOLIDATION AGREEMENT.   1.
THE  GOVERNING  BODY  OR  BODIES  OF THE LOCAL GOVERNMENT ENTITIES TO BE
CONSOLIDATED SHALL SET A TIME AND PLACE OR PLACES FOR ONE OR MORE PUBLIC
HEARINGS ON THE PROPOSED JOINT CONSOLIDATION AGREEMENT. THE  HEARING  OR
HEARINGS  SHALL  BE  HELD NO LESS THAN THIRTY-FIVE DAYS AND NO MORE THAN
NINETY DAYS AFTER COMMENCEMENT OF CONSOLIDATION PROCEEDINGS PURSUANT  TO
SECTION  SEVEN  HUNDRED FIFTY-TWO OF THIS TITLE. THE HEARING OR HEARINGS
MAY BE HELD JOINTLY OR SEPARATELY BY THE GOVERNING BODY OR BODIES OF THE
ENTITIES.  ANY INTERESTED PERSON SHALL BE GIVEN A REASONABLE OPPORTUNITY
TO BE HEARD ON ANY ASPECT OF THE PROPOSED CONSOLIDATION.
  2. THE PUBLIC HEARING OR HEARINGS SHALL BE HELD ON NOTICE OF AT  LEAST
TEN  DAYS,  BUT  NOT  MORE THAN TWENTY DAYS, PUBLISHED IN A NEWSPAPER OR
NEWSPAPERS HAVING GENERAL CIRCULATION WITHIN EACH LOCAL GOVERNMENT ENTI-
TY TO BE CONSOLIDATED AND DISPLAYED ON  A  WEBSITE  MAINTAINED  BY  EACH
ENTITY  OR OTHERWISE ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR
COUNTY IN WHICH THE ENTITIES ARE LOCATED. THE NOTICE OF THE  HEARING  OR
HEARINGS  SHALL  PROVIDE  A  DESCRIPTIVE  SUMMARY  OF THE PROPOSED JOINT
CONSOLIDATION AGREEMENT AND A REFERENCE TO THE PUBLIC  PLACE  OR  PLACES
WITHIN THE ENTITIES WHERE A COPY OF SUCH AGREEMENT MAY BE EXAMINED.
  3. AFTER COMPLETION OF THE FINAL HEARING, THE GOVERNING BODY OR BODIES
OF  THE  LOCAL  GOVERNMENT  ENTITIES  TO  BE  CONSOLIDATED MAY AMEND THE
PROPOSED  JOINT  CONSOLIDATION  AGREEMENT,  PROVIDED  THAT  THE  AMENDED
VERSION COMPLIES WITH THE PROVISIONS OF SUBDIVISION TWO OF SECTION SEVEN
HUNDRED  FIFTY-TWO  OF THIS TITLE AND IS PUBLICIZED PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION, AND/OR APPROVE A FINAL VERSION OF  THE  JOINT
CONSOLIDATION  AGREEMENT,  OR  DECLINE  TO  PROCEED FURTHER WITH CONSOL-
IDATION PROCEEDINGS. ANY APPROVAL BY THE  ENTITIES'  GOVERNING  BODY  OR
BODIES  OF  THE  FINAL VERSION OF THE JOINT CONSOLIDATION AGREEMENT MUST
OCCUR WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH FINAL HEARING.
  4. NO LATER THAN FIVE BUSINESS DAYS AFTER AMENDING THE PROPOSED  JOINT
CONSOLIDATION  AGREEMENT,  THE  GOVERNING  BODY  OR  BODIES OF THE LOCAL
GOVERNMENT ENTITIES TO BE CONSOLIDATED SHALL:
  (A) CAUSE A COPY OF THE AMENDED VERSION OF THE PROPOSED JOINT  CONSOL-
IDATION  AGREEMENT,  ALONG  WITH  A  DESCRIPTIVE  SUMMARY THEREOF, TO BE
DISPLAYED AND READILY ACCESSIBLE TO  THE  PUBLIC  FOR  INSPECTION  IN  A
PUBLIC PLACE OR PLACES WITHIN EACH ENTITY; AND
  (B)  CAUSE  THE  AMENDED  VERSION  OF THE PROPOSED JOINT CONSOLIDATION
AGREEMENT, ALONG WITH A DESCRIPTIVE SUMMARY THEREOF AND A  REFERENCE  TO
THE  PUBLIC PLACE OR PLACES WITHIN EACH SUCH ENTITY WHERE A COPY THEREOF
MAY BE EXAMINED, TO BE DISPLAYED ON A WEBSITE MAINTAINED BY EACH  ENTITY
OR  OTHERWISE ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY
IN WHICH THE ENTITIES ARE LOCATED.
  S 755. REFERENDUM RESOLUTION FOR CONSOLIDATION OF TOWNS  OR  VILLAGES.
1. IF A JOINT CONSOLIDATION AGREEMENT CALLS FOR THE CONSOLIDATION OF TWO
OR  MORE  TOWNS, TWO OR MORE VILLAGES OR ONE OR MORE TOWNS AND VILLAGES,

S. 5661                             6

THEN CONTEMPORANEOUS WITH THE FINAL APPROVAL OF THE JOINT  CONSOLIDATION
AGREEMENT  PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED FIFTY-
FOUR OF THIS TITLE, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT
ENTITIES  TO  BE  CONSOLIDATED  SHALL  ENACT  A RESOLUTION CALLING FOR A
REFERENDUM ON THE PROPOSED CONSOLIDATION BY THE ELECTORS IN EACH OF  THE
ENTITIES.
  2.  THE  RESOLUTION CALLING FOR THE REFERENDUM ON THE PROPOSED CONSOL-
IDATION SHALL:
  (A) PROVIDE (I) THE NAME OF EACH OF THE TOWNS AND/OR VILLAGES PROPOSED
TO BE CONSOLIDATED, (II) A STATEMENT FULLY DESCRIBING THE  TERRITORY  TO
BE  INCLUDED  WITHIN  THE PROPOSED CONSOLIDATED LOCAL GOVERNMENT ENTITY,
(III) THE NAME OF THE PROPOSED CONSOLIDATED LOCAL GOVERNMENT ENTITY, AND
(IV) THE DATE FOR THE REFERENDUM, IN ACCORDANCE WITH SUBDIVISION ONE  OF
SECTION SEVEN HUNDRED FIFTY-EIGHT OF THIS TITLE;
  (B)   STATE THE SUBSTANCE OF THE QUESTION TO BE SUBMITTED TO THE ELEC-
TORS; AND
  (C) SET FORTH SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL,  PROVIDE
FOR  AND  GIVE  NOTICE  OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT
THEREOF AND THE CANVASS OF THE RETURNS THEREUPON.
  3. THE RESOLUTION CALLING FOR A REFERENDUM  ON  THE  PROPOSED  CONSOL-
IDATION  SHALL  HAVE  ATTACHED  TO  IT THE FINAL APPROVED VERSION OF THE
JOINT CONSOLIDATION AGREEMENT.
  S 756. EFFECTIVE DATE OF JOINT CONSOLIDATION AGREEMENT.  LOCAL GOVERN-
MENT ENTITIES CONSOLIDATED PURSUANT TO A JOINT  CONSOLIDATION  AGREEMENT
SHALL  CONTINUE  TO BE GOVERNED AS BEFORE CONSOLIDATION UNTIL THE EFFEC-
TIVE DATE OF THE CONSOLIDATION  SPECIFIED  IN  THE  JOINT  CONSOLIDATION
AGREEMENT;  PROVIDED,  HOWEVER,  THAT  NO  JOINT CONSOLIDATION AGREEMENT
CONSOLIDATING TWO OR MORE TOWNS, TWO OR MORE VILLAGES  OR  ONE  OR  MORE
TOWNS  AND  VILLAGES  SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF
ELECTORS IN EACH SUCH TOWN AND/OR VILLAGE AT A REFERENDUM CALLED THROUGH
A RESOLUTION ENACTED PURSUANT TO SECTION  SEVEN  HUNDRED  FIFTY-FIVE  OF
THIS TITLE.
  S  757. INITIATIVE OF ELECTORS SEEKING CONSOLIDATION.  1. THE ELECTORS
OF TWO OR MORE LOCAL GOVERNMENT ENTITIES MAY  COMMENCE  A  CONSOLIDATION
PROCEEDING  BY FILING AN ORIGINAL PETITION, CONTAINING NOT LESS THAN THE
NUMBER OF SIGNATURES PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION AND
IN THE FORM PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, WITH  THE
CLERK  OF THE TOWN IN WHICH THE ENTITIES OR THE GREATER PORTION OF THEIR
TERRITORY ARE LOCATED, EXCEPT THAT IF ONE OR MORE OF THE ENTITIES TO  BE
CONSOLIDATED  IS  A  VILLAGE  THE ORIGINAL PETITION OF ELECTORS FROM THE
VILLAGE SHALL BE FILED WITH THE CLERK OF THE VILLAGE.  ACCOMPANYING  THE
FILED  PETITION  SHALL BE A COVER SHEET CONTAINING THE NAME, ADDRESS AND
TELEPHONE NUMBER OF AN INDIVIDUAL WHO SIGNED THE PETITION AND  WHO  WILL
SERVE AS A CONTACT PERSON.
  2.  THE  PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST TEN PERCENT
OF THE NUMBER OF ELECTORS OR FIVE THOUSAND ELECTORS, WHICHEVER IS  LESS,
IN  EACH  LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED; PROVIDED, HOWEVER,
THAT WHERE THE LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED CONTAINS  FIVE
HUNDRED  OR FEWER ELECTORS, THE PETITION SHALL CONTAIN THE SIGNATURES OF
AT LEAST TWENTY PERCENT OF THE NUMBER OF ELECTORS.   NO SIGNATURE  ON  A
PETITION IS VALID UNLESS IT IS THE ORIGINAL SIGNATURE OF AN ELECTOR.
  3. THE PETITION SHALL SUBSTANTIALLY COMPLY WITH, AND BE CIRCULATED IN,
THE FOLLOWING FORM:
               PETITION FOR LOCAL GOVERNMENT CONSOLIDATION
  WE, THE UNDERSIGNED ELECTORS AND LEGAL VOTERS OF (INSERT TYPE OF LOCAL
GOVERNMENT  ENTITY - E.G., TOWN, VILLAGE OR DISTRICT) OF (INSERT NAME OF

S. 5661                             7

LOCAL GOVERNMENT ENTITY), NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENER-
AL OR SPECIAL ELECTION, RESPECTFULLY PETITION THAT THERE BE SUBMITTED TO
THE ELECTORS AND LEGAL VOTERS OF (INSERT TYPE AND NAME OF LOCAL  GOVERN-
MENT  ENTITIES  PROPOSED  TO  BE  CONSOLIDATED),  FOR  THEIR APPROVAL OR
REJECTION AT A REFERENDUM HELD FOR THAT PURPOSE, A PROPOSAL  TO  CONSOL-
IDATE  (INSERT  TYPE  AND  NAME OF LOCAL GOVERNMENT ENTITY) WITH (INSERT
TYPE AND NAME OF LOCAL GOVERNMENT ENTITY OR ENTITIES).
  IN WITNESS WHEREOF, WE HAVE SIGNED OUR NAMES ON  THE  DATES  INDICATED
NEXT TO OUR SIGNATURES.
     DATE      NAME - PRINT NAME UNDER SIGNATURE             HOME ADDRESS
  1. _____       _________________________________             ____________
  2. _____       _________________________________             ____________
  3. _____       _________________________________             ____________
  (ON THE BOTTOM OF EACH PAGE OF THE PETITION, AFTER ALL OF THE NUMBERED
SIGNATURES,  INSERT A SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALI-
FIED ELECTOR OF THE STATE  OF  NEW  YORK.  SUCH  A  STATEMENT  SHALL  BE
ACCEPTED  FOR  ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT THE PERSON SIGNING IT
TO THE SAME PENALTIES AS IF HE OR SHE HAS BEEN DULY SWORN. THE  FORM  OF
SUCH STATEMENT SHALL BE SUBSTANTIALLY AS FOLLOWS:
  I, (INSERT NAME OF WITNESS), STATE THAT I AM A DULY QUALIFIED VOTER OF
THE  STATE  OF NEW YORK. EACH OF THE PERSONS THAT HAVE SIGNED THIS PETI-
TION SHEET CONTAINING (INSERT NUMBER) SIGNATURES HAVE SIGNED THEIR NAMES
IN MY PRESENCE ON THE DATES INDICATED ABOVE AND IDENTIFIED THEMSELVES TO
BE THE SAME PERSON WHO SIGNED THE SHEET. I UNDERSTAND THAT  THIS  STATE-
MENT  WILL  BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDA-
VIT, AND IF IT CONTAINS A MATERIALLY FALSE STATEMENT, SHALL  SUBJECT  ME
TO THE PENALTIES OF PERJURY.
_________________  _________________________________
     DATE                     SIGNATURE OF WITNESS)
  (IN  LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
VOTER OF THE STATE OF NEW YORK, THE  FOLLOWING  STATEMENT  SIGNED  BY  A
NOTARY PUBLIC OR A COMMISSIONER OF DEEDS SHALL BE ACCEPTED:
  ON  THE  DATE  INDICATED  ABOVE  BEFORE ME PERSONALLY CAME EACH OF THE
ELECTORS AND LEGAL VOTERS WHOSE SIGNATURES APPEAR ON THIS PETITION SHEET
CONTAINING (INSERT NUMBER) SIGNATURES, WHO SIGNED  THE  PETITION  IN  MY
PRESENCE  AND  WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR HERSELF,
IDENTIFIED HIMSELF OR HERSELF AS THE ONE AND SAME PERSON WHO SIGNED  THE
PETITION AND THAT THE FOREGOING INFORMATION THEY PROVIDED WAS TRUE.
_________________            _________________________________
     DATE                     NOTARY PUBLIC OR COMMISSIONER OF DEEDS)
  4.   AN  ALTERATION  OR  CORRECTION  OF  INFORMATION  APPEARING  ON  A
PETITION'S SIGNATURE LINE, OTHER  THAN  AN  UN-INITIALED  SIGNATURE  AND
DATE, SHALL NOT INVALIDATE SUCH SIGNATURE.
  5.  IN MATTERS OF FORM, THIS SECTION SHALL BE LIBERALLY CONSTRUED, NOT
INCONSISTENT WITH SUBSTANTIAL COMPLIANCE THERETO AND THE  PREVENTION  OF
FRAUD.
  6. WITHIN TEN DAYS OF THE FILING OF THE PETITION SEEKING CONSOLIDATION
PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, THE CLERK WITH WHOM THE
PETITION WAS FILED SHALL MAKE A FINAL DETERMINATION REGARDING THE SUFFI-
CIENCY OF THE NUMBER OF SIGNATURES ON THE PETITION  AND  PROVIDE  TIMELY
WRITTEN  NOTICE OF SUCH DETERMINATION TO THE CONTACT PERSON NAMED IN THE
COVER SHEET ACCOMPANYING THE PETITION. THE CONTACT PERSON OR  ANY  INDI-
VIDUAL WHO SIGNED THE PETITION MAY SEEK JUDICIAL REVIEW OF SUCH DETERMI-
NATION  IN  A  PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAWS AND RULES.

S. 5661                             8

  7. UPON THE CLERK'S DETERMINATION THAT THE PETITION CONTAINS NOT  LESS
THAN THE NUMBER OF SIGNATURES OF ELECTORS REQUIRED IN SUBDIVISION TWO OF
THIS SECTION, THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTI-
TIES  TO  BE  CONSOLIDATED  SHALL, NO LATER THAN THIRTY DAYS THEREAFTER,
ENACT  A  RESOLUTION IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION SEVEN
HUNDRED FIFTY-FIVE OF  THIS  TITLE  CALLING  FOR  A  REFERENDUM  ON  THE
PROPOSED CONSOLIDATION BY THE ELECTORS IN EACH OF THE ENTITIES AND SET A
DATE FOR SUCH REFERENDUM.
  S  758.  CONDUCT OF REFERENDUM.  1.  A REFERENDUM REQUIRED BY SECTIONS
SEVEN HUNDRED FIFTY-FIVE OR SEVEN  HUNDRED  FIFTY-SEVEN  OF  THIS  TITLE
SHALL  BE  PLACED  BEFORE  THE  ELECTORS OF EACH OF THE LOCAL GOVERNMENT
ENTITIES TO BE CONSOLIDATED AT A SPECIAL ELECTION TO BE  HELD  NOT  LESS
THAN  SIXTY OR MORE THAN NINETY DAYS AFTER THE ENACTMENT OF A RESOLUTION
CALLING FOR SUCH REFERENDUM, PROVIDED, HOWEVER, THAT IN  CASES  WHERE  A
TOWN  OR VILLAGE GENERAL ELECTION FALLS WITHIN SUCH PERIOD, THE QUESTION
MAY BE CONSIDERED DURING A TOWN OR VILLAGE GENERAL ELECTION.
  2. THE REFERENDUM MAY BE HELD IN EACH LOCAL GOVERNMENT ENTITY  ON  THE
SAME  DAY,  OR  ON  DIFFERENT  DAYS,  HOWEVER, NOT MORE THAN TWENTY DAYS
APART.
  3. NOTICE OF THE REFERENDUM SHALL BE GIVEN TO  THE  ELECTORS  OF  EACH
LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED BY PUBLICATION IN A NEWSPAPER
HAVING  A  GENERAL  CIRCULATION  WITHIN THE BOUNDARIES OF EACH ENTITY AT
LEAST ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IMMEDIATELY  PRIOR  TO  THE
REFERENDUM. THE NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  SUMMARY  OF  THE  CONTENTS OF THE RESOLUTION AND JOINT CONSOL-
IDATION AGREEMENT OR PETITION FOR CONSOLIDATION, AS THE CASE MAY BE;
  (B)  A STATEMENT AS TO WHERE MAY BE EXAMINED A COPY OF THE  RESOLUTION
AND  JOINT CONSOLIDATION AGREEMENT OR PETITION FOR CONSOLIDATION, AS THE
CASE MAY BE;
  (C) THE NAMES OF THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED  AND
A DESCRIPTION OF THEIR TERRITORY;
  (D)  WITH  RESPECT  TO  A  RESOLUTION  CALLING  FOR A REFERENDUM UNDER
SECTION SEVEN HUNDRED FIFTY-FIVE OF THIS TITLE ONLY,  THE  NAME  OF  THE
PROPOSED CONSOLIDATED LOCAL GOVERNMENT ENTITY;
  (E)    THE  TIME  AND  PLACE OR PLACES AT WHICH THE REFERENDUM WILL BE
HELD; AND
  (F) SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL,  PROVIDE  FOR  AND
GIVE NOTICE OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT THEREOF AND
THE CANVASS OF THE RETURNS THEREUPON.
  4.    THE REFERENDUM QUESTION PLACED BEFORE THE ELECTORS OF EACH LOCAL
GOVERNMENT ENTITY TO BE CONSOLIDATED SHALL BE IN A FORM READING SUBSTAN-
TIALLY AS FOLLOWS:
  "SHALL (INSERT TYPE AND NAME OF LOCAL GOVERNMENT  ENTITY)  BE  CONSOL-
IDATED  WITH  (INSERT  TYPE AND NAME OF LOCAL GOVERNMENT ENTITY OR ENTI-
TIES)?
  YES ____
  NO ____"
  5.  IN ANY REFERENDUM HELD PURSUANT TO THIS TITLE, EACH LOCAL  GOVERN-
MENT ENTITY TO BE CONSOLIDATED SHALL BEAR ONLY THE COSTS OF HOLDING SUCH
REFERENDUM  IN  ITS  RESPECTIVE ENTITY AND SHALL NOT BE REQUIRED TO BEAR
THE COSTS OF A REFERENDUM HELD IN ANY OTHER ENTITY.
  6.   IN ANY REFERENDUM HELD PURSUANT TO  THIS  TITLE,  AND  EXCEPT  AS
OTHERWISE  SPECIFIED  HEREIN,  THE  REFERENDUM SHALL BE CONDUCTED IN THE
SAME MANNER AS OTHER MUNICIPAL ELECTIONS OR REFERENDUMS  FOR  THE  LOCAL
GOVERNMENT ENTITIES TO BE CONSOLIDATED.

