senate Bill S4359A

Signed By Governor
2011-2012 Legislative Session

Authorizes 2 or more municipalities to agree to annex territory

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.190
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading rules cal.442
substituted for a5823a
Jun 19, 2012 referred to local governments
returned to assembly
repassed senate
Jun 13, 2012 amended on third reading 4359a
vote reconsidered - restored to third reading
Jun 13, 2012 returned to senate
recalled from assembly
Mar 27, 2012 referred to local governments
delivered to assembly
passed senate
Mar 26, 2012 advanced to third reading
Mar 22, 2012 2nd report cal.
Mar 21, 2012 1st report cal.444
Jan 04, 2012 referred to local government
returned to senate
died in assembly
Jun 14, 2011 referred to local governments
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.989
Mar 31, 2011 referred to local government

Votes

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Mar 21, 2012 - Local Government committee Vote

S4359
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 21, 2012

excused (1)

Jun 6, 2011 - Local Government committee Vote

S4359
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 6, 2011

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4359 - Bill Details

See Assembly Version of this Bill:
A5823A
Law Section:
General Municipal Law
Laws Affected:
Amd §§703, 704, 707, 711 & 713, add §703-a, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5430, A8241

S4359 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4359

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

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

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

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

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

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

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

Section 7 establishes the effective date for this legislation.

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


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

LEGISLATIVE HISTORY:

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

FISCAL IMPLICATIONS:
None to the state.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4359

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

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

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

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

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

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

S. 4359                             2

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

S. 4359                             3

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

S. 4359                             4

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

Co-Sponsors

S4359A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5823A
Law Section:
General Municipal Law
Laws Affected:
Amd §§703, 704, 707, 711 & 713, add §703-a, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S5430, A8241

S4359A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4359A

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

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

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

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

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

Section 3 would also be amended to require notification of property
owners by mail, making a good faith effort to reach all property
owners, and also require both municipalities to post notice of the
hearing on the proposal on their websites. All the other provisions
of Article 17 governing municipal annexation, including the holding
of a special election to determine voter approval of annexation,
remain applicable.

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

Section 6 also amends section 713 of the GML to clarify that persons
residing outside of the proposed annexation territory, but on a
parcel of land with a portion within the annexation territory, would
be eligible to vote on the annexation proposal provided they
otherwise are an eligible voter.

Section 7 establishes the effective date for this legislation.

JUSTIFICATION:
Currently, the general municipal law allows for the residents or
property owners of a municipality desiring annexation, to initiate
the annexation process. This bill extends that ability to the
governing bodies of municipalities, which represent residents and
property owners, and which may be in the best position to begin the
annexation process. Article 17 of the GML governing municipal
annexation requires that a general election be held to determine the
voters' desire for annexation. This legislation does not change
that procedure, but merely allows for the municipal annexation
process to begin with a joint resolution adopted by the governing
bodies of the municipalities. This smart growth measure would
eliminate an existing barrier in New York State for municipalities to
consider annexation as a method to enhance economic benefits and
public service, to both annexed and annexing territories. In
addition, the bill clarifies that the annexation process includes
land use considerations which may apply to the property to be
annexed, in addition to real property matters such as bridges,
highways, culverts and pipes, currently included under the law.

To protect non-resident property owners, who are not allowed to vote
in the election to approve annexation, the bill would require a good
faith effort to mail notification to all affected owners, and not
allow this process to be used if all of the properties to be annexed
were uninhabited, having no resident owners. In addition, if
an uninhabited portion of a resident property owner's parcel was
proposed to be annexed they would still have a right to vote under
this bill.

LEGISLATIVE HISTORY:
2011: S.4359 Passed Senate; A.5823 Referred to Local
Governments Committee
2009-10: S.5430 Referred to Local Governments Committee
A.8241 Referred to Local Governments Committee
2007-08: S.3231-A Passed Senate A.3940-A Referred to Local
Governments Committee
2005-06: S.2748 Passed Senate; A.5632 Referred to Local
Governments Committee
2003-04: S.2782 Passed Senate; A.6597 Referred to Local
Governments Committee

FISCAL IMPLICATIONS:
None to the state.

