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SECTION 277
Establishment of certain county sewer districts in Suffolk county
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 277. Establishment of certain county sewer districts in Suffolk
county. 1. For the purposes of this section the following terms are
defined as follows:

a. County shall mean the county of Suffolk or the county of Erie.

b. County legislature shall mean the county legislature of the county
of Suffolk or of the county of Erie.

c. Governing board shall mean the town board of a town or the board of
trustees of a village, as the case may be, located in the county of
Suffolk or in the county of Erie.

d. Sewer system shall include collection facilities, treatment or
disposal plants, buildings, land and rights in land, furnishings,
equipment, machinery and apparatus, appurtenant facilities, all moneys
on hand collected or received for the purposes of such sewer system, and
all other items of property, either real or personal or mixed, acquired
for or incidental to such sewer system.

e. Town sewer district shall mean a sewer district governed by the
provisions of articles twelve or twelve-A of the town law or a benefited
area established to provide a sewer improvement pursuant to articles
three-A or twelve-C of such law.

f. Village sewer district shall mean a sewer district governed by the
provisions of article fourteen and section 17-1718 of the village law.

g. County treasurer shall mean, in the case of Erie County, the county
comptroller of Erie county.

h. Town wastewater disposal district shall mean a wastewater district
governed by the provisions of article twelve or twelve-a of the town law
or a benefited area established to provide a wastewater disposal
improvement pursuant to article three-a or twelve-c of such law.

i. Village wastewater disposal district shall mean a wastewater
disposal district governed by section 17-1719 of the village law.

j. Village sewerage system shall mean a sewerage system governed by
the provisions of article fourteen of the village law.

2. Upon petition as hereinafter provided the county legislature may
establish a county sewer district in the manner hereinafter provided
having boundaries coterminous with any existing town sewer district,
village or village sewer district for the purpose of acquiring,
operating and maintaining the sewer system thereof.

2-a. Upon petition, as hereinafter provided, the county legislature
may establish a county wastewater disposal district in the manner
hereinafter provided having boundaries coterminous with any existing
town wastewater disposal district, village sewerage system or village
wastewater disposal district for the purpose of acquiring, operating and
maintaining the district or system thereof.

3. A petition for the establishment of a county sewer district or
wastewater disposal district pursuant to this section shall be executed
and acknowledged by the supervisor of the town or mayor of the village,
as the case may be, upon authorization by the governing board after a
public hearing. Such public hearing shall be called by resolution
adopted by such governing body, which shall direct that notice thereof
be published and posted not less than ten days prior to the date set for
such hearing; provided, however, that in the case of a town sewer
district or wastewater disposal district having a separate board of
commissioners pursuant to article thirteen of the town law, no
resolution calling a public hearing shall be adopted unless approved in
writing by a majority of the commissioners of such district. Such notice
shall be given, in the case of towns, in the manner prescribed in
section one hundred ninety-three of the town law, and in the case of
villages, in the manner prescribed in the section of the election law
entitled general village election. Such notice shall state in general
terms that it is proposed to petition the county legislature to
establish a county sewer district for the purpose of acquiring and
thereafter operating and maintaining the sewer system in question, or
that it is proposed to petition the county legislature to establish a
county wastewater disposal district for the purpose of acquiring and
thereafter operating and maintaining the disposal district of the
sewerage system in question, and shall set forth the time when and place
where such hearing shall be held.

4. If the governing board shall decide, after such public hearing and
upon the evidence given thereat, that it is in the public interest to
petition the county legislature pursuant to this section, it shall adopt
a resolution directing the supervisor or mayor, as the case may be, to
execute such petition and file the same with the clerk of the county
legislature. Such petition shall generally identify the particular sewer
system, sewerage system, or wastewater disposal district proposed to be
transferred and shall accurately describe the boundaries thereof in a
manner sufficient to permit definite and conclusive identification of
all parcels of property included therein.

5. Upon presentation of such petition the county legislature shall
refer the same to the county sewer agency for a report with respect
thereto. Such report shall contain the recommendations of such agency
and such other data and information as shall have been requested by the
county legislature or as may be determined by such agency to be
appropriate under the circumstances. Upon receipt of such report the
county legislature may call a public hearing upon a proposal to
establish a county sewer district or county wastewater disposal district
in accordance with such petition. Notice of such public hearing shall be
given in the manner and within the time prescribed in section two
hundred fifty-four of this chapter. In addition, a copy of such notice
shall be served upon or mailed to the clerk of the town or village which
presented such petition not less than ten days prior to the day set
therein for such hearing. Such notice shall contain a general
description of the sewer system, sewerage system or wastewater disposal
system proposed to be transferred, a description of the area to be
included within the proposed county sewer district or wastewater
disposal district, whether assessments for district purposes will be
levied pursuant to section two hundred seventy or two hundred
seventy-one of this chapter, a statement that such proposed district
will assume the payment of all outstanding obligations, contracts and
other indebtedness incurred for the purposes of or in relation to the
sewer system, sewerage system or wastewater disposal district proposed
to be transferred, and shall specify the time when and place where the
county legislature will meet to consider the matter and to hear all
parties interested therein concerning the same.

6. If, based upon the evidence presented at such public hearing and
after due consideration of the petition, report of the county sewer
agency and other data filed with it, the county legislature shall
determine that it is in the public interest to establish the proposed
district, it shall adopt an order establishing the district in
accordance with the provisions of subdivision seven of this section. If
the county legislature shall determine that it is not in the public
interest to establish such district, it shall adopt a resolution so
stating and terminating the proceedings with respect thereto.
Notwithstanding the provisions of sections two hundred fifty-six and two
hundred fifty-eight of this chapter, no resolution or order adopted
pursuant to this section shall be subject to permissive referendum, nor
shall the permission of the state comptroller be required to establish a
district pursuant hereto. In all other respects, to the extent not
inconsistent herewith, the provisions of this chapter applicable to a
district established by an order adopted pursuant to section two hundred
fifty-eight of this chapter shall apply to a district established by an
order adopted pursuant to this section, including, without limiting the
generality of the foregoing, sections two hundred fifty-nine and two
hundred sixty of this chapter.

