Assembly Bill A1268

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

                                  1268

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the town law, in relation to enacting the "town  mergers
  law"

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

  Section 1. The town law is amended by adding a new article 5-B to read
as follows:
                               ARTICLE 5-B
                            TOWN MERGERS LAW
SECTION 79-B. SHORT TITLE.
        79-C. DEFINITIONS.
        79-D. COMMENCEMENT OF MERGER STUDY.
        79-E. STUDY COMMITTEE.
        79-F. PLAN OF MERGER.
        79-G. ANCILLARY AGREEMENTS.
        79-H. PUBLIC HEARING.
        79-I. ADOPTION OF PLAN OF MERGER; ELECTION.
        79-J. EFFECT OF MERGER; EFFECTIVE DATE.
        79-K. ELECTIONS FOR OFFICERS OF THE NEW TOWN.
        79-L. SERVICES CONTINUED.
        79-M. NOTIFICATION AND SUBMISSION OF THE PLAN OF MERGER;  AGENCY
                ASSISTANCE.
  S  79-B.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "TOWN MERGERS LAW".
  S 79-C.  DEFINITIONS.  AS  USED  IN  THIS  ARTICLE,  UNLESS  OTHERWISE
EXPRESSLY STATED OR UNLESS THE CONTEXT OTHERWISE REQUIRES, THE FOLLOWING
TERMS SHALL MEAN:
  1.  "MERGER". THE PROCEDURE PURSUANT TO THIS ARTICLE THROUGH WHICH TWO
OR MORE ADJOINING TOWNS ADOPT A PLAN TO MERGE INTO A SINGLE NEW TOWN.