S. 5661                             9

  S  759.  CANVASSING OF VOTE; MORATORIUM ON FURTHER REFERENDUM.  1.  IN
ANY REFERENDUM HELD PURSUANT TO THIS TITLE, THE BALLOTS  CAST  SHALL  BE
COUNTED,  RETURNS  MADE  AND CANVASSED AND RESULTS CERTIFIED IN THE SAME
MANNER AS OTHER MUNICIPAL ELECTIONS OR REFERENDUMS FOR THE LOCAL GOVERN-
MENT ENTITIES TO BE CONSOLIDATED.
  2.  CONSOLIDATION SHALL NOT TAKE EFFECT UNLESS A MAJORITY OF THE ELEC-
TORS  VOTING  IN EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED VOTE IN
FAVOR OF CONSOLIDATION. IF IN ANY ONE OF THE ENTITIES  SUCH  A  MAJORITY
VOTE  DOES NOT RESULT, THE REFERENDUM SHALL FAIL AND CONSOLIDATION SHALL
NOT TAKE EFFECT.
  3.  IF CONSOLIDATION IS APPROVED BY A MAJORITY OF THE ELECTORS  VOTING
IN EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED, CERTIFICATES OF SUCH
RESULT  SHALL  BE IMMEDIATELY FILED WITH THE SECRETARY OF STATE AND WITH
THE CLERKS OF THE ENTITIES AND COUNTY IN WHICH ANY PART OF THE  ENTITIES
IS SITUATED.
  4.  IF  THE REFERENDUM SHALL FAIL, THE CONSOLIDATION PROCESS SPECIFIED
BY THIS TITLE SHALL NOT BE INITIATED FOR THE SAME  PURPOSE  WITHIN  FOUR
YEARS  OF  THE DATE OF SUCH REFERENDUM.  THIS SUBDIVISION, HOWEVER, DOES
NOT APPLY TO A PERMISSIVE REFERENDUM CONDUCTED PURSUANT TO SECTION SEVEN
HUNDRED SIXTY-THREE OF THIS TITLE.
  S 760. DUTY TO APPROVE PROPOSED ELECTOR INITIATED CONSOLIDATION  PLAN.
1.  IN THE CASE OF A PROPOSED CONSOLIDATION OF LOCAL GOVERNMENT ENTITIES
PROPERLY INITIATED BY PETITION OF ELECTORS  PURSUANT  TO  SECTION  SEVEN
HUNDRED  FIFTY-SEVEN OF THIS TITLE, IF A MAJORITY OF THE ELECTORS VOTING
IN A REFERENDUM HELD IN EACH OF THE  LOCAL  GOVERNMENT  ENTITIES  TO  BE
CONSOLIDATED  VOTE  IN  FAVOR  OF CONSOLIDATION, THE ENTITIES' GOVERNING
BODY OR BODIES SHALL MEET WITHIN THIRTY DAYS AFTER CERTIFICATION OF  THE
FAVORABLE  VOTE  AND,  WITHIN  ONE  HUNDRED EIGHTY DAYS OF SUCH MEETING,
PREPARE AND APPROVE BY RESOLUTION A PROPOSED ELECTOR  INITIATED  CONSOL-
IDATION PLAN.
  2. THE PROPOSED ELECTOR INITIATED CONSOLIDATION PLAN SHALL INCLUDE:
  (A)  THE NAME OF EACH LOCAL GOVERNMENT ENTITY TO BE CONSOLIDATED;
  (B) THE NAME OF WHAT WILL BE THE CONSOLIDATED LOCAL GOVERNMENT ENTITY,
WHICH NAME SHALL BE SUCH AS TO DISTINGUISH IT FROM THE NAME OF ANY OTHER
LIKE UNIT OF GOVERNMENT IN THE STATE OF NEW YORK (EXCEPT THE NAME OF ANY
ONE OF THE ENTITIES TO BE CONSOLIDATED);
  (C)  THE  RIGHTS,  DUTIES  AND  OBLIGATIONS  OF THE CONSOLIDATED LOCAL
GOVERNMENT ENTITY;
  (D) THE TERRITORIAL BOUNDARIES OF THE  CONSOLIDATED  LOCAL  GOVERNMENT
ENTITY;
  (E)   THE TYPE AND/OR CLASS OF THE CONSOLIDATED LOCAL GOVERNMENT ENTI-
TY;
  (F) THE GOVERNMENTAL ORGANIZATION OF THE CONSOLIDATED LOCAL GOVERNMENT
ENTITY INSOFAR AS IT CONCERNS ELECTED AND APPOINTED OFFICIALS AND PUBLIC
EMPLOYEES, ALONG WITH A TRANSITIONAL PLAN AND SCHEDULE FOR ELECTIONS AND
APPOINTMENTS OF OFFICIALS;
  (G)  A FISCAL ESTIMATE OF THE COST OF AND SAVINGS WHICH MAY  BE  REAL-
IZED FROM CONSOLIDATION;
  (H)  EACH  ENTITY'S  ASSETS,  INCLUDING,  BUT NOT LIMITED TO, REAL AND
PERSONAL PROPERTY, AND THE FAIR VALUE THEREOF IN CURRENT  MONEY  OF  THE
UNITED STATES;
  (I)  EACH ENTITY'S LIABILITIES AND INDEBTEDNESS, BONDED AND OTHERWISE,
AND THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE UNITED STATES;
  (J)  TERMS FOR THE DISPOSITION OF  EXISTING  ASSETS,  LIABILITIES  AND
INDEBTEDNESS OF EACH LOCAL GOVERNMENT ENTITY, EITHER JOINTLY, SEPARATELY
OR IN CERTAIN DEFINED PROPORTIONS;

S. 5661                            10

  (K)    TERMS  FOR THE COMMON ADMINISTRATION AND UNIFORM ENFORCEMENT OF
LOCAL LAWS, ORDINANCES, RESOLUTIONS, ORDERS AND  THE  LIKE,  WITHIN  THE
CONSOLIDATED  LOCAL  GOVERNMENT  ENTITY,  CONSISTENT  WITH SECTION SEVEN
HUNDRED SIXTY-NINE OF THIS TITLE;
  (L) THE EFFECTIVE DATE OF THE CONSOLIDATION; AND
  (M) THE TIME AND PLACE OR PLACES FOR THE PUBLIC HEARING OR HEARINGS ON
SUCH  PROPOSED  ELECTOR INITIATED CONSOLIDATION PLAN PURSUANT TO SECTION
SEVEN HUNDRED SIXTY-TWO OF THIS TITLE.
  S 761. PUBLICATION OF PROPOSED ELECTOR INITIATED  CONSOLIDATION  PLAN.
NO  LATER  THAN  FIVE  BUSINESS  DAYS AFTER APPROVING A PROPOSED ELECTOR
INITIATED CONSOLIDATION PLAN PURSUANT TO SECTION SEVEN HUNDRED SIXTY  OF
THIS  TITLE,  THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTI-
TIES TO BE CONSOLIDATED SHALL:
  1.  CAUSE A COPY OF THE PROPOSED ELECTOR INITIATED CONSOLIDATION PLAN,
ALONG WITH A DESCRIPTIVE SUMMARY THEREOF, TO BE  DISPLAYED  AND  READILY
ACCESSIBLE  TO  THE  PUBLIC  FOR  INSPECTION IN A PUBLIC PLACE OR PLACES
WITHIN EACH ENTITY;
  2. CAUSE THE PROPOSED ELECTOR INITIATED CONSOLIDATION PLAN, ALONG WITH
A DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO  THE  PUBLIC  PLACE  OR
PLACES  WITHIN  EACH  ENTITY WHERE A COPY THEREOF MAY BE EXAMINED, TO BE
DISPLAYED ON A WEBSITE MAINTAINED BY  EACH  ENTITY  OR  OTHERWISE  ON  A
WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN WHICH THE ENTI-
TIES ARE LOCATED; AND
  3. ARRANGE TO BE PUBLISHED A DESCRIPTIVE SUMMARY OF THE PROPOSED ELEC-
TOR  INITIATED CONSOLIDATION PLAN AND A REFERENCE TO THE PUBLIC PLACE OR
PLACES WITHIN THE ENTITIES WHERE A COPY  THEREOF  MAY  BE  EXAMINED,  AT
LEAST  ONCE EACH WEEK FOR FOUR SUCCESSIVE WEEKS, IN A NEWSPAPER HAVING A
GENERAL CIRCULATION WITHIN EACH ENTITY.
  S 762. PUBLIC HEARINGS ON  PROPOSED  ELECTOR  INITIATED  CONSOLIDATION
PLAN.  1.  THE GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES
TO  BE CONSOLIDATED SHALL SET A TIME AND PLACE OR PLACES FOR ONE OR MORE
PUBLIC HEARINGS ON THE PROPOSED ELECTOR  INITIATED  CONSOLIDATION  PLAN.
THE  HEARING OR HEARINGS SHALL BE HELD NO LESS THAN THIRTY-FIVE DAYS AND
NO MORE THAN NINETY DAYS AFTER THE PROPOSED  ELECTOR  INITIATED  CONSOL-
IDATION PLAN IS APPROVED PURSUANT TO SECTION SEVEN HUNDRED SIXTY OF THIS
TITLE.  THE HEARING OR HEARINGS MAY BE HELD JOINTLY OR SEPARATELY BY THE
GOVERNING BODY OR BODIES OF THE ENTITIES.  ANY INTERESTED  PERSON  SHALL
BE  GIVEN  A  REASONABLE  OPPORTUNITY  TO  BE HEARD ON ANY ASPECT OF THE
PROPOSED CONSOLIDATION.
  2. THE PUBLIC HEARING OR HEARINGS SHALL BE HELD ON NOTICE OF AT  LEAST
TEN  DAYS,  BUT  NOT  MORE THAN TWENTY DAYS, PUBLISHED IN A NEWSPAPER OR
NEWSPAPERS HAVING GENERAL CIRCULATION WITHIN EACH LOCAL GOVERNMENT ENTI-
TY TO BE CONSOLIDATED AND DISPLAYED ON  A  WEBSITE  MAINTAINED  BY  EACH
ENTITY  OR OTHERWISE ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR
COUNTY IN WHICH THE ENTITIES ARE LOCATED. THE NOTICE OF THE  HEARING  OR
HEARINGS  SHALL  PROVIDE  A  DESCRIPTIVE SUMMARY OF THE PROPOSED ELECTOR
INITIATED CONSOLIDATION PLAN AND A REFERENCE  TO  THE  PUBLIC  PLACE  OR
PLACES  WITHIN  THE ENTITIES WHERE A COPY OF SUCH AGREEMENT MAY BE EXAM-
INED.
  3.   AFTER COMPLETION OF THE FINAL  HEARING,  THE  GOVERNING  BODY  OR
BODIES OF THE LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED MAY AMEND THE
PROPOSED ELECTOR INITIATED CONSOLIDATION PLAN, PROVIDED THAT THE AMENDED
VERSION COMPLIES WITH THE PROVISIONS OF SUBDIVISION TWO OF SECTION SEVEN
HUNDRED  SIXTY  OF  THIS TITLE AND IS PUBLICIZED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION.  THE  ENTITIES'  GOVERNING  BODY  OR  BODIES  MUST

S. 5661                            11

APPROVE  A  FINAL  VERSION  OF  THE ELECTOR INITIATED CONSOLIDATION PLAN
WITHIN SIXTY DAYS OF SUCH FINAL HEARING.
  4.  NO LATER THAN FIVE BUSINESS DAYS AFTER AMENDING THE PROPOSED ELEC-
TOR INITIATED CONSOLIDATION PLAN, THE GOVERNING BODY OR  BODIES  OF  THE
LOCAL GOVERNMENT ENTITIES TO BE CONSOLIDATED SHALL:
  (A)    CAUSE  A  COPY  OF  THE AMENDED VERSION OF THE PROPOSED ELECTOR
INITIATED CONSOLIDATION PLAN, ALONG WITH A DESCRIPTIVE SUMMARY  THEREOF,
TO BE DISPLAYED AND READILY ACCESSIBLE TO THE PUBLIC FOR INSPECTION IN A
PUBLIC PLACE OR PLACES WITHIN EACH ENTITY; AND
  (B)  CAUSE  THE  AMENDED  VERSION  OF  THE  PROPOSED ELECTOR INITIATED
CONSOLIDATION PLAN, ALONG WITH  A  DESCRIPTIVE  SUMMARY  THEREOF  AND  A
REFERENCE  TO THE PUBLIC PLACE OR PLACES WITHIN EACH ENTITY WHERE A COPY
THEREOF MAY BE EXAMINED, TO BE DISPLAYED ON A WEBSITE MAINTAINED BY EACH
ENTITY OR OTHERWISE ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN  AND/OR
COUNTY IN WHICH THE ENTITIES ARE LOCATED.
  S 763. EFFECTIVE DATE OF ELECTOR INITIATED CONSOLIDATION PLAN; PERMIS-
SIVE  REFERENDUM.  1. LOCAL GOVERNMENT ENTITIES CONSOLIDATED PURSUANT TO
AN ELECTOR INITIATED CONSOLIDATED PLAN SHALL CONTINUE TO BE GOVERNED  AS
BEFORE CONSOLIDATION UNTIL THE EFFECTIVE DATE OF THE CONSOLIDATION SPEC-
IFIED  IN  SUCH  PLAN,  WHICH DATE SHALL BE NO LESS THAN FORTY-FIVE DAYS
AFTER FINAL APPROVAL OF SUCH  PLAN  PURSUANT  TO  SUBDIVISION  THREE  OF
SECTION  SEVEN  HUNDRED  SIXTY-TWO  OR SUBDIVISION FOUR OF SECTION SEVEN
HUNDRED SIXTY-FOUR OF THIS TITLE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE ELECTOR INITI-
ATED CONSOLIDATION  PLAN  SHALL  NOT  TAKE  EFFECT  IF,  NO  LATER  THAN
FORTY-FIVE  DAYS  AFTER  FINAL  APPROVAL THEREOF PURSUANT TO SUBDIVISION
THREE OF SECTION SEVEN HUNDRED SIXTY-TWO OR SUBDIVISION FOUR OF  SECTION
SEVEN  HUNDRED  SIXTY-FOUR OF THIS TITLE, ELECTORS OF A LOCAL GOVERNMENT
ENTITY TO BE CONSOLIDATED PURSUANT TO SUCH PLAN SHALL:
  (A)  FILE AN ORIGINAL PETITION, CONTAINING NOT LESS THAN THE NUMBER OF
SIGNATURES PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, SEEKING  A
REFERENDUM  ON  THE QUESTION WHETHER THE ELECTOR INITIATED CONSOLIDATION
PLAN SHALL TAKE EFFECT, WITH THE CLERK OF THE TOWN IN WHICH  THE  ENTITY
OR  THE  GREATER PORTION OF ITS TERRITORY IS LOCATED, EXCEPT THAT IF THE
ENTITY IS A VILLAGE THE ORIGINAL PETITION OF ELECTORS FROM  THE  VILLAGE
SHALL BE FILED WITH THE CLERK OF THE VILLAGE; AND
  (B) THEREAFTER LESS THAN A MAJORITY OF THE ELECTORS IN THE ENTITY VOTE
IN THE AFFIRMATIVE ON SUCH QUESTION AT A REFERENDUM.
  3.  THE  PETITION  SHALL  BE  CIRCULATED,  SIGNED AND AUTHENTICATED IN
SUBSTANTIAL COMPLIANCE WITH THE  PROVISIONS  OF  SECTION  SEVEN  HUNDRED
FIFTY-SEVEN  OF  THIS  TITLE,  SHALL  CONTAIN THE SIGNATURES OF AT LEAST
TWENTY-FIVE PERCENT OF THE NUMBER OF ELECTORS OR FIFTEEN THOUSAND  ELEC-
TORS,  WHICHEVER  IS  LESS, IN THE LOCAL GOVERNMENT ENTITY TO BE CONSOL-
IDATED, AND SHALL BE ACCOMPANIED BY A COVER SHEET CONTAINING  THE  NAME,
ADDRESS  AND  TELEPHONE  NUMBER OF AN INDIVIDUAL WHO SIGNED THE PETITION
AND WHO WILL SERVE AS A CONTACT PERSON.
  4. WITHIN TEN DAYS OF THE FILING OF THE PETITION SEEKING A  REFERENDUM
ON WHETHER THE ELECTOR INITIATED DISSOLUTION PLAN SHALL TAKE EFFECT, THE
CLERK  WITH WHOM THE PETITION WAS FILED SHALL MAKE A FINAL DETERMINATION
REGARDING THE SUFFICIENCY OF THE NUMBER OF SIGNATURES  ON  THE  PETITION
AND  PROVIDE  TIMELY WRITTEN NOTICE OF SUCH DETERMINATION TO THE CONTACT
PERSON NAMED IN THE COVER SHEET ACCOMPANYING THE PETITION.  THE  CONTACT
PERSON  OR  ANY  INDIVIDUAL  WHO  SIGNED  THE PETITION MAY SEEK JUDICIAL
REVIEW OF SUCH DETERMINATION IN A PROCEEDING PURSUANT TO ARTICLE  SEVEN-
TY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES. UPON THE CLERK'S DETERMI-
NATION THAT THE PETITION CONTAINS NO LESS THAN THE  REQUIRED  NUMBER  OF

