Legislation
SECTION 705
Hearing
General Municipal (GMU) CHAPTER 24, ARTICLE 17
§ 705. Hearing. 1. Such governing boards shall meet at the time and
place specified in such notice or amended and republished notice. The
members of the participating boards shall agree on the selection of one
of their members to preside at such meeting and in the event no such
agreement is reached, he shall be chosen by lot. Such governing boards
shall hear any testimony and receive evidence and information which may
be presented concerning the petition and the question of whether the
annexation is in the over-all public interest, including but not limited
to testimony, evidence and information concerning the following:
a. That a person signing the petition is not qualified therefor, or
b. With respect to a petition, other than one purporting to be signed
by owners of a majority of the assessed valuation of real property, that
the persons signing such petition do not constitute twenty per centum of
the persons residing within such territory qualified to vote for
officers of the city, town or village, as the case may be, in which the
territory is situated, or
c. With respect to a petition, other than one purporting to be signed
by at least twenty per centum of persons qualified to vote for local
officers, that the persons signing such petition do not represent the
owners of a majority in assessed valuation of the real property in such
territory assessed upon the last preceding assessment roll of, or
utilized by, the local government or governments in which the territory
is situated, or
d. That the petition does not otherwise substantially comply in form
or content with the provisions of this article, or
e. That the proposed annexation is or is not in the over-all public
interest (1) of the territory proposed to be annexed, or (2) of the
local government or governments to which the territory is proposed to be
annexed, or (3) of the remaining area of the local government or
governments in which such territory is situated, or (4) of any school
district, fire district or other district corporation, public benefit
corporation, fire protection district, fire alarm district or town or
county improvement district, situated wholly or partly in the territory
proposed to be annexed.
2. Objections based on any of the grounds set forth in paragraphs a,
b, c or d of subdivision one of this section shall, in addition to the
presentation of any oral testimony thereon, be submitted in writing and
placed on file with the boards holding such hearing and made a part of
the record thereof. Any oral testimony presented at such hearing
relating to the grounds set forth in paragraph e of subdivision one of
this section shall be reduced to writing and shall be a part of the
record of such hearing. The hearing may be adjourned, but must be
concluded within ten days after the date fixed in the notice. The cost
of providing such record shall be shared by the affected local
governments equally or on the basis of any equitable method or formula
agreed upon by their governing boards.
3. In the event that the governing board of an affected local
government does not participate in such hearing, the governing board or
boards of the other affected local government or governments shall have
power to conduct such hearing without the participation of such former
governing board.
place specified in such notice or amended and republished notice. The
members of the participating boards shall agree on the selection of one
of their members to preside at such meeting and in the event no such
agreement is reached, he shall be chosen by lot. Such governing boards
shall hear any testimony and receive evidence and information which may
be presented concerning the petition and the question of whether the
annexation is in the over-all public interest, including but not limited
to testimony, evidence and information concerning the following:
a. That a person signing the petition is not qualified therefor, or
b. With respect to a petition, other than one purporting to be signed
by owners of a majority of the assessed valuation of real property, that
the persons signing such petition do not constitute twenty per centum of
the persons residing within such territory qualified to vote for
officers of the city, town or village, as the case may be, in which the
territory is situated, or
c. With respect to a petition, other than one purporting to be signed
by at least twenty per centum of persons qualified to vote for local
officers, that the persons signing such petition do not represent the
owners of a majority in assessed valuation of the real property in such
territory assessed upon the last preceding assessment roll of, or
utilized by, the local government or governments in which the territory
is situated, or
d. That the petition does not otherwise substantially comply in form
or content with the provisions of this article, or
e. That the proposed annexation is or is not in the over-all public
interest (1) of the territory proposed to be annexed, or (2) of the
local government or governments to which the territory is proposed to be
annexed, or (3) of the remaining area of the local government or
governments in which such territory is situated, or (4) of any school
district, fire district or other district corporation, public benefit
corporation, fire protection district, fire alarm district or town or
county improvement district, situated wholly or partly in the territory
proposed to be annexed.
2. Objections based on any of the grounds set forth in paragraphs a,
b, c or d of subdivision one of this section shall, in addition to the
presentation of any oral testimony thereon, be submitted in writing and
placed on file with the boards holding such hearing and made a part of
the record thereof. Any oral testimony presented at such hearing
relating to the grounds set forth in paragraph e of subdivision one of
this section shall be reduced to writing and shall be a part of the
record of such hearing. The hearing may be adjourned, but must be
concluded within ten days after the date fixed in the notice. The cost
of providing such record shall be shared by the affected local
governments equally or on the basis of any equitable method or formula
agreed upon by their governing boards.
3. In the event that the governing board of an affected local
government does not participate in such hearing, the governing board or
boards of the other affected local government or governments shall have
power to conduct such hearing without the participation of such former
governing board.