Legislation
SECTION 760
Duty to approve proposed elector initiated consolidation plan
General Municipal (GMU) CHAPTER 24, ARTICLE 17-A, TITLE 2
§ 760. Duty to approve proposed elector initiated consolidation plan.
1. In the case of a proposed consolidation of local government entities
properly initiated by petition of electors pursuant to section seven
hundred fifty-seven of this title, if a majority of the electors voting
in a referendum held in each of the local government entities to be
consolidated vote in favor of consolidation, the entities' governing
body or bodies shall meet within thirty days after certification of the
favorable vote and, within one hundred eighty days of such meeting,
prepare and approve by resolution a proposed elector initiated
consolidation plan.
2. The proposed elector initiated consolidation plan shall include:
(a) the name of each local government entity to be consolidated;
(b) the name of what will be the consolidated local government entity,
which name shall be such as to distinguish it from the name of any other
like unit of government in the state of New York (except the name of any
one of the entities to be consolidated);
(c) the rights, duties and obligations of the consolidated local
government entity;
(d) the territorial boundaries of the consolidated local government
entity;
(e) the type and/or class of the consolidated local government entity;
(f) the governmental organization of the consolidated local government
entity insofar as it concerns elected and appointed officials and public
employees, along with a transitional plan and schedule for elections and
appointments of officials;
(g) a fiscal estimate of the cost of and savings which may be realized
from consolidation;
(h) each entity's assets, including, but not limited to, real and
personal property, and the fair value thereof in current money of the
United States;
(i) each entity's liabilities and indebtedness, bonded and otherwise,
and the fair value thereof in current money of the United States;
(j) terms for the disposition of existing assets, liabilities and
indebtedness of each local government entity, either jointly, separately
or in certain defined proportions;
(k) terms for the common administration and uniform enforcement of
local laws, ordinances, resolutions, orders and the like, within the
consolidated local government entity, consistent with section seven
hundred sixty-nine of this title;
(l) the effective date of the consolidation; and
(m) the time and place or places for the public hearing or hearings on
such proposed elector initiated consolidation plan pursuant to section
seven hundred sixty-two of this title.
1. In the case of a proposed consolidation of local government entities
properly initiated by petition of electors pursuant to section seven
hundred fifty-seven of this title, if a majority of the electors voting
in a referendum held in each of the local government entities to be
consolidated vote in favor of consolidation, the entities' governing
body or bodies shall meet within thirty days after certification of the
favorable vote and, within one hundred eighty days of such meeting,
prepare and approve by resolution a proposed elector initiated
consolidation plan.
2. The proposed elector initiated consolidation plan shall include:
(a) the name of each local government entity to be consolidated;
(b) the name of what will be the consolidated local government entity,
which name shall be such as to distinguish it from the name of any other
like unit of government in the state of New York (except the name of any
one of the entities to be consolidated);
(c) the rights, duties and obligations of the consolidated local
government entity;
(d) the territorial boundaries of the consolidated local government
entity;
(e) the type and/or class of the consolidated local government entity;
(f) the governmental organization of the consolidated local government
entity insofar as it concerns elected and appointed officials and public
employees, along with a transitional plan and schedule for elections and
appointments of officials;
(g) a fiscal estimate of the cost of and savings which may be realized
from consolidation;
(h) each entity's assets, including, but not limited to, real and
personal property, and the fair value thereof in current money of the
United States;
(i) each entity's liabilities and indebtedness, bonded and otherwise,
and the fair value thereof in current money of the United States;
(j) terms for the disposition of existing assets, liabilities and
indebtedness of each local government entity, either jointly, separately
or in certain defined proportions;
(k) terms for the common administration and uniform enforcement of
local laws, ordinances, resolutions, orders and the like, within the
consolidated local government entity, consistent with section seven
hundred sixty-nine of this title;
(l) the effective date of the consolidation; and
(m) the time and place or places for the public hearing or hearings on
such proposed elector initiated consolidation plan pursuant to section
seven hundred sixty-two of this title.