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

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4359--A
    Cal. No. 444

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sens.  YOUNG,  BRESLIN,  KENNEDY, O'MARA, VALESKY -- (at
  request of the Legislative Commission  on  Rural  Resources)  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Local Government -- recommitted to the Committee on Local
  Government in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

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

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

  Section 1. The section heading of section 703 of the general municipal
law,  as added by chapter 844 of the laws of 1963, is amended to read as
follows:
  Petition [for annexation] BY RESIDENTS OR PROPERTY OWNERS TO  INITIATE
ANNEXATION OF TERRITORY.
  S  2.  The  general  municipal  law is amended by adding a new section
703-a to read as follows:
  S 703-A. RESOLUTION BY GOVERNING BOARDS OF MUNICIPALITIES TO  INITIATE
ANNEXATION  OF  TERRITORY.   EXCEPT FOR TERRITORY PROPOSED TO BE ANNEXED
WHICH IS ENTIRELY UNINHABITED OR TERRITORY IN AN AGRICULTURAL  DISTRICT,
OR OUTSIDE OF SUCH DISTRICT BUT ELIGIBLE FOR AN AGRICULTURAL ASSESSMENT,
PURSUANT  TO  ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW,
THE GOVERNING BOARDS OF TWO OR MORE MUNICIPALITIES WHICH  HAVE  MUTUALLY
AGREED  TO  STUDY THE ANNEXATION OF TERRITORY, MAY, BY JOINT RESOLUTION,
PROPOSE THE ANNEXATION OF SUCH TERRITORY, PURSUANT TO THE PROVISIONS  OF
THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09868-05-2

S. 4359--A                          2

  S  3.  The  section  heading  and  subdivision 1 of section 704 of the
general municipal law, as added by chapter 844 of the laws of 1963,  are
amended to read as follows:
  Notice  of  hearing  on petition [for] OR JOINT RESOLUTION TO INITIATE
annexation OF TERRITORY.  1. [Within twenty days after  the  receipt  of
such  petition]  IN  THE  EVENT  IT  IS PROPOSED TO ANNEX TERRITORY, the
governing board or boards of the  local  government  or  governments  to
which  it is proposed to annex such territory and the governing board or
boards of the affected local government or  governments  in  which  such
territory is situated shall, WITHIN TWENTY DAYS AFTER RECEIPT OF A PETI-
TION  OR  ADOPTION OF A JOINT RESOLUTION TO INITIATE ANNEXATION, respec-
tively cause a notice to be published once  in  its  or  their  official
newspapers,  or,  if  there  be  no  official  newspaper, in a newspaper
published in the county and having general circulation within  the  area
of such local government or governments, as the case may be. The govern-
ing  board  of each affected local government in which such territory is
situated also shall cause a copy of such notice to  be  mailed  to  each
person or corporation owning real property in such territory as shown by
the  last  preceding assessment roll and to all persons residing in such
territory qualified to vote for officers of the city, town  or  village,
as  the  case may be, in which such territory is situated as their names
appear upon the register  of  voters  for  the  last  preceding  general
election.  Where the territory to be annexed is situated wholly or part-
ly within a village, the governing board of such village and the govern-
ing board of a town or towns in which such territory is wholly or partly
situated  may  provide by agreement for joint publication and mailing of
such notice. Failure to mail such notice or failure of any addressee  to
receive  the  same  shall  not  in any manner affect the validity of the
petition OR JOINT RESOLUTION TO INITIATE ANNEXATION OF TERRITORY  or  of
any  proceedings  taken  thereon  PROVIDED  THAT THE MUNICIPALITIES THAT
ADOPTED A JOINT RESOLUTION TO INITIATE ANNEXATION  HAVE  DEMONSTRATED  A
GOOD  FAITH  ATTEMPT  TO  MAIL SUCH NOTICE TO EACH PERSON OR CORPORATION
OWNING REAL PROPERTY AS REQUIRED BY THIS SECTION.    Such  notice  shall
state  that a petition for the annexation of territory OR A JOINT RESOL-
UTION TO INITIATE ANNEXATION OF TERRITORY to  the  local  government  or
governments  (naming  it  or  them  and briefly describing the territory
proposed to be annexed thereto) has been [received] PROPOSED, that at  a
specified  place in one of such local governments on a specified day not
less than twenty days nor more than forty days after the publication and
mailing of such notice, which place and date shall be specified therein,
a joint hearing will be had upon such petition OR  JOINT  RESOLUTION  TO
INITIATE  ANNEXATION  by  such  governing boards. Each of such governing
boards shall cause a copy of such notice to be mailed not less than  ten
days  prior  to the date of such joint hearing to the school authorities
of any school district in which all or part of the territory proposed to
be annexed is situated and, where it is proposed to annex territory to a
city, to the school authorities of any school district (a) adjoining the
territory proposed to be annexed and (b) located wholly or partly within
such city. EACH OF SUCH GOVERNING BOARDS SHALL ALSO CAUSE A COPY OF SUCH
NOTICE TO BE POSTED ON THE WEBSITE  OF  THE  LOCAL  GOVERNMENT,  IF  ONE
EXISTS.
  S 4. Section 707 of the general municipal law, as added by chapter 844
of the laws of 1963, is amended to read as follows:
  S  707.  Disposition  of  property in area proposed to be annexed.  1.
Except as may be provided in  an  agreement  among  the  affected  local
governments, as authorized by subdivision two of this section concerning

