New York Town Code § 202-C

Dissolution and diminishing area of certain districts
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§ 202-c. Dissolution and diminishing area of certain districts.  1.\nThe town board of any town may dissolve and discontinue those districts\ndescribed hereinafter pursuant either to the provisions of article\nseventeen-A of the general municipal law or the procedures provided in\nthis section.\n  1-a. Upon a petition, the town board of any town may dissolve and\ndiscontinue any lighting, snow removal, water supply, or refuse and\ngarbage district or a sewer district in which no sewer system has been\nconstructed, provided that there be no indebtedness, outstanding and\nunpaid, incurred to accomplish any of the purposes of such district.\nSuch petition shall be signed by at least ten percent or five thousand,\nwhichever is less, of the registered voters in this state registered to\nvote in such district and authenticated in the manner provided by the\nelection law for the authentication of nominating petitions. When any\nsuch petition containing the required signatures shall have been\npresented, the town board shall adopt an order and enter the same in the\nminutes of its proceedings, reciting in general terms the filing of the\npetition, and specifying the purpose thereof, the name and boundaries of\nthe district and the time when and place where said board will meet to\nconsider the petition and to hear all persons interested in the subject\nthereof concerning the same. If the petition shall propose that the area\nof the district be diminished, the order shall also describe the portion\nof the district to be eliminated. The board shall cause a copy of such\norder, certified by the town clerk, to be published at least once in the\nofficial paper, the first publication thereof to be not less than ten\nnor more than twenty days before the day set therein for the hearing as\naforesaid, and shall cause a copy thereof to be posted on the sign board\nof the town maintained pursuant to subdivision six of section thirty of\nthis chapter not less than ten nor more than twenty days before the day\ndesignated for the hearing as aforesaid. If the town board shall\ndetermine, after such hearing and upon the evidence given thereat, that\nit is in the public interest to dissolve the district or to diminish the\narea thereof, the town board shall adopt an order accordingly dissolving\nthe district or diminishing its area. If there are any contracts to\naccomplish the purpose of such district in force and effect, the town\nboard shall not dissolve such district, nor diminish the area thereof,\nprior to the expiration of such contracts. If the district dissolved be\nwholly within a village incorporated since said district was formed and\nprior to April first, nineteen hundred sixty-five, all of the property\nof such district shall be and become the property of such village and\nsuch village upon delivery thereof, shall assume and pay all of the\ndebts of such district. If the district shall not be wholly included\nwithin the limits of any village incorporated since said district was\nformed, all the property of such district shall become the property of\nthe town and such town upon delivery thereof, shall assume and pay all\nthe debts of such district.\n  2. Whenever the town board of any town shall determine it to be in the\npublic interest, said town board may, upon its own motion and without a\npetition, but after a public hearing held in the manner and upon the\nnotice specified in subdivision one of this section, dissolve and\ndiscontinue any sewer, drainage, water, park, public parking, lighting,\nsnow removal, water supply, refuse and garbage, or public dock district,\nprovided that the period of three years shall have elapsed since the\ndate of establishment of such district and that no improvement has been\nconstructed or service provided for such district at any time since the\nestablishment thereof and further provided that there be no\nindebtedness, outstanding and unpaid, incurred to accomplish any of the\npurposes of such distri

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