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

                                                           LBD02978-01-3

A. 1268                             2

  2. "ADJOINING TOWNS". TWO TOWNS WITHIN THE SAME COUNTY HAVING A COMMON
BOUNDARY LINE, HOWEVER SMALL, SHALL BE DEEMED TO ADJOIN. MORE  THAN  TWO
SUCH TOWNS SHALL BE DEEMED TO ADJOIN IF EACH OF THEM HAS A COMMON BOUND-
ARY LINE WITH ANY OF THE OTHERS. TOWNS SHALL BE DEEMED TO ADJOIN WHERE A
COMMON  BOUNDARY LINE LIES ALONG OR WITHIN A PUBLIC HIGHWAY OR A BODY OF
WATER.
  3. "NEW TOWN". THE ADJOINING TOWN INTO WHICH ONE OR MORE OTHER ADJOIN-
ING TOWNS ARE MERGED.
  4. "HAMLET". A DESIGNATION WITHIN A NEW  TOWN  WHICH  MAY  IDENTIFY  A
PORTION  OF AN ADJOINING TOWN FOR PURPOSES OF LOCAL PLACE NAME IDENTIFI-
CATION OR HISTORICAL DESIGNATION.
  S 79-D. COMMENCEMENT OF MERGER STUDY. THE TOWN BOARDS OF TWO  OR  MORE
ADJOINING  TOWNS,  UPON  A  RESOLUTION,  MAY, AND UPON A PETITION OF THE
ELECTORS, SHALL COMMENCE A MERGER STUDY IN ACCORDANCE WITH THIS ARTICLE.
A PETITION TO COMMENCE A MERGER STUDY SHALL BE SUFFICIENT IF SIGNED  AND
ACKNOWLEDGED  BY  QUALIFIED  ELECTORS  IN EACH ADJOINING TOWN, IN NUMBER
EQUAL TO AT LEAST TEN PERCENT OF THE RESIDENT ELECTORS QUALIFIED TO VOTE
AT THE LAST GENERAL OR SPECIAL TOWN ELECTION, AND WHO SIGNED SUCH  PETI-
TION  NOT  EARLIER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO FILING THEREOF.
THE PETITION SHALL BE FILED WITH THE TOWN CLERK OF THE TOWN WHEREIN  THE
RESPECTIVE  ELECTORS  RESIDE. SUCH STUDY SHALL BE COMPLETED WITHIN EIGH-
TEEN MONTHS, EXCEPT THAT AN EXTENSION OF TIME MAY BE GRANTED  IF  AGREED
UPON BY THE TOWN BOARDS OF THE ADJOINING TOWNS.
  S 79-E. STUDY COMMITTEE. THE TOWN BOARDS OF ADJOINING TOWNS MAY ESTAB-
LISH  A JOINT STUDY COMMITTEE ON MERGER. THE COMMITTEE SHALL BE COMPOSED
OF AT LEAST ONE, BUT NO MORE THAN TWO  APPOINTEES  FROM  EACH  ADJOINING
TOWN GOVERNMENT. SUCH COMMITTEE SHALL ORGANIZE AND FORM SUBCOMMITTEES AS
IT  DEEMS  NECESSARY  OR DESIRABLE AND SHALL MAKE A REPORT OR REPORTS TO
THE ADJOINING TOWN BOARDS. THE REPORT OR REPORTS SHALL CONSIDER AND MAKE
RECOMMENDATIONS, WHERE DESIRABLE, REGARDING ANY SUBJECT TO BE  ADDRESSED
IN  A PLAN OF MERGER, ANCILLARY AGREEMENTS, AND ANY OTHER RELATED MATTER
IT DEEMS NECESSARY OR DESIRABLE TO ADDRESS.
  S 79-F. PLAN OF MERGER. THE STUDY COMMITTEE  ESTABLISHED  PURSUANT  TO
THIS ARTICLE SHALL DEVELOP A PLAN OF MERGER SETTING FORTH:
  1.  THE  NAME  OF  EACH  ADJOINING TOWN, THE CLASS AND NAME OF THE NEW
TOWN, DETAILS OF THE GOVERNMENTAL STRUCTURE OF THE NEW TOWN AND THE NAME
OF THE NEW TOWN;
  2. A PLAN FOR THE DISPOSITION OF PROPERTY OF THE ADJOINING TOWNS;
  3. A PLAN FOR THE PAYMENT OF OUTSTANDING OBLIGATIONS AND THE LEVY  AND
COLLECTION OF THE NECESSARY TAXES AND ASSESSMENTS THEREFOR;
  4.  A  PLAN  FOR THE APPORTIONMENT OF RESPONSIBILITY AND ALLOCATION OF
COSTS IN THE EVENT OF UNANTICIPATED  LIABILITY  INCURRED  PRIOR  TO  THE
MERGER;
  5.  THE  EFFECTIVE  DATE OF MERGER, INCLUDING A DESCRIPTION OF CIRCUM-
STANCES PURSUANT TO WHICH MERGER WILL NOT TAKE PLACE;
  6. THE NAMES AND GEOGRAPHIC AREAS DESIGNATED AS  HAMLETS  OF  THE  NEW
TOWN, IF ANY;
  7. A SUMMARY OF ANY ANCILLARY AGREEMENTS ENTERED INTO BY THE ADJOINING
TOWNS  PRIOR  TO  OR  WHICH  WILL  BE  ENTERED INTO UPON ADOPTION OF THE
PROPOSED PLAN OF MERGER;
  8. A PLAN FOR THE CONTINUED EMPLOYMENT OR THE SEPARATION FROM  EMPLOY-
MENT OF APPOINTED OFFICERS AND EMPLOYEES OF THE ADJOINING TOWNS; AND
  9.  WHERE  APPLICABLE,  A  PLAN  FOR  RETAINED AND SEPARATED EMPLOYEES
INCLUDING, BUT NOT LIMITED TO, SEVERANCE PAY, FILLING FUTURE  VACANCIES,
PARTICIPATION  IN HEALTH INSURANCE PLANS, INCENTIVE CREDITS IN A RETIRE-
MENT SYSTEM AND REPRESENTATION BY AN EMPLOYEE ORGANIZATION.

