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This entry was published on 2014-09-22
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SECTION 256-A
Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 256-a. Consolidation of Suffolk county sewer district number two -
Holbrook and Suffolk county sewer district number four - Birchwood North
Shore. 1. The county legislature of Suffolk county is hereby authorized
to consolidate Suffolk county sewer district number two Holbrook and
Suffolk county sewer district number four - Birchwood North Shore in
accordance with the procedure contained in this section.

2. Resolution. The county legislature of Suffolk county may adopt a
resolution calling a public hearing upon the proposed consolidation of
Suffolk county sewer district number two - Holbrook and Suffolk county
sewer district number four - Birchwood North Shore.

3. Notice. The clerk of the county legislature shall give notice of
the hearing described in subdivision two of this section in such
newspapers and within such time period as set forth in section two
hundred fifty-four of this article. Such notice shall specify the time
when and the place where such hearing will be held and, in general
terms, describe the proposed consolidation and the proposed basis of the
future assessment of all costs of operation, maintenance and
improvements of such consolidated sewer district.

4. Hearing. The county legislature shall meet at the time and place
specified in such notice and hear all persons interested in the subject
matter thereof concerning the same. If the county legislature shall
determine that it is in the public interest to consolidate Suffolk
county sewer district number two - Holbrook and Suffolk county sewer
district number four - Birchwood North Shore as specified in said
notice, the Suffolk county legislature may adopt a resolution, subject
to a permissive referendum, so consolidating such sewer districts.

5. Notice of adoption of resolution. Within ten days after the
adoption by the Suffolk county legislature of the resolution described
in subdivision four of this section, the Suffolk county legislature
shall give notice thereof, at the expense of the county, by the
publication of a notice in such newspapers and within such time period
as set forth in section one hundred one of this chapter. Such notice
shall set forth the date of adoption of the resolution and contain an
abstract of such resolution, describing, in general terms, the sewer
districts so consolidated and the basis for the future assessment of all
costs of operation, maintenance and improvements and that such
resolution was adopted subject to a permissive referendum.

6. Petition. The resolution of the Suffolk county legislature
described in subdivision four of this section shall not take effect
until forty-five days after its adoption and shall be subject to
permissive referendum in each sewer district proposed to be consolidated
in accordance with the provisions of section two hundred fifty-seven of
this article.

7. Consolidation of Suffolk county sewer district number two Holbrook
and Suffolk county sewer district number four - Birchwood North Shore.
The consolidation of Suffolk county sewer district number two Holbrook
and Suffolk county sewer district number four - Birchwood North Shore
shall become effective on the thirty-first day of December next
succeeding; provided, however, that if the resolution described in
subdivision four of this section shall be adopted subsequent to the
first day of October in any year, such consolidation shall become
effective on the thirty-first day of December of the next succeeding
calendar year. Upon such consolidation of Suffolk county sewer district
number two - Holbrook and Suffolk county sewer district number four -
Birchwood North Shore, all the property of such sewer districts shall
become the property of the consolidated sewer district and the
consolidated sewer district shall assume and pay the indebtedness of
each of such original sewer districts as if such indebtedness had been
incurred subsequent to the consolidation.