LBD13052-07-7
S. 6824 2
795-S. LIABILITY OF OFFICIALS AND EMPLOYEES.
795-T. LAWS GOVERNING MERGED ENTITIES.
795-U. SEPARABILITY.
§ 795-A. COMMENCING THE PROCEEDING. 1. A CITY MAY BE MERGED WITH THE
COUNTY IN WHICH IT LIES BY THE PROCEDURE DESCRIBED IN THIS ARTICLE TO
CREATE A MERGED ENTITY.
2. THE MERGER PROCEEDINGS MAY BE COMMENCED BY:
(A) A JOINT RESOLUTION OF THE GOVERNING BODY OF THE COUNTY AND THE
CITY TO BE MERGED ENDORSING A PROPOSED MERGER PLAN; OR
(B) ELECTOR INITIATIVE.
§ 795-B. PROPOSED MERGER PLAN. 1. THE GOVERNING BODY OF A COUNTY AND
A CITY MAY, BY JOINT RESOLUTION, ENDORSE A PROPOSED MERGER PLAN FOR THE
PURPOSE OF COMMENCING MERGER PROCEEDINGS UNDER THIS ARTICLE.
2. THE PROPOSED MERGER PLAN SHALL SPECIFY:
(A) THE NAME OF THE COUNTY AND CITY TO BE MERGED;
(B) THE TERRITORIAL BOUNDARIES OF THE MERGING COUNTY AND CITY;
(C) THE TYPE AND/OR CLASS OF THE COUNTY AND CITY;
(D) A FISCAL ESTIMATE OF THE COST OF THE MERGER;
(E) ANY PLAN FOR THE TRANSFER OR ELIMINATION OF PUBLIC EMPLOYEES;
(F) THE COUNTY'S AND CITY'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 COUNTY'S AND CITY'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 COUNTY TO BE MERGED BY OTHER
MUNICIPALITIES WITHIN SUCH COUNTY IN ORDER TO CARRY OUT THE MERGER;
(I) THE MANNER AND MEANS BY WHICH THE RESIDENTS OF THE COUNTY AND CITY
WILL CONTINUE TO BE FURNISHED MUNICIPAL SERVICES BY THE MERGED ENTITY
FOLLOWING THE MERGER;
(J) TERMS FOR THE DISPOSITION OF THE COUNTY'S AND CITY'S ASSETS AND
THE DISPOSITION OF THEIR 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 COUNTY OR CITY SHALL REMAIN IN EFFECT AFTER THE EFFECTIVE
DATE OF THE MERGER OR SHALL REMAIN IN EFFECT FOR A PERIOD OF TIME OTHER
THAN AS PROVIDED BY SECTION SEVEN HUNDRED NINETY-FIVE-Q OF THIS ARTICLE;
(L) THE EFFECTIVE DATE OF THE PROPOSED MERGER;
(M) THE TIME AND PLACE OR PLACES FOR A PUBLIC HEARING OR HEARINGS ON
THE PROPOSED MERGER PLAN PURSUANT TO SECTION SEVEN HUNDRED NINETY-FIVE-D
OF THIS ARTICLE; AND
(N) ANY OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE MERGER.
§ 795-C. PUBLICATION OF PROPOSED MERGER PLAN. NO LATER THAN FIVE
BUSINESS DAYS AFTER COMMENCEMENT OF MERGER PROCEEDINGS PURSUANT TO
SECTION SEVEN HUNDRED NINETY-FIVE-B OF THIS ARTICLE, THE GOVERNING BODY
OF THE MERGING COUNTY AND CITY SHALL:
1. CAUSE A COPY OF THE PROPOSED MERGER 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 CITY;
2. CAUSE THE PROPOSED MERGER PLAN, ALONG WITH A DESCRIPTIVE SUMMARY
THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE CITY
WHERE A COPY THEREOF MAY BE EXAMINED, TO BE DISPLAYED ON A WEBSITE MAIN-
TAINED BY THE CITY AND ON A WEBSITE MAINTAINED BY THE COUNTY TO BE
MERGED;
3. ARRANGE TO BE PUBLISHED A DESCRIPTIVE SUMMARY OF THE PROPOSED MERG-
ER PLAN AND A REFERENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE CITY
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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
COUNTY AND CITY; AND
4. CAUSE THE PROPOSED MERGER PLAN TO BE MAILED BY CERTIFIED OR REGIS-
TERED MAIL TO THE GOVERNING BODY OF THE COUNTY TO BE MERGED.