A. 1268                             3

  S 79-G. ANCILLARY AGREEMENTS. THE TOWN BOARDS OF THE  ADJOINING  TOWNS
MAY  ADOPT  ANCILLARY  AGREEMENTS  AS NECESSARY OR DESIRABLE TO EFFECT A
MERGER PURSUANT TO THE PROPOSED PLAN OF MERGER. ANCILLARY AGREEMENTS MAY
ADDRESS ANY MATTER RELATING TO THE MERGER INCLUDING, BUT NOT LIMITED TO,
THE CONTINUANCE OF GOVERNMENT, INTERIM OFFICERS, CONTINUANCE OF SERVICES
UPON  MERGER OF THE ADJOINING TOWNS, A DESCRIPTION OF CIRCUMSTANCES UPON
WHICH A MERGER SHALL NOT TAKE PLACE, AND  ANY  MATTER  RELATING  TO  THE
TRANSITION  OF GOVERNMENT PRIOR TO OR UPON THE EFFECTIVE DATE OF A MERG-
ER. THE TOWN BOARDS OF ADJOINING TOWNS PROPOSING TO ENTER INTO ANCILLARY
AGREEMENTS SHALL HOLD A JOINT PUBLIC HEARING THEREON PRIOR  TO  ADOPTION
IN  THE  MANNER  PROVIDED  BY THIS ARTICLE OR MAY BE HELD IN CONJUNCTION
WITH A PUBLIC HEARING ON A PLAN OF MERGER.
  S 79-H. PUBLIC HEARING. PRIOR TO ADOPTION OF A PLAN OF MERGER THE TOWN
BOARDS OF THE ADJOINING TOWNS SHALL CONDUCT A JOINT  PUBLIC  HEARING  ON
THE  PROPOSED  PLAN OF MERGER UPON AT LEAST TEN AND NOT MORE THAN TWENTY
DAYS NOTICE. SUCH ADJOINING TOWN  BOARDS  SHALL  CAUSE  NOTICE  OF  SUCH
PUBLIC HEARING TO BE PUBLISHED ONCE IN THEIR OFFICIAL NEWSPAPERS, OR, IF
THERE  IS  NO OFFICIAL NEWSPAPER, IN A NEWSPAPER HAVING A GENERAL CIRCU-
LATION IN THE AREA OF SUCH TOWNS. SUCH HEARING SHALL BE  HELD  NOT  LESS
THAN  NINE  MONTHS  AFTER  THE LAST DATE UPON WHICH A PETITION WAS FILED
WITH THE TOWN CLERK OF AN ADJOINING TOWN; OR THE LAST DATE A  RESOLUTION
TO  COMMENCE A MERGER STUDY WAS PASSED BY THE TOWN BOARD OF AN ADJOINING
TOWN. THE PROPOSED PLAN OF MERGER AND ANY ANCILLARY AGREEMENTS SHALL  BE
AVAILABLE  FOR  PUBLIC INSPECTION AT EACH ADJOINING TOWN OFFICE.  COPIES
OR ABSTRACTS THEREOF SHALL BE MADE AVAILABLE WITHOUT CHARGE.
  S 79-I. ADOPTION OF PLAN OF MERGER; ELECTION. 1. UPON ADOPTION OF  THE
