Bill Text: NY S06234 | 2013-2014 | 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) 2014-01-08 - REFERRED TO LOCAL GOVERNMENT [S06234 Detail]

Download: New_York-2013-S06234-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6234
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       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 OF MORE MUNICIPALITIES, OR THE SUPERVI-
   26  SOR OR SUPERVISORS AND/OR MAYOR OR MAYORS THEREOF, MAY PROVIDE FOR JOINT
   27  PUBLICATION AND MAILING OF THIS OR ANY OTHER NOTICE REQUIRED PURSUANT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11797-01-3
       S. 6234                             2
    1  THIS ARTICLE PROVIDED THAT THE NEWSPAPER OF PUBLICATION IS ONE OF GENER-
    2  AL CIRCULATION IN ALL SUCH MUNICIPALITIES. Failure to mail  such  notice
    3  or  failure of any addressee to receive the same shall not in any manner
    4  affect  the  validity  of  the  petition or joint resolution to initiate
    5  annexation of territory or of any  proceedings  taken  thereon  provided
    6  that  the  municipalities  that  adopted  a joint resolution to initiate
    7  annexation have demonstrated a good faith attempt to mail such notice to
    8  each person or corporation owning real  property  as  required  by  this
    9  section.  Such  notice shall state that a petition for the annexation of
   10  territory or a joint resolution to initiate annexation of  territory  to
   11  the  local  government  or  governments  (naming  it or them and briefly
   12  describing the territory  proposed  to  be  annexed  thereto)  has  been
   13  proposed,  that at a specified place in one of such local governments on
   14  a specified day not less than twenty days nor more than forty days after
   15  the publication and mailing of such notice, which place and  date  shall
   16  be  specified therein, a joint hearing will be had upon such petition or
   17  joint resolution to initiate annexation by such governing  boards.  Each
   18  of  such governing boards shall cause a copy of such notice to be mailed
   19  not less than ten days prior to the date of such joint  hearing  to  the
   20  school  authorities  of  any school district in which all or part of the
   21  territory proposed to be annexed is situated and, where it  is  proposed
   22  to  annex  territory  to a city, to the school authorities of any school
   23  district (a) adjoining the territory proposed  to  be  annexed  and  (b)
   24  located wholly or partly within such city. Each of such governing boards
   25  shall  also  cause  a copy of such notice to be posted on the website of
   26  the local government, if one exists.
   27    S 2. This act shall take effect immediately.