Legislation
SECTION 208-A
Acquisition of land for proposed district
Town (TWN) CHAPTER 62, ARTICLE 12
§ 208-a. Acquisition of land for proposed district. Upon the adoption
of a resolution, subject to a permissive referendum, the town board may
acquire in the name of the town any lands or rights therein for use by a
future district or districts, of one or more types, or extensions
thereof in such town.
Any acquisition of such lands or rights therein as herein authorized
shall be for the purposes of one or more improvement districts or
extensions thereof proposed to be established in such town, and after
the establishment thereof such lands shall be utilized for such
purposes; provided, however, that in the event such district, districts
or extensions thereof are not created or the property becomes unsuitable
or undesirable for such district purposes, the property may be used for
other town purposes, if practicable so to do, and if not, the property
may be sold and disposed of in the same manner as town property no
longer needed for town purposes.
2. The expense of any improvement authorized pursuant to this section
shall be a town charge and shall be assessed, levied and collected in
the same manner and at the same time as other town charges; provided,
however, that nothing herein contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of any
improvement authorized pursuant to this section. Any such improvement
shall be deemed to be a district or special improvement authorized by
article twelve or twelve-A of this chapter within the meaning of
paragraph b of section 35.00 of the local finance law.
3. The town board may authorize the use of any property or rights
therein acquired pursuant to this section by any district, districts or
extensions thereof, thereafter established in such town, in the manner
provided in section two hundred eight of this chapter, provided the
expense of such acquisition or the proportionate share of the expense as
shall be allocated to a district or extension thereof by the town board,
together with the expense of the construction of the original
improvement for such district or extension, shall not exceed the maximum
amount authorized to be expended in such district or extension.
Whenever the town board shall authorize the use of any property or right
therein acquired pursuant to this section by any district, districts or
extension thereof, the same shall be deemed to be a part of the
improvement authorized by such district or extension thereof and the
entire cost of such acquisition and the maintenance thereof as
apportioned to such district or extension, shall be deemed to be a part
of the cost of such improvement and shall be assessed, levied and
collected in the same manner as other charges against such district or
extension.
of a resolution, subject to a permissive referendum, the town board may
acquire in the name of the town any lands or rights therein for use by a
future district or districts, of one or more types, or extensions
thereof in such town.
Any acquisition of such lands or rights therein as herein authorized
shall be for the purposes of one or more improvement districts or
extensions thereof proposed to be established in such town, and after
the establishment thereof such lands shall be utilized for such
purposes; provided, however, that in the event such district, districts
or extensions thereof are not created or the property becomes unsuitable
or undesirable for such district purposes, the property may be used for
other town purposes, if practicable so to do, and if not, the property
may be sold and disposed of in the same manner as town property no
longer needed for town purposes.
2. The expense of any improvement authorized pursuant to this section
shall be a town charge and shall be assessed, levied and collected in
the same manner and at the same time as other town charges; provided,
however, that nothing herein contained shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of any
improvement authorized pursuant to this section. Any such improvement
shall be deemed to be a district or special improvement authorized by
article twelve or twelve-A of this chapter within the meaning of
paragraph b of section 35.00 of the local finance law.
3. The town board may authorize the use of any property or rights
therein acquired pursuant to this section by any district, districts or
extensions thereof, thereafter established in such town, in the manner
provided in section two hundred eight of this chapter, provided the
expense of such acquisition or the proportionate share of the expense as
shall be allocated to a district or extension thereof by the town board,
together with the expense of the construction of the original
improvement for such district or extension, shall not exceed the maximum
amount authorized to be expended in such district or extension.
Whenever the town board shall authorize the use of any property or right
therein acquired pursuant to this section by any district, districts or
extension thereof, the same shall be deemed to be a part of the
improvement authorized by such district or extension thereof and the
entire cost of such acquisition and the maintenance thereof as
apportioned to such district or extension, shall be deemed to be a part
of the cost of such improvement and shall be assessed, levied and
collected in the same manner as other charges against such district or
extension.