S. 5661                            12

SIGNATURES,  THE  GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO WHICH
SUCH PETITION APPLIES SHALL WITHIN THIRTY DAYS ENACT A RESOLUTION  CALL-
ING  FOR  A  REFERENDUM  BY  THE ELECTORS OF SUCH ENTITY ON THE QUESTION
WHETHER  TO  APPROVE  THE ELECTOR INITIATED CONSOLIDATION PLAN AND SET A
DATE FOR SUCH REFERENDUM IN ACCORDANCE WITH  SUBDIVISION  FIVE  OF  THIS
SECTION.
  5.  THE  REFERENDUM  ON  THE  QUESTION  WHETHER  THE ELECTOR INITIATED
CONSOLIDATION PLAN SHALL TAKE EFFECT SHALL BE  SUBMITTED  AT  A  SPECIAL
ELECTION  TO  BE HELD NOT LESS THAN SIXTY OR MORE THAN NINETY DAYS AFTER
ENACTMENT OF A RESOLUTION PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION,
PROVIDED,  HOWEVER,  THAT  IN  CASES  WHERE  A  TOWN  OR VILLAGE GENERAL
ELECTION FALLS WITHIN  SUCH  PERIOD,  THE  REFERENDUM  QUESTION  MAY  BE
CONSIDERED DURING A TOWN OR VILLAGE GENERAL ELECTION.
  6.  NOTICE  OF  THE  REFERENDUM  SHALL BE GIVEN TO THE ELECTORS OF THE
LOCAL GOVERNMENT ENTITY TO WHICH THE PETITION APPLIES BY PUBLICATION  IN
A  NEWSPAPER  HAVING  A GENERAL CIRCULATION WITHIN THE BOUNDARIES OF THE
ENTITY AT LEAST ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IMMEDIATELY PRIOR
TO THE REFERENDUM. THE NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A SUMMARY OF THE CONTENTS OF THE RESOLUTION AND ELECTOR  INITIATED
CONSOLIDATION PLAN;
  (B)   A STATEMENT AS TO WHERE MAY BE EXAMINED A COPY OF THE RESOLUTION
AND ELECTOR INITIATED CONSOLIDATION PLAN;
  (C)  THE TIME AND PLACE OR PLACES AT  WHICH  THE  REFERENDUM  WILL  BE
HELD, IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION; AND
  (D)  SUCH  OTHER  MATTERS AS MAY BE NECESSARY TO CALL, PROVIDE FOR AND
GIVE NOTICE OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT THEREOF AND
THE CANVASS OF THE RETURNS THEREUPON.
  7. IN A REFERENDUM HELD PURSUANT TO THIS SECTION, THE REFERENDUM QUES-
TION SHALL BE PLACED BEFORE THE ELECTORS OF THE LOCAL GOVERNMENT  ENTITY
TO  WHICH  THE  PETITION  APPLIES  IN  A  FORM  READING SUBSTANTIALLY AS
FOLLOWS:
  "THE VOTERS OF THE (INSERT TYPE AND  NAME  OF  EACH  LOCAL  GOVERNMENT
ENTITY  TO WHICH THE CONSOLIDATION PLAN APPLIES) HAVING PREVIOUSLY VOTED
TO CONSOLIDATE, SHALL THE  ELECTOR  INITIATED  CONSOLIDATION  PLAN  TAKE
EFFECT?
  YES ____
  NO _____"
  8.  THE  ELECTOR  INITIATED  CONSOLIDATION  PLAN SHALL NOT TAKE EFFECT
UNLESS A MAJORITY OF THE ELECTORS VOTING IN THE LOCAL GOVERNMENT  ENTITY
TO  WHICH THE PETITION APPLIES VOTE IN FAVOR OF SUCH PLAN TAKING EFFECT.
IF SUCH A MAJORITY VOTE DOES NOT RESULT, THE REFERENDUM SHALL  FAIL  AND
CONSOLIDATION SHALL NOT TAKE EFFECT.
  S  764. COURT-ORDERED CONSOLIDATION; MEDIATION; JUDICIAL HEARING OFFI-
CER.  1. IF THE GOVERNING BODY OR BODIES OF  LOCAL  GOVERNMENT  ENTITIES
WITH  A DUTY TO PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED CONSOL-
IDATION PLAN PURSUANT TO SECTION SEVEN HUNDRED SIXTY OF THIS TITLE  FAIL
TO PREPARE AND APPROVE SUCH PLAN OR ARE OTHERWISE UNABLE OR UNWILLING TO
ACCOMPLISH  AND COMPLETE THE CONSOLIDATION PURSUANT TO THE PROVISIONS OF
THIS TITLE, THEN ANY FIVE  ELECTORS  WHO  SIGNED  THE  PETITION  SEEKING
CONSOLIDATION  MAY  COMMENCE  A  SPECIAL PROCEEDING AGAINST THE ENTITIES
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW  AND  RULES,
IN  THE  SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE CONSOL-
IDATED LOCAL GOVERNMENT ENTITY OR THE GREATER PORTION OF  ITS  TERRITORY
WILL  BE LOCATED, TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS ARTI-
CLE.

S. 5661                            13

  2. IF THE COURT FINDS THAT THE GOVERNING BODY OR BODIES  ATTEMPTED  IN
GOOD  FAITH  TO PREPARE AND APPROVE A PROPOSED ELECTOR INITIATED CONSOL-
IDATION PLAN BUT WERE NEVERTHELESS  UNSUCCESSFUL,  THEN  THE  COURT  MAY
REFER SUCH MATTER TO MEDIATION PURSUANT TO LAW, WITH COSTS OF SUCH MEDI-
ATION  TO BE BORNE BY THE ENTITIES IN SUCH PROPORTION AS THE COURT SHALL
DETERMINE BASED ON APPROPRIATE FACTORS INCLUDING POPULATION AND THE GOOD
FAITH EFFORTS OF THE RESPECTIVE  ENTITIES.  IF  THE  GOVERNING  BODY  OR
BODIES  THEREUPON  PREPARE  AND  APPROVE  A  PROPOSED  ELECTOR INITIATED
CONSOLIDATION PLAN CONFORMING TO THE REQUIREMENTS OF SUBDIVISION TWO  OF
SECTION  SEVEN  HUNDRED  SIXTY  OF  THIS  TITLE,  THEN THE PROVISIONS OF
SECTIONS SEVEN HUNDRED SIXTY-ONE,  SEVEN  HUNDRED  SIXTY-TWO  AND  SEVEN
HUNDRED  SIXTY-THREE  OF THIS TITLE SHALL APPLY AS IF THE GOVERNING BODY
OR BODIES HAD PROPOSED SUCH PLAN WITHOUT THE  BENEFIT  OF  COURT-ORDERED
MEDIATION.
  3.  IN  ALL OTHER CASES, IF THE PETITIONERS IN SUCH SPECIAL PROCEEDING
SHALL SUBSTANTIALLY PREVAIL, THEN THE COURT SHALL  ISSUE  AN  INJUNCTION
ORDERING  THE  GOVERNING BODY OR BODIES OF THE LOCAL GOVERNMENT ENTITIES
TO COMPLY WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE. IF THE GOVERN-
ING BODY OR BODIES SHALL VIOLATE THE INJUNCTION, THEN  THE  COURT  SHALL
APPOINT  A  JUDICIAL  HEARING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF
THE CIVIL PRACTICE LAW AND RULES TO HEAR AND DETERMINE AN ELECTOR INITI-
ATED  CONSOLIDATION  PLAN  FOR  THE  ENTITIES  THAT  COMPLIES  WITH  THE
PROVISIONS  OF  SUBDIVISION  TWO  OF SECTION SEVEN HUNDRED SIXTY OF THIS
TITLE.
  4. THE FINAL DETERMINATION  OF  THE  JUDICIAL  HEARING  OFFICER  SHALL
CONSTITUTE  FINAL  APPROVAL  OF THE ELECTOR INITIATED CONSOLIDATION PLAN
AND PROVIDE SUCH PLAN TAKES EFFECT FORTY FIVE DAYS AFTER THE  FILING  OF
SUCH  DETERMINATION WITH THE CLERK OF THE COURT, UNLESS A PETITION FOR A
PERMISSIVE REFERENDUM  IS  PROPERLY  FILED  PURSUANT  TO  SECTION  SEVEN
HUNDRED SIXTY-THREE OF THIS TITLE.
  5. IN ANY PROCEEDING PURSUANT TO THIS SECTION IN WHICH THE PETITIONERS
SUBSTANTIALLY PREVAIL, THE COSTS OF SUCH PROCEEDING, INCLUDING THE COSTS
OF  ANY JUDICIAL HEARING OFFICER APPOINTED PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, SHALL BE BORNE BY THE LOCAL GOVERNMENT ENTITIES PROPOR-
TIONATELY, AT THE RATE PROVIDED FOR IN ARTICLE TWENTY-TWO OF THE JUDICI-
ARY LAW AND REGULATIONS PROMULGATED PURSUANT THERETO BASED ON  APPROPRI-
ATE  FACTORS,  INCLUDING, BUT NOT LIMITED TO, POPULATION AND THE COURT'S
FINDINGS REGARDING THE GOOD FAITH EFFORTS OF THE RESPECTIVE ENTITIES.
  S 765. GENERAL EFFECT OF CONSOLIDATION.  1. ON AND AFTER THE EFFECTIVE
DATE OF A CONSOLIDATION, THE  CONSOLIDATING  LOCAL  GOVERNMENT  ENTITIES
SHALL BE TREATED AND CONSIDERED FOR ALL PURPOSES AS ONE LOCAL GOVERNMENT
ENTITY,  UNDER THE NAME AND ON THE TERMS AND CONDITIONS SET FORTH IN THE
JOINT CONSOLIDATION AGREEMENT OR  THE  ELECTOR  INITIATED  CONSOLIDATION
PLAN, AS THE CASE MAY BE.
  2.  ALL  RIGHTS,  PRIVILEGES  AND  FRANCHISES  OF EACH COMPONENT LOCAL
GOVERNMENT ENTITY AND ALL ASSETS, REAL  AND  PERSONAL  PROPERTY,  BOOKS,
RECORDS, PAPERS, SEALS AND EQUIPMENT, AS WELL AS OTHER THINGS IN ACTION,
BELONGING  TO  EACH COMPONENT LOCAL GOVERNMENT ENTITY SHALL BE DEEMED AS
TRANSFERRED TO AND VESTED IN THE CONSOLIDATED  LOCAL  GOVERNMENT  ENTITY
WITHOUT FURTHER ACT OR DEED.
  3.  ALL PROPERTY, RIGHTS-OF-WAY AND OTHER INTERESTS SHALL BE AS EFFEC-
TUALLY THE PROPERTY OF THE CONSOLIDATED LOCAL GOVERNMENT ENTITY AS  THEY
WERE  OF  THE COMPONENT LOCAL GOVERNMENT ENTITIES PRIOR TO THEIR CONSOL-
IDATION. THE TITLE TO REAL ESTATE, EITHER BY DEED  OR  OTHERWISE,  UNDER
THE  LAWS  OF THE STATE OF NEW YORK VESTED IN ANY OF THE COMPONENT LOCAL

S. 5661                            14

GOVERNMENT ENTITIES SHALL NOT BE DEEMED TO  REVERT  OR  BE  IN  ANY  WAY
IMPAIRED BY REASON OF THE CONSOLIDATION.
  4.  THE  CONSOLIDATED LOCAL GOVERNMENT ENTITY SHALL IN ALL RESPECTS BE
SUBJECT TO ALL THE OBLIGATIONS AND LIABILITIES IMPOSED AND SHALL POSSESS
ALL THE RIGHTS, POWERS, AND PRIVILEGES VESTED BY LAW  IN  OTHER  SIMILAR
ENTITIES.
  5.  UPON  THE  EFFECTIVE  DATE OF THE CONSOLIDATION, THE JOINT CONSOL-
IDATION AGREEMENT OR THE ELECTOR INITIATED CONSOLIDATION  PLAN,  AS  THE
CASE MAY BE, SHALL BE SUBORDINATE IN ALL RESPECTS TO THE CONTRACT RIGHTS
OF  ALL HOLDERS OF ANY SECURITIES OR OBLIGATIONS OF THE LOCAL GOVERNMENT
ENTITIES OUTSTANDING AT THE EFFECTIVE DATE OF THE CONSOLIDATION.
  6. IF A JOINT CONSOLIDATION AGREEMENT  OR  ELECTOR  INITIATED  CONSOL-
IDATION  PLAN PROVIDES FOR THE DISSOLUTION OF A LOCAL JUSTICE COURT, ALL
COURT RECORDS OF SUCH COURT SHALL BE  DEPOSITED  WITH  A  JUSTICE  COURT
JUDGE  TO  BE  DESIGNATED  BY  THE  ADMINISTRATIVE JUDGE OF THE JUDICIAL
DISTRICT WITHIN WHICH THE  DISSOLVING  JUSTICE  COURT  IS  LOCATED.  THE
DESIGNATED  JUSTICE  COURT  JUDGE  SHALL  HAVE  AUTHORITY TO EXECUTE AND
COMPLETE ALL UNFINISHED BUSINESS.
  S 766. ELECTION AND APPOINTMENT OF OFFICIALS.   NEW OFFICIALS  OF  THE
CONSOLIDATED  LOCAL  GOVERNMENT ENTITY REQUIRED TO BE ELECTED SHALL TAKE
OFFICE ON THE FIRST MONDAY OF JANUARY FOLLOWING THE ELECTION  DESIGNATED
IN  THE JOINT CONSOLIDATION AGREEMENT OR ELECTOR INITIATED CONSOLIDATION
PLAN, AS THE CASE MAY BE. AT SUCH ELECTION, THE NECESSARY  OFFICIALS  OF
THE  CONSOLIDATED LOCAL GOVERNMENT ENTITY SHALL BE ELECTED IN ACCORDANCE
WITH THE TERMS OF THE GENERAL LAW AFFECTING  ENTITIES  OF  THE  KIND  OR
CLASS  OF  THE CONSOLIDATED LOCAL GOVERNMENT ENTITY. EXCEPT AS OTHERWISE
SPECIFIED IN THE JOINT  CONSOLIDATION  AGREEMENT  OR  ELECTOR  INITIATED
CONSOLIDATION  PLAN,  ALL APPOINTIVE OFFICIALS OF THE CONSOLIDATED LOCAL
GOVERNMENT ENTITY THEREAFTER SHALL BE APPOINTED  BY  THE  INDIVIDUAL  OR
ENTITY UPON WHOM THE POWER TO APPOINT SUCH OFFICIALS IS CONFERRED BY THE
TERMS  OF THE GENERAL LAW AFFECTING ENTITIES OF THE KIND OR CLASS OF THE
CONSOLIDATED LOCAL GOVERNMENT ENTITY.  SUCCESSORS  IN  OFFICE  FOR  SUCH
ELECTED  OR APPOINTED POSITIONS SHALL THEREAFTER BE ELECTED OR APPOINTED
AT THE TIME, IN THE MANNER AND FOR THE TERMS PROVIDED BY THE GENERAL LAW
AFFECTING ENTITIES OF THE  KIND  OR  CLASS  OF  THE  CONSOLIDATED  LOCAL
GOVERNMENT ENTITY.
  S  767.  EFFECT  OF  TRANSITION  ON  EMPLOYEES.    EXCEPT AS OTHERWISE
PROVIDED BY LAW AND EXCEPT FOR THOSE OFFICIALS AND  EMPLOYEES  PROTECTED
BY  TENURE  OF OFFICE, CIVIL SERVICE PROVISIONS OR COLLECTIVE BARGAINING
AGREEMENT, UPON THE EFFECTIVE  DATE  OF  CONSOLIDATION,  ALL  APPOINTIVE
OFFICES  AND  POSITIONS  THEN EXISTING IN ALL COMPONENT LOCAL GOVERNMENT
ENTITIES INVOLVED IN THE CONSOLIDATION SHALL BE SUBJECT TO THE TERMS  OF
THE  JOINT  CONSOLIDATION  AGREEMENT  OR ELECTOR INITIATED CONSOLIDATION
PLAN, AS THE CASE MAY  BE.  SUCH  AGREEMENT  OR  PLAN  MAY  PROVIDE  FOR
INSTANCES  IN  WHICH  THERE  IS  DUPLICATION  OF POSITIONS AND FOR OTHER
MATTERS SUCH AS VARYING LENGTH OF EMPLOYEE  CONTRACTS,  DIFFERENT  CIVIL
SERVICE  REGULATIONS IN THE CONSTITUENT ENTITIES AND DIFFERING RANKS AND
POSITION CLASSIFICATIONS FOR SIMILAR POSITIONS.
  S 768. DEBTS, LIABILITIES AND OBLIGATIONS.   1. ALL VALID  AND  LAWFUL
DEBTS  AND  LIABILITIES EXISTING AGAINST A CONSOLIDATED LOCAL GOVERNMENT
ENTITY, OR WHICH MAY THEREAFTER ARISE OR ACCRUE AGAINST THE CONSOLIDATED
LOCAL GOVERNMENT ENTITY, WHICH BUT FOR CONSOLIDATION WOULD BE VALID  AND
LAWFUL  DEBTS  OR LIABILITIES AGAINST ONE OR MORE OF THE COMPONENT LOCAL
GOVERNMENT ENTITIES, SHALL BE DEEMED AND TAKEN TO BE LIKE DEBTS  AGAINST
OR  LIABILITIES  OF  THE  CONSOLIDATED LOCAL GOVERNMENT ENTITY AND SHALL
ACCORDINGLY BE DEFRAYED AND ANSWERED TO BY IT TO THE SAME EXTENT, AND NO