PLAN  OF  MERGER BY THE TOWN BOARD OF EACH ADJOINING TOWN, A PROPOSITION
FOR MERGER  CONTAINING SUCH PLAN SHALL BE  SUBMITTED  TO  THE  QUALIFIED
ELECTORS  OF  EACH  ADJOINING  TOWN,  AT  THE  NEXT  SUCCEEDING  GENERAL
ELECTION, HELD NOT LESS THAN NINETY DAYS AFTER THE LAST DATE OF ADOPTION
OF THE PLAN OF MERGER BY AN ADJOINING TOWN.
  2. WITHIN THIRTY DAYS AFTER THE ADOPTION OF THE PLAN OF MERGER BY  THE
TOWN  BOARD  OF  EACH  ADJOINING  TOWN AND UNTIL THE DATE OF THE GENERAL
ELECTION AT WHICH THE PROPOSITION IS TO BE DECIDED, THE ADOPTED PLAN  OF
MERGER  AND  AN ABSTRACT THEREOF SHALL BE AVAILABLE FOR PUBLIC REVIEW AT
THE OFFICE OF THE TOWN CLERK OF EACH ADJOINING TOWN AND  AT  SUCH  OTHER
READILY  ACCESSIBLE PLACES AS LIBRARIES, WITHIN THE TERRITORY OF EACH OF
THE ADJOINING TOWNS.
  3. THE ADOPTED PLAN OF  MERGER,  OR  AN  ABSTRACT  THEREOF,  SHALL  BE
PUBLISHED IN THE SAME MANNER AS NOTICE OF THE PUBLIC HEARING REQUIRED BY
THIS ARTICLE, BUT NOT MORE THAN TWENTY DAYS NOR LESS THAN TEN DAYS PRIOR
TO THE GENERAL ELECTION AT WHICH THE PROPOSITION IS TO BE DECIDED.
  4.  THE  PROPOSITION TO BE VOTED UPON SHALL STATE: "SHALL THE TOWNS OF
(NAMES OF ADJOINING TOWNS) BE MERGED TO BECOME THE TOWN OF (NAME OF  NEW
TOWN)  PURSUANT  TO  THE ADOPTED PLAN OF MERGER AND THE ANCILLARY AGREE-
MENTS RELATED THERETO?"
  5. IF SUCH PROPOSITION IS APPROVED BY  A  MAJORITY  OF  THE  QUALIFIED
ELECTORS  OF  EACH  ADJOINING TOWN VOTING THEREON, A CERTIFICATE OF SUCH
ELECTION SHALL BE FILED WITH THE SECRETARY OF STATE, WITH THE CLERKS  OF
EACH ADJOINING TOWN AND WITH THE COUNTY CLERK OF THE COUNTY IN WHICH THE
ADJOINING TOWNS ARE SITUATED.
  S  79-J. EFFECT OF MERGER; EFFECTIVE DATE.  1. UPON THE EFFECTIVE DATE
OF THE MERGER, THE ADJOINING TOWNS SHALL MERGE INTO THE NEW  TOWN.  SUCH
NEW TOWN SHALL POSSESS WITHIN THE BOUNDARIES OF THE ADJOINING TOWNS, ALL
POWERS THAT THE ADJOINING TOWNS POSSESSED.

A. 1268                             4

  2.  UNLESS  THE  PLAN OF MERGER AND ANCILLARY AGREEMENTS SHALL PROVIDE
OTHERWISE, THE OUTSTANDING DEBTS AND OBLIGATIONS OF THE ADJOINING  TOWNS
AS  THE  SAME  SHALL BECOME DUE AND PAYABLE, SHALL BE ASSUMED BY THE NEW
TOWN AND BE A CHARGE UPON THE TAXABLE PROPERTY WITHIN THE LIMITS OF  THE
NEW  TOWN  AND  COLLECTED  IN  THE SAME MANNER AS THE NEW TOWN TAXES AND
CHARGES. THE NEW TOWN SHALL  BE  RESPONSIBLE  FOR  SATISFACTION  OF  ANY
OUTSTANDING  OBLIGATIONS BETWEEN ADJOINING TOWNS AND THE STATE. THE TOWN
BOARD OF THE NEW TOWN SHALL HAVE ALL POWERS WITH RESPECT TO  SUCH  DEBTS
AND OBLIGATIONS AS THE TOWN BOARDS OF THE ADJOINING TOWNS, INCLUDING THE
POWER  TO  ISSUE  BONDS  TO REDEEM BOND ANTICIPATION NOTES ISSUED BY THE
ADJOINING TOWNS. ALL INDEBTEDNESS  INCURRED  ON  BEHALF  OF  SPECIAL  OR
IMPROVEMENT DISTRICTS SHALL REMAIN AS IF SUCH TOWNS HAD NOT MERGED.
  3.  UNLESS  THE  MERGER  PLAN SHALL PROVIDE OTHERWISE, ALL LOCAL LAWS,
ORDINANCES, RULES AND REGULATIONS OF THE ADJOINING TOWNS  IN  EFFECT  ON
THE  DATE  OF THE MERGER, INCLUDING BUT NOT LIMITED TO ZONING ORDINANCES
AND LOCAL LAWS, SHALL REMAIN IN EFFECT FOR A PERIOD OF TWO YEARS FOLLOW-
ING THE MERGER AS IF THEY HAD BEEN DULY ADOPTED  BY  THE  NEW  TOWN  AND
SHALL  BE  ENFORCED  BY  THE NEW TOWN WITHIN THE LIMITS OF THE NEW TOWN,
EXCEPT THAT THE NEW TOWN SHALL HAVE THE POWER TO AMEND  OR  REPEAL  SUCH
LOCAL  LAWS,  ORDINANCES,  RULES  AND  REGULATIONS AT ANY TIME AFTER THE
MERGER.
  4. UPON MERGER, ALL RECORDS, BOOKS AND PAPERS OF THE  ADJOINING  TOWNS
SHALL  BE  DEPOSITED  WITH THE TOWN CLERK OF THE NEW TOWN AND THEY SHALL
THEREUPON BECOME RECORDS OF THE NEW TOWN.
  5. UNLESS THE PLAN OF MERGER AND ANCILLARY  AGREEMENTS  SHALL  PROVIDE
OTHERWISE,  ALL  OF  THE REAL AND PERSONAL PROPERTY, AND OTHER ASSETS OF
THE ADJOINING TOWNS SHALL BECOME THE PROPERTY  OF  THE  NEW  TOWN.    NO
ACTION  OR  CLAIM FOR OR AGAINST ANY ADJOINING TOWN SHALL BE AFFECTED BY
REASON OF ITS MERGER INTO THE NEW TOWN.
  6. AT LEAST SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE MERGER,  THE
TOWN  BOARDS OF THE ADJOINING TOWNS, WITH THE EXCEPTION OF THE NEW TOWN,
SHALL PRESENT THE ASSESSMENT ROLLS OF  THEIR  RESPECTIVE  TOWNS  TO  THE
LEGISLATIVE  BODY  OF THE COUNTY. SUCH LEGISLATIVE BODY SHALL CAUSE EACH
OF THE ASSESSMENTS THEREON TO BE TRANSFERRED AND ADDED TO THE ASSESSMENT
ROLL OF THE NEW TOWN AND ALL OF THE  ASSESSMENTS  SO  TRANSFERRED  SHALL
UPON  THE  EFFECTIVE  DATE  OF  MERGER, FOR TAX PURPOSES, BE PART OF THE
TAXABLE PROPERTY AND ASSESSMENTS OF THE NEW TOWN.
  7. UNLESS THE PLAN OF MERGER AND ANCILLARY AGREEMENTS  PROVIDE  OTHER-
WISE,  THE MERGER SHALL TAKE EFFECT AFTER THE THIRTY-FIRST DAY OF DECEM-
BER IN THE ODD NUMBERED YEAR FOLLOWING THE YEAR IN WHICH SUCH  RATIFICA-
TION OCCURRED.
  S  79-K. ELECTIONS FOR OFFICERS OF THE NEW TOWN. 1. UNLESS THE PLAN OF
MERGER AND ANCILLARY AGREEMENTS PROVIDE OTHERWISE, ELECTIONS  FOR  OFFI-
CERS OF THE NEW TOWN SHALL BE HELD ON THE DAY OF THE GENERAL ELECTION IN
THE  ODD  NUMBERED  YEAR  FOLLOWING  THE  YEAR  IN  WHICH  SUCH APPROVAL
OCCURRED. SUCH OFFICERS SHALL TAKE OFFICE UPON THE EFFECTIVE DATE OF THE
MERGER.
  2. THE TERM OF ALL ELECTED TOWN OFFICIALS OF THE ADJOINING TOWNS SHALL
EXPIRE WHEN THE MERGER BECOMES EFFECTIVE.
  3. THE MERGER SHALL NOT AFFECT ANY VILLAGE LOCATED WHOLLY OR PARTIALLY
WITHIN AN ADJOINING TOWN INVOLVED IN SUCH MERGER.
  S 79-L. SERVICES CONTINUED. 1. UNLESS THE PLAN OF MERGER AND ANCILLARY
AGREEMENTS PROVIDE OTHERWISE OR UNLESS LIMITED BY OPERATION OF LAW,  THE
NEW  TOWN SHALL CONTINUE TO PERFORM AND TO RENDER IN EACH ADJOINING TOWN
AREA ALL THOSE FUNCTIONS AND SERVICES PERFORMED  AND  RENDERED  BY  SUCH