§ 795-D. PUBLIC HEARINGS ON PROPOSED MERGER PLAN. 1. THE GOVERNING
BODY OF THE COUNTY AND CITY TO BE MERGED SHALL SET A TIME AND PLACE OR
PLACES FOR ONE OR MORE PUBLIC HEARINGS ON THE PROPOSED MERGER PLAN. THE
HEARING OR HEARINGS SHALL BE HELD NO LESS THAN THIRTY-FIVE DAYS AND NO
MORE THAN NINETY DAYS AFTER COMMENCEMENT OF MERGER PROCEEDINGS PURSUANT
TO SECTION SEVEN HUNDRED NINETY-FIVE-B OF THIS ARTICLE. ANY INTERESTED
PERSON SHALL BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON ANY ASPECT
OF THE PROPOSED MERGER.
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 COUNTY AND CITY TO BE
MERGED AND DISPLAYED ON A WEBSITE MAINTAINED BY THE CITY AND ON A
WEBSITE MAINTAINED BY THE COUNTY TO BE MERGED. THE NOTICE OF THE HEARING
OR HEARINGS SHALL PROVIDE A DESCRIPTIVE SUMMARY OF THE PROPOSED MERGER
PLAN AND A REFERENCE TO THE PUBLIC PLACE OR PLACES WITHIN THE CITY WHERE
A COPY OF SUCH PLAN MAY BE EXAMINED.
3. AFTER COMPLETION OF THE FINAL HEARING, THE GOVERNING BODY OF THE
COUNTY AND CITY TO BE MERGED MAY AMEND THE PROPOSED MERGER PLAN,
PROVIDED THAT THE AMENDED VERSION COMPLIES WITH THE PROVISIONS OF SUBDI-
VISION TWO OF SECTION SEVEN HUNDRED NINETY-FIVE-B OF THIS ARTICLE AND IS
PUBLICIZED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND/OR APPROVE
A FINAL VERSION OF THE MERGER PLAN, OR DECLINE TO PROCEED FURTHER WITH
MERGER PROCEEDINGS. ANY APPROVAL BY A GOVERNING BODY OF A FINAL VERSION
OF THE MERGER PLAN MUST OCCUR WITHIN ONE HUNDRED EIGHTY DAYS OF THE
FINAL HEARING.
4. NO LATER THAN FIVE BUSINESS DAYS AFTER AMENDING THE PROPOSED MERGER
PLAN, THE GOVERNING BODIES OF THE COUNTY AND CITY TO BE MERGED SHALL:
(A) CAUSE A COPY OF THE AMENDED VERSION OF THE PROPOSED MERGER 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 CITY; AND
(B) CAUSE THE AMENDED VERSION OF THE PROPOSED MERGER PLAN, ALONG WITH
A DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR
PLACES WITHIN THE CITY WHERE A COPY THEREOF MAY BE EXAMINED, TO BE
DISPLAYED ON A WEBSITE MAINTAINED BY THE CITY AND ON A WEBSITE MAIN-
TAINED BY THE COUNTY TO BE MERGED.
§ 795-E. REFERENDUM RESOLUTION FOR MERGER. 1. CONTEMPORANEOUS WITH
THE FINAL APPROVAL OF THE MERGER PLAN PURSUANT TO SUBDIVISION THREE OF
SECTION SEVEN HUNDRED NINETY-FIVE-D OF THIS ARTICLE, THE GOVERNING
BODIES OF THE COUNTY AND CITY SHALL ENACT A JOINT RESOLUTION CALLING FOR
A REFERENDUM ON THE PROPOSED MERGER BY THE ELECTORS IN THE COUNTY AND
CITY.
2. THE RESOLUTION CALLING FOR THE REFERENDUM ON THE PROPOSED MERGER
SHALL:
(A) PROVIDE (I) THE NAME OF THE COUNTY AND CITY TO BE MERGED; AND (II)
THE DATE FOR THE REFERENDUMS, IN ACCORDANCE WITH SUBDIVISION ONE OF
SECTION SEVEN HUNDRED NINETY-FIVE-H OF THIS ARTICLE;
(B) STATE THE SUBSTANCE OF THE QUESTION TO BE SUBMITTED TO THE ELEC-
TORS; AND
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(C) SET FORTH SUCH OTHER MATTERS AS MAY BE NECESSARY TO CALL, PROVIDE
FOR AND GIVE NOTICE OF THE REFERENDUMS AND TO PROVIDE FOR THE CONDUCT
THEREOF AND THE CANVASS OF THE RETURNS THEREUPON.
3. THE JOINT RESOLUTION CALLING FOR THE REFERENDUMS ON THE PROPOSED
MERGER SHALL HAVE ATTACHED TO IT THE FINAL APPROVED VERSION OF THE MERG-
ER PLAN.