S. 5661                            15

FURTHER THAN, THE COMPONENT LOCAL GOVERNMENT ENTITIES  WOULD  HAVE  BEEN
BOUND IF NO CONSOLIDATION HAD TAKEN PLACE.
  2.  THE  RIGHTS OF CREDITORS AND ALL LIENS UPON THE PROPERTY OF ANY OF
THE COMPONENT LOCAL GOVERNMENT ENTITIES  OF  A  CONSOLIDATION  SHALL  BE
PRESERVED  UNIMPAIRED. THE RESPECTIVE COMPONENT ENTITIES SHALL BE DEEMED
TO CONTINUE IN EXISTENCE TO PRESERVE SUCH  RIGHTS  AND  LIENS,  AND  ALL
DEBTS,  LIABILITIES  AND  DUTIES  OF ANY OF THE COMPONENT ENTITIES SHALL
THENCEFORTH ATTACH TO THE CONSOLIDATED LOCAL GOVERNMENT  ENTITY  AND  BE
ENFORCED AGAINST IT TO THE SAME EXTENT AS IF SUCH DEBTS, LIABILITIES AND
DUTIES HAD BEEN INCURRED OR CONTRACTED BY THE CONSOLIDATED LOCAL GOVERN-
MENT ENTITY.
  3.  ALL  BONDS,  CONTRACTS  AND  OBLIGATIONS OF THE COMPONENT ENTITIES
WHICH EXIST AS LEGAL OBLIGATIONS SHALL BE DEEMED LIKE OBLIGATIONS OF THE
CONSOLIDATED LOCAL GOVERNMENT ENTITY, AND ALL SUCH  OBLIGATIONS  AS  ARE
AUTHORIZED  OR  REQUIRED TO BE ISSUED OR ENTERED INTO SHALL BE ISSUED OR
ENTERED INTO BY AND IN THE NAME OF  THE  CONSOLIDATED  LOCAL  GOVERNMENT
ENTITY.
  S  769.  EFFECT  ON  EXISTING LAWS; TRANSITION PERIOD.  SUBJECT TO THE
PROVISIONS OF THE JOINT CONSOLIDATION  AGREEMENT  OR  ELECTOR  INITIATED
CONSOLIDATION  PLAN, AS THE CASE MAY BE, PERTAINING TO THE COMMON ADMIN-
ISTRATION AND UNIFORM ENFORCEMENT OF  LAWS  IN  THE  CONSOLIDATED  LOCAL
GOVERNMENT  ENTITY,  ALL LOCAL LAWS, ORDINANCES, RULES OR REGULATIONS OF
THE COMPONENT LOCAL GOVERNMENT ENTITIES IN EFFECT ON THE EFFECTIVE  DATE
OF  CONSOLIDATION  SHALL  REMAIN  IN  FULL  FORCE  AND EFFECT WITHIN THE
RESPECTIVE AREAS OF THE COMPONENT LOCAL GOVERNMENT ENTITIES THAT EXISTED
PRIOR TO CONSOLIDATION, INSOFAR AS THE LOCAL LAWS, ORDINANCES, RULES  OR
REGULATIONS  ARE  NOT  REPUGNANT  TO LAW, UNTIL REPEALED OR AMENDED.  AS
SOON AS PRACTICABLE BUT NOT LATER THAN TWO  YEARS  AFTER  THE  EFFECTIVE
DATE  OF  CONSOLIDATION,  THE  GOVERNING  BODY OF THE CONSOLIDATED LOCAL
GOVERNMENT ENTITY SHALL ADOPT NEW  LOCAL  LAWS,  ORDINANCES,  RULES  AND
REGULATIONS  AS  NECESSARY  TO  REDRESS  CONFLICTS AND OTHERWISE REDRESS
AMBIGUITIES ARISING AMONG THE THEN-EXISTING LAWS, ORDINANCES,  RULES  OR
REGULATIONS  FOR THE COMMON ADMINISTRATION AND UNIFORM GOVERNANCE OF THE
CONSOLIDATED LOCAL GOVERNMENT ENTITY.
  S 770. EFFECT ON ACTIONS AND PROCEEDINGS.  1. SUITS MAY BE BROUGHT AND
MAINTAINED AGAINST A CONSOLIDATED LOCAL GOVERNMENT ENTITY IN ANY OF  THE
COURTS  OF  THE  STATE  IN  THE  SAME  MANNER AS AGAINST ANY OTHER LOCAL
GOVERNMENT ENTITY.
  2. IN ANY ACTION OR  PROCEEDING  PENDING  ON  THE  EFFECTIVE  DATE  OF
CONSOLIDATION TO WHICH ANY COMPONENT LOCAL GOVERNMENT ENTITY IS A PARTY,
THE CONSOLIDATED LOCAL GOVERNMENT ENTITY MAY BE SUBSTITUTED IN ITS PLACE
AND THE ACTION OR PROCEEDING MAY BE PROSECUTED TO JUDGMENT AS IF CONSOL-
IDATION HAD NOT TAKEN PLACE.
  S  771.  REGISTRATION  OF  ELECTORS.   NO NEW REGISTRATION OF ELECTORS
SHALL BE NECESSARY IN CASE OF CONSOLIDATION, BUT ALL  ELECTOR  REGISTRA-
TIONS OF THE COMPONENT LOCAL GOVERNMENT ENTITIES SHALL BE TRANSFERRED TO
THE PROPER REGISTRATION BOOKS OF THE CONSOLIDATED LOCAL GOVERNMENT ENTI-
TY,  AND  NEW  REGISTRATIONS  SHALL  BE MADE AS PROVIDED BY LAW AS IF NO
CONSOLIDATION HAD TAKEN PLACE.
  S 772. DETERMINATION OF RIGHTS.   IF ANY  RIGHT,  TITLE,  INTEREST  OR
CLAIM  SHALL ARISE OUT OF ANY CONSOLIDATION OR BY REASON THEREOF THAT IS
NOT DETERMINABLE BY REFERENCE TO THE PROVISIONS OF THIS ARTICLE, BY  THE
JOINT  CONSOLIDATION  AGREEMENT OR ELECTOR INITIATED CONSOLIDATION PLAN,
AS THE CASE MAY BE, OR OTHERWISE UNDER THE LAWS OF THIS STATE, THEN  THE
GOVERNING  BODY  OF THE CONSOLIDATED LOCAL GOVERNMENT ENTITY MAY PROVIDE
THEREFORE IN A MANNER CONFORMING TO LAW.

S. 5661                            16

                                 TITLE 3
                DISSOLUTION OF LOCAL GOVERNMENT ENTITIES
SECTION 773. COMMENCING THE PROCEEDING.
        774. PROPOSED DISSOLUTION PLAN.
        775. PUBLICATION OF PROPOSED DISSOLUTION PLAN.
        776. PUBLIC HEARINGS ON PROPOSED DISSOLUTION PLAN.
        777. REFERENDUM RESOLUTION FOR DISSOLUTION OF VILLAGES.
        778. EFFECTIVE DATE OF DISSOLUTION PLAN.
        779. INITIATIVE OF ELECTORS SEEKING DISSOLUTION.
        780. CONDUCT OF REFERENDUM.
        781. CANVASSING OF VOTE; MORATORIUM ON FURTHER REFERENDUM.
        782. DUTY  TO  APPROVE  PROPOSED  ELECTOR  INITIATED DISSOLUTION
               PLAN.
        783. PUBLICATION OF PROPOSED ELECTOR INITIATED DISSOLUTION PLAN.
        784. PUBLIC HEARINGS ON PROPOSED ELECTOR  INITIATED  DISSOLUTION
               PLAN.
        785. EFFECTIVE  DATE  OF  ELECTOR  INITIATED  DISSOLUTION  PLAN;
               PERMISSIVE REFERENDUM.
        786. COURT-ORDERED DISSOLUTION; JUDICIAL HEARING OFFICER.
        787. WINDING DOWN THE AFFAIRS OF A  DISSOLVED  LOCAL  GOVERNMENT
               ENTITY.
        788. EFFECT  ON ACTIONS AND PROCEEDINGS; DISPOSITION OF RECORDS,
               BOOKS AND PAPERS.
        789. EFFECT ON EXISTING LAWS OF VILLAGE.
        790. DEBTS, LIABILITIES AND OBLIGATIONS.
  S 773. COMMENCING THE PROCEEDING.  1. A LOCAL GOVERNMENT ENTITY  OTHER
THAN  A  TOWN MAY BE DISSOLVED AND TERMINATED BY THE PROCEDURE DESCRIBED
IN THIS TITLE.
  2.  DISSOLUTION PROCEEDINGS MAY BE COMMENCED BY:
  (A)  A RESOLUTION OF THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY
TO BE DISSOLVED ENDORSING A PROPOSED DISSOLUTION PLAN; OR
  (B)  ELECTOR INITIATIVE.
  S 774. PROPOSED DISSOLUTION PLAN.  1. THE GOVERNING BODY  OF  A  LOCAL
GOVERNMENT  ENTITY  MAY,  BY  RESOLUTION, ENDORSE A PROPOSED DISSOLUTION
PLAN FOR THE PURPOSE OF COMMENCING DISSOLUTION  PROCEEDINGS  UNDER  THIS
ARTICLE.
  2. THE PROPOSED DISSOLUTION PLAN SHALL SPECIFY:
  (A)  THE NAME OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
  (B) THE TERRITORIAL BOUNDARIES OF THE ENTITY;
  (C) THE TYPE AND/OR CLASS OF THE ENTITY;
  (D) A FISCAL ESTIMATE OF THE COST OF DISSOLUTION;
  (E) ANY PLAN FOR THE TRANSFER OR ELIMINATION OF PUBLIC EMPLOYEES;
  (F)  THE  ENTITY'S  ASSETS,  INCLUDING  BUT  NOT  LIMITED  TO REAL AND
PERSONAL PROPERTY, AND THE FAIR VALUE THEREOF IN CURRENT  MONEY  OF  THE
UNITED STATES;
  (G)  THE  ENTITY'S LIABILITIES AND INDEBTEDNESS, BONDED AND OTHERWISE,
AND THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE UNITED STATES;
  (H) ANY AGREEMENTS ENTERED INTO WITH THE TOWN OR TOWNS  IN  WHICH  THE
ENTITY IS SITUATED IN ORDER TO CARRY OUT THE DISSOLUTION;
  (I)  THE  MANNER  AND  MEANS BY WHICH THE RESIDENTS OF THE ENTITY WILL
CONTINUE TO BE  FURNISHED  MUNICIPAL  SERVICES  FOLLOWING  THE  ENTITY'S
DISSOLUTION;
  (J)  TERMS FOR THE DISPOSITION OF THE ENTITY'S ASSETS AND THE DISPOSI-
TION OF  ITS  LIABILITIES  AND  INDEBTEDNESS,  INCLUDING  THE  LEVY  AND
COLLECTION OF THE NECESSARY TAXES AND ASSESSMENTS THEREFOR;

S. 5661                            17

  (K)  FINDINGS AS TO WHETHER ANY LOCAL LAWS, ORDINANCES, RULES OR REGU-
LATIONS OF THE ENTITY SHALL REMAIN IN EFFECT AFTER THE EFFECTIVE DATE OF
THE DISSOLUTION OR SHALL REMAIN IN EFFECT FOR A  PERIOD  OF  TIME  OTHER
THAN AS PROVIDED BY SECTION SEVEN HUNDRED EIGHTY-NINE OF THIS TITLE;
  (L) THE EFFECTIVE DATE OF THE PROPOSED DISSOLUTION;
  (M)  THE  TIME AND PLACE OR PLACES FOR A PUBLIC HEARING OR HEARINGS ON
THE PROPOSED DISSOLUTION PLAN PURSUANT TO SECTION SEVEN  HUNDRED  SEVEN-
TY-SIX OF THIS TITLE; AND
  (N)  ANY  OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE DISSOL-
UTION.
  S 775. PUBLICATION OF PROPOSED DISSOLUTION PLAN.  NO LATER  THAN  FIVE
BUSINESS  DAYS AFTER COMMENCEMENT OF DISSOLUTION PROCEEDINGS PURSUANT TO
SECTION SEVEN HUNDRED SEVENTY-FOUR OF THIS TITLE, THE GOVERNING BODY  OF
THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED SHALL:
  1.  CAUSE  A  COPY  OF  THE  PROPOSED  DISSOLUTION  PLAN, ALONG WITH A
DESCRIPTIVE SUMMARY THEREOF, TO BE DISPLAYED AND READILY  ACCESSIBLE  TO
THE PUBLIC FOR INSPECTION IN A PUBLIC PLACE OR PLACES WITHIN THE ENTITY;
  2.  CAUSE  THE  PROPOSED  DISSOLUTION  PLAN,  ALONG WITH A DESCRIPTIVE
SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE
ENTITY WHERE A COPY THEREOF MAY  BE  EXAMINED,  TO  BE  DISPLAYED  ON  A
WEBSITE MAINTAINED BY THE ENTITY OR OTHERWISE ON A WEBSITE MAINTAINED BY
THE VILLAGE, TOWN AND/OR COUNTY IN WHICH THE ENTITY IS LOCATED;
  3.  ARRANGE  TO  BE  PUBLISHED  A  DESCRIPTIVE SUMMARY OF THE PROPOSED
DISSOLUTION PLAN AND A REFERENCE TO THE PUBLIC PLACE  OR  PLACES  WITHIN
THE ENTITY WHERE A COPY THEREOF MAY BE EXAMINED, AT LEAST ONCE EACH WEEK
FOR  FOUR  SUCCESSIVE  WEEKS IN A NEWSPAPER HAVING A GENERAL CIRCULATION
WITHIN THE ENTITY; AND
  4. IN THE CASE OF A PROPOSED DISSOLUTION OF A VILLAGE,  THE  GOVERNING
BODY  OF  THE  VILLAGE  SHALL  CAUSE THE PROPOSED DISSOLUTION PLAN TO BE
MAILED BY CERTIFIED OR REGISTERED MAIL TO THE SUPERVISOR OF THE TOWN  OR
TOWNS IN WHICH THE VILLAGE IS SITUATED.
  S 776. PUBLIC HEARINGS ON PROPOSED DISSOLUTION PLAN.  1. THE GOVERNING
BODY OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED SHALL SET A TIME AND
PLACE  OR PLACES FOR ONE OR MORE PUBLIC HEARINGS ON THE PROPOSED DISSOL-
UTION PLAN.  THE HEARING OR HEARINGS SHALL BE HELD NO LESS THAN  THIRTY-
FIVE DAYS AND NO MORE THAN NINETY DAYS AFTER COMMENCEMENT OF DISSOLUTION
PROCEEDINGS  PURSUANT  TO  SECTION  SEVEN  HUNDRED  SEVENTY-FOUR OF THIS
TITLE.  ANY INTERESTED PERSON SHALL BE GIVEN A REASONABLE OPPORTUNITY TO
BE HEARD ON ANY ASPECT OF THE PROPOSED DISSOLUTION.
  2. THE PUBLIC HEARING OR HEARINGS SHALL BE HELD ON NOTICE OF AT  LEAST
TEN  DAYS,  BUT  NOT  MORE THAN TWENTY DAYS, PUBLISHED IN A NEWSPAPER OR
NEWSPAPERS HAVING GENERAL CIRCULATION WITHIN THE LOCAL GOVERNMENT ENTITY
TO BE DISSOLVED AND DISPLAYED ON A WEBSITE MAINTAINED BY THE  ENTITY  OR
OTHERWISE  ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN
WHICH THE ENTITY IS LOCATED. THE NOTICE OF THE HEARING OR HEARINGS SHALL
PROVIDE A DESCRIPTIVE SUMMARY OF THE PROPOSED  DISSOLUTION  PLAN  AND  A
REFERENCE  TO  THE PUBLIC PLACE OR PLACES WITHIN THE ENTITY WHERE A COPY
OF SUCH PLAN MAY BE EXAMINED.
  3. AFTER COMPLETION OF THE FINAL HEARING, THE GOVERNING  BODY  OF  THE
LOCAL  GOVERNMENT  ENTITY TO BE DISSOLVED MAY AMEND THE PROPOSED DISSOL-
UTION  PLAN,  PROVIDED  THAT  THE  AMENDED  VERSION  COMPLIES  WITH  THE
PROVISIONS  OF  SUBDIVISION TWO OF SECTION SEVEN HUNDRED SEVENTY-FOUR OF
THIS TITLE AND IS  PUBLICIZED  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
SECTION,  AND/OR  APPROVE  A  FINAL  VERSION OF THE DISSOLUTION PLAN, OR
DECLINE TO PROCEED FURTHER WITH DISSOLUTION PROCEEDINGS.   ANY  APPROVAL

