§ 765. General effect of consolidation. 1. On and after the effective date of a consolidation, the consolidating local government entities shall be treated and considered for all purposes as one local government entity, under the name and on the terms and conditions set forth in the joint consolidation agreement or the elector initiated consolidation plan, as the case may be.

Terms Used In N.Y. General Municipal Law 765

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Component local government entity: shall mean a local government entity that, as a result of successful consolidation proceedings, is combined into a consolidated local government entity. See N.Y. General Municipal Law 750
  • Consolidated local government entity: shall mean a local government entity resulting from successful consolidation proceedings conducted pursuant to this article. See N.Y. General Municipal Law 750
  • Consolidation: shall mean either (a) the combination of two or more local government entities resulting in the termination of the existence of each of the entities to be consolidated and the creation of a new entity which assumes jurisdiction over all of the terminated entities, or (b) the combination of two or more local government entities resulting in the termination of the existence of all but one of the entities which shall absorb the terminated entity or entities. See N.Y. General Municipal Law 750
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dissolution: shall mean the termination of the existence of a local government entity. See N.Y. General Municipal Law 750
  • Elector: shall mean a registered voter of this state registered to vote in the local government entity subject to consolidation or dissolution proceedings conducted pursuant to this article. See N.Y. General Municipal Law 750
  • Elector initiated consolidation plan: shall mean a written document that contains terms and information regarding the consolidation of two or more local government entities, a majority of whose electors have voted to consolidate, and that has been finalized and approved by the governing body or bodies of such entities or a judicial hearing officer pursuant to this article. See N.Y. General Municipal Law 750
  • entity: shall mean a town, village, district, special improvement district or other improvement district, including, but not limited to, special districts created pursuant to articles eleven, twelve, twelve-A or thirteen of the town law, library districts, and other districts created by law; provided, however, that a local government entity shall not include school districts, city districts or special purpose districts created by counties under county law. See N.Y. General Municipal Law 750
  • Joint consolidation agreement: shall mean a written document that contains terms and information regarding the consolidation of two or more local government entities and that has been finalized and approved by the governing body or bodies of such entities pursuant to this article. See N.Y. General Municipal Law 750
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Personal property: All property that is not real property.

2. All rights, privileges and franchises of each component local government entity and all assets, real and personal property, books, records, papers, seals and equipment, as well as other things in action, belonging to each component local government entity shall be deemed as transferred to and vested in the consolidated local government entity without further act or deed.

3. All property, rights-of-way and other interests shall be as effectually the property of the consolidated local government entity as they were of the component local government entities prior to their consolidation. The title to real estate, either by deed or otherwise, under the laws of the state of New York vested in any of the component local government entities shall not be deemed to revert or be in any way impaired by reason of the consolidation.

4. The consolidated local government entity shall in all respects be subject to all the obligations and liabilities imposed and shall possess all the rights, powers, and privileges vested by law in other similar entities.

5. Upon the effective date of the consolidation, the joint consolidation agreement or the elector initiated consolidation plan, as the case may be, shall be subordinate in all respects to the contract rights of all holders of any securities or obligations of the local government entities outstanding at the effective date of the consolidation.

6. If a joint consolidation agreement or elector initiated consolidation plan provides for the dissolution of a local justice court, all court records of such court shall be deposited with a justice court judge to be designated by the administrative judge of the judicial district within which the dissolving justice court is located. The designated justice court judge shall have authority to execute and complete all unfinished business.

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