§ 795-F. EFFECTIVE DATE OF MERGER PLAN. A COUNTY AND CITY MERGED
PURSUANT TO A MERGER PLAN SHALL CONTINUE TO BE GOVERNED AS BEFORE BEING
MERGED UNTIL THE EFFECTIVE DATE OF THE MERGER SPECIFIED IN THE MERGER
PLAN; PROVIDED, HOWEVER, THAT NO MERGER PLAN SHALL TAKE EFFECT UNLESS
APPROVED BY A MAJORITY OF ELECTORS OF BOTH THE COUNTY AND THE CITY AT
REFERENDUMS CALLED THROUGH A JOINT RESOLUTION ENACTED PURSUANT TO
SECTION SEVEN HUNDRED NINETY-FIVE-E OF THIS ARTICLE.
§ 795-G. INITIATIVE OF ELECTORS SEEKING MERGER. 1. THE ELECTORS OF A
COUNTY OR CITY MAY COMMENCE A MERGER 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 THE COUNTY CLERK. ACCOMPANY-
ING 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 TEN THOUSAND ELECTORS, WHICHEVER IS LESS,
IN THE COUNTY TO BE MERGED; PROVIDED, HOWEVER, THAT WHERE THE COUNTY TO
BE MERGED CONTAINS FIFTY THOUSAND OR FEWER ELECTORS, THE PETITION SHALL
CONTAIN THE SIGNATURES OF AT LEAST TWENTY PERCENT OF THE NUMBER OF ELEC-
TORS. ADDITIONALLY, AT LEAST THIRTY PERCENT OF THE REQUIRED NUMBER OF
SIGNATURES ON THE PETITION MUST BE FROM ELECTORS IN THE CITY TO BE
MERGED. 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 COUNTY AND CITY MERGER
WE, THE UNDERSIGNED, ELECTORS AND LEGAL VOTERS OF THE COUNTY OF
(INSERT NAME OF THE COUNTY), NEW YORK, QUALIFIED TO VOTE AT THE NEXT
GENERAL OR SPECIAL ELECTION, RESPECTFULLY PETITION THAT THERE BE SUBMIT-
TED TO THE ELECTORS OF THE COUNTY OF (NAME OF THE COUNTY PROPOSED TO BE
MERGED), FOR THEIR APPROVAL OR REJECTION AT A REFERENDUM HELD FOR THAT
PURPOSE, A PROPOSAL TO MERGE THE COUNTY OF (NAME OF THE COUNTY) WITH THE
CITY OF (NAME OF THE CITY).
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
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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 MERGER
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 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 COUNTY AND CITY TO BE MERGED
SHALL, NO LATER THAN THIRTY DAYS THEREAFTER, ENACT A JOINT RESOLUTION IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINETY-FIVE-E
OF THIS ARTICLE CALLING FOR A REFERENDUM ON THE PROPOSED MERGER BY THE
ELECTORS IN THE COUNTY AND THE CITY AND SET A DATE FOR SUCH REFERENDUM.
§ 795-H. CONDUCT OF REFERENDUM. 1. A REFERENDUM ON A PROPOSED MERGER
REQUIRED BY SECTIONS SEVEN HUNDRED NINETY-FIVE-E AND SEVEN HUNDRED NINE-
TY-FIVE-G OF THIS ARTICLE SHALL BE PLACED BEFORE THE ELECTORS IN THE
COUNTY AND THE CITY TO BE MERGED AT A SPECIAL ELECTION TO BE HELD NOT
LESS THAN SIXTY OR MORE THAN NINETY DAYS AFTER THE ENACTMENT OF A JOINT
RESOLUTION CALLING FOR THE REFERENDUM, PROVIDED, HOWEVER, THAT IN CASES
WHERE A COUNTY OR CITY GENERAL ELECTION FALLS WITHIN SUCH PERIOD, THE
REFERENDUM QUESTION MAY BE CONSIDERED DURING A CITY GENERAL ELECTION.
2. NOTICE OF THE REFERENDUM SHALL BE GIVEN TO THE ELECTORS OF THE
COUNTY AND CITY TO BE MERGED BY PUBLICATION IN A NEWSPAPER HAVING A
GENERAL CIRCULATION WITHIN THE BOUNDARIES OF THE COUNTY 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 JOINT RESOLUTION AND MERGER PLAN
OR PETITION FOR MERGER, AS THE CASE MAY BE;
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(B) A STATEMENT AS TO WHERE MAY BE EXAMINED COPIES OF THE JOINT RESOL-
UTION AND MERGER PLAN OR PETITION FOR MERGER, AS THE CASE MAY BE;
(C) THE NAME OF THE COUNTY AND CITY TO BE MERGED AND A STATEMENT FULLY
DESCRIBING THEIR 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 COUNTY
AND THE CITY TO BE MERGED SHALL BE IN A FORM READING SUBSTANTIALLY AS
FOLLOWS:
"SHALL (INSERT NAME OF THE COUNTY AND THE NAME OF THE CITY) BE MERGED?
YES ____
NO ____"
4. IN ANY REFERENDUM HELD PURSUANT TO THIS TITLE, THE COUNTY OR THE
CITY TO BE MERGED HOLDING THE REFERENDUM SHALL BEAR THE COSTS ASSOCIATED
WITH THE CONDUCT OF SUCH REFERENDUM.
5. IN ANY REFERENDUM HELD PURSUANT TO THIS ARTICLE, AND EXCEPT AS
OTHERWISE SPECIFIED HEREIN, THE REFERENDUM SHALL BE CONDUCTED IN THE
SAME MANNER AS OTHER MUNICIPAL ELECTIONS OR REFERENDUMS FOR THE COUNTY
OR CITY CONDUCTING THE REFERENDUM.
§ 795-I. CANVASSING OF VOTE; MORATORIUM ON FURTHER REFERENDUM. 1. IN
ANY REFERENDUM HELD PURSUANT TO THIS ARTICLE, 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 COUNTY OR
CITY CONDUCTING THE REFERENDUM.
2. THE MERGER SHALL NOT TAKE EFFECT UNLESS A MAJORITY OF THE ELECTORS
VOTING IN BOTH THE COUNTY AND THE CITY IN WHICH THE REFERENDUMS ARE HELD
VOTE IN FAVOR OF MERGER. IF SUCH A MAJORITY VOTE DOES NOT RESULT FROM
EITHER REFERENDUM, THE REFERENDUMS SHALL FAIL AND MERGER SHALL NOT TAKE
EFFECT.
3. IF MERGER IS APPROVED BY A MAJORITY OF THE ELECTORS VOTING IN BOTH
THE COUNTY AND THE CITY REFERENDUMS, CERTIFICATES OF SUCH RESULTS IMME-
DIATELY SHALL BE FILED WITH THE SECRETARY OF STATE AND WITH THE CLERKS
OF THE CITY AND COUNTY IN WHICH THE MERGER IS TO OCCUR.
4. IF EITHER REFERENDUM SHALL FAIL, THE MERGER PROCESS SPECIFIED BY
THIS ARTICLE SHALL NOT BE INITIATED FOR THE COUNTY OR CITY 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 NINETY-FIVE-M OF THIS ARTICLE.
§ 795-J. DUTY TO APPROVE PROPOSED ELECTOR INITIATED MERGER PLAN. 1.
IN THE CASE OF A PROPOSED MERGER OF A COUNTY AND A CITY PROPERLY INITI-
ATED BY PETITION OF ELECTORS PURSUANT TO SECTION SEVEN HUNDRED NINETY-
FIVE-G OF THIS ARTICLE, IF A MAJORITY OF THE ELECTORS VOTING AT EACH
REFERENDUM VOTE IN FAVOR OF MERGER, THE COUNTY'S AND CITY'S GOVERNING
BODIES SHALL MEET WITHIN THIRTY DAYS AFTER CERTIFICATION OF THE FAVORA-
BLE VOTE AND, WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH MEETING, PREPARE
AND APPROVE A PROPOSED ELECTOR INITIATED MERGER PLAN.
2. THE PROPOSED ELECTOR INITIATED MERGER PLAN SHALL SPECIFY:
(A) THE NAME OF THE COUNTY AND CITY TO BE MERGED;
(B) THE TERRITORIAL BOUNDARIES OF THE COUNTY AND CITY;
(C) THE TYPE AND/OR CLASS OF THE COUNTY AND CITY;
(D) A FISCAL ESTIMATE OF THE COST OF MERGER;
(E) ANY PLAN FOR THE TRANSFER OR ELIMINATION OF PUBLIC EMPLOYEES;
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(F) THE COUNTY'S AND CITY'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 COUNTY'S AND CITY'S LIABILITIES AND INDEBTEDNESS, BONDED AND
OTHERWISE, AND THE FAIR VALUE THEREOF IN CURRENT MONEY OF THE UNITED
STATES;
(H) ANY AGREEMENTS ENTERED INTO BY OTHER MUNICIPALITIES THE COUNTY TO
BE MERGED IN ORDER TO CARRY OUT THE MERGER;
(I) THE MANNER AND MEANS BY WHICH THE RESIDENTS OF THE COUNTY AND CITY
WILL CONTINUE TO BE FURNISHED MUNICIPAL SERVICES BY THE MERGED ENTITY
FOLLOWING THE MERGER;
(J) TERMS FOR THE DISPOSITION OF THE COUNTY'S AND CITY'S ASSETS AND
THE DISPOSITION OF THEIR 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 COUNTY OR CITY SHALL REMAIN IN EFFECT AFTER THE EFFECTIVE
DATE OF THE MERGER OR SHALL REMAIN IN EFFECT FOR A PERIOD OF TIME OTHER
THAN AS PROVIDED BY SECTION SEVEN HUNDRED NINETY-FIVE-Q OF THIS ARTICLE;
(L) THE EFFECTIVE DATE OF THE MERGER;
(M) THE TIME AND PLACE OR PLACES FOR A PUBLIC HEARING OR HEARINGS ON
SUCH PROPOSED MERGER PLAN PURSUANT TO SECTION SEVEN HUNDRED
NINETY-FIVE-L OF THIS ARTICLE; AND
(N) ANY OTHER MATTER DESIRABLE OR NECESSARY TO CARRY OUT THE MERGER.
