Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 79-A
Dissolution of certain towns
Town (TWN) CHAPTER 62, ARTICLE 5-A
§ 79-a Dissolution of certain towns. 1. Any town having no bonded
indebtedness may be dissolved and may be annexed to and become a part of
an adjoining town in the same county, upon compliance with the following
conditions:

a. The submission at a special or biennial town election in the town
proposed to be dissolved of a proposition, in the manner provided by
article six, for the dissolution of such town and the annexation of the
territory therein to a specified adjoining town in the same county, and
the approval of such proposition by a majority of the electors voting
thereon at such election.

b. The submission at a special or biennial town election in such
adjoining town, at the same time as the proposition provided for in the
last preceding paragraph is submitted, of a proposition, in the manner
provided by article six, for the annexation of the territory of the town
proposed to be dissolved, and the approval of such proposition by a
majority of the duly qualified electors voting at such election.

2. If such proposition be so approved and adopted, the dissolution and
annexation therein provided for shall become effective at the expiration
of the thirty-first day of December of the odd numbered year next
succeeding the year in which such propositions are so approved and
adopted except in the county of Broome where such dissolution and
annexation shall become effective at the expiration of the next
succeeding even numbered year. Provided, however that such dissolution
or annexation shall not affect a fire district or other special
improvement district in the territory to be annexed. No election of town
officers shall be held in the town so to be dissolved during the year
immediately preceding the time such dissolution becomes effective but
voters of such town shall have the right to vote at the election in such
year for officers of the town to which such town is to be annexed and
the board of elections shall make provision for the holding of such
election in such town. The terms of office of all town officers of such
town shall expire when such dissolution becomes effective, except
justices of the peace who shall continue in office until the expiration
of the term for which they were elected or appointed and who shall
exercise all the powers and duties of and be entitled to compensation as
a justice of the peace of the town to which such dissolved town is
annexed, provided that they shall not be members of the town board of
such town. No successors to such justices of the peace of the town so
dissolved shall be elected or appointed.

3. All the property and assets, real and personal, of a town so
dissolved, shall become the property and assets of the town to which it
is annexed, and all debts and charges of a town so dissolved shall be
the liability of and be paid by the town to which it is annexed. All
funds and sums of money held by such a town so dissolved or any officer
thereof to the credit of such town shall be paid to the supervisor of
the town to which such dissolved town is annexed. All the books, records
and documents of or on file with the town officers of a town so
dissolved, shall be turned over at the expiration of their terms of
office to appropriate officers of the town to which such territory is
annexed.

4. In case of dissolution and annexation as herein permitted, in the
year at the end of which the dissolution and annexation become
effective, the retiring supervisor of the town to be so dissolved shall
present the assessment roll of such town, as completed by the assessors
thereof, to the board of supervisors of the county and such board of
supervisors shall cause each of the assessments thereon to be
transferred and added to the assessment roll of the town to which such
dissolved town is to be annexed, consolidated and treated as one tax
roll and each of the pieces of property and all of the assessments so
transferred shall thenceforth, for tax purposes, be part of the taxable
property and assessments of the town to which such dissolved town is to
be annexed.

5. In case of dissolution and annexation as herein permitted, the town
board of the town to which the territory of the dissolved town is
annexed shall make a proper revision of the election districts in such
town.