New York County Law Section 256-A - Consolidation of Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore.

256-a. Consolidation of Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore. 1. The county legislature of Suffolk county is hereby authorized to consolidate Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore in accordance with the procedure contained in this section.

2. Resolution. The county legislature of Suffolk county may adopt a resolution calling a public hearing upon the proposed consolidation of Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore.

3. Notice. The clerk of the county legislature shall give notice of the hearing described in subdivision two of this section in such newspapers and within such time period as set forth in section two hundred fifty-four of this article. Such notice shall specify the time when and the place where such hearing will be held and, in general terms, describe the proposed consolidation and the proposed basis of the future assessment of all costs of operation, maintenance and improvements of such consolidated sewer district.

4. Hearing. The county legislature shall meet at the time and place specified in such notice and hear all persons interested in the subject matter thereof concerning the same. If the county legislature shall determine that it is in the public interest to consolidate Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore as specified in said notice, the Suffolk county legislature may adopt a resolution, subject to a permissive referendum, so consolidating such sewer districts.

5. Notice of adoption of resolution. Within ten days after the adoption by the Suffolk county legislature of the resolution described in subdivision four of this section, the Suffolk county legislature shall give notice thereof, at the expense of the county, by the publication of a notice in such newspapers and within such time period as set forth in section one hundred one of this chapter. Such notice shall set forth the date of adoption of the resolution and contain an abstract of such resolution, describing, in general terms, the sewer districts so consolidated and the basis for the future assessment of all costs of operation, maintenance and improvements and that such resolution was adopted subject to a permissive referendum.

6. Petition. The resolution of the Suffolk county legislature described in subdivision four of this section shall not take effect until forty-five days after its adoption and shall be subject to permissive referendum in each sewer district proposed to be consolidated in accordance with the provisions of section two hundred fifty-seven of this article.

7. Consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore. The consolidation of Suffolk county sewer district number two Holbrook and Suffolk county sewer district number four - Birchwood North Shore shall become effective on the thirty-first day of December next succeeding; provided, however, that if the resolution described in subdivision four of this section shall be adopted subsequent to the first day of October in any year, such consolidation shall become effective on the thirty-first day of December of the next succeeding calendar year. Upon such consolidation of Suffolk county sewer district number two - Holbrook and Suffolk county sewer district number four - Birchwood North Shore, all the property of such sewer districts shall become the property of the consolidated sewer district and the consolidated sewer district shall assume and pay the indebtedness of each of such original sewer districts as if such indebtedness had been incurred subsequent to the consolidation.


Last modified: February 3, 2019