City of Schenectady, NY Article VIII Annexations and Boundaries

§ C8-1 Annexation of parts of Rotterdam and Niskayuna, 1914.

A. The portions of the Towns of Rotterdam and Niskayuna added to the City of Schenectady by this Act[1] shall cease to constitute portions of such towns, and the boundaries of such towns shall be deemed changed accordingly, but such alteration shall be subject to the provisions of this subsection. Such added territory shall cease to be a part of the common school district in which it is located at the time of the annexation under the provisions of this Act and shall hereafter be under the jurisdiction of the school authorities of the City of Schenectady. If an officer of either of such towns resides in the portion thereof included by this Act within the City, he shall continue to act as town officer until the expiration of his term. The jurisdiction of a Justice of the Peace of either of such towns shall not be affected or impaired by the inclusion of a portion thereof within the City, and he shall, during the balance of his term, have jurisdiction over the portion of the town so included in the same manner and to the same extent as if such inclusion had not occurred; but such jurisdiction shall not exclude the jurisdiction of the City Court or Police Justice of the City of Schenectady over such territory. Taxes heretofore levied by either of such towns or by such school district upon the taxable inhabitants and property within the added territory, and not yet collected, shall be applicable to the town or school district debts, demands, claims and charges for which they were levied and shall be collected by the town or district collector and applied accordingly, but the property and inhabitants within such added territory shall hereafter be taxable only within the City of Schenectady. The City shall be liable for its proportions of the debts, claims, demands and charges of each such town existing at the time that this Act takes effect remaining unpaid after such taxes have been so applied, to be ascertained and adjusted as provided in the ensuing subsections.

[1] Editor's Note: "This Act" refers to Laws of 1914, Ch. 58.

B. The members of the City Council of the City of Schenectady and of the Town Board of each such town shall severally constitute boards of audit for the purpose of adjusting town liabilities under the provisions of the preceding subsection and shall, within 90 days after this Act takes effect, meet and ascertain and audit all debts, claims, demands and charges against the town, including outstanding bonds, if any, and adjust the amount or proportion thereto to be paid by the City and by the town, respectively, in proportion to the respective valuation of the taxable property within the town and within the portion added to the City by this Act as assessed upon the last preceding assessment roll. Such Board of Audit shall make a statement in triplicate showing the amount of such indebtedness and the items thereof and the proportionate amounts to be paid by the City and town, respectively, and file one copy thereof with the County Clerk of Schenectady County, one copy with the Town Clerk of the town in respect to which the adjustment is made and one copy with the City Clerk. Such debts, claims, demands and charges so adjusted shall be borne by the City and town, respectively, pursuant to the terms of such adjustment. Moneys raised within the City to pay the City's portion of any such adjusted town debts, claims, demands or charges shall be paid by the City Treasurer to the town officer or board charged by law or contract with the duty of making payments to the claimant or creditor.

C. The debts, demands, claims and charges against the common school district, which includes such added territory, shall be apportioned and adjusted between the City and such school district in the same manner, so far as practicable, as between the City and one of such towns of which a portion is added to the City by this Act, except that the Board of Audit shall consist of the City Council of the City, and the trustees of such school district and the school district tax roll shall be used as the basis of adjustment and apportionment, and except that the City and the portion hereby annexed shall not be liable for any portion of a bonded debt of the school district incurred subsequent to January 1, 1914, for the construction of a schoolhouse in the portion of the school district not included by this Act in the City of Schenectady.

D. The title to all real property, if any, of said school district located within the added territory, shall vest in the City, and the value thereof, as determined by the Board of Audit, constituted by this Act for apportioning liabilities between the town and such school district shall be taken into account in fixing the City's liability for any outstanding bonds of the school district issued and sold for the purchase or improvement of such real property. Such Board of Audit shall also apportion to the City such personal property of the school district as may be just and equitable.

E. As soon as practicable after this Act takes effect, the election districts of the City of Schenectady adjoining the easterly boundary thereof shall be reestablished in such manner as to include in one or more districts the territory added to the City by this Act, and necessary election officers for said district or districts shall be appointed as provided by law. (L. 1914, Ch. 58, §§ 4 — 8)

§ C8-2 Annexation of parts of Niskayuna and Rotterdam, 1923.

A. Subject to the provisions of Subsection I of this section, all that part of the Towns of Niskayuna and Rotterdam herein bounded and described is hereby annexed to and shall form a part of the City of Schenectady, as follows: all that part of the City of Schenectady, bounded and described as beginning at a point on the old City line, established in 1902, said point being on Fehr Avenue and located 475 feet northeasterly of the northeasterly line of State Street; thence northeasterly along said old City line to the extension of the division line between the lands of the City of Schenectady and the lands of C. Rolland Oswald; thence along said extension of said division line to the easterly property line of Fehr Avenue; thence along said division line between the lands of C. Rolland Oswald and the City of Schenectady south 65° 16' east 1,426.3 feet to a point along the division line between the lands of C. Rolland Oswald and lands of one, Charles Monckton; thence south 47° 28' east 200 feet to a point; thence south 41° 12' east 328.8 feet to a point on the division line between the lands now or formerly of Brooks and Mintz and the lands now or formerly of Hammond; thence north 40° 07' east 584.35 feet to the present City line south 25° 35' east along the present City line as established May 10, 1923, to the center line of Balltown Road; thence along the center line of Balltown Road to where it is intersected by the continuation of the north property line of Ingersoll Home; thence westerly along the northerly property line of the Ingersoll Home to the easterly street line of State Street; thence southeasterly along the easterly street line of State Street to where it is intersected by the extension of a line 200 feet distant therefrom and parallel with the easterly property line of Fairview Avenue; thence southwesterly along said extension and said line 200 feet easterly of Fairview Avenue to the center line of Albany Street: thence northwesterly along the center line of Albany Street to the extension of the center line of Gasner Avenue; thence southwesterly along said extension and along the center line of said Gasner Avenue to the Albany county line; thence southwesterly along the Albany county line to the westerly line of the New York Central and Hudson River Railroad right-of-way; thence northwesterly along the westerly line of the New York Central and Hudson River Railroad right-of-way (approximately 45 feet to 85 feet west of the center line of said right-of-way) to a point where said right-of-way line is intersected by the extension of the division line between the properties of the New York Central and the lands of Van Laak; thence easterly across said railroad and along said division line between the lands of the New York Central and the lands of Van Laak, a distance of 959.95 feet to a New York Central monument; thence northerly along the division line between the lands of Van Laak and the lands formerly of Peek, now owned by Mohawk Garden, the Pines and others a distance of 2,550 feet, plus or minus, where said division line is intersected by the extension of a line parallel to and distant 125 feet southeasterly of the southeasterly street line of School Street; thence northeasterly along the said line located 125 feet southeasterly of the southeasterly street line of School Street extended across State Street to a point located 475 feet northeasterly of the northeasterly street line of State Street; thence northwesterly along said line parallel with and 475 feet distant from the northeasterly street line of State Street to the old City line at Fehr Avenue, to the point or place of beginning.

B. The above described lines shall include all of the present Niskayuna and the Rotterdam School District No. 12, as shown on a map made by Emmett Blessing and on file in the office of the Schenectady County Superintendent of Schools.

C. The territory above described, when annexed to the City of Schenectady, shall constitute a separate ward of such City to be known as the 14th Ward, and all the laws applicable to the City of Schenectady not inconsistent with the provisions of this article shall apply to such territory.

D. The Board of Trustees of Niskayuna-Rotterdam School District No. 12 and the Office of Fire Commissioners of the Woodlawn Fire District shall be abolished, and the term of office of the incumbents thereof shall terminate when this article becomes operative, pursuant to Subsection I hereof.

E. All unpaid taxes heretofore levied against said annexed territory and existing at the time of such annexation pursuant to Subsection I hereof shall be due and payable and collected in all respects the same as if this law had not been enacted.