§ 795-K. PUBLICATION OF PROPOSED ELECTOR INITIATED MERGER PLAN. NO
LATER THAN FIVE BUSINESS DAYS AFTER APPROVING AN ELECTOR INITIATED MERG-
ER PLAN PURSUANT TO SECTION SEVEN HUNDRED NINETY-FIVE-J OF THIS ARTICLE,
THE GOVERNING BODIES OF THE COUNTY AND CITY TO BE MERGED SHALL:
1. CAUSE A COPY OF THE PROPOSED ELECTOR INITIATED MERGER PLAN, 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 THE
CITY;
2. CAUSE THE PROPOSED ELECTOR INITIATED MERGER PLAN, ALONG WITH A
DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE PUBLIC PLACE OR PLAC-
ES WITHIN THE CITY WHERE A COPY THEREOF MAY BE EXAMINED, TO BE DISPLAYED
ON A WEBSITE MAINTAINED BY THE CITY AND ON A WEBSITE MAINTAINED BY THE
COUNTY TO BE MERGED; AND
3. ARRANGE TO BE PUBLISHED A DESCRIPTIVE SUMMARY OF THE PROPOSED ELEC-
TOR INITIATED MERGER PLAN AND A REFERENCE TO THE PUBLIC PLACE OR PLACES
WITHIN THE CITY WHERE A COPY THEREOF MAY BE EXAMINED, AT LEAST ONCE EACH
WEEK FOR FOUR SUCCESSIVE WEEKS IN A NEWSPAPER HAVING A GENERAL CIRCU-
LATION WITHIN THE COUNTY; AND
4. CAUSE THE PROPOSED ELECTOR INITIATED MERGER PLAN TO BE MAILED BY
CERTIFIED OR REGISTERED MAIL TO THE GOVERNING BODY OF THE COUNTY IN
WHICH THE CITY IS SITUATED.
§ 795-L. PUBLIC HEARINGS ON PROPOSED ELECTOR INITIATED MERGER PLAN.
1. THE GOVERNING BODIES OF THE COUNTY AND CITY TO BE MERGED SHALL SET A
TIME AND PLACE OR PLACES FOR ONE OR MORE PUBLIC HEARINGS ON THE PROPOSED
ELECTOR INITIATED MERGER 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 MERGER PLAN IS APPROVED PURSUANT TO SECTION
SEVEN HUNDRED NINETY-FIVE-J OF THIS ARTICLE. ANY INTERESTED PERSON SHALL
BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON ANY ASPECT OF THE
PROPOSED MERGER.
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 COUNTY AND CITY TO BE
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MERGED AND DISPLAYED ON A WEBSITE MAINTAINED BY THE CITY AND ON A
WEBSITE MAINTAINED BY THE COUNTY TO BE MERGED. THE NOTICE OF THE HEARING
OR HEARINGS SHALL PROVIDE A DESCRIPTIVE SUMMARY OF THE PROPOSED ELECTOR
INITIATED MERGER PLAN, AND A REFERENCE TO THE PUBLIC PLACE OR PLACES
WITHIN THE CITY WHERE A COPY OF SUCH PLAN MAY BE EXAMINED.
3. AFTER COMPLETION OF THE FINAL HEARING, THE GOVERNING BODY OF THE
COUNTY AND CITY TO BE MERGED MAY AMEND THE PROPOSED ELECTOR INITIATED
MERGER PLAN, PROVIDED THAT THE AMENDED VERSION COMPLIES WITH THE
PROVISIONS OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINETY-FIVE-J OF
THIS ARTICLE AND IS PUBLICIZED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION. THE GOVERNING BODIES MUST APPROVE A FINAL VERSION OF THE ELEC-
TOR INITIATED MERGER PLAN WITHIN SIXTY DAYS OF SUCH FINAL HEARING.
4. NO LATER THAN FIVE BUSINESS DAYS AFTER AMENDING THE PROPOSED ELEC-
TOR INITIATED MERGER PLAN, THE GOVERNING BODY OF THE COUNTY AND CITY TO
BE MERGED SHALL:
(A) CAUSE A COPY OF THE AMENDED VERSION OF THE PROPOSED ELECTOR INITI-
ATED MERGER 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 CITY; AND
(B) CAUSE THE AMENDED VERSION OF THE PROPOSED ELECTOR INITIATED MERGER
PLAN, ALONG WITH A DESCRIPTIVE SUMMARY THEREOF AND A REFERENCE TO THE
PUBLIC PLACE OR PLACES WITHIN THE CITY WHERE A COPY THEREOF MAY BE EXAM-
INED, TO BE DISPLAYED ON A WEBSITE MAINTAINED BY THE CITY AND ON A
WEBSITE MAINTAINED BY THE COUNTY TO BE MERGED.
§ 795-M. EFFECTIVE DATE OF ELECTOR INITIATED MERGER PLAN; PERMISSIVE
REFERENDUM. 1. A COUNTY AND CITY MERGED PURSUANT TO AN ELECTOR INITI-
ATED MERGER PLAN SHALL CONTINUE TO BE GOVERNED AS BEFORE THE MERGER
UNTIL THE EFFECTIVE DATE OF THE MERGER SPECIFIED IN THE ELECTOR INITI-
ATED MERGER 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 NINETY-FIVE-L OR SUBDIVISION THREE OF SECTION SEVEN
HUNDRED NINETY-FIVE-N OF THIS ARTICLE.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE ELECTOR INITI-
ATED MERGER 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 NINETY-FIVE-L OR SUBDIVISION THREE OF SECTION
SEVEN HUNDRED NINETY-FIVE-N OF THIS ARTICLE, ELECTORS OF THE COUNTY AND
THE CITY TO BE MERGED 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 MERGER PLAN
SHALL TAKE EFFECT, WITH THE COUNTY CLERK; 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
NINETY-FIVE-G OF THIS ARTICLE, SHALL CONTAIN THE SIGNATURES OF AT LEAST
TWENTY PERCENT OF THE NUMBER OF ELECTORS OR FIFTEEN THOUSAND ELECTORS,
WHICHEVER IS LESS, IN THE COUNTY TO BE MERGED, 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 MERGER 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
S. 6824 9
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 BODIES OF THE COUNTY AND THE CITY TO BE MERGED
SHALL WITHIN THIRTY DAYS ENACT A JOINT RESOLUTION CALLING FOR REFEREN-
DUMS BY THE ELECTORS ON THE QUESTION WHETHER THE ELECTOR INITIATED MERG-
ER PLAN SHALL TAKE EFFECT AND SET A DATE FOR SUCH REFERENDUMS IN ACCORD-
ANCE WITH SUBDIVISION FIVE OF THIS SECTION.
5. THE REFERENDUMS ON THE QUESTION WHETHER THE ELECTOR INITIATED MERG-
ER 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
JOINT RESOLUTION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, PROVIDED,
HOWEVER, THAT IN CASES WHERE A COUNTY OR A CITY GENERAL ELECTION FALLS
WITHIN SUCH PERIOD, THE REFERENDUM QUESTION MAY BE CONSIDERED DURING A
COUNTY OR A CITY GENERAL ELECTION.
6. NOTICE OF THE REFERENDUMS SHALL BE GIVEN TO THE ELECTORS OF THE
COUNTY AND THE CITY TO BE MERGED BY PUBLICATION IN A NEWSPAPER HAVING A
GENERAL CIRCULATION WITHIN THE BOUNDARIES OF THE COUNTY AT LEAST ONCE A
WEEK FOR FOUR CONSECUTIVE WEEKS IMMEDIATELY PRIOR TO THE REFERENDUMS.
THE NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) A SUMMARY OF THE CONTENTS OF THE JOINT RESOLUTION AND ELECTOR
INITIATED MERGER PLAN;
(B) A STATEMENT AS TO WHERE MAY BE EXAMINED A COPY OF THE JOINT
RESOLUTION AND ELECTOR INITIATED MERGER PLAN;
(C) THE TIME AND PLACE OR PLACES AT WHICH THE REFERENDUMS 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 REFERENDUMS 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 COUNTY OR THE CITY
TO BE MERGED IN A FORM READING SUBSTANTIALLY AS FOLLOWS:
"THE VOTERS OF THE COUNTY/CITY OF (NAME OF COUNTY/CITY TO BE MERGED)
HAVING PREVIOUSLY VOTED TO MERGE WITH THE CITY/COUNTY OF (NAME OF
CITY/COUNTY TO BE MERGED), SHALL THE ELECTOR INITIATED MERGER PLAN TAKE
EFFECT?