S. 5661                            18

BY  THE  GOVERNING  BODY OF A FINAL VERSION OF THE DISSOLUTION PLAN MUST
OCCUR WITHIN ONE HUNDRED EIGHTY DAYS OF THE FINAL HEARING.
  4.  NO  LATER  THAN  FIVE  BUSINESS  DAYS  AFTER AMENDING THE PROPOSED
DISSOLUTION PLAN, THE GOVERNING BODY  OF  THE  ENTITY  TO  BE  DISSOLVED
SHALL:
  (A)  CAUSE  A  COPY OF THE AMENDED VERSION OF THE PROPOSED DISSOLUTION
PLAN, ALONG WITH A DESCRIPTIVE SUMMARY  THEREOF,  TO  BE  DISPLAYED  AND
READILY  ACCESSIBLE  TO  THE  PUBLIC FOR INSPECTION IN A PUBLIC PLACE OR
PLACES WITHIN THE ENTITY; AND
  (B) CAUSE THE AMENDED VERSION OF THE PROPOSED DISSOLUTION PLAN,  ALONG
WITH  A  DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE
OR PLACES WITHIN THE ENTITY WHERE A COPY THEREOF MAY BE EXAMINED, TO  BE
DISPLAYED  ON  A  WEBSITE  MAINTAINED  BY  THE  ENTITY OR OTHERWISE ON A
WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN WHICH THE ENTI-
TY IS LOCATED.
  S 777. REFERENDUM RESOLUTION FOR DISSOLUTION OF VILLAGES.    1.  IF  A
DISSOLUTION  PLAN CALLS FOR THE DISSOLUTION OF A VILLAGE, THEN CONTEMPO-
RANEOUS WITH THE FINAL APPROVAL OF  THE  DISSOLUTION  PLAN  PURSUANT  TO
SUBDIVISION  THREE  OF  SECTION SEVEN HUNDRED SEVENTY-SIX OF THIS TITLE,
THE GOVERNING BODY OF THE VILLAGE SHALL ENACT A RESOLUTION CALLING FOR A
REFERENDUM ON THE PROPOSED DISSOLUTION BY THE ELECTORS IN THE VILLAGE.
  2. THE RESOLUTION CALLING FOR THE REFERENDUM ON THE  PROPOSED  DISSOL-
UTION SHALL:
  (A)  PROVIDE (I) THE NAME OF THE VILLAGE TO BE DISSOLVED; AND (II) THE
DATE FOR THE REFERENDUM, IN ACCORDANCE WITH SUBDIVISION ONE  OF  SECTION
SEVEN HUNDRED EIGHTY OF THIS TITLE;
  (B)   STATE THE SUBSTANCE OF THE QUESTION TO BE SUBMITTED TO THE ELEC-
TORS; AND
  (C) SET FORTH SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL,  PROVIDE
FOR  AND  GIVE  NOTICE  OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT
THEREOF AND THE CANVASS OF THE RETURNS THEREUPON.
  3. THE RESOLUTION CALLING FOR THE REFERENDUM ON THE  PROPOSED  DISSOL-
UTION  SHALL  HAVE  ATTACHED  TO  IT  THE  FINAL APPROVED VERSION OF THE
DISSOLUTION PLAN.
  S 778. EFFECTIVE DATE OF DISSOLUTION PLAN.  A LOCAL GOVERNMENT  ENTITY
DISSOLVED  PURSUANT  TO A DISSOLUTION PLAN SHALL CONTINUE TO BE GOVERNED
AS BEFORE DISSOLUTION UNTIL THE EFFECTIVE DATE OF THE DISSOLUTION SPECI-
FIED IN THE DISSOLUTION PLAN; PROVIDED,  HOWEVER,  THAT  NO  DISSOLUTION
PLAN  FOR  A  VILLAGE SHALL TAKE EFFECT UNLESS APPROVED BY A MAJORITY OF
ELECTORS OF THE VILLAGE AT A  REFERENDUM  CALLED  THROUGH  A  RESOLUTION
ENACTED PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-SEVEN OF THIS TITLE.
  S 779. INITIATIVE OF ELECTORS SEEKING DISSOLUTION.  1. THE ELECTORS OF
A  LOCAL  GOVERNMENT  ENTITY  MAY  COMMENCE  A DISSOLUTION PROCEEDING BY
FILING AN ORIGINAL PETITION, CONTAINING NOT  LESS  THAN  THE  NUMBER  OF
SIGNATURES  PROVIDED  FOR  IN SUBDIVISION TWO OF THIS SECTION AND IN THE
FORM PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, WITH  THE  CLERK
OF  THE TOWN IN WHICH THE ENTITY OR THE GREATER PORTION OF ITS TERRITORY
IS LOCATED, EXCEPT THAT IF THE ENTITY IS A VILLAGE THE ORIGINAL PETITION
OF ELECTORS FROM THE VILLAGE SHALL  BE  FILED  WITH  THE  CLERK  OF  THE
VILLAGE. ACCOMPANYING THE FILED PETITION SHALL BE A COVER SHEET CONTAIN-
ING  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF AN INDIVIDUAL WHO SIGNED
THE PETITION AND WHO WILL SERVE AS A CONTACT PERSON.
  2. THE PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST  TEN  PERCENT
OF  THE NUMBER OF ELECTORS OR FIVE THOUSAND ELECTORS, WHICHEVER IS LESS,
IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED; PROVIDED, HOWEVER,  THAT
WHERE  THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED CONTAINS FIVE HUNDRED

S. 5661                            19

OR FEWER ELECTORS, THE PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST
TWENTY PERCENT OF THE NUMBER OF ELECTORS.  NO SIGNATURE ON A PETITION IS
VALID UNLESS IT IS AN ORIGINAL SIGNATURE OF AN ELECTOR.
  3. THE PETITION SHALL SUBSTANTIALLY COMPLY WITH, AND BE CIRCULATED IN,
THE FOLLOWING FORM:
                PETITION FOR LOCAL GOVERNMENT DISSOLUTION
  WE,  THE  UNDERSIGNED,  ELECTORS  AND  LEGAL VOTERS OF (INSERT TYPE OF
LOCAL GOVERNMENT ENTITY -- E.G., TOWN, VILLAGE OR DISTRICT)  OF  (INSERT
NAME  OF  LOCAL  GOVERNMENT  ENTITY), NEW YORK, QUALIFIED TO VOTE AT THE
NEXT GENERAL OR SPECIAL ELECTION, RESPECTFULLY PETITION  THAT  THERE  BE
SUBMITTED  TO  THE ELECTORS OF (INSERT TYPE AND NAME OF LOCAL GOVERNMENT
ENTITY PROPOSED TO BE DISSOLVED), FOR THEIR APPROVAL OR REJECTION  AT  A
REFERENDUM  HELD  FOR THAT PURPOSE, A PROPOSAL TO DISSOLVE AND TERMINATE
(INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITY).
  IN WITNESS WHEREOF, WE HAVE SIGNED OUR NAMES ON  THE  DATES  INDICATED
NEXT TO OUR SIGNATURES.
     DATE        NAME - PRINT NAME UNDER SIGNATURE         HOME ADDRESS
  1. ________      _________________________________         ____________
  2. ________      _________________________________         ____________
  3. ________      _________________________________         ____________
  (ON THE BOTTOM OF EACH PAGE OF THE PETITION, AFTER ALL OF THE NUMBERED
SIGNATURES,  INSERT A SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALI-
FIED ELECTOR OF THE STATE  OF  NEW  YORK.  SUCH  A  STATEMENT  SHALL  BE
ACCEPTED  FOR  ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
CONTAINS A MATERIAL FALSE STATEMENT, SHALL SUBJECT THE PERSON SIGNING IT
TO THE SAME PENALTIES AS IF HE OR SHE HAS BEEN DULY SWORN. THE  FORM  OF
SUCH STATEMENT SHALL BE SUBSTANTIALLY AS FOLLOWS:
  I, (INSERT NAME OF WITNESS), STATE THAT I AM A DULY QUALIFIED VOTER OF
THE  STATE  OF NEW YORK. EACH OF THE PERSONS THAT HAVE SIGNED THIS PETI-
TION SHEET CONTAINING (INSERT  NUMBER)  SIGNATURES,  HAVE  SIGNED  THEIR
NAMES  IN  MY PRESENCE ON THE DATES INDICATED ABOVE AND IDENTIFIED THEM-
SELVES TO BE THE SAME PERSON WHO SIGNED THE  SHEET.  I  UNDERSTAND  THAT
THIS STATEMENT WILL BE ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN
AFFIDAVIT,  AND  IF  IT  CONTAINS  A  MATERIALLY  FALSE STATEMENT, SHALL
SUBJECT ME TO THE PENALTIES OF PERJURY.
_________________  _________________________________
     DATE               SIGNATURE OF WITNESS)
  (IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY  QUALIFIED
VOTER  OF  THE  STATE  OF  NEW YORK, THE FOLLOWING STATEMENT SIGNED BY A
NOTARY PUBLIC OR A COMMISSIONER OF DEEDS SHALL BE ACCEPTED:
  ON THE DATE INDICATED ABOVE BEFORE ME  PERSONALLY  CAME  EACH  OF  THE
ELECTORS AND LEGAL VOTERS WHOSE SIGNATURES APPEAR ON THIS PETITION SHEET
CONTAINING  (INSERT  NUMBER)  SIGNATURES,  WHO SIGNED THE PETITION IN MY
PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF  OR  HERSELF,
IDENTIFIED  HIMSELF OR HERSELF AS THE ONE AND SAME PERSON WHO SIGNED THE
PETITION AND THAT THE FOREGOING INFORMATION THEY PROVIDED WAS TRUE.
_____________________       _________________________________
     DATE                NOTARY PUBLIC OR COMMISSIONER OF DEEDS)
  4.  AN  ALTERATION  OR  CORRECTION  OF  INFORMATION  APPEARING  ON   A
PETITION'S  SIGNATURE  LINE,  OTHER  THAN  AN UN-INITIALED SIGNATURE AND
DATE, SHALL NOT INVALIDATE SUCH SIGNATURE.
  5. IN MATTERS OF FORM, THIS SECTION SHALL BE LIBERALLY CONSTRUED,  NOT
INCONSISTENT  WITH  SUBSTANTIAL COMPLIANCE THERETO AND THE PREVENTION OF
FRAUD.
  6.  WITHIN TEN DAYS OF THE FILING OF THE PETITION SEEKING  DISSOLUTION
PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, THE CLERK WITH WHOM THE

S. 5661                            20

PETITION WAS FILED SHALL MAKE A FINAL DETERMINATION REGARDING THE SUFFI-
CIENCY OF THE SIGNATURES ON THE  PETITION  AND  PROVIDE  TIMELY  WRITTEN
NOTICE  OF  SUCH  DETERMINATION TO THE CONTACT PERSON NAMED IN THE COVER
SHEET  ACCOMPANYING  THE  PETITION. THE CONTACT PERSON OR ANY INDIVIDUAL
WHO SIGNED THE PETITION MAY SEEK JUDICIAL REVIEW OF  SUCH  DETERMINATION
IN  A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
LAW AND RULES.
  7. UPON THE CLERK'S DETERMINATION THAT THE PETITION CONTAINS NOT  LESS
THAN THE NUMBER OF SIGNATURES OF ELECTORS REQUIRED IN SUBDIVISION TWO OF
THIS  SECTION,  THE  GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO BE
DISSOLVED SHALL, NO LATER THAN THIRTY DAYS THEREAFTER,  ENACT  A  RESOL-
UTION IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION SEVEN HUNDRED SEVEN-
TY-SEVEN  OF THIS TITLE CALLING FOR A REFERENDUM ON THE PROPOSED DISSOL-
UTION BY THE ELECTORS IN THE ENTITY AND SET A DATE FOR SUCH REFERENDUM.
  S 780. CONDUCT OF REFERENDUM.  1. A REFERENDUM ON A  PROPOSED  DISSOL-
UTION  REQUIRED BY SECTIONS SEVEN HUNDRED SEVENTY-SEVEN OR SEVEN HUNDRED
SEVENTY-NINE OF THIS TITLE SHALL BE PLACED BEFORE THE  ELECTORS  IN  THE
LOCAL GOVERNMENT ENTITY TO BE DISSOLVED AT A SPECIAL ELECTION TO BE HELD
NOT  LESS  THAN  SIXTY OR MORE THAN NINETY DAYS AFTER THE ENACTMENT OF A
RESOLUTION CALLING FOR THE REFERENDUM, PROVIDED, HOWEVER, THAT IN  CASES
WHERE  A  TOWN OR VILLAGE GENERAL ELECTION FALLS WITHIN SUCH PERIOD, THE
REFERENDUM QUESTION MAY BE CONSIDERED DURING A TOWN OR  VILLAGE  GENERAL
ELECTION.
  2.  NOTICE  OF  THE  REFERENDUM  SHALL BE GIVEN TO THE ELECTORS OF THE
LOCAL GOVERNMENT ENTITY TO BE DISSOLVED BY PUBLICATION  IN  A  NEWSPAPER
HAVING  A  GENERAL  CIRCULATION  WITHIN  THE BOUNDARIES OF THE ENTITY AT
LEAST ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IMMEDIATELY  PRIOR  TO  THE
REFERENDUM. THE NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  SUMMARY OF THE CONTENTS OF THE RESOLUTION AND DISSOLUTION PLAN
OR PETITION FOR DISSOLUTION, AS THE CASE MAY BE;
  (B) A STATEMENT AS TO WHERE MAY BE EXAMINED COPIES OF  THE  RESOLUTION
AND DISSOLUTION PLAN OR PETITION FOR DISSOLUTION, AS THE CASE MAY BE;
  (C)  THE  NAME  OF  THE  LOCAL GOVERNMENT ENTITY TO BE DISSOLVED AND A
STATEMENT FULLY DESCRIBING ITS TERRITORY;
  (D) THE TIME AND PLACE OR PLACES AT WHICH THE REFERENDUM WILL BE HELD;
AND
  (E) SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL,  PROVIDE  FOR  AND
GIVE NOTICE OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT THEREOF AND
THE CANVASS OF THE RETURNS THEREUPON.
  3.  THE  REFERENDUM  QUESTION  PLACED BEFORE THE ELECTORS OF THE LOCAL
GOVERNMENT ENTITY TO BE DISSOLVED SHALL BE IN A  FORM  READING  SUBSTAN-
TIALLY AS FOLLOWS:
  "SHALL (INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITY) BE DISSOLVED?
  YES ____
  NO ____"
  4. IN ANY REFERENDUM HELD PURSUANT TO THIS TITLE, THE LOCAL GOVERNMENT
ENTITY  TO BE DISSOLVED SHALL BEAR THE COSTS ASSOCIATED WITH THE CONDUCT
OF SUCH REFERENDUM.
  5. IN ANY REFERENDUM HELD PURSUANT TO THIS TITLE, AND EXCEPT AS OTHER-
WISE SPECIFIED HEREIN, THE REFERENDUM SHALL BE  CONDUCTED  IN  THE  SAME
MANNER AS OTHER MUNICIPAL ELECTIONS OR REFERENDUMS FOR THE LOCAL GOVERN-
MENT ENTITY AFFECTED BY THE PROPOSED DISSOLUTION.
  S  781.  CANVASSING  OF VOTE; MORATORIUM ON FURTHER REFERENDUM.  1. IN
ANY REFERENDUM HELD PURSUANT TO THIS TITLE, THE BALLOTS  CAST  SHALL  BE
COUNTED,  RETURNS  MADE  AND CANVASSED AND RESULTS CERTIFIED IN THE SAME