F. The bonded indebtedness of the Niskayuna and Rotterdam School District No. 12 including principal and interest which exists at the time of such annexation, and the bonded indebtedness, including the principal and interest of the Woodlawn Fire District and the bonded indebtedness, including the principal and interest of the lighting districts, a part of whose territories is so annexed to the City of Schenectady, which exists at the time of such annexation, shall be a charge upon and shall be paid by the City of Schenectady when due.

G. All the property, real and personal, belonging to the Niskayuna and Rotterdam School District No. 12 or to the Woodlawn Fire District or to the lighting districts, and all property, real and personal, appurtenant to such districts, respectively, wheresoever situate, shall, when such annexation takes effect, belong to the City of Schenectady. All funds and sums of money held by any and all officers of the Niskayuna and Rotterdam School District No. 12 and the Woodlawn Fire District and the lighting districts shall be paid to the City of Schenectady when said annexation is effected.[1]

[1] Editor's Note: Former Subsection (5), which immediately followed this section, was repealed by the Laws of 1945, Chapter 339.

H. This article shall in no way affect the first and second assembly districts of Schenectady County, and the City Council of said City of Schenectady shall make proper provisions for the electors residing in said annexed territory to cast their ballots for members of assembly within said annexed territory in the manner provided by law.

I. Notwithstanding the foregoing provisions of this article, the territory described in Subsection A of this section hereof shall not become annexed to the City of Schenectady, nor shall any of the foregoing provisions of this article become operative, unless and until the qualified voters residing in the territory described in Subsection A shall have decided in the affirmative the following question, to be submitted at a meeting of such electors to be held as hereinafter provided: "Shall the territory described in Subsection A of Section . . . . . . . (here insert the section number of this article) be annexed to the City of Schenectady?"

J. The qualified voters of such territory to be annexed may meet at the Woodlawn fire station hall on the third Tuesday in May, in the year 1923, for the purpose of voting upon such question.

K. The supervisors of such towns shall cause a notice of such meeting specifying the time and place for holding the same and the question to be submitted to be published at least once, not later than 10 days before the meeting, in a newspaper in the City of Schenectady and posted in at least five conspicuous places in said territory. They shall also cause to be delivered, at the aforesaid time and place, the necessary booths and legally prepared ballots for voting on such proposition, and the expense of such posting, publication, ballots and preparation of booths shall be a direct charge against such taxable property within the district of proposed annexation. The meeting shall open at 8:00 in the forenoon, and the electors present shall organize by choosing from the electors present a Chairman and also four inspectors to conduct the election upon such question. Such officers, before entering upon the discharge of their duties, shall take the constitutional oath of office. The polls shall be open for voting upon such question from 8:00 in the forenoon until 9:00 in the evening. The voting shall be by secret ballot. One of the inspectors, to be designated by the Chairman of the meeting, shall act as poll Clerk and shall keep a poll list of all voters participating in the election. Any resident of the territory proposed to be annexed who is a qualified voter therein under the provisions of § 162 of the election law on the day of the meeting shall be entitled to vote upon such question. At the close of the polls, such inspectors shall canvass the vote and make and certify returns thereof in quadruplicate and shall cause one of such returns to be filed in the office of the City Clerk of the City of Schenectady and one of such returns to be filed in the offices of the Clerk of such towns and one in the office of the Secretary of State, on or before the fourth Tuesday in May 1923. If a majority of the votes cast upon such questions shall be in the affirmative, then the territory described in Subsection A of this section shall be, from the completion of much filing, a part of the City of Schenectady, and other provisions of this article shall be and become operative. (L. 1923, Ch. 336, § 7; L.L. No. 2-1947, § 1; L.L. No. 6-1952, § 1; L.L. No. 2-1957, § 1)

§ C8-3 Annexation of part of Niskayuna, 1935.

