Legislation
SECTION 12
Discontinuance of districts
Soil & Water Conservation Districts (SWC) CHAPTER 9-B, ARTICLE 2
§ 12. Discontinuance of districts. (1) The county board of any county
or the city council of the city of New York which, by resolution, has
declared the county or the city of New York to be a soil and water
conservation district, may at any time after five years from the passage
of said resolution, and after determining that a substantial proportion
of the rural land occupiers of the district so desire, repeal said
resolution at a regular or special meeting of said board or council,
providing written notice of intended action on such resolution, together
with the basis for action, is provided by the county board or city
council to the state soil and water conservation committee at least
thirty days before action is taken on such resolution. This
determination may be made through hearings, petitions or referenda.
(2) Upon the repeal of the resolution which declared the county or the
city of New York to be a soil and water conservation district, the
directors may not enter into any more contracts or agreements on behalf
of the district, and all rules and regulations theretofore adopted and
in force within such district shall be of no further force and effect.
Such district, however, shall continue for the purpose of fulfilling its
contracts, discharging any existing obligations, collecting and
distributing its assets and doing all other acts required to adjust and
wind up its affairs.
(3) Upon the repeal by the county board or the city council of the
resolution declaring the county or the city of New York to be a soil and
water conservation district, the directors shall at public auction
dispose of all property belonging to the district as soon as said
property is no longer needed by the district to fulfill any existing
contracts, and shall forthwith pay over the proceeds of such sale, after
paying the necessary costs of the sale, into the county or the city of
New York treasury. The directors shall, at least ten days prior to the
holding of such public auction, notify the state committee of the
property proposed to be sold thereat, and after such sale shall render
to the county board or the city council and to the state committee a
report of such sale, specifying the property sold, the amount received
therefore, and the disposition of the proceeds. Such report of the sale
shall also be accompanied by a list of the remaining property of the
district still undisposed of.
or the city council of the city of New York which, by resolution, has
declared the county or the city of New York to be a soil and water
conservation district, may at any time after five years from the passage
of said resolution, and after determining that a substantial proportion
of the rural land occupiers of the district so desire, repeal said
resolution at a regular or special meeting of said board or council,
providing written notice of intended action on such resolution, together
with the basis for action, is provided by the county board or city
council to the state soil and water conservation committee at least
thirty days before action is taken on such resolution. This
determination may be made through hearings, petitions or referenda.
(2) Upon the repeal of the resolution which declared the county or the
city of New York to be a soil and water conservation district, the
directors may not enter into any more contracts or agreements on behalf
of the district, and all rules and regulations theretofore adopted and
in force within such district shall be of no further force and effect.
Such district, however, shall continue for the purpose of fulfilling its
contracts, discharging any existing obligations, collecting and
distributing its assets and doing all other acts required to adjust and
wind up its affairs.
(3) Upon the repeal by the county board or the city council of the
resolution declaring the county or the city of New York to be a soil and
water conservation district, the directors shall at public auction
dispose of all property belonging to the district as soon as said
property is no longer needed by the district to fulfill any existing
contracts, and shall forthwith pay over the proceeds of such sale, after
paying the necessary costs of the sale, into the county or the city of
New York treasury. The directors shall, at least ten days prior to the
holding of such public auction, notify the state committee of the
property proposed to be sold thereat, and after such sale shall render
to the county board or the city council and to the state committee a
report of such sale, specifying the property sold, the amount received
therefore, and the disposition of the proceeds. Such report of the sale
shall also be accompanied by a list of the remaining property of the
district still undisposed of.