S. 5661                            21

MANNER AS OTHER MUNICIPAL ELECTIONS OR REFERENDUMS FOR THE LOCAL GOVERN-
MENT ENTITY AFFECTED BY THE PROPOSED DISSOLUTION.
  2. DISSOLUTION SHALL NOT TAKE EFFECT UNLESS A MAJORITY OF THE ELECTORS
VOTING  IN  THE  LOCAL GOVERNMENT ENTITY IN WHICH THE REFERENDUM IS HELD
VOTE IN FAVOR OF DISSOLUTION. IF SUCH A MAJORITY VOTE DOES  NOT  RESULT,
THE REFERENDUM SHALL FAIL AND DISSOLUTION SHALL NOT TAKE EFFECT.
  3.  IF DISSOLUTION IS APPROVED BY A MAJORITY OF THE ELECTORS VOTING IN
THE LOCAL GOVERNMENT ENTITY IN WHICH THE  REFERENDUM  IS  HELD,  CERTIF-
ICATES  OF  SUCH RESULT IMMEDIATELY SHALL BE FILED WITH THE SECRETARY OF
STATE AND WITH THE CLERKS OF THE LOCAL GOVERNMENT ENTITY OR ENTITIES AND
COUNTY IN WHICH IS SITUATED ANY PART OF THE ENTITY TO BE DISSOLVED.
  4. IF THE REFERENDUM SHALL FAIL, THE DISSOLUTION PROCESS SPECIFIED  BY
THIS TITLE SHALL NOT BE INITIATED FOR THE LOCAL GOVERNMENT ENTITY WITHIN
FOUR  YEARS  OF  THE DATE OF SUCH REFERENDUM. THIS SUBDIVISION, HOWEVER,
DOES NOT APPLY TO A PERMISSIVE REFERENDUM CONDUCTED PURSUANT TO  SECTION
SEVEN HUNDRED EIGHTY-FIVE OF THIS TITLE.
  S  782.  DUTY  TO APPROVE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN.
1. IN THE CASE OF A PROPOSED DISSOLUTION OF A  LOCAL  GOVERNMENT  ENTITY
PROPERLY  INITIATED  BY  PETITION  OF ELECTORS PURSUANT TO SECTION SEVEN
HUNDRED SEVENTY-NINE OF THIS TITLE, IF A MAJORITY OF THE ELECTORS VOTING
AT A REFERENDUM VOTE IN FAVOR OF  DISSOLUTION,  THE  ENTITY'S  GOVERNING
BODY  SHALL MEET WITHIN THIRTY DAYS AFTER CERTIFICATION OF THE FAVORABLE
VOTE AND, WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH  MEETING,  PREPARE  AND
APPROVE A PROPOSED ELECTOR INITIATED DISSOLUTION PLAN.
  2. THE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN SHALL SPECIFY:
  (A) THE NAME OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED;
  (B) THE TERRITORIAL BOUNDARIES OF THE ENTITY;
  (C) THE TYPE AND/OR CLASS OF THE ENTITY;
  (D) A FISCAL ESTIMATE OF THE COST OF DISSOLUTION;
  (E) ANY PLAN FOR THE TRANSFER OR ELIMINATION OF PUBLIC EMPLOYEES;
  (F)  THE  ENTITY'S  ASSETS,  INCLUDING  BUT  NOT  LIMITED  TO REAL AND
PERSONAL PROPERTY, AND THE FAIR VALUE THEREOF IN CURRENT  MONEY  OF  THE
UNITED STATES;
  (G)  THE  ENTITY'S LIABILITIES AND INDEBTEDNESS, BONDED AND OTHERWISE,
AND THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE UNITED STATES;
  (H) ANY AGREEMENTS ENTERED INTO WITH THE TOWN OR TOWNS  IN  WHICH  THE
ENTITY IS SITUATED IN ORDER TO CARRY OUT THE DISSOLUTION;
  (I)  THE  MANNER  AND  MEANS BY WHICH THE RESIDENTS OF THE ENTITY WILL
CONTINUE TO BE  FURNISHED  MUNICIPAL  SERVICES  FOLLOWING  THE  ENTITY'S
DISSOLUTION;
  (J)  TERMS FOR THE DISPOSITION OF THE ENTITY'S ASSETS AND THE DISPOSI-
TION OF  ITS  LIABILITIES  AND  INDEBTEDNESS,  INCLUDING  THE  LEVY  AND
COLLECTION OF THE NECESSARY TAXES AND ASSESSMENTS THEREFOR;
  (K)  FINDINGS AS TO WHETHER ANY LOCAL LAWS, ORDINANCES, RULES OR REGU-
LATIONS OF THE ENTITY SHALL REMAIN IN EFFECT AFTER THE EFFECTIVE DATE OF
THE DISSOLUTION OR SHALL REMAIN IN EFFECT FOR A  PERIOD  OF  TIME  OTHER
THAN AS PROVIDED BY SECTION SEVEN HUNDRED EIGHTY-NINE OF THIS TITLE;
  (L) THE EFFECTIVE DATE OF THE DISSOLUTION;
  (M)  THE  TIME AND PLACE OR PLACES FOR A PUBLIC HEARING OR HEARINGS ON
SUCH PROPOSED DISSOLUTION PLAN PURSUANT TO SECTION SEVEN HUNDRED  EIGHT-
Y-FOUR OF THIS TITLE; AND
  (N)  ANY  OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE DISSOL-
UTION.
  S 783. PUBLICATION OF PROPOSED ELECTOR INITIATED DISSOLUTION PLAN.  NO
LATER THAN FIVE BUSINESS  DAYS  AFTER  APPROVING  AN  ELECTOR  INITIATED
DISSOLUTION  PLAN  PURSUANT  TO SECTION SEVEN HUNDRED EIGHTY-TWO OF THIS

S. 5661                            22

TITLE, THE GOVERNING BODY OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED
SHALL:
  1.  CAUSE  A  COPY OF THE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN,
ALONG WITH A DESCRIPTIVE SUMMARY THEREOF, TO BE  DISPLAYED  AND  READILY
ACCESSIBLE  TO  THE  PUBLIC  FOR  INSPECTION IN A PUBLIC PLACE OR PLACES
WITHIN THE ENTITY;
  2. CAUSE THE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN, ALONG WITH A
DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR PLAC-
ES WITHIN THE ENTITY WHERE  A  COPY  THEREOF  MAY  BE  EXAMINED,  TO  BE
DISPLAYED  ON  A  WEBSITE  MAINTAINED  BY  THE  ENTITY OR OTHERWISE ON A
WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN WHICH THE ENTI-
TY IS LOCATED; AND
  3. ARRANGE TO BE PUBLISHED A DESCRIPTIVE SUMMARY OF THE PROPOSED ELEC-
TOR INITIATED DISSOLUTION PLAN AND A REFERENCE TO THE  PUBLIC  PLACE  OR
PLACES  WITHIN THE ENTITY WHERE A COPY THEREOF MAY BE EXAMINED, AT LEAST
ONCE EACH WEEK FOR FOUR SUCCESSIVE WEEKS IN A NEWSPAPER HAVING A GENERAL
CIRCULATION WITHIN THE ENTITY; AND
  4. IN THE CASE OF A PROPOSED DISSOLUTION OF A VILLAGE,  THE  GOVERNING
BODY  OF  THE VILLAGE SHALL CAUSE THE PROPOSED ELECTOR INITIATED DISSOL-
UTION PLAN TO BE MAILED BY CERTIFIED OR REGISTERED MAIL TO THE  SUPERVI-
SOR OF THE TOWN OR TOWNS IN WHICH THE VILLAGE IS SITUATED.
  S 784. PUBLIC HEARINGS ON PROPOSED ELECTOR INITIATED DISSOLUTION PLAN.
1.  THE  GOVERNING  BODY  OF THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED
SHALL SET A TIME AND PLACE OR PLACES FOR ONE OR MORE PUBLIC HEARINGS  ON
THE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN. THE HEARING OR HEARINGS
SHALL BE HELD NO LESS THAN THIRTY-FIVE DAYS AND NO MORE THAN NINETY DAYS
AFTER THE PROPOSED ELECTOR INITIATED DISSOLUTION PLAN IS APPROVED PURSU-
ANT  TO  SECTION  SEVEN HUNDRED EIGHTY-TWO OF THIS TITLE. ANY INTERESTED
PERSON SHALL BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON ANY ASPECT
OF THE PROPOSED DISSOLUTION.
  2. THE PUBLIC HEARING OR HEARINGS SHALL BE HELD ON NOTICE OF AT  LEAST
TEN  DAYS,  BUT  NOT  MORE THAN TWENTY DAYS, PUBLISHED IN A NEWSPAPER OR
NEWSPAPERS HAVING GENERAL CIRCULATION WITHIN THE LOCAL GOVERNMENT ENTITY
TO BE DISSOLVED AND DISPLAYED ON A WEBSITE MAINTAINED BY THE  ENTITY  OR
OTHERWISE  ON A WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR COUNTY IN
WHICH THE ENTITY IS LOCATED. THE NOTICE OF THE HEARING OR HEARINGS SHALL
PROVIDE A DESCRIPTIVE SUMMARY OF THE PROPOSED ELECTOR INITIATED  DISSOL-
UTION  PLAN,  AND  A  REFERENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE
ENTITY WHERE A COPY OF SUCH PLAN MAY BE EXAMINED.
  3. AFTER COMPLETION OF THE FINAL HEARING, THE GOVERNING  BODY  OF  THE
LOCAL  GOVERNMENT  ENTITY TO BE DISSOLVED MAY AMEND THE PROPOSED ELECTOR
INITIATED DISSOLUTION PLAN, PROVIDED THAT THE AMENDED  VERSION  COMPLIES
WITH  THE PROVISIONS OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED EIGHTY-
TWO OF THIS TITLE AND IS PUBLICIZED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION. THE GOVERNING BODY MUST APPROVE A FINAL VERSION OF THE  ELECTOR
INITIATED DISSOLUTION PLAN WITHIN SIXTY DAYS OF SUCH FINAL HEARING.
  4.  NO LATER THAN FIVE BUSINESS DAYS AFTER AMENDING THE PROPOSED ELEC-
TOR INITIATED DISSOLUTION PLAN, THE GOVERNING BODY OF THE LOCAL  GOVERN-
MENT ENTITY TO BE DISSOLVED SHALL:
  (A) CAUSE A COPY OF THE AMENDED VERSION OF THE PROPOSED ELECTOR INITI-
ATED  DISSOLUTION  PLAN, ALONG WITH A DESCRIPTIVE SUMMARY THEREOF, TO BE
DISPLAYED AND READILY ACCESSIBLE TO  THE  PUBLIC  FOR  INSPECTION  IN  A
PUBLIC PLACE OR PLACES WITHIN THE ENTITY; AND
  (B)  CAUSE  THE  AMENDED  VERSION  OF  THE  PROPOSED ELECTOR INITIATED
DISSOLUTION PLAN, ALONG WITH A DESCRIPTIVE SUMMARY THEREOF AND A  REFER-
ENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE ENTITY WHERE A COPY THERE-

S. 5661                            23

OF MAY BE EXAMINED, TO BE DISPLAYED ON A WEBSITE MAINTAINED BY THE ENTI-
TY  OR  OTHERWISE  ON  A  WEBSITE MAINTAINED BY THE VILLAGE, TOWN AND/OR
COUNTY IN WHICH THE ENTITY IS LOCATED.
  S  785.  EFFECTIVE DATE OF ELECTOR INITIATED DISSOLUTION PLAN; PERMIS-
SIVE REFERENDUM.  1. A LOCAL GOVERNMENT ENTITY DISSOLVED PURSUANT TO  AN
ELECTOR  INITIATED  DISSOLUTION  PLAN  SHALL  CONTINUE TO BE GOVERNED AS
BEFORE DISSOLUTION UNTIL THE EFFECTIVE DATE OF THE DISSOLUTION SPECIFIED
IN THE ELECTOR INITIATED DISSOLUTION PLAN, WHICH DATE SHALL BE  NO  LESS
THAN  FORTY-FIVE  DAYS  AFTER  FINAL  APPROVAL  OF SUCH PLAN PURSUANT TO
SUBDIVISION THREE OF SECTION SEVEN HUNDRED  EIGHTY-FOUR  OR  SUBDIVISION
THREE OF SECTION SEVEN HUNDRED EIGHTY-SIX OF THIS TITLE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE ELECTOR INITI-
ATED DISSOLUTION PLAN SHALL NOT TAKE EFFECT IF, NO LATER THAN FORTY-FIVE
DAYS  AFTER FINAL APPROVAL OF SUCH PLAN PURSUANT TO SUBDIVISION THREE OF
SECTION SEVEN HUNDRED EIGHTY-FOUR OR SUBDIVISION THREE OF SECTION  SEVEN
HUNDRED EIGHTY-SIX OF THIS TITLE, ELECTORS OF THE LOCAL GOVERNMENT ENTI-
TY TO BE DISSOLVED SHALL:
  (A)  FILE AN ORIGINAL PETITION, CONTAINING NOT LESS THAN THE NUMBER OF
SIGNATURES  PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION, SEEKING A
REFERENDUM ON THE QUESTION WHETHER  THE  ELECTOR  INITIATED  DISSOLUTION
PLAN  SHALL  TAKE EFFECT, WITH THE CLERK OF THE TOWN IN WHICH THE ENTITY
OR THE GREATER PORTION OF ITS TERRITORY IS LOCATED, EXCEPT THAT  IF  THE
ENTITY  IS  A VILLAGE THE ORIGINAL PETITION OF ELECTORS FROM THE VILLAGE
SHALL BE FILED WITH THE CLERK OF THE VILLAGE; AND
  (B) THEREAFTER LESS THAN A MAJORITY OF THE ELECTORS VOTE IN THE AFFIR-
MATIVE ON SUCH QUESTION AT A REFERENDUM.
  3. THE PETITION SHALL  BE  CIRCULATED,  SIGNED  AND  AUTHENTICATED  IN
SUBSTANTIAL  COMPLIANCE  WITH  THE  PROVISIONS  OF SECTION SEVEN HUNDRED
SEVENTY-NINE OF THIS TITLE, SHALL CONTAIN THE  SIGNATURES  OF  AT  LEAST
TWENTY-FIVE  PERCENT OF THE NUMBER OF ELECTORS OR FIFTEEN THOUSAND ELEC-
TORS, WHICHEVER IS LESS, IN THE LOCAL GOVERNMENT ENTITY TO BE DISSOLVED,
AND SHALL BE ACCOMPANIED BY A COVER SHEET CONTAINING THE  NAME,  ADDRESS
AND  TELEPHONE  NUMBER  OF AN INDIVIDUAL WHO SIGNED THE PETITION AND WHO
WILL SERVE AS A CONTACT PERSON.
  4. WITHIN TEN DAYS OF THE FILING OF THE PETITION SEEKING A  REFERENDUM
ON WHETHER THE ELECTOR INITIATED DISSOLUTION PLAN SHALL TAKE EFFECT, THE
CLERK  WITH WHOM THE PETITION WAS FILED SHALL MAKE A FINAL DETERMINATION
REGARDING THE SUFFICIENCY OF THE NUMBER OF SIGNATURES  ON  THE  PETITION
AND  PROVIDE  TIMELY WRITTEN NOTICE OF SUCH DETERMINATION TO THE CONTACT
PERSON NAMED IN THE COVER SHEET ACCOMPANYING THE PETITION.  THE  CONTACT
PERSON  OR  ANY  INDIVIDUAL  WHO  SIGNED  THE PETITION MAY SEEK JUDICIAL
REVIEW OF SUCH DETERMINATION IN A PROCEEDING PURSUANT TO ARTICLE  SEVEN-
TY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES. UPON THE CLERK'S DETERMI-
NATION THAT THE PETITION CONTAINS NO LESS THAN THE  REQUIRED  NUMBER  OF
SIGNATURES,  THE  GOVERNING  BODY  OF  THE LOCAL GOVERNMENT ENTITY TO BE
DISSOLVED SHALL WITHIN THIRTY DAYS ENACT  A  RESOLUTION  CALLING  FOR  A
REFERENDUM BY THE ELECTORS ON THE QUESTION WHETHER THE ELECTOR INITIATED
DISSOLUTION PLAN SHALL TAKE EFFECT AND SET A DATE FOR SUCH REFERENDUM IN
ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
  5.  THE  REFERENDUM  ON  THE  QUESTION  WHETHER  THE ELECTOR INITIATED
DISSOLUTION PLAN SHALL TAKE EFFECT  SHALL  BE  SUBMITTED  AT  A  SPECIAL
ELECTION  TO  BE HELD NOT LESS THAN SIXTY OR MORE THAN NINETY DAYS AFTER
ENACTMENT OF A RESOLUTION PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION,
PROVIDED,  HOWEVER,  THAT  IN  CASES  WHERE  A  TOWN  OR VILLAGE GENERAL
ELECTION FALLS WITHIN  SUCH  PERIOD,  THE  REFERENDUM  QUESTION  MAY  BE
CONSIDERED DURING A TOWN OR VILLAGE GENERAL ELECTION.

S. 5661                            24

  6.  NOTICE  OF  THE  REFERENDUM  SHALL BE GIVEN TO THE ELECTORS OF THE
LOCAL GOVERNMENT ENTITY TO BE DISSOLVED BY PUBLICATION  IN  A  NEWSPAPER
HAVING  A  GENERAL  CIRCULATION  WITHIN  THE BOUNDARIES OF THE ENTITY AT
LEAST ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IMMEDIATELY  PRIOR  TO  THE
REFERENDUM. THE NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A SUMMARY OF THE CONTENTS OF THE RESOLUTION AND ELECTOR INITIATED
DISSOLUTION PLAN;
  (B)  A STATEMENT AS TO WHERE MAY BE EXAMINED A COPY OF THE  RESOLUTION
AND ELECTOR INITIATED DISSOLUTION PLAN;
  (C)    THE  TIME  AND  PLACE OR PLACES AT WHICH THE REFERENDUM WILL BE
HELD, IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION; AND
  (D) SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL,  PROVIDE  FOR  AND
GIVE NOTICE OF THE REFERENDUM AND TO PROVIDE FOR THE CONDUCT THEREOF AND
THE CANVASS OF THE RETURNS THEREUPON.
  7.    IN  A  REFERENDUM  HELD PURSUANT TO THIS SECTION, THE REFERENDUM
QUESTION SHALL BE PLACED BEFORE THE ELECTORS  OF  THE  LOCAL  GOVERNMENT
ENTITY TO BE DISSOLVED IN A FORM READING SUBSTANTIALLY AS FOLLOWS:
  "THE VOTERS OF THE (INSERT TYPE AND NAME OF LOCAL GOVERNMENT ENTITY TO
BE  DISSOLVED)  HAVING  PREVIOUSLY  VOTED TO DISSOLVE, SHALL THE ELECTOR
INITIATED DISSOLUTION PLAN TAKE EFFECT?
  YES ____
  NO ____"
  8.   THE ELECTOR INITIATED DISSOLUTION  PLAN  SHALL  NOT  TAKE  EFFECT
UNLESS  A MAJORITY OF THE ELECTORS VOTING IN THE LOCAL GOVERNMENT ENTITY
TO WHICH THE PETITION APPLIES VOTES IN FAVOR OF DISSOLUTION. IF  SUCH  A
MAJORITY VOTE DOES NOT RESULT, THE REFERENDUM SHALL FAIL AND DISSOLUTION
SHALL NOT TAKE EFFECT.
  S  786.  COURT-ORDERED  DISSOLUTION; JUDICIAL HEARING OFFICER.  1.  IF
THE GOVERNING BODY OF A LOCAL GOVERNMENT ENTITY WITH A DUTY  TO  PREPARE
AND  APPROVE  A  PROPOSED ELECTOR INITIATED DISSOLUTION PLAN PURSUANT TO
SECTION SEVEN HUNDRED EIGHTY-TWO OF THIS  TITLE  FAILS  TO  PREPARE  AND
APPROVE  SUCH PLAN OR IS OTHERWISE UNABLE OR UNWILLING TO ACCOMPLISH AND
COMPLETE THE DISSOLUTION PURSUANT TO THE  PROVISIONS  OF  THIS  ARTICLE,
THEN  ANY  FIVE ELECTORS WHO SIGNED THE PETITION SEEKING DISSOLUTION MAY
COMMENCE A SPECIAL PROCEEDING AGAINST THE  ENTITY  PURSUANT  TO  ARTICLE
SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT
WITHIN THE JUDICIAL DISTRICT IN WHICH THE ENTITY OR THE GREATER  PORTION
OF ITS TERRITORY IS LOCATED, TO COMPEL COMPLIANCE WITH THE PROVISIONS OF
THIS ARTICLE.
  2.   IF THE PETITIONERS IN SUCH SPECIAL PROCEEDING SHALL SUBSTANTIALLY
PREVAIL, THEN THE COURT SHALL ISSUE AN INJUNCTION ORDERING THE GOVERNING
BODY TO COMPLY WITH THE APPLICABLE PROVISIONS OF THIS  ARTICLE.  IF  THE
GOVERNING  BODY VIOLATES THE INJUNCTION, THE COURT SHALL APPOINT A HEAR-
ING OFFICER PURSUANT TO ARTICLE FORTY-THREE OF THE  CIVIL  PRACTICE  LAW
AND  RULES  TO  HEAR AND DETERMINE AN ELECTOR INITIATED DISSOLUTION PLAN
FOR THE ENTITY THAT COMPLIES WITH THE PROVISIONS OF SUBDIVISION  TWO  OF
SECTION SEVEN HUNDRED EIGHTY-TWO OF THIS TITLE.
  3.    THE  FINAL  DETERMINATION  OF THE JUDICIAL HEARING OFFICER SHALL
CONSTITUTE THE FINAL APPROVAL OF THE ELECTOR INITIATED DISSOLUTION  PLAN
AND PROVIDE THAT SUCH PLAN TAKES EFFECT FORTY-FIVE DAYS AFTER THE FILING
OF  SUCH DETERMINATION, UNLESS A PETITION FOR A PERMISSIVE REFERENDUM IS
PROPERLY FILED PURSUANT TO SECTION SEVEN  HUNDRED  EIGHTY-FIVE  OF  THIS
TITLE.
  4.   IN ANY PROCEEDING PURSUANT TO THIS SECTION IN WHICH THE PETITION-
ERS SUBSTANTIALLY PREVAIL, THE COSTS OF SUCH PROCEEDING,  INCLUDING  THE
COSTS  OF ANY JUDICIAL HEARING OFFICER APPOINTED PURSUANT TO SUBDIVISION