A. Subject to the provisions of Subsection G hereof and without a referendum vote as provided by § 8 of Article 12 of the Constitution, there being no people or inhabitants of the territory proposed to be annexed, all that part of the Town of Niskayuna included within the following boundaries shall form a part of the City of Schenectady, County of Schenectady and State of New York: all that tract or parcel of land adjacent to the present City of Schenectady, Town of Niskayuna boundary line, now serving as a portion of the sewerage treatment works of the City of Schenectady, New York, a public health process, which protects the water boundaries of Niskayuna from contamination by sewage and described more particularly as starting at a point which is the intersection of the present City line and the state blue line of the abandoned Erie Canal, running along said blue line north 56° 36' 20" east for distance of 704.44 feet, thence along said blue line north 56° 44' 30" east for a distance of 386.72 feet, thence north 30° 46' 30" west along a line which formerly was the division between the City of Schenectady sewage treatment works property and State of New York lands and which now divides said City property from the land of Alexander Matarazzo and George W. Van Vranken, for a distance of 900 feet, more or less, to the center line of the Mohawk River, thence along the center line of the Mohawk River in a southwesterly direction to the intersection of the present City line with the center line of the Mohawk River, thence south 41° 39' 0" east along the present City line for a distance of 850 feet, more or less, to the point of beginning, on the blue line.

B. Said proposed annexation constitutes a parcel of land 19.05 acres in area and the adjacent Mohawk River section, the land being solely used for the sanitary disposal of the sewage of the City of Schenectady and the stream being used for dilution of the plant effluent.

C. The territory described in the preceding subsection, when annexed to the City of Schenectady, shall constitute a part of the Second Ward of such City and all laws applicable to the City of Schenectady, not inconsistent herewith, shall apply to such territory. All unpaid taxes heretofore levied against such annexed territory and existing at the time this article takes effect shall be due and payable and collected, in all respects, in the same manner and with the same force and effect, as though this section had not been enacted.

D. Within a reasonable time after such annexation the City of Schenectady shall cause a survey to be made of the annexed territory, the boundaries of the same shall be marked with monuments, and a map of the City, including the territory annexed, shall be made and filed in the Schenectady County Clerk's office.

E. Notwithstanding the foregoing provisions of this article, the territory described in Subsection A hereof shall not become annexed to the City of Schenectady, nor shall any of the foregoing provisions become operative unless and until the consent of the City of Schenectady, by its Mayor or Acting Mayor, and its City Council be obtained in the manner provided by law for the passage of local ordinances, to be given or denied by such City authorities within 60 days after this article shall take effect.

F. The territory hereby annexed to the City of Schenectady shall cease to be a part of the Town of Niskayuna in which such territory is now located. The Town of Niskayuna, excluding the portions thereof hereby annexed, shall remain a separate and distinct town. (L. 1935, Ch. 540, §§ 1 — 5)

§ C8-4 Annexation of part of Niskayuna, 1948.

A. Subject to the provisions of Subsection E hereof and without a referendum vote as provided by § 14 of Article 9 of the Constitution, there being no people of the territory proposed to be annexed, all that part of the Town of Niskayuna in the County of Schenectady included in the following described territory shall form a part of the City of Schenectady in such County of Schenectady: all that tract or parcel of land situate in the Town of Niskayuna, County of Schenectady and State of New York, bounded and described as beginning at an iron pipe in the southerly corner of the property, which point is about 120 feet southwesterly from the property line intersection with the southerly line of Dorwaldt Boulevard as proposed and runs thence along the southwesterly property line, north 52° 07' west (as given on the map of Plan C Rosa Estate), about 123 feet to the intersection of said property line with the Schenectady City line; thence along the City line, north 7° 16' west, about 1,006 feet to the westerly corner of lands conveyed to Middleton; thence along the line of lands now or formerly of Middleton and said line extended, south 54° 31' east, about 814 feet; thence along the southeasterly property line of Rosa Estate, Plan C, south 36° 07' west, about 744 feet to the point or place of beginning, and containing about eight acres of land.