YES ____
NO ____"
8. THE ELECTOR INITIATED MERGER PLAN SHALL NOT TAKE EFFECT UNLESS A
MAJORITY OF THE ELECTORS VOTING IN THE COUNTY AND THE CITY TO WHICH THE
PETITION APPLIES VOTES IN FAVOR OF MERGER. IF SUCH A MAJORITY VOTE DOES
NOT RESULT IN EITHER REFERENDUM, THE REFERENDUMS SHALL FAIL AND MERGER
SHALL NOT TAKE EFFECT.
§ 795-N. COURT-ORDERED MERGER; JUDICIAL HEARING OFFICER. 1. IF THE
GOVERNING BODY OF A COUNTY OR A CITY WITH A DUTY TO PREPARE AND APPROVE
A PROPOSED ELECTOR INITIATED MERGER PLAN PURSUANT TO SECTION SEVEN
HUNDRED NINETY-FIVE-J OF THIS ARTICLE FAILS TO PREPARE AND APPROVE SUCH
PLAN OR IS OTHERWISE UNABLE OR UNWILLING TO ACCOMPLISH AND COMPLETE THE
MERGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THEN ANY FIVE ELEC-
TORS WHO SIGNED THE PETITION SEEKING MERGER MAY COMMENCE A SPECIAL
PROCEEDING AGAINST THE COUNTY OR CITY PURSUANT TO ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES, IN THE SUPREME COURT WITHIN THE
JUDICIAL DISTRICT IN WHICH THE COUNTY OR THE CITY OR THE GREATER PORTION
S. 6824 10
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 MERGER PLAN FOR THE
CITY THAT COMPLIES WITH THE PROVISIONS OF SUBDIVISION TWO OF SECTION
SEVEN HUNDRED NINETY-FIVE-J OF THIS ARTICLE.
3. THE FINAL DETERMINATION OF THE JUDICIAL HEARING OFFICER SHALL
CONSTITUTE THE FINAL APPROVAL OF THE ELECTOR INITIATED MERGER 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 NINETY-FIVE-M OF THIS
ARTICLE.
4. 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 TWO OF
THIS SECTION, SHALL BE BORNE BY THE COUNTY OR THE CITY AT THE RATE
PROVIDED FOR IN ARTICLE TWENTY-TWO OF THE JUDICIARY LAW AND REGULATIONS
PROMULGATED PURSUANT THERETO.
§ 795-O. WINDING DOWN THE AFFAIRS OF A MERGED COUNTY AND CITY. 1.
UPON THE SUCCESSFUL COMPLETION OF MERGER PROCEEDINGS PURSUANT TO THIS
ARTICLE, THE GOVERNING BODIES OF THE MERGING COUNTY AND CITY SHALL WIND
DOWN THE AFFAIRS THEREOF, DISPOSE OF THEIR PROPERTY AS PROVIDED BY LAW,
MAKE PROVISIONS FOR THE PAYMENT OF ALL INDEBTEDNESS THEREOF AND FOR THE
PERFORMANCE OF THEIR CONTRACTS AND OBLIGATIONS, AND, IF APPLICABLE AND
APPROPRIATE UNDER LAW, LEVY TAXES AND ASSESSMENTS AS NECESSARY TO ACCOM-
PLISH THE MERGER.
2. IN FURTHERANCE OF ITS DUTY TO WIND DOWN THE AFFAIRS OF THE COUNTY
OR CITY, THE GOVERNING BODY SHALL CAUSE NOTICE TO BE GIVEN, IN THE SAME
MANNER AS NOTICE FOR A PROPOSED MERGER PLAN PURSUANT TO SECTION SEVEN
HUNDRED NINETY-FIVE-C OF THIS ARTICLE, REQUIRING ALL CLAIMS AGAINST THE
MERGING COUNTY OR CITY, 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 COUNTY OR CITY AT
THE TIME OF THE EFFECTIVE DATE OF THE MERGER MAY APPEAR AND DEFEND
AGAINST ANY CLAIM SO FILED, OR THE GOVERNING BODY MAY IN ITS DISCRETION
APPOINT SOME PERSON FOR THAT PURPOSE.
§ 795-P. EFFECT ON ACTIONS AND PROCEEDINGS; DISPOSITION OF RECORDS,
BOOKS AND PAPERS. 1. EXCEPT AS OTHERWISE PROVIDED FOR IN THIS ARTICLE,
NO ACTION FOR OR AGAINST THE COUNTY OR CITY TO BE MERGED SHALL ABATE,
NOR SHALL ANY CLAIM FOR OR AGAINST IT BE AFFECTED BY REASON OF THEIR
MERGER.