S. 4359--A                          3

the  retention,  division,  REGULATION, LAND USE or other disposition of
real and personal property and rights in real and personal  property  of
any  affected local government or governments or any special or improve-
ment  district  in  the  territory  proposed  to be annexed, all real or
personal property and rights in real and personal  property,  including,
but  not limited to, LAND USE, streets, avenues, roads, highways, bridg-
es,  overpasses,  underpasses,  culverts,  sidewalks,  street   lighting
fixtures,  and conduits, pipes, drains, either above or below the ground
surface, and appurtenances and appurtenant rights in  relation  thereto,
owned by any of such local governments (other than the one to which such
territory  is  annexed)  shall  become the property of the county, city,
village, or town (where the territory is not annexed  to  a  village  or
villages in the town), to which such territory is annexed as of the date
of  such annexation, but the ownership of any real and personal property
or rights in real and personal property of, or acquired for, special  or
improvement districts in such territory shall remain unaffected.
  2.  At  any  time prior to their determinations as provided by section
seven hundred eleven of  this  article,  the  governing  boards  of  the
affected  local  governments, or their designated representatives, shall
have power to agree on the retention, division, REGULATION, LAND USE  or
other  disposition,  either  with  or  without consideration, of real or
personal property and rights in real or personal property  of  any  such
affected  local government or of any special or improvement districts in
which the territory proposed to be annexed is situated. Any such  agree-
ment shall be in writing and shall be executed by such governing boards,
or  their  designated representatives, covering the matters agreed upon.
Such agreement may provide for the execution of any deeds or instruments
affecting the retention, division, REGULATION, LAND USE or other  dispo-
sition  of such property, either with or without consideration. Any such
agreement shall be followed in the local law to be adopted  pursuant  to
section seven hundred fourteen of this article.
  S 5. Subdivisions 1 and 2 of section 711 of the general municipal law,
as  added  by  chapter  844  of the laws of 1963, are amended to read as
follows:
  1. Within ninety days after the hearing held pursuant to section seven
hundred five OF THIS ARTICLE is concluded, the governing board  of  each
affected  local  government  shall  determine  by a majority vote of its
total voting strength whether the petition OR JOINT RESOLUTION TO INITI-
ATE ANNEXATION complies with the provisions of this article and whether,
on the basis of considerations including but not limited to those relat-
ing to the effects upon (a) the territory proposed to  be  annexed,  (b)
the  local  government or governments to which the territory is proposed
to be annexed, (c) the remaining area of the local government or govern-
ments in which the territory is situated and (d)  any  school  district,
fire district or other district corporation, public benefit corporation,
fire protection district, fire alarm district or town or county improve-
ment district, situated wholly or partly in such territory, it is in the
over-all public interest to approve such proposed annexation.
  2. a. At such time, each such governing board shall adopt a resolution
which  shall include findings with respect to compliance of the petition
OR JOINT RESOLUTION TO INITIATE ANNEXATION, with the provisions of  this
article  and  with  respect to the effect of such proposed annexation on
the over-all public interest. In the case of a governing board which has
executed any agreement described in subdivision  two  of  section  seven
hundred  seven or subdivision two of section seven hundred eight of this
article relating to the assumption of indebtedness or other  liabilities

