town outside of any villages, except that, in the case of a resolution adopted pursuant to subdivision two or paragraph (c) of subdivision six of this section where any part of the cost of the improvement is to be borne by an area of the town less than the entire area of the town outside of any villages, the resolution may provide that the referendum shall be held in such lesser area. (c) Any resolution submitted to a referendum pursuant to this section shall not become effective unless it is approved by the affirmative vote of a majority of the owners of taxable real property voting thereon whose property is situate in the area of the town outside of any villages, or in such lesser area described in a resolution as authorized in paragraph (b) of this subdivision, as shown on the latest completed assessment roll of the town. A petition requesting a referendum shall be sufficient if signed and acknowledged or proved by the owners of taxable real property situate in the area of the town outside of any villages, or in such lesser area described in the resolution as authorized in paragraph (b) of this subdivision, as shown upon the latest completed assessment roll of such town, in number equal to at least ten percent of the total number of such owners. For the purposes of this subdivision, a corporate owner of such taxable real property shall be considered one owner for the purposes of a petition requesting a referendum and shall be entitled to one vote to be cast by an officer or agent of the corporation or other duly authorized person designated by appropriate resolution of such corporation. The town clerk shall cause to be prepared and have available for distribution proper forms for a petition for a referendum under this section and shall distribute a supply to any person requesting the same. 12. Town function. Any sewer, drainage or water improvement constructed, acquired or provided pursuant to this section shall be a town function and the town board shall be responsible for the necessary management, maintenance, operation and repair thereof. The cost of such management, maintenance, operation and repair shall be a charge upon the area of the town outside of any villages and shall be levied and collected in the same manner and at the same time as other town charges. 12-a. Sewer and/or drainage rents and water rates. The town board may establish sewer and/or drainage rents and water rates as provided in paragraph (1) of subdivision one and paragraph (d) of subdivision three of section one hundred ninety-eight of this chapter. 13. Comptroller's approval. (a) Where it is proposed or required that the town shall finance the cost of any sewer, drainage or water improvement authorized by this section by the issuance of bonds, notes, certificates or other evidences of indebtedness of the town therefor the permission of the state comptroller shall be required for such sewer, drainage or water improvement. (b) Within ten days after the adoption of a resolution by the town board pursuant to paragraph (c) of subdivision six of this section, which requires the approval of the state comptroller pursuant to paragraph (a) of this subdivision, the town clerk shall file a certified copy of such resolution in the office of the state department of audit and control at Albany, New York, together with an application for the approval of the state comptroller to the providing of such sewer, drainage or water improvement. The application shall be executed and verified by the supervisor, or such other officer of the town as the town board shall determine. Such application shall be in such form and shall contain such information as shall be prescribed by the state comptroller. (c) Whenever such an application shall be filed in the office of the department of audit and control, the state comptroller shall determine whether the public interest will be served by providing such sewer, drainage or water improvement in the manner proposed and also whether the cost thereof will be an undue burden upon the property which is to bear the cost of such sewer, drainage or water improvement. The state comptroller may make such determinations upon the original or any amended application, or in his discretion may require the submission of additional information or data in such form and detail as he shall deem sufficient, or may cause an investigation to be made to aid him in making the determinations above mentioned. If, at the time of application for such approval the amount of the indebtedness of the town for all purposes, as evidenced by bonds, bond anticipation notes, capital notes, deferred payment notes and budget notes, less the amount of budgetary appropriations for the payment of any such outstanding indebtedness, whether or not such appropriations have been realized as cash, plus the amount of the indebtedness proposed to be incurred in connection with the proposed improvement, shall exceed fifteen per centum of the average full valuation of the taxable real property of such town, the state comptroller shall not approve such improvement. Such average full valuation shall be determined in the manner provided in the first paragraph of subdivision seven-a of section 2.00 of the local finance law. There shall be excluded from the amount of indebtedness to be considered by the state comptroller in making such determination any indebtedness allocated or apportioned or proposed by all the participating municipal corporations to be allocated or apportioned to any municipal corporation other than such town in accordance with the provisions of section 15.10 of the local finance law. (d) Upon the expiration of fifteen days from the date of the filing of such application, the state comptroller shall make an order, in duplicate, granting or denying approval for such sewer, drainage or water improvement and shall file one copy of such order in the office of the state department of audit and control at Albany, New York, and the other in the office of the town clerk of the town in which the proposed improvement is to be provided. The town clerk shall thereupon notify the members of the town board of the receipt of such order and the contents thereof. 14. Lease of water improvements. (a) The town board may lease for a term not to exceed forty years all or any part of a water supply and distribution system constructed or operated as a town function under this article to a water authority, county water district, a town water storage and distribution district or a joint water works system established pursuant to article five-B of the general municipal law, provided, however, that such lease shall be subject to a permissive referendum held in the manner prescribed in article seven of this chapter, as modified by paragraph (c) of subdivision eleven of this section except that a petition requesting a referendum shall be sufficient if signed and acknowledged or proved by the owners of taxable real property situate in the area of the town outside of any villages, as shown upon the latest completed assessment role of such town, in a number equal to at least five percent of the total number of said owners, or one hundred of said owners, whichever is the lesser. (b) The proceeds of the lease of all or 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 town to finance the cost of the facilities leased, and shall be expended only for such purposes except that 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 such obligations shall have been retired, any proceeds of such reserve fund remain unexpended, such excess moneys may be used for any purpose which would be properly charged against the area of the town outside of any villages. § 2. The section heading and the opening paragraph of subdivision one of section two hundred nine-r of such law, as amended by chapter five hundred sixty-eight of the laws of nineteen hundred sixty-nine, are hereby amended to read, respectively, as follows: Dissolution of special sewer, drainage or water improvement districts. Whenever the town board of a town shall determine after a public hearing as hereinafter provided that it is in the public. interest to manage, maintain, operate and repair as a town function, pursuant to this article, any improvement or service provided or authorized to be provided by one or more special sewer, drainage or water improvement districts, it may adopt a resolution dissolving any such special sewer, drainage or water improvement districts wholly located in such town created or existing to provide such improvement or service. § 3. This act shall take effect immediately. CHAPTER 568 AN ACT to authorize the commissioner of general services to sell and convey certain state lands in the town of Camillus, Onondaga county, to the board of cooperative educational services, Onondaga and Madison counties Became a law June 5, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The commissioner of general services is hereby authorized and empowered to sell and convey to the board of cooperative educational services, Onondaga and Madison counties, upon the written consent of the commissioner of mental hygiene and upon such terms and conditions, including consideration, as the commissioner of general services may fix and determine with the approval of the director of the division of the budget, all the right, title and interest of the state of New York in and to the lands described in section two of this act, now a part of the lands of the Syracuse state school in Onondaga county. § 2. The land to be conveyed pursuant to this act is described as follows: ALL THAT PIECE OR PARCEL OF LAND situate in the town of Camillus, county of Onondaga and state of New York, described as follows: Beginning at a point, said point being the intersection of the north property line of the Syracuse state school and the northeasterly right-of-way line of Belle Isle Road, Thence the following courses and distances: N 86° 23′ 00′′ E, a distance of 2107.69± feet to the westerly boundary of the Camillus-Fairmount, Part II, S.H. No. 5016. Thence along said westerly boundary, the following 5 courses and distances: feet; S 13° 13′ 03′′ W, a distance of 6.90± feet; feet; Thence N 13° 50′ 14′′ W along a new line through the Syracuse state school lands, a distance of 1030.20 feet; thence S 81° 49' 06" W, continuing through said lands another new line, a distance of 832.27 feet to a point in the northeasterly right-of-way line of Belle Isle Road; thence N 29° 03′ 42′′ W along said right-of-way line, a distance of 889.69 feet to the point of beginning. Said parcel containing 44.5 acres of land, more or less. § 3. Such conveyance, grant, surrender and release of these lands shall be made for educational and training purposes and facilities which the board of cooperative educational services, Onondaga and Madison counties, may hereafter construct, operate and maintain. § 4. The department of transportation may make an accurate survey and description of said land which may be used in the conveyance thereof. 5. The commissioner of general services shall not grant the aforementioned lands unless application is made therefor within one year after the time this act takes effect. § 6. This act shall take effect immediately. CHAPTER 569 AN ACT to amend the public authorities law, in relation to the definition of marine and aviation facilities Became a law June 5, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision eight of section twelve hundred sixty-one of the public authorities law, as added by chapter three hundred twenty-four of the laws of nineteen hundred sixty-five, is hereby amended to read as follows: 8. "Marine and aviation facilities" shall mean equipment and craft for the transportation of passengers, mail and cargo between points within the district or pursuant to joint service arrangements, by marine craft and aircraft of all types including but not limited to hydrofoils, ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or other contrivances now or hereafter used in navigation or movement on waterways or in the navigation of or flight in airspace. It shall also mean any marine port or airport facility within the transportation district but outside the port of New York district as defined in chapter one hundred fifty-four of the laws of nineteen hundred twenty-one, including but not limited to terminals, docks, piers, bulkheads, ramps or any facility or real property |