S. 5661                            25

TWO OF THIS SECTION, SHALL BE BORNE BY THE LOCAL  GOVERNMENT  ENTITY  AT
THE  RATE  PROVIDED  FOR  IN ARTICLE TWENTY-TWO OF THE JUDICIARY LAW AND
REGULATIONS PROMULGATED PURSUANT THERETO.
  S  787. WINDING DOWN THE AFFAIRS OF A DISSOLVED LOCAL GOVERNMENT ENTI-
TY.  1. UPON THE SUCCESSFUL COMPLETION OF DISSOLUTION PROCEEDINGS PURSU-
ANT TO THIS TITLE, THE GOVERNING BODY OF THE DISSOLVING LOCAL GOVERNMENT
ENTITY SHALL WIND DOWN THE AFFAIRS THEREOF, DISPOSE OF ITS  PROPERTY  AS
PROVIDED  BY  LAW,  MAKE  PROVISIONS FOR THE PAYMENT OF ALL INDEBTEDNESS
THEREOF AND FOR THE PERFORMANCE OF ITS CONTRACTS AND  OBLIGATIONS,  AND,
IF  APPLICABLE  AND APPROPRIATE UNDER LAW, LEVY TAXES AND ASSESSMENTS AS
NECESSARY TO ACCOMPLISH THE DISSOLUTION.
  2. IN FURTHERANCE OF ITS DUTY TO WIND DOWN THE AFFAIRS  OF  THE  LOCAL
GOVERNMENT ENTITY, THE GOVERNING BODY SHALL CAUSE NOTICE TO BE GIVEN, IN
THE  SAME  MANNER  AS NOTICE FOR A PROPOSED DISSOLUTION PLAN PURSUANT TO
SECTION SEVEN HUNDRED SEVENTY-FIVE OF THIS TITLE, REQUIRING  ALL  CLAIMS
AGAINST  THE  DISSOLVING  LOCAL  GOVERNMENT ENTITY, EXCLUDING ANY OF ITS
OUTSTANDING SECURITIES, TO BE FILED WITHIN A TIME FIXED IN  THE  NOTICE,
BUT  NOT  LESS THAN THREE MONTHS OR MORE THAN SIX MONTHS, AND ALL CLAIMS
NOT SO FILED SHALL BE FOREVER BARRED. AT THE EXPIRATION OF SUCH TIME THE
GOVERNING BODY SHALL ADJUDICATE CLAIMS SO FILED, AND ANY RESIDENT OF THE
ENTITY AT THE TIME OF THE EFFECTIVE DATE OF THE DISSOLUTION  MAY  APPEAR
AND  DEFEND AGAINST ANY CLAIM SO FILED, OR THE GOVERNING BODY MAY IN ITS
DISCRETION APPOINT SOME PERSON FOR THAT PURPOSE.
  S 788. EFFECT ON ACTIONS  AND  PROCEEDINGS;  DISPOSITION  OF  RECORDS,
BOOKS  AND PAPERS.   1.  EXCEPT AS OTHERWISE PROVIDED FOR IN THIS TITLE,
NO ACTION FOR OR AGAINST THE LOCAL GOVERNMENT  ENTITY  TO  BE  DISSOLVED
SHALL ABATE, NOR SHALL ANY CLAIM FOR OR AGAINST IT BE AFFECTED BY REASON
OF ITS DISSOLUTION.
  2. UPON THE DISSOLUTION OF A LOCAL GOVERNMENT ENTITY, ALL ITS RECORDS,
BOOKS  AND  PAPERS SHALL BE DEPOSITED WITH THE TOWN CLERK OF THE TOWN IN
WHICH THE PRINCIPAL PORTION OF SUCH ENTITY IS SITUATED, AND  THEY  SHALL
THEREUPON BECOME A PART OF THE RECORDS OF THE TOWN.
  3. UPON THE DISSOLUTION OF A LOCAL JUSTICE COURT, ALL COURT RECORDS OF
SUCH  COURT  SHALL  BE DEPOSITED WITH A JUSTICE COURT JUDGE TO BE DESIG-
NATED BY THE ADMINISTRATIVE JUDGE OF THE JUDICIAL DISTRICT WITHIN  WHICH
THE  DISSOLVING  JUSTICE  COURT IS LOCATED. THE DESIGNATED JUSTICE COURT
JUDGE SHALL HAVE AUTHORITY TO EXECUTE AND COMPLETE ALL UNFINISHED  BUSI-
NESS.
  S  789.  EFFECT  ON  EXISTING LAWS OF VILLAGE.  1. EXCEPT AS OTHERWISE
PROVIDED IN THE DISSOLUTION PLAN OR ELECTOR INITIATED DISSOLUTION  PLAN,
AS THE CASE MAY BE, ALL LOCAL LAWS, ORDINANCES, RULES AND REGULATIONS OF
A  VILLAGE  IN  EFFECT  ON  THE DATE OF THE DISSOLUTION OF SUCH VILLAGE,
INCLUDING BUT NOT LIMITED TO ZONING ORDINANCES, SHALL REMAIN  IN  EFFECT
FOR  A  PERIOD  OF  TWO YEARS FOLLOWING DISSOLUTION, AS IF SAME HAD BEEN
DULY ADOPTED BY THE TOWN BOARD AND SHALL BE ENFORCED BY THE TOWN  WITHIN
THE  LIMITS  OF  THE DISSOLVED VILLAGE, EXCEPT THAT THE TOWN BOARD SHALL
HAVE THE POWER AT ANY TIME TO AMEND OR REPEAL  SUCH  LOCAL  LAWS,  ORDI-
NANCES,  RULES  OR  REGULATIONS IN THE MANNER AS OTHER LOCAL LAWS, ORDI-
NANCES, RULES OR REGULATIONS OF THE TOWN.
  2. IF THE VILLAGE HAS A ZONING BOARD OF APPEALS, OR A PLANNING  BOARD,
OR  BOTH,  AND  THE  TOWN DOES NOT, THEN UPON DISSOLUTION THE TOWN BOARD
SHALL ACT IN PLACE OF SUCH BOARD OR BOARDS UNTIL THE  TOWN  BOARD  SHALL
HAVE  APPOINTED SUCH BOARD OR BOARDS FOR THE TOWN IN ACCORDANCE WITH THE
PROVISIONS OF THE TOWN LAW. SUCH  APPOINTMENTS  MAY  BE  MADE  PRIOR  TO
DISSOLUTION, TO BECOME EFFECTIVE UPON THE EFFECTIVE DATE OF DISSOLUTION.

S. 5661                            26

  S  790.  DEBTS,  LIABILITIES AND OBLIGATIONS.   THE OUTSTANDING DEBTS,
LIABILITIES AND OBLIGATIONS OF THE  DISSOLVED  LOCAL  GOVERNMENT  ENTITY
SHALL  BE ASSUMED BY THE TOWN IN WHICH THE DISSOLVED ENTITY WAS SITUATED
AND SHALL BE A CHARGE UPON THE TAXABLE PROPERTY WITHIN THE LIMITS OF THE
DISSOLVED  ENTITY,  COLLECTED IN THE SAME MANNER AS TOWN TAXES. THE TOWN
BOARD SHALL HAVE ALL POWERS WITH RESPECT TO THE DEBTS,  LIABILITIES  AND
OBLIGATIONS  AS  THE  GOVERNING  BODY  OF THE DISSOLVED ENTITY POSSESSED
PRIOR TO ITS DISSOLUTION, INCLUDING THE POWER TO  ISSUE  TOWN  BONDS  TO
REDEEM BOND ANTICIPATION NOTES ISSUED BY THE DISSOLVED ENTITY.
                                 TITLE 4
                        MISCELLANEOUS PROVISIONS
SECTION 791. LIABILITY OF OFFICIALS AND EMPLOYEES.
        792. SUPERSESSION.
        793. SEPARABILITY.
  S 791. LIABILITY OF OFFICIALS AND EMPLOYEES.  IN THE ABSENCE OF FRAUD,
GROSS  NEGLIGENCE  OR  WILLFUL  MISFEASANCE, NO OFFICER OR EMPLOYEE OF A
LOCAL GOVERNMENT ENTITY SHALL BE HELD PERSONALLY LIABLE UPON  ANY  CLAIM
ARISING  FROM  THE  CONSOLIDATION  OR  DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY PURSUANT TO THIS ARTICLE OR ANY CIRCUMSTANCES CONNECTED WITH SUCH
CONSOLIDATION OR DISSOLUTION.
  S 792. SUPERSESSION.   THIS ARTICLE SHALL SUPERSEDE  AND  REPLACE  ALL
OTHER  STATE  AND LOCAL LAWS RELATING TO THE PROCEDURES AND REQUIREMENTS
FOR THE CONSOLIDATION AND DISSOLUTION OF LOCAL  GOVERNMENT  ENTITIES  TO
THE  EXTENT  SUCH  LAWS  ARE NOT CONSISTENT WITH THIS ARTICLE, PROVIDED,
HOWEVER, THAT THE PROVISIONS OF ANY OTHER STATE  OR  LOCAL  LAW  NOW  IN
EFFECT OR HEREAFTER ENACTED THAT ARE LESS RESTRICTIVE OR BURDENSOME THAN
THOSE  PROVIDED  IN THIS CHAPTER SHALL GOVERN DURING THE PERIOD IN WHICH
SUCH PROVISIONS ARE IN EFFECT. A STATE OR LOCAL LAW THAT IMPOSES  PROCE-
DURES  AND  REQUIREMENTS FOR CONSOLIDATION AND DISSOLUTION NOT ADDRESSED
BY THIS ARTICLE IS DEEMED INCONSISTENT.
  S 793. SEPARABILITY.  IF ANY TITLE, SECTION, SUBDIVISION, PARAGRAPH OR
OTHER PART OF THIS ARTICLE SHALL BE ADJUDGED INVALID  BY  ANY  COURT  OF
COMPETENT JURISDICTION, SUCH JUDGMENT SHALL NOT INVALIDATE THE REMAINDER
THEREOF,  BUT  SHALL  BE  CONFINED IN ITS OPERATION TO THE PART DIRECTLY
INVOLVED IN THE  CONTROVERSY  WHEREIN  SUCH  JUDGMENT  SHALL  HAVE  BEEN
RENDERED.
  S  3. Section 33-a of the municipal home rule law, as added by chapter
708 of the laws of 1970, is amended to read as follows:
  S 33-a. Transfer of functions  or  duties  of  local  governments  and
districts.    1.  Subject  to  restrictions in the constitution, in this
article or in any other applicable law, the board of supervisors of  any
county  may, by local law, transfer functions or duties of the county or
of the cities, towns, villages, districts or other units  of  government
wholly  contained  in such county to each other, or for the abolition of
one or more [offices, departments or agencies of such units  of  govern-
ment  when  all  their  functions or duties are so transferred] UNITS OF
GOVERNMENT, INCLUDING BUT NOT LIMITED TO OFFICES, DEPARTMENTS  OR  AGEN-
CIES  THEREOF,  WHEN  THE  LEVEL  AND QUALITY OF ONGOING SERVICES OF ALL
THEIR FUNCTIONS OR DUTIES ARE TRANSFERRED.
  2. Any such local law, or an  amendment  or  repeal  of  one  or  more
provisions  thereof which would have the effect of transferring OR ABOL-
ISHING a function or duty  of  the  county  or  of  the  cities,  towns,
villages, districts or other units of government wholly contained in the
county,  shall not become operative unless and until it is approved at a
general election or at a special election, held in the county by receiv-
ing a majority of the total votes cast thereon: (a) in the area  of  the

S. 5661                            27

county outside of cities and (b) in the area of cities of the county, if
any,  considered as one unit, and if it provides for the transfer of any
function or duty to or from any village or  for  the  abolition  of  any
office,  department,  agency  or  unit of government of a village wholly
contained in the county, it shall not take effect unless it  shall  also
receive  a majority of all the votes cast thereon in all the villages so
affected considered as one unit.  Such a local law, amendment or  repeal
thereof,  shall provide for its submission to the electors of the county
at the next general election or at a  special  election,  occurring  not
less than sixty days after the adoption thereof by the board of supervi-
sors.
  S  4.    Subdivision  2  of section 57 of the town law is REPEALED and
subdivisions 3, 4, 5, 6, 7 and 8 are renumbered subdivisions 2, 3, 4, 5,
6 and 7.
  S 5. Paragraph (e) of subdivision 1 of section 81 of the town  law  is
REPEALED,  paragraphs  (f)  and  (g)  of such subdivision are relettered
paragraphs (e) and (f) and a new subdivision  5  is  added  to  read  as
follows:
  5.  A  PROPOSITION  FOR  THE CONSOLIDATION OR DISSOLUTION OF A TOWN OR
DISTRICT SHALL BE  NOTICED,  CONDUCTED,  CANVASSED  AND  OTHERWISE  HELD
PURSUANT  TO,  AND  IN ACCORDANCE WITH, THE PROVISIONS OF ARTICLE SEVEN-
TEEN-A OF THE GENERAL MUNICIPAL LAW; AND A PETITION  TO  CONSOLIDATE  OR
DISSOLVE  A  TOWN  OR  DISTRICT  SHALL  BE SUBSCRIBED, AUTHENTICATED AND
OTHERWISE GOVERNED PURSUANT TO, AND IN ACCORDANCE WITH, THAT ARTICLE.
  S 6.  Subdivisions 1 and 2 of section 174 of the town law, subdivision
1 as amended by chapter 451 of the laws of 1937, paragraph a of subdivi-
sion 1 as amended by chapter 511 of the laws of 1974 and  subdivision  2
as  amended  by  chapter  77 of the laws of 1997, are amended to read as
follows:
  1. [(a)] Whenever a fire district shall  be  established,  within  ten
days  thereafter  the  town  board of the town in which such district is
located or, in the case of a district including territory in two or more
towns, the town boards of such towns acting jointly by a  majority  vote
of  the  members  of  each  of such town boards, shall appoint five fire
district commissioners and a treasurer for such district who shall  hold
their  respective  offices  until  the thirty-first day of December next
succeeding; provided, however, that  if  such  district  be  established
subsequent  to  the  first  day  of October in any year, the officers so
appointed by the town board shall hold office until the thirty-first day
of December of the next succeeding calendar year. A person so  appointed
as  fire  district  commissioner  shall  not serve as chief or assistant
chief of the fire district fire department  after  taking  his  oath  of
office  as  such  commissioner  and  during  the  time he serves as such
commissioner pursuant to such appointment. The town  clerk  shall  imme-
diately  notify  the appointees of their appointment and of the time and
place which he shall fix for the organization meeting of  the  board  of
fire  commissioners, which meeting shall be held not later than ten days
after the appointment of said officers. At  such  organization  meeting,
the  treasurer  shall preside until such time as a chairman of the board
of fire commissioners shall be chosen, but such treasurer shall  not  be
entitled  to  a  vote  at  such meeting. The board of fire commissioners
shall appoint a secretary who shall hold office until  the  thirty-first
day of December following the first election of fire district officers.
  [(b) Whenever two or more fire districts shall have been consolidated,
pursuant  to  this  article,  the  several commissioners of each of such
districts shall constitute the board of fire commissioners  thereof  and