B. The territory described in Subsection A hereof, when annexed to the City of Schenectady, shall constitute a part of the 11th Ward of such City and of the Third Election District of such ward, until otherwise provided by or pursuant to law, and all laws applying to the City of Schenectady, not inconsistent herewith, shall apply to such territory. Upon such annexation, the territory so annexed shall cease to be a part of the Town of Niskayuna and of any school district in which such territory is now located, and the Town of Niskayuna and any school district in which such territory is now located, excluding the portion thereof so annexed, shall respectively remain a separate and distinct town and separate and distinct school district until otherwise provided by or pursuant to law. All unpaid taxes heretofore levied against such annexed territory and existing at the time this article takes effect shall be due, payable and collected in all respects, in the same manner and with the same force and effect, as though this section had not been enacted.

C. The bonded and other indebtedness, if any, of that part of the Town of Niskayuna included in the territory to be annexed under this article or that of any school district included wholly or partly within such territory, including principal and interest, which exists when this article takes effect shall be a charge upon and shall be paid by the City of Schenectady as the same shall become due and payable, to the Supervisor of such town or Treasurer or other appropriate officer of such school district, as the case may be, as the same shall become due and payable, in the same proportion to the whole bonded and other indebtedness of such town or school district as the assessed valuation of the territory to be annexed bears to the assessed valuation of such entire town or school district, as shown by the last assessment roll of the Town of Niskayuna, made prior to the date when such annexation shall become effective under this article.

D. All questions arising as to the apportionment of any taxes to be borne by the territory to be annexed prior to the date when annexation shall become effective shall be equitably and fairly agreed upon by representatives of the City of Schenectady, of the Town of Niskayuna and of any other party or parties interested therein or affected thereby, and such representatives shall have power to adjust any other disputes, differences or matters which may arise because of such annexation and for which no definite solution is expressly provided for herein.

E. Within a reasonable time after such annexation, the City of Schenectady shall cause a survey to be made of the annexed territory and cause the boundaries of the same to be marked with monuments, or adopt and ratify such a survey and marking previously made, and shall cause a map of the City, including the territory annexed, to be made and filed in the Schenectady County Clerk's office.

F. Notwithstanding the foregoing provisions of this article, the territory described in Subsection A hereof shall not become annexed to the City of Schenectady, nor shall any of the foregoing provisions become operative, unless and until the consent of the City of Schenectady by its Council shall be obtained in the manner provided by law for the passage of local ordinances, such consent to be given or denied by such City within 60 days after this article shall take effect. (L. 1948, Ch. 857, §§ 1 — 6)

§ C8-5 Additional annexation of part of Niskayuna, 1948.

A. Subject to the provisions of Subsection D hereof and without a referendum vote as provided by § 14 of Article 9 of the Constitution, there being no people of the territory proposed to be annexed, all that part of the Town of Niskayuna in the County of Schenectady included in the following described territory shall form a part of the City of Schenectady in such County of Schenectady: all that tract or parcel of land situate in the Town of Niskayuna, County of Schenectady and State of New York, bounded and described as beginning in the center line of State Street at a point where it is intersected by the continuation of the westerly property line of the lands now or formerly of Stanford, which line is also the rear line of lots on the easterly side of DeWitt Avenue running thence southeasterly along the present City line 786 feet to a point where the extension of the northwesterly line of the lands of the Ingersoll Memorial Home intersects the center line of State Street: thence north 72° 57' east across State Street to a point in the northerly side of State Street; thence continuing northerly 72° 57' east 506.1 feet along the lands of the Ingersoll Memorial Home to a point; thence north 88° 02' east along the lands of the Ingersoll Memorial Home 399.6 feet to the westerly side of Balltown Road; thence continuing north 88° 02' east to the center line of Balltown Road; thence north 02° 56' west along the center line of Balltown Road 615.6 feet to a point; thence continuing along the center line of Balltown Road north 03° 52' east approximately 1,044 feet to a point where the extension of the rear line of lots on the easterly side of DeWitt Avenue intersects the center line of Balltown Road; thence south 50° 0' west to the westerly side of Balltown Road; thence continuing south 50° 0' west along the rear line of lots on the easterly side of DeWitt Avenue 924.65 feet to a point; thence south 72° 34' west 44.5 feet to a point; thence south 48° 0' west 882.6 feet to the northerly line of State Street; thence continuing south 48° 0' west to the center of State Street which was the point or place of beginning.