A. 1268                             5

ADJOINING  TOWN THEREIN AND THEREFOR ON THE DATE OF ADOPTION OF THE PLAN
OF MERGER AND ANCILLARY AGREEMENTS.
  2.  UNLESS  THE PLAN OF MERGER AND ANCILLARY AGREEMENTS PROVIDE OTHER-
WISE,  ANY  TOWN  IMPROVEMENT  DISTRICT  AND  ANY  FIRE  DISTRICT,  FIRE
PROTECTION  DISTRICT OR FIRE ALARM DISTRICT, WHOLLY OR PARTIALLY LOCATED
IN AN ADJOINING TOWN, SHALL CONTINUE TO PERFORM AND TO  RENDER  IN  SUCH
ADJOINING  TOWN  AREA  ALL  THOSE  FUNCTIONS AND SERVICES RENDERED BY IT
THEREIN AND THEREFOR ON THE DATE OF THE ADOPTION OF THE PLAN OF MERGER.
  3. THE COST AND EXPENSE OF SO PERFORMING AND  SO  RENDERING  FUNCTIONS
AND  SERVICES  CONTINUED  PURSUANT  TO  THIS  SECTION SHALL BE BUDGETED,
LEVIED UPON, ASSESSED AGAINST AND COLLECTED FROM THE AREA SERVED  AS  IF
NO MERGER HAD TAKEN PLACE.
  S  79-M.  NOTIFICATION  AND  SUBMISSION  OF THE PLAN OF MERGER; AGENCY
ASSISTANCE. NOT LESS THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE EFFECTIVE
DATE OF A MERGER, THE ADJOINING TOWNS THROUGH A JOINT  RESOLUTION  SHALL
NOTIFY  THE DIVISION OF THE BUDGET, THE STATE COMPTROLLER, THE OFFICE OF
REAL PROPERTY SERVICES AND THE COMMISSIONER OF TAXATION AND  FINANCE  OF
THE  SCHEDULED  MERGER,  AND SHALL SUBMIT THERETO THE PLAN OF MERGER AND
ANY ANCILLARY AGREEMENTS, CONTRACTS OR OTHER LEGALLY BINDING AGREEMENTS.
UPON RELATED REQUEST, SUCH  AGENCIES  AND  OFFICERS  SHALL  PROVIDE  ANY
INFORMATION  OR  TECHNICAL SUPPORT TO THE ADJOINING TOWNS, TO THE EXTENT
AVAILABLE WITHIN THE AGENCY AND NOT PROHIBITED BY ANY PROVISION  OF  LAW
PROVIDING  FOR THE CONFIDENTIALITY OF SUCH INFORMATION, TO HELP EFFECTU-
ATE THE MERGER OF SUCH TOWNS.
  S 2.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.