S. 5661                            28

the  several  treasurers  of  such  districts shall serve jointly as the
treasurers of such consolidated district, until the thirty-first day  of
December next succeeding the first election of fire district commission-
ers  and  a  treasurer  for such consolidated district, held pursuant to
subdivision two of this section.  The  terms  of  office  of  such  fire
district  officers of the several districts so consolidated shall termi-
nate  on  said  thirty-first  day  of  December  next  succeeding   such
election.]
  2.  The  first election of fire district officers shall be held on the
second Tuesday in December next succeeding the establishment or  consol-
idation  of such fire district; provided, however, that if such district
be established [or consolidated] at a time subsequent to the  first  day
of  October  in  any  year, the first election of fire district officers
shall be held on the second Tuesday in the month of December of the next
succeeding calendar year. At the first annual election of fire  district
officers,  five district commissioners shall be elected and a treasurer.
The person receiving the greatest number of votes for the office of fire
commissioner shall be elected for a  term  of  five  years;  the  person
receiving the second highest number of votes shall be elected for a term
of  four  years;  the person receiving the third highest number of votes
shall be elected for a term of three years;  the  person  receiving  the
fourth  highest number of votes shall be elected for a term of two years
and the person receiving the fifth highest  number  of  votes  shall  be
elected  for  a  term  of  one year. In the event that two persons shall
receive the same number of votes the terms of office shall be decided by
lot. At each subsequent election of fire district officers a commission-
er shall be elected for the full term of five years. In the  event  that
two  or more persons receive the same number of votes thereat, a special
election between the tying parties receiving the highest number of votes
to fill the vacancy shall be held  within  forty-five  days  after  such
election.  The  fire  district  treasurer shall be elected for a term of
three years. The fire district secretary shall be appointed by the  fire
district  commissioners  and  shall  serve for a period of one year. The
fire district secretary in office at the  time  such  election  is  held
shall immediately notify the officers elected of their election and that
an  organization  meeting  will  be  held  on  the day specified in said
notice, which shall not be later than the fifteenth day of January  next
ensuing. At such organization meeting, the treasurer shall preside until
such  time  as  a  chairman  of the board of fire commissioners shall be
chosen, but such treasurer shall not be entitled to a vote at such meet-
ing.
  S 7. Subdivision 1 of section 176 of the town law, as amended by chap-
ter 94 of the laws of 1966, is amended to read as follows:
  1. Shall elect one of their members as chairman at the  first  meeting
of  fire  commissioners  after such district shall have been established
[or consolidated] and annually thereafter at the first  meeting  thereof
following  each  election of fire district officers. Such chairman, when
present, shall preside at the meetings of the board of fire  commission-
ers.  In the absence of the chairman the other members may designate one
of their members to act as temporary chairman.
  S 8.  Section 189-e of the town law, as added by chapter  241  of  the
laws of 1988, is amended to read as follows:
  S 189-e. Management of affairs of joint fire districts. Subject to the
restrictions  hereinafter established, the property and affairs of joint
fire districts shall be under the management and control and  in  charge
of a board of not less than three and not more than seven commissioners,

S. 5661                            29

appointed  by the town board of the town or the town boards of the towns
and the board of trustees of the village or the boards  of  trustees  of
the  villages  in  joint  session as hereinafter provided, or elected as
provided  in  article  eleven  of  this chapter, as may be determined by
resolution adopted at the meeting for the establishment of the  district
in  the  same  manner  as  the  resolution  for the establishment of the
district is adopted; OR AS MAY BE DETERMINED BY  A  JOINT  CONSOLIDATION
AGREEMENT  OR  ELECTOR  INITIATED  CONSOLIDATION PLAN IN ACCORDANCE WITH
ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW.  In case it is  deter-
mined that the commissioners shall be selected in the manner provided by
article  eleven  of  this  chapter,  the appointments as provided for in
subdivision one of section one  hundred  seventy-four  of  this  chapter
shall  be made by the town board, or, if the district includes territory
in more than one town, by the town board of all of the towns at a  joint
session  held  at  one  location  within  the  district  and  thereafter
elections shall be held as provided in article eleven  of  this  chapter
except  that  the  terms  of  the  commissioners shall be as hereinafter
provided. They shall be residents of such district and in case selection
is made as provided in article eleven of this chapter there shall be  no
other residential requirement, but otherwise if there are an even number
of  commissioners  not  more than half at any time shall be residents of
such village or villages and if there are an odd number, the number that
are residents of such village or villages shall not  exceed  the  number
that  are  residents  of  such  town  or  towns  by more than one. First
appointments hereunder shall be made in the following manner:  If  there
be three commissioners, the term of one shall expire one year, of anoth-
er  two  years  and  of the other three years from the then next ensuing
thirty-first day of December, and  thereafter  one  shall  be  appointed
annually  for  a  term of three years from the date of the expiration of
the term of his predecessor. If there be four commissioners, the term of
one shall expire one year, of another two years, of another three years,
and of the other four years from the then next ensuing thirty-first  day
of  December,  and thereafter one shall be appointed annually for a term
of four years from the date of the expiration of the term of his  prede-
cessor. If there be five commissioners, the term of one shall expire one
year,  of  another  two  years,  of another three years, of another four
years, and of the other five years from the then  next  ensuing  thirty-
first  day  of  December, and thereafter one shall be appointed annually
for a term of five years from the date of the expiration of  a  term  of
his  predecessor.  If  there be six commissioners, the term of one shall
expire one year, of another two years, of another three years, of anoth-
er four years, and of the remaining two, five years from the  then  next
ensuing  thirty-first day of December, and thereafter appointments shall
be made for a term of five years from the date of the expiration of  the
term  of each commissioner. If there be seven commissioners, the term of
one shall expire one year, of another two years, of another three years,
and of two of the others four years, and  of  the  remaining  two,  five
years from the then next ensuing thirty-first day of December, and ther-
eafter appointments shall be made for a term of five years from the date
of  the  expiration  of  the  term  of  each commissioner. Such board of
commissioners may employ necessary labor and assistants,  at  a  compen-
sation  approved  by  such  boards  in joint session. Such commissioners
shall receive no compensation for their services,  but  they  and  their
employees shall be allowed and paid their necessary expenses, payable as
expenses of the district.

S. 5661                            30

  S 9. Subdivision 1 of section 195 of the town law, as amended by chap-
ter 522 of the laws of 1954, is amended to read as follows:
  1. The town clerk shall cause a certified copy of the determination or
order of the town board adopted pursuant to the provisions of this arti-
cle, OR ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTEEN-A OF THE
GENERAL  MUNICIPAL LAW, establishing, extending, dissolving or diminish-
ing any district, consolidating  districts  or  increasing  the  maximum
amount  proposed  to  be expended for the improvement in any district or
extension thereof, or determining to construct any  improvement  author-
ized  by this article, to be duly recorded in the office of the clerk of
the county in which the town is  located,  within  ten  days  after  the
adoption  of  such order or determination by the town board, and when so
recorded such determination or order shall be  presumptive  evidence  of
the  regularity  of  the  proceedings  for the establishment, extension,
dissolution or diminution of such district, of  the  proceedings  insti-
tuted  for  the construction of such improvement and of all other action
taken by said town board in relation thereto.
  Within ten days after the adoption of a determination or order by  the
town   board   establishing,  extending,  dissolving  or  diminishing  a
district, or consolidating districts,  the  town  clerk  shall  cause  a
certified copy thereof to be filed in the office of the state department
of audit and control at Albany, New York.
  S  10.  Subdivision  1 of section 202-c of the town law, as amended by
chapter 37 of the laws of 2000, is amended to read as follows:
  1. [Upon a petition, as hereinafter provided, the] THE town  board  of
any town may dissolve and discontinue [any lighting, snow removal, water
supply,  or  refuse and garbage district or a sewer district in which no
sewer system has been constructed, provided that  there  be  no  indebt-
edness,  outstanding  and  unpaid,  incurred  to  accomplish  any of the
purposes of such district] THOSE DISTRICTS DESCRIBED HEREINAFTER  PURSU-
ANT  EITHER  TO  THE  PROVISIONS  OF  ARTICLE SEVENTEEN-A OF THE GENERAL
MUNICIPAL LAW OR THE PROCEDURES PROVIDED IN THIS SECTION.
  1-A. UPON A PETITION, THE TOWN BOARD OF  ANY  TOWN  MAY  DISSOLVE  AND
DISCONTINUE  ANY  LIGHTING,  SNOW  REMOVAL,  WATER SUPPLY, OR REFUSE AND
GARBAGE DISTRICT OR A SEWER DISTRICT IN WHICH NO SEWER SYSTEM  HAS  BEEN
CONSTRUCTED,  PROVIDED  THAT  THERE  BE NO INDEBTEDNESS, OUTSTANDING AND
UNPAID, INCURRED TO ACCOMPLISH ANY OF THE  PURPOSES  OF  SUCH  DISTRICT.
Such  petition shall be signed by [resident owners of taxable real prop-
erty aggregating at least one-half of all the taxable real  property  of
the  district owned by resident owners according to the latest completed
assessment roll of the town, and acknowledged  or  proved  in  the  same
manner  as a deed to be recorded, or] AT LEAST TEN PERCENT OR FIVE THOU-
SAND, WHICHEVER IS LESS, OF THE REGISTERED VOTERS IN THIS  STATE  REGIS-
TERED  TO VOTE IN SUCH DISTRICT AND authenticated in the manner provided
by the election law for  the  authentication  of  nominating  petitions.
When  any  such  petition  containing the required signatures shall have
been presented, the town board shall adopt an order and enter  the  same
in  the minutes of its proceedings, reciting in general terms the filing
of the petition, and specifying the purpose thereof, the name and bound-
aries of the district and the time when and place where said board  will
meet  to consider the petition and to hear all persons interested in the
subject thereof concerning the same. If the petition shall propose  that
the  area  of  the district be diminished, the order shall also describe
the portion of the district to be eliminated. The board  shall  cause  a
copy  of  such  order,  certified  by the town clerk, to be published at
least once in the official paper, the first publication  thereof  to  be

S. 5661                            31

not  less  than ten nor more than twenty days before the day set therein
for the hearing as aforesaid, and shall cause a copy thereof to be post-
ed on the sign board of the town maintained pursuant to subdivision  six
of section thirty of this chapter not less than ten nor more than twenty
days before the day designated for the hearing as aforesaid. If the town
board  shall  determine,  after such hearing and upon the evidence given
thereat, that it is in the public interest to dissolve the  district  or
to  diminish  the  area  thereof,  the  town  board shall adopt an order
accordingly dissolving the district or diminishing its  area.  If  there
are  any  contracts  to accomplish the purpose of such district in force
and effect, the town board shall not dissolve such district, nor  dimin-
ish  the area thereof, prior to the expiration of such contracts. If the
district dissolved be wholly within a village  incorporated  since  said
district  was  formed  and prior to April first, nineteen hundred sixty-
five, all of the property of such district shall be and become the prop-
erty of such village and  such  village  upon  delivery  thereof,  shall
assume  and pay all of the debts of such district. If the district shall
not be wholly included within the limits  of  any  village  incorporated
since  said district was formed, all the property of such district shall
become the property of the town and such  town  upon  delivery  thereof,
shall assume and pay all the debts of such district.
  S  11. Subdivision 2 of section 208-b of the town law is REPEALED, and
subdivisions 3, 4, 5, 6, 7 and 8 are renumbered subdivisions 2, 3, 4, 5,
6 and 7.
  S 12. Subdivision 2-a of section 2-254 of the village law  is  amended
to read as follows:
  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 there-
of. 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 effec-
tive except on the last day of a fiscal year of the town or district, as
the case may be.
  S 13.  Paragraph (c) of subdivision 2 and  subdivision  3  of  section
9-912  of the village law are REPEALED, paragraphs (d) and (e) of subdi-
vision 2 are relettered paragraphs (c) and (d), and  subdivision  4,  as
renumbered by chapter 434 of the laws of 1977, is renumbered subdivision
3 and amended to read as follows:
  3.  A  special  election  for  submission  of  a  proposition shall be
noticed, conducted, canvassed and otherwise held in the same manner as a
general village election; PROVIDED, HOWEVER, THAT A PROPOSITION FOR  THE
CONSOLIDATION  OR  DISSOLUTION OF A VILLAGE SHALL BE NOTICED, CONDUCTED,
CANVASSED AND OTHERWISE HELD PURSUANT TO, AND IN  ACCORDANCE  WITH,  THE
PROVISIONS OF ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW.

S. 5661                            32

  S  14.    Article 5-B and sections 172, 172-b, 172-d, 185, 189-c, 206,
206-a and 209-r of the town law, and sections 18-1806, 18-1808, 18-1810,
18-1812, 18-1814, 18-1816 and 18-1818 and article 19 of the village  law
are REPEALED.
  S  15.  Subdivision  21-a of section 2.00 of the local finance law, as
added by chapter 778 of the laws of 1957, is amended to read as follows:
  21-a. The term "full valuation", when used in relation to real proper-
ty subject to taxation by a fire  district,  shall  mean  the  valuation
which is derived by dividing the assessed valuation of the real property
concerned,  as  shown by the last completed assessment roll for the fire
district, by the town equalization rate established  by  the  authorized
state  officer  or  agency for such roll. Where, in the case of a newly-
created fire district, there is no completed assessment  roll  for  such
fire  district,  full  valuation  shall  be  determined  from  the  last
completed [assesment] ASSESSMENT  roll  upon  which  the  real  property
included  within  the  district  was assessed for town purposes prior to
such creation.  Where, after the boundaries of  a  fire  district  shall
have  been  changed  so  that real property subject to taxation for fire
district purposes shall have been thereby added to  or  subtracted  from
the area of the fire district, there is no completed assessment roll for
the fire district as so changed, full valuation shall be determined from
the last completed assessment roll upon which the real property included
in the fire district after such change was assessed prior to such change
for  town or fire district purposes, as the case may be. For the purpose
of contracting indebtedness or for the purpose of preparing debt  state-
ments,  the  assessment rolls referred to in this subdivision shall mean
such assessment rolls as completed, verified and filed by the assessors.
Where two or more fire districts consolidate to form one  fire  district
[pursuant  to  section  one  hundred  seventy-two  of the town law,] the
consolidated fire district, for the purpose of this  subdivision,  shall
not  be  deemed  a  newly-created  fire district, but shall be deemed an
existing fire district  and  its  full  valuation  shall  be  determined
accordingly.
  S  16.  Subdivision  2  of  paragraph  d of section 24.00 of the local
finance law, as amended by chapter 735 of the laws of 1954,  is  amended
to read as follows:
  2.  In  the case of the establishment of any improvement district of a
county or of a town, which is to be financed  by  taxes  or  assessments
levied  upon  an  ad  valorem  or  benefit  basis, or in the case of the
consolidation of special improvement districts [pursuant to section  two
hundred  six  of  the  town  law], prior to the first levy in which such
taxes or assessments are to be levied for such district or  consolidated
district  the  county  or town, as the case may be, may issue tax antic-
ipation notes for the necessary expenses incidental to the  creation  of
such  district  or consolidation of such districts, and the other neces-
sary expenses incurred or to be incurred for such  district  or  consol-
idated district prior to such levy.
  S  17. Paragraphs (d) and (e) of subdivision 6 of section 209-q of the
town law, as added by chapter 567 of the laws of 1973,  are  amended  to
read as follows:
  (d)  The  town clerk shall cause a certified copy of any resolution or
order adopted pursuant to paragraph (c) of this subdivision, subdivision
five or paragraph (c) of subdivision eight of this section[, or  section
two hundred nine-r of this chapter] to be duly recorded in the office of
the  clerk  of  the  county in which the town is located within ten days
after the adoption of such resolution, or within ten days of the receipt

S. 5661                            33

of notification of the approval of  the  state  comptroller  where  such
approval is required by subdivision five or subdivision thirteen of this
section. When so recorded, such resolution shall be presumptive evidence
of the regularity of the proceedings and actions taken by the town board
in relation thereto.
  (e) Any interested person aggrieved by any resolution or order adopted
pursuant to paragraph (c) of this subdivision, subdivision five or para-
graph  (c) of subdivision eight of this section[, or section two hundred
nine-r of this chapter] may review the same by a proceeding pursuant  to
article  seventy-eight of the civil practice law and rules provided such
proceeding is commenced within thirty days from the date of the  record-
ing  of  the  certified copy of the resolution or order in the office of
the county clerk. Any such  resolution  or  order  shall  be  final  and
conclusive  unless a proceeding pursuant to article seventy-eight of the
civil practice law and rules has been commenced within thirty days  from
the date of recording thereof. No review shall be had unless at the time
the  proceeding  is  commenced  the interested person seeking the review
shall give an undertaking approved by the supreme court,  or  a  justice
thereof,  as  to  form, amount and sufficiency of sureties, that, in the
event of failure to modify such resolution or order he or they will  pay
to  the  town  board  all  costs  and  expenses as are incurred by it on
account of the said proceeding as shall be determined by the court.   In
the  event  that upon such review there shall be any modification by the
court of such resolution the court shall direct the modification thereof
by order which shall be final and conclusive and such town  board  shall
cause  such  order to be recorded and filed in the same place and manner
as was the resolution or order appealed from.
  S 18.  Savings clause. Notwithstanding the repeal or amendment of  any
law  by  this  act, nothing in this act shall be construed to impair the
consolidation or dissolution of any local government entity pursuant  to
any  such  repealed or amended law if there was commenced in or for such
local government entity prior to  the  effective  date  of  this  act  a
consolidation  or  dissolution proceeding pursuant to such law, in which
event the provisions of such former law shall govern such proceeding  as
though such former law had not been repealed hereby.
  S  19.    This act shall take effect on the two hundred seventieth day
after it shall have become a law.

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Senate Bill S5661

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Archive: Last Bill Status Via A8501 - Signed by Governor

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Senate Bill S5661

Signed By Governor

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Archive: Last Bill Status Via A8501 - Signed by Governor

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co-Sponsors

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