Legalizes and validates acts and proceedings of the town board of the town of Vienna, Oneida county, relating to an extension of the Vienna water district

The bill would also legalize, validate and confirm the issuance by the town of a bond anticipation note and a statutory installment bond to finance the improvements in such extension, notwithstanding any failure to have adopted proper proceedings prior to the adoption of two duly adopted bond resolutions.

Summary of provisions

Section 1 of the bill sets forth, as legislative findings, the pertinent history of the initial establishment proceedings for extension number one to the hamlet of Vienna water district and the notes and bonds issued to finance the improvements therein. Among the steps taken by the town board in two thousand six and two thousand seven to establish such water district extension pursuant to article twelve-A of the Town Law was the adoption of a resolution determining that the improvements were in the public interest, but said resolution may not have been adopted.

Section 1 of the bill further sets forth, as legislative findings, the pertinent history of establishment proceedings for extension number one to the hamlet of Vienna water district and the notes and bonds issued to finance the improvement therein at a revised maximum estimated cost. Among the steps taken by the town board in two thousand seven to establish such water district extension pursuant to article twelve-A of the Town Law was the adoption, subject to permissive referendum, of a resolution approving the establishment of the extension at the revised estimated cost.

The latter set of proceedings increasing the maximum estimated cost of the improvements for the original establishment of the extension were properly adopted and notice properly provided. Subsequent to the adoption of two bond resolutions, one at the initial maximum estimated cost and one for the increase in the maximum estimated cost to establish the extension, the town issued bond anticipation notes and a statutory installment bond to finance the improvement in the water district extension.

Section two of the bill legalizes, validates and confirms all actions of, and proceedings taken by, the town board in connection with the establishment of such water district extension and such notes and bonds, despite any failures, defects, irregularities, or omissions which might have occurred.

Section four of the bill provides that the act shall take place immediately.

Justification

The town currently has outstanding a seven hundred one thousand seven hundred eighty-two dollar statutory installment bond with the New York State Environmental Facilities Corporation to finance the improvement in a water district extension of the town established pursuant to article twelve-A of the town law. Such improvement is an "assessable improvement".

The town has, since two thousand seven, operated on the assumption that such water district extension was validly established, has constructed the improvement therein, financed such improvement with said notes and bonds, and assessed the benefited properties for the payment thereof, notwithstanding any defect in the establishment proceedings that might have occurred.

The town believed that by adoption of the proceedings under section two hundred nine-h of the town law, increasing the maximum estimated cost of the establishment of the extension, it had effectively corrected prior procedural errors in the earlier establishment proceedings and in the process had provided the opportunity for a permissive referendum on the establishment of the extension. No petition for referendum was filed.

Enactment of the proposed legislation will validate the establishment of the district extension and the previously issued notes and bonds including those now outstanding.

Because the project financed is the establishment of a water district extension and the cost of the improvements thereof are assessed upon the benefited real property therein, no permissive referendum was, or is, required by section thirty-five of the local finance law for the adoption of such bond resolutions. Thus, enactment of this bill will not circumvent any such .requirement. In connection with the bond resolutions, title six of the local finance has been complied with. Enactment of the bill without change or revision will rectify any past inadvertent errors.

The enactment of this bill will not be violative of any of the provisions of the New York state constitution. The subject of this bill cannot be accomplished locally pursuant to the provisions of section two hundred twenty-seven of the county law or by enactment of local law. Accordingly, this special legislative action is necessary.

Legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.