Bill Text: NY S02051 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides for notice with regard to annexation through joint publication and mailing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LOCAL GOVERNMENT [S02051 Detail]

Download: New_York-2017-S02051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2051
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the general municipal law, in relation to the process of
          annexation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 704 of the general municipal law,
     2  as amended by chapter 190 of the laws of 2012, is  amended  to  read  as
     3  follows:
     4    1. In the event it is proposed to annex territory, the governing board
     5  or boards of the local government or governments to which it is proposed
     6  to  annex  such  territory  and  the  governing  board  or boards of the
     7  affected local government or governments  in  which  such  territory  is
     8  situated  shall,  within  twenty  days  after  receipt  of a petition or
     9  adoption of a joint  resolution  to  initiate  annexation,  respectively
    10  cause a notice to be published once in its or their official newspapers,
    11  or,  if  there be no official newspaper, in a newspaper published in the
    12  county and having general circulation within  the  area  of  such  local
    13  government  or  governments,  as the case may be. The governing board of
    14  each affected local government in which such territory is situated  also
    15  shall  cause a copy of such notice to be mailed to each person or corpo-
    16  ration owning real property in such  territory  as  shown  by  the  last
    17  preceding  assessment roll and to all persons residing in such territory
    18  qualified to vote for officers of the city, town or village, as the case
    19  may be, in which such territory is situated as their names  appear  upon
    20  the  register  of voters for the last preceding general election. [Where
    21  the territory to be annexed  is  situated  wholly  or  partly  within  a
    22  village,  the governing board of such village and the governing board of
    23  a town or towns in which such territory is wholly or partly situated may
    24  provide by agreement for joint publication and mailing of such  notice.]
    25  The  governing boards of any two or more municipalities, or the supervi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05123-01-7
        S. 2051                             2
     1  sor or supervisors and/or mayor or mayors thereof, may provide for joint
     2  publication and mailing of this or any other notice required pursuant to
     3  this article provided that the newspaper of publication is one of gener-
     4  al  circulation  in all such municipalities. Failure to mail such notice
     5  or failure of any addressee to receive the same shall not in any  manner
     6  affect  the  validity  of  the  petition or joint resolution to initiate
     7  annexation of territory or of any  proceedings  taken  thereon  provided
     8  that  the  municipalities  that  adopted  a joint resolution to initiate
     9  annexation have demonstrated a good faith attempt to mail such notice to
    10  each person or corporation owning real  property  as  required  by  this
    11  section.  Such  notice shall state that a petition for the annexation of
    12  territory or a joint resolution to initiate annexation of  territory  to
    13  the  local  government  or  governments  (naming  it or them and briefly
    14  describing the territory  proposed  to  be  annexed  thereto)  has  been
    15  proposed,  that at a specified place in one of such local governments on
    16  a specified day not less than twenty days nor more than forty days after
    17  the publication and mailing of such notice, which place and  date  shall
    18  be  specified therein, a joint hearing will be had upon such petition or
    19  joint resolution to initiate annexation by such governing  boards.  Each
    20  of  such governing boards shall cause a copy of such notice to be mailed
    21  not less than ten days prior to the date of such joint  hearing  to  the
    22  school  authorities  of  any school district in which all or part of the
    23  territory proposed to be annexed is situated and, where it  is  proposed
    24  to  annex  territory  to a city, to the school authorities of any school
    25  district (a) adjoining the territory proposed  to  be  annexed  and  (b)
    26  located wholly or partly within such city. Each of such governing boards
    27  shall  also  cause  a copy of such notice to be posted on the website of
    28  the local government, if one exists.
    29    § 2. This act shall take effect immediately.