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