S. 4359--A                          4

or  the  disposition  of property rights in the event of annexation, its
findings with respect to the effect of such annexation on  the  over-all
public  interest  shall be based on and include the terms and conditions
of  such  agreement  to  the  extent  applicable.  Where no agreement as
described herein governs the assumption of indebtedness or other liabil-
ities or the disposition of property, such findings shall  be  based  on
and   include  provisions  concerning  such  assumption  or  disposition
prescribed in subdivision one of section seven hundred seven or subdivi-
sion one of section seven hundred eight of this article, as the case may
be.
  b. Each such board shall thereupon  make  and  sign  a  written  order
accordingly  containing  its  determination  and  file  copies  thereof,
together with copies of the agreement, if any,  the  petition  OR  JOINT
RESOLUTION  TO  INITIATE ANNEXATION, the notice, the written objections,
if any, and testimony and minutes of proceedings taken and kept  on  the
hearing,  in the offices of the clerks of all the affected local govern-
ments. In the event that  the  governing  board  of  an  affected  local
government  does  not make, sign and file a written order as required by
this section, such governing board shall be deemed to have approved  the
proposed  annexation  as  of  the  expiration  of  the ninety-day period
provided in subdivision one [hereof] OF THIS SECTION.
  S 6. Subdivisions 1 and 2 of section 713 of the general municipal law,
as added by chapter 844 of the laws of  1963,  is  amended  to  read  as
follows:
  1. Not later than ninety days after the entry of a final judgment of a
court  or  the filing in the offices of the clerks of the affected local
governments of orders of the governing boards  of  such  affected  local
governments approving a proposed annexation, the governing board of each
city,  town and village in which such territory is situated shall call a
special election to be conducted in the manner hereinafter  provided  to
determine  whether the proposed annexation should be approved, provided,
however, that the governing board of a town  shall  call  such  election
only with respect to territory outside any village situated therein. All
persons  residing  in such territory proposed to be annexed, OR RESIDING
OUTSIDE OF THE TERRITORY PROPOSED TO BE ANNEXED BUT RESIDING ON A PARCEL
OF LAND WHERE A PORTION OF SUCH PARCEL IS WITHIN SUCH TERRITORY PROPOSED
TO BE ANNEXED, and qualified to vote for officers of the city,  town  or
village,  as  the case may be, in which such territory is situated shall
be entitled to vote. The proposition to be voted upon shall state "Shall
the territory generally described below be  annexed  to  the  ..........
(name  of  local  government  or  governments)?" Below such question the
territory proposed to be annexed shall be briefly described.  Except  as
otherwise  provided  herein,  such  election  shall  be conducted in the
manner provided by law for the conduct of special elections in the city,
town or village, as the case may be, in which such  territory  is  situ-
ated.
  2.  If  such  proposition  is  approved by a majority of the qualified
persons voting thereon, the petition OR JOINT RESOLUTION, together  with
a  certificate of election which shall set forth or have annexed thereto
a description of the territory to be annexed, shall, within twenty  days
after  such  election  be  filed by the governing board or boards of the
city, town or village, as the case may be, in the office of the clerk of
such local government or governments and in the office of the  clerk  or
clerks of the local government or governments to which such territory is
to be annexed.
  S 7. This act shall take effect immediately.

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