7. An order adopted pursuant to subdivision six of this section
establishing a county district, shall include the following:

a. an accurate description of the boundaries of such district in a
manner sufficient to permit definite and conclusive identification of
all parcels of property included therein, provided, however, if such
district is coterminous with a village it shall be a sufficient
compliance with this paragraph to so state without describing the
boundaries of such village;

b. a general description of the sewer system, sewerage system or
wastewater disposal district to be transferred to such district in
accordance with the petition for the establishment of such district;

c. a determination as to whether assessments for district purposes
will be levied pursuant to section two hundred seventy or two hundred
seventy-one of this chapter in accordance with the notice of the public
hearing held pursuant to subdivision five of this section;

d. a determination as to the effective date for the transfer of the
property described in accordance with paragraph b of this subdivision,
having due regard to the fiscal year of the county and the town or
village concerned and the availability of funds for the operation and
maintenance of the sewer system, sewerage system or wastewater disposal
district by the county district;

e. a determination assuming responsibility for the payment of all
obligations, contracts and other indebtedness of the town or village, as
the case may be, incurred for the purposes of or in relation to the
sewer system, sewerage system or wastewater disposal district to be
transferred which shall be outstanding as of the effective date of such
transfer, the exact amount and details thereof to be subject to future
determination by agreement in such manner as may be provided therein;
and

f. such other terms, conditions and provisions with respect to the
establishment of such district and such transfer, not inconsistent with
the provisions of this section, as the county legislature may determine
to be necessary or desirable under the circumstances.

8. The clerk of the county legislature, within ten days after the
adoption thereof, shall file a certified copy of such order with the
clerk of the town or village concerned, who shall present the same to
the governing board at the next meeting thereof. Such governing board
shall thereupon adopt such resolutions and take such other action as
shall be necessary to effectuate a transfer to the county district of
the sewer system, sewerage system or wastewater disposal district in
accordance with the provisions of this section and such order. In
addition, in the case of a town or a village sewer district or
wastewater disposal district, the governing board shall adopt an order
dissolving such district effective as of the date of such transfer, a
certified copy of which shall be recorded in the office of the county
clerk.

9. All assessments levied by, or fees, rates, rents or other charges
due or moneys owing to any town or village with respect to any sewer
system, sewerage system or wastewater disposal district and remaining
unpaid as of the effective date of the transfer thereof to a county
district pursuant to this section shall be collected by the town or
village concerned in the same manner as if such transfer had not been
made, and upon receipt shall be paid over to the county treasurer to be
applied for the purposes of such county district.

10. a. The principal of and interest on all outstanding bonds and
notes of a town or village issued to pay all or part of the cost of any
sewer system, sewerage system or wastewater disposal district
transferred to a county district pursuant to this section shall continue
to be paid when due by such town or village from moneys provided for
such purpose by the county from county district funds raised or
appropriated therefor. The county treasurer shall from time to time pay
such moneys to the fiscal officer of such town or village sufficiently
in advance to permit the payment of all such principal and interest when
due. All other obligations and contract liabilities of a town or village
assumed by the county district shall be paid directly from funds of such
district in the same manner as other district claims.

b. Where serial bonds have been authorized by a town or village
pursuant to the local finance law to pay all or a part of the cost of
the acquisition, construction or reconstruction of or addition to a
sewer system, sewerage system or wastewater disposal district or the
replacement of equipment, machinery, apparatus or furnishings therefor,
and in anticipation of the issuance of such bonds such town or village
has issued a bond anticipation note or notes or has otherwise contracted
indebtedness to be paid from the proceeds of such bonds, and prior to
the issuance of such bonds and the payment of such note or notes or
other indebtedness, such sewer system, sewerage system or wastewater
disposal district has been transferred to a county district pursuant to
this section, the county may issue its serial bonds for the object or
purpose of funding such note or notes or other indebtedness. It is
hereby determined that the period of probable usefulness of the object
or purpose for which such bonds may be issued by such county pursuant to
this subdivision is the same as the period of probable usefulness
specified in subdivision eleven of paragraph a of section 11.00 of the
local finance law for the object or purpose for which the serial bonds
were authorized by such town or village prior to such transfer. Such
period shall be that which was in effect at the time of such transfer
unless such period has been subsequently shortened, in which event the
shorter period in effect at the time of the issuance of the bonds by the
county shall apply. For the purposes of paragraphs b, b-1 and c of
section 21.00 of the local finance law, the date of the earliest bond
anticipation note issued by such town or village shall be considered as
the date of the earliest bond anticipation note issued in anticipation
of the bonds issued by the county. Except as herein provided, such bonds
shall be authorized and issued by the county in accordance with the
provisions of the local finance law applicable to the issuance of serial
bonds by the county.

11. The county legislature is hereby authorized to adopt all such
further resolutions and to take or direct all such additional acts and
proceedings as may be necessary or desirable to effectuate the purposes
and intent of this section.

12. Any county sewer district established pursuant to the provisions
of former section two hundred seventy-seven of this chapter, as added by
chapter one thousand one hundred ten of the laws of nineteen hundred
sixty-nine, shall continue in existence and shall be subject to all of
the provisions of this chapter to the same extent as if established
pursuant to the provisions of this section.