Bill S6234-2013

Provides for notice with regard to annexation

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

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S6234

TITLE OF BILL: An act to amend the general municipal law, in relation to the process of annexation

PURPOSE OR GENERAL IDEA OF BILL:

Adds to the annexation process that government boards, supervisors, and/or mayors of two or more municipalities may use a joint publication and mailing for any notice required provided the publication agreed upon is one of general circulation in all such municipalities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the general municipal law by adding a new section which permits governing boards, supervisors, and/or mayors of two or more municipalities to provide a joint publication of an annexation notice if the newspaper is generally circulated in all municipalities involved.

Section 2: Effective date.

JUSTIFICATION:

The purpose of this bill is to permit municipalities to satisfy submission of public notice of an annexation jointly in one publication. The newspaper of publication must be one that is generally circulated in all such municipalities. This legislation is meant to alleviate the costs associated with publication of notice for local governments when there is one general newspaper accessible to all municipalities involved in an annexation.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6234 IN SENATE (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: Section 1. Subdivision 1 of section 704 of the general municipal law, as amended by chapter 190 of the laws of 2012, is amended to read as follows: 1. In the event it is proposed to annex territory, the governing board or boards of the local government or governments to which it is proposed to annex such territory and the governing board or boards of the affected local government or governments in which such territory is situated shall, within twenty days after receipt of a petition or adoption of a joint resolution to initiate annexation, respectively cause a notice to be published once in its or their official newspapers, or, if there be no official newspaper, in a newspaper published in the county and having general circulation within the area of such local government or governments, as the case may be. The governing board of each affected local government in which such territory is situated also shall cause a copy of such notice to be mailed to each person or corpo- ration owning real property in such territory as shown by the last preceding assessment roll and to all persons residing in such territory qualified to vote for officers of the city, town or village, as the case may be, in which such territory is situated as their names appear upon the register of voters for the last preceding general election. [Where the territory to be annexed is situated wholly or partly within a village, the governing board of such village and the governing board of a town or towns in which such territory is wholly or partly situated may provide by agreement for joint publication and mailing of such notice.] THE GOVERNING BOARDS OF ANY TWO OF MORE MUNICIPALITIES, OR THE SUPERVI- SOR OR SUPERVISORS AND/OR MAYOR OR MAYORS THEREOF, MAY PROVIDE FOR JOINT PUBLICATION AND MAILING OF THIS OR ANY OTHER NOTICE REQUIRED PURSUANT TO
THIS ARTICLE PROVIDED THAT THE NEWSPAPER OF PUBLICATION IS ONE OF GENER- AL CIRCULATION IN ALL SUCH MUNICIPALITIES. Failure to mail such notice or failure of any addressee to receive the same shall not in any manner affect the validity of the petition or joint resolution to initiate annexation of territory or of any proceedings taken thereon provided that the municipalities that adopted a joint resolution to initiate annexation have demonstrated a good faith attempt to mail such notice to each person or corporation owning real property as required by this section. Such notice shall state that a petition for the annexation of territory or a joint resolution to initiate annexation of territory to the local government or governments (naming it or them and briefly describing the territory proposed to be annexed thereto) has been proposed, that at a specified place in one of such local governments on a specified day not less than twenty days nor more than forty days after the publication and mailing of such notice, which place and date shall be specified therein, a joint hearing will be had upon such petition or joint resolution to initiate annexation by such governing boards. Each of such governing boards shall cause a copy of such notice to be mailed not less than ten days prior to the date of such joint hearing to the school authorities of any school district in which all or part of the territory proposed to be annexed is situated and, where it is proposed to annex territory to a city, to the school authorities of any school district (a) adjoining the territory proposed to be annexed and (b) located wholly or partly within such city. Each of such governing boards shall also cause a copy of such notice to be posted on the website of the local government, if one exists. S 2. This act shall take effect immediately.

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