S T A T E O F N E W Y O R K
________________________________________________________________________
5823--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. GUNTHER, PALMESANO, BURLING -- read once and
referred to the Committee on Local Governments -- recommitted to the
Committee on Local Governments in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09868-04-2
A. 5823--A 2
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
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-
A. 5823--A 3
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
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
A. 5823--A 4
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.