2. UPON THE MERGER OF A COUNTY AND A CITY, ALL THEIR RECORDS, BOOKS
AND PAPERS SHALL BE DEPOSITED WITH THE CLERK OF THE MERGED ENTITY, AND
THEY SHALL THEREUPON BECOME A PART OF THE RECORDS OF THE MERGED ENTITY.
3. UPON THE MERGER OF LOCAL JUSTICE COURTS, 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 MERG-
ING JUSTICE COURT IS LOCATED. THE DESIGNATED JUSTICE COURT JUDGE SHALL
HAVE AUTHORITY TO EXECUTE AND COMPLETE ALL UNFINISHED BUSINESS.
S. 6824 11
§ 795-Q. EFFECT ON EXISTING LAWS. 1. EXCEPT AS OTHERWISE PROVIDED IN
THE MERGER PLAN OR ELECTOR INITIATED MERGER PLAN, AS THE CASE MAY BE,
ALL LOCAL LAWS, ORDINANCES, RULES AND REGULATIONS OF A COUNTY OR A CITY
IN EFFECT ON THE DATE OF THE MERGER OF SUCH COUNTY OR CITY, INCLUDING
BUT NOT LIMITED TO ZONING ORDINANCES, SHALL REMAIN IN EFFECT FOR A PERI-
OD OF TWO YEARS FOLLOWING MERGER, AS IF SAME HAD BEEN DULY ADOPTED BY
THE MERGED ENTITY AND SHALL BE ENFORCED BY THE MERGED ENTITY WITHIN THE
LIMITS OF THE MERGED COUNTY OR CITY, EXCEPT THAT THE MERGED ENTITY 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 MERGED ENTITY.
2. IF THE COUNTY OR CITY HAS A ZONING BOARD OF APPEALS, OR A PLANNING
BOARD, OR BOTH, AND THE MERGED ENTITY DOES NOT, THEN UPON MERGER THE
MERGED ENTITY SHALL ACT IN PLACE OF SUCH BOARD OR BOARDS UNTIL THE
MERGED ENTITY SHALL HAVE APPOINTED SUCH BOARD OR BOARDS FOR THE MERGED
ENTITY IN ACCORDANCE WITH THE PROVISIONS OF THE COUNTY LAW. SUCH
APPOINTMENTS MAY BE MADE PRIOR TO MERGER, TO BECOME EFFECTIVE UPON THE
EFFECTIVE DATE OF MERGER.
§ 795-R. DEBTS, LIABILITIES AND OBLIGATIONS. THE OUTSTANDING DEBTS,
LIABILITIES AND OBLIGATIONS OF THE MERGED COUNTY AND CITY SHALL BE
ASSUMED BY THE MERGED ENTITY IN WHICH THE MERGED COUNTY AND CITY WAS
SITUATED AND SHALL BE A CHARGE UPON THE TAXABLE PROPERTY WITHIN THE
LIMITS OF THE MERGED COUNTY AND CITY, COLLECTED IN THE SAME MANNER AS
COUNTY TAXES. THE MERGED ENTITY SHALL HAVE ALL POWERS WITH RESPECT TO
THE DEBTS, LIABILITIES AND OBLIGATIONS AS THE GOVERNING BODY OF THE
MERGED COUNTY AND CITY POSSESSED PRIOR TO THEIR MERGER, INCLUDING THE
POWER TO ISSUE COUNTY BONDS TO REDEEM BOND ANTICIPATION NOTES ISSUED BY
THE MERGED COUNTY AND CITY.
§ 795-S. LIABILITY OF OFFICIALS AND EMPLOYEES. IN THE ABSENCE OF
FRAUD, GROSS NEGLIGENCE OR WILLFUL MISFEASANCE, NO OFFICER OR EMPLOYEE
OF A COUNTY OR CITY SHALL BE HELD PERSONALLY LIABLE UPON ANY CLAIM ARIS-
ING FROM THE MERGER OF A COUNTY AND A CITY PURSUANT TO THIS ARTICLE OR
ANY CIRCUMSTANCES CONNECTED WITH SUCH MERGER.
§ 795-T. LAWS GOVERNING MERGED ENTITIES. ANY MERGED ENTITY CREATED
UNDER THIS ARTICLE SHALL BE CONSIDERED BOTH A CITY AND A COUNTY AND
SHALL BE GOVERNED BY THE COUNTY LAW.
§ 795-U. SEPARABILITY. IF ANY 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 SECTION, SUBDIVISION,
PARAGRAPH OR OTHER PART DIRECTLY INVOLVED IN THE CONTROVERSY WHEREIN
SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. This act shall take effect immediately.