1996-24
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Cite as N.Y. Op. Att'y Gen. No. 1996-24
VILLAGE LAW, ART 19, §§ 19-1900(1), 19-1904, 19-1916.
A proposition to dissolve a village includes a plan for the
disposition of village property and the payment of village
liabilities.
July 15, 1996
Chris G. Trapp, Esq.
Informal Opinion
Village Attorney
No. 96-24
Village of Alden
1400 Main Place Tower
Buffalo, NY 14202-3714
Dear Mr. Trapp:
Your inquiry relates to the possible dissolution of a
village. In the event that funds are left over after the sale of
all village assets and retirement of village debt, you inquire
whether the money would be turned over to the town or whether the
funds could be used for purposes of a tax rebate for residents of
the village. In the event these funds become the property of the
town, you inquire whether the town would be required to use them
within former village limits.
The procedure for dissolution of villages is set forth in
Article 19 of the Village Law. Generally, the board of trustees
of any village may, and upon a proper petition of the electors of
the village must, adopt a resolution submitting a proposition for
the dissolution of the village to the voters for approval.
Village Law § 19-1900(1). In addition to the question of whether
the village should be dissolved, the proposition must contain a
plan for the disposition of village property, the payment of its
outstanding obligations, including the levy and collection of
necessary taxes and assessments, and such other matters as may be
necessary. Id., § 19-1904. All or any part of the plan may be
included in a contract between the village and the town prior to
submission of the proposition to the voters for approval.
Unless otherwise provided by the plan, the property of the
village upon dissolution vests in the town. Id., § 19-1916.
Thus, it seems clear that a plan for payment of liabilities
and disposition of property of the village is to be included as
part of the proposition submitted to the voters for approval and
in addition can be made the subject of a contract between the
village and the town. The matters raised in your letter can be
defined in the plan and thereby become a part of village
dissolution, if approved by the voters.
2
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions