§ 751. Commencing the proceeding. 1. Two or more local government entities, whether within the same county or different counties, may be consolidated into a single local government entity if each of the local government entities is contiguous to at least one of the other consolidating local government entities and if together the local government entities would form a consolidated local government entity of a kind or class that is authorized under the laws of the state of New York. The requirement that local government entities be contiguous to consolidate does not apply to entities other than towns and villages.

Terms Used In N.Y. General Municipal Law 751

  • 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
  • Contiguous: shall mean when a portion of a town or village abuts the boundary of another town or village, including a town or village separated from the exact boundary of another town or village by a street, road, railroad, highway, river or other natural or artificial stream or body of water. 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
  • 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
  • Governing body: shall mean the body in which the general legislative, governmental and/or public powers of a local government entity are vested and by authority of which the official business of such entity is conducted. See N.Y. General Municipal Law 750
  • Initiative: shall mean the filing of the petition containing a proposal for a referendum to be placed on the ballot for an election. 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
  • Joint resolution: A legislative measure which requires the approval of both chambers.

2. Consolidation proceedings may be commenced by either:

(a) a joint resolution by the governing body or bodies of the local government entities to be consolidated endorsing a proposed joint consolidation agreement; or

(b) elector initiative.

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