LegalFix

275 - Sale of Water District Facilities.

NY Cty L § 275 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

§ 275. Sale of water district facilities. 1. The board of supervisors may sell all or any part of the water supply and distribution system of a county water district to a water authority or to a joint water works system established pursuant to article five-B of the general municipal law, provided, however, that the sale shall have been approved by a majority vote of the qualified electors of the district voting thereon. Such referendum shall be held in the manner prescribed in section one hundred and one hundred two of this chapter, except, however, that only those electors shall be qualified to vote who are residents of the district and owners of property in the district assessed upon the last completed town or city assessment roll, as the case may be.

2. The proceeds of the sale of a part of a water supply and distribution system shall be deposited in a reserve fund established for the purpose of retiring outstanding obligations issued on behalf of the county water district to finance the cost of the facilities sold and shall be expended only for such purpose, except as provided below. If the proceeds exceed the sum of all installments of principal of and interest on such indebtedness due or to become due, or if, when all such outstanding obligations shall have been retired, any moneys remain unexpended in the reserve fund, such excess moneys may be used for any purpose properly chargeable against the entire district.

3. If it is proposed that all of the property and facilities of the district be sold, the proposition submitted to referendum shall provide, as a part thereof, for dissolution of the district as well as for sale of such property and facilities. If the proposition for sale and dissolution is approved, the moneys received from such sale must be set aside in a reserve fund and used to amortize outstanding obligations, as provided in subdivision two of this section. Any excess over and above the amount necessary to be set aside in a reserve fund and used to retire indebtedness, as aforesaid, together with any other moneys of the district, shall be disposed of to the credit of real property within the district by any equitable method described in the proposition submitted to referendum.

4. If no provision for distribution of such excess is made in the proposition, the excess proceeds shall first be apportioned to each town and city upon the basis of the true equalized value of real estate within the district computed in the manner prescribed in section eight hundred four of the real property tax law. The amount thus apportioned to a town or a city shall be further apportioned on the basis of assessed valuation among the several parcels of land situated in the district, as shown on the last completed assessment roll of the town or city. The amounts so determined shall be credited to each such parcel of land in reduction of county and town taxes or county and city taxes, as the case may be, on so many successive tax rolls as may be necessary to exhaust such amounts. When a tax is required to be levied by the city, the county treasurer, or comparable officer or body, shall certify to the proper city officer the amount available for credit against such tax. The aggregate amount credited in any year in reduction of town or city taxes shall be paid over to the proper town or city officer from the available excess moneys.

5. If there be any real property in the district which is wholly exempt from general taxation, but which, while exempt from general taxation, paid, as an assessment for benefit, a proportionate share of the cost of the improvement, the amount apportioned to such real property shall be refunded to the owner or owners thereof as shown on the last completed assessment roll at the time of the distribution.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.