N.Y. County Law Section 274-B
Consolidation of the district and its extensions


1.

Determination and notice of public hearing. Whenever the board of supervisors calls a public hearing on the extension of a district, pursuant to § 274 (Extension of the district)section two hundred seventy-four of this article, or calls a public hearing on the consolidation of two or more districts, pursuant to § 274-A (Consolidation of county districts by board of supervisors)section two hundred seventy-four-a of this article, then such board may, in its discretion, include in the order or resolution calling such public hearing, a determination that all the expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended. Any notice of public hearing published shall, in addition to all other information required by sections two hundred seventy-four and two hundred seventy-four-a of this article, include a statement of the determination made pursuant to this subdivision.

2.

Method of assessment.

a.

When the board makes the determination set forth in subdivision one of this section in a proceeding to extend a district which finances the costs of operation, maintenance and improvements on a benefit basis, the district shall continue to be financed on a benefit basis.

b.

When the board makes the determination set forth in subdivision one of this section in a proceeding to extend a district which finances the costs of operation, maintenance and improvements on an ad valorem basis with or without zones of assessment, the district shall remain on an ad valorem basis.

c.

When the board makes the determination set forth in subdivision one of this section in a proceeding to consolidate districts, the consolidated district shall be assessed as provided in § 274-A (Consolidation of county districts by board of supervisors)section two hundred seventy-four-a of this article.

3.

Determinations after hearing. After the public hearing, in addition to those determinations required by section two hundred seventy-four or two hundred seventy-four-a of this article, the board shall determine whether it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established, as a charge against the entire area of the district as extended.

4.

Permissive referendum. Any resolution which, in addition to making the determinations required by section two hundred seventy-four or two hundred seventy-four-a of this article, determines that all expenses of a district, including all extensions thereto, heretofore or hereafter established, shall be assessed as a charge against the entire area of the district as extended shall, notwithstanding any other provision of this chapter, be subject to permissive referendum as follows:

a.

In a proceeding to extend a district pursuant to this article, notice of adoption, petition and referendum shall be as provided in § 274 (Extension of the district)section two hundred seventy-four of this article, except that the notices and ballot shall include the further determination made pursuant to this section.

b.

In a proceeding to consolidate districts pursuant to § 274-A (Consolidation of county districts by board of supervisors)section two hundred seventy-four-a of this article, the notice of adoption, petition and referendum shall be as provided in such section, except that the notices and ballot shall include the further determination made pursuant to this section.

5.

Effect.

a.

In a proceeding to extend a district pursuant to § 274 (Extension of the district)section two hundred seventy-four of this article, the extension shall, subject to the provisions of subdivision four of this section, be deemed established as provided in such section two hundred seventy-four, and the consolidated assessment roll shall be prepared for the next year in which assessments are levied against the extended district.

b.

In a proceeding to consolidate districts pursuant to § 274-A (Consolidation of county districts by board of supervisors)section two hundred seventy-four-a of this article, the determinations made pursuant to this section shall take effect at the same time provided for the consolidation in such section.

Source: Section 274-B — Consolidation of the district and its extensions, https://www.­nysenate.­gov/legislation/laws/CNT/274-B (updated Sep. 22, 2014; accessed Mar. 23, 2024).

250
Purpose
251
County agency
252
Powers of county agency
253
Preparation of maps and plans
253–A
Provision for excess sewer, drainage or water facilities
253–B
Amendment or modification of plans
254
Public hearing
255
Representation by municipalities and district
256
Establishment of a county district
256–A
Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore
256–B
Suffolk county wastewater management district
257
Permissive referendum
258
Application to the department of audit and control
259
Recording and filing of determination
260
Review
261
Administration of the county district
262
Performance of the work
263
Powers
263–A
Powers with respect to lake protection and rehabilitation
264
Rules and regulations
265
Contracts
266
Water rates, water quality treatment, sewage, wastewater disposal and refuse collection charges and revenues
267
Expense of the improvement
268
Increase and improvement of facilities
269
Increase of maximum amount to be expended
270
Assessment of the cost
271
Alternative method of assessment
272
Taxation of district property
273
Contracts with public authorities for county water districts
274
Extension of the district
274–A
Consolidation of county districts by board of supervisors
274–B
Consolidation of the district and its extensions
275
Sale of water district facilities
276
Jurisdiction of other state agencies
277
Establishment of certain county sewer districts in Suffolk county
278
Definitions
279
Operation of certain collection and disposal facilities in Suffolk county
279–A
Acquisition of real property for future districts in Suffolk county
279–B
Agreements of county district
279–C
Certain agreements of a county sewer district in Orange county
279–D
Water districts in the county of Westchester

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 274-B’s source at nysenate​.gov

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