S3747-2013 Actions

• Feb 13, 2013: REFERRED TO LOCAL GOVERNMENT

S3747-2013 Memo

BILL NUMBER:S3747

TITLE OF BILL:  An act to amend the general municipal law, in relation
to consolidating the village of Woodbury with the town of Woodbury

PURPOSE:  Consolidates the village of Woodbury and the town of Woodbury.

SUMMARY OF PROVISIONS:

Section 1: Section 792 and 793 of the general municipal law are renum-
bered section 793 and 794 and a new section 792 is added.

New section 792 will consolidate the village of Woodbury and the town of
Woodbury. Notwithstanding and other provision of this article or article
two of the village law, the village of Woodbury and the town of Wood-
bury, New York, may form a consolidated local government entity by a
joint consolidation agreement in accordance with the provisions of this
article, except that the new governmental entity to survive shall be the
town (including the existing incorporated village of Harriman) and such
town shall have all of the powers, duties and obligations of a govern-
ment under town law, but shall not be eligible for the formation of any
additional villages within its limits. The new governmental entity to
survive shall be governed initially by then-existing town of Woodbury
supervisor and town of Woodbury town board members.

Section 4: Enacting Clause

JUSTIFICATION:

This legislation was requested by the Village of Woodbury. At the pres-
ent time there are numerous, costly duplicate services within the
Village. A coterminous Village/Town is the goal of this legislation
creating significant savings for both entities.

LEGISLATIVE HISTORY:

S.4223 of 2011-2012
S.7102-A of 2010

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediate.

S3747-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3747
 2013-2014 Regular Sessions
 I N  SENATE
 February 13, 2013
 
 Introduced  by  Sen.  LARKIN -- 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  consolidating
 the village of Woodbury with the town of Woodbury
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. It was and is the  intent  of  the  New
 N.Y.    Government Reorganization and Citizen Empowerment Act to provide
 opportunities for local governments and electors to  adopt  consolidated
 forms  of  local  governments, and this act provides that opportunity to
 the village and town of Woodbury upon certain terms.
 

S 2. Sections 792 and 793 of the general municipal law are  renumbered
 sections 793 and 794 and a new section 792 is added to read as follows:

 

S  792. CONSOLIDATION OF THE VILLAGE OF WOODBURY AND THE TOWN OF WOOD
 BURY.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,  OR  ARTICLE
 TWO  OF THE VILLAGE LAW, THE VILLAGE AND TOWN OF WOODBURY, NEW YORK, MAY
 FORM A CONSOLIDATED LOCAL GOVERNMENT ENTITY  BY  A  JOINT  CONSOLIDATION
 AGREEMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, EXCEPT THAT
 THE  NEW GOVERNMENTAL ENTITY TO SURVIVE SHALL BE THE TOWN (INCLUDING THE
 EXISTING PORTION OF THE INCORPORATED VILLAGE OF HARRIMAN PRESENTLY WITH
 IN THE BOUNDARIES OF THE TOWN OF WOODBURY) THAT SHALL HAVE  ALL  OF  THE
 POWERS,  DUTIES  AND OBLIGATIONS OF A GOVERNMENTAL ENTITY UNDER THE TOWN
 LAW, BUT SHALL NOT BE ELIGIBLE  FOR  THE  FORMATION  OF  ANY  ADDITIONAL
 VILLAGES WITHIN ITS LIMITS. THE NEW GOVERNMENTAL ENTITY TO SURVIVE SHALL
 BE  GOVERNED  INITIALLY BY THE THEN-EXISTING TOWN OF WOODBURY SUPERVISOR
 AND THE TOWN OF WOODBURY TOWN BOARD MEMBERS.
 

S 3. Savings clause. If  any  portion,  clause,  sentence,  paragraph,
 section,  word,  or  part  of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair  or invalidate the remainder thereof but shall be confined in its
 operation to the portion, clause, sentence, paragraph, word, section  or
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08829-01-3
 
       S. 3747                             2
 part thereof directly involved in the controversy in which such judgment
 shall  have been rendered. The town and village of Woodbury respectively
 reserve the right, upon a joint resolution  and  compliance  with  state
 law,  to  revert  to  their  previous status in the event any subsequent
 change to this act, as a result of any judgment, renders it  ineffective
 as to its legislative intent.
 

S 4. This act shall take effect immediately.

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