B. The territory described in Subsection A, hereof, when annexed to the City of Schenectady, shall constitute a part of the 14th Ward of such City and of the Second Election District of such ward, until otherwise provided by or pursuant to law, and all laws applying to the City of Schenectady, not inconsistent herewith, shall apply to such territory. Upon such annexation, the territory so annexed shall cease to be a part of the Town of Niskayuna and of any fire district and any school district in which such territory is now located, and the Town of Niskayuna and any fire district and any school district in which such territory is now located, excluding the portion thereof so annexed, shall respectively remain a separate and distinct town, fire district and school district until otherwise provided by or pursuant to law. All unpaid taxes heretofore levied against such annexed territory and existing at the time this article takes effect shall be due, payable and collected in all respects, in the same manner and with the same force and effect, as though this law had not been enacted.

C. The bonded and other indebtedness, if any, of that part of the Town of Niskayuna included in the territory to be annexed under this article or that of any fire district or school district included wholly or partly within such territory, including principal and interest, which exists when this article takes effect shall be a charge upon and shall be paid by the City of Schenectady as the same shall become due and payable, to the Supervisor of such town or Treasurer or other appropriate officer of such fire district or school district, as the case may be, as the same shall become due and payable, in the same proportion to the whole bonded and other indebtedness of such town, fire district or school district as the assessed valuation of the territory to be annexed bears to the assessed valuation of such entire town, fire district or school district, respectively, as shown by the last assessment roll of the Town of Niskayuna and also, in the case of any such school district, by the last assessment roll of any other town within which such district may be located, made prior to the date when such annexation shall become effective under this article.

D. All questions arising as to the apportionment of any taxes to be borne by the territory to be annexed prior to the date when annexation shall become effective shall be equitably and fairly agreed upon by representatives of the City of Schenectady, of the Town of Niskayuna and of any other party or parties interested therein or affected thereby, and such representatives shall have power to adjust any other disputes, differences or matters which may arise because of such annexation and for which no definite solution is expressly provided for herein.

E. Within a reasonable time after such annexation, the City of Schenectady shall cause a survey to be made of the annexed territory and cause the boundaries of the same to be marked with monuments, or adopt and ratify such a survey and marking previously made, and shall cause a map of the City, including the territory annexed, to be made and filed in the Schenectady County Clerk's office.

F. Notwithstanding the foregoing provisions of this article, the territory described in Subsection A hereof shall not become annexed to the City of Schenectady nor shall any of the foregoing provisions become operative, unless and until the consent of the City of Schenectady by its Council shall be obtained in the manner provided by law for the passage of local ordinances, such consent is to be given or denied by such City within 60 days after this article shall take effect. (L. 1948, Ch. 858, §§ 1 — 6)

§ C8-6 Annexation of part of Niskayuna, 1957.

A. Subject to the provisions of Subsection E hereof of this section and without a referendum vote as provided by § 14 of Article 9 of the Constitution, there being no people in the territory proposed to be annexed, all that part of the Town of Niskayuna included in the following described territory is hereby annexed to and shall form a part of the City of Schenectady: all that tract or parcel of land situate in the Town of Niskayuna, County of Schenectady and State of New York, and more particularly bounded and described as beginning at a point in the northerly boundary line of the City of Schenectady, where said line is intersected by the easterly property line of lands now or formerly owned by John Mortka and shown on a map of Park Heights, property of Arthur J. Brooks and David Mintz, City of Schenectady and Town of Niskayuna, Schenectady County, New York, made by C. T. Male Associates, Kenneth J. Male, P.E. and L.S., dated July 12, 1956, and filed in the Schenectady County Clerk's office on August 15, 1956, thence North 42° 35' east along the easterly property line of the lands now or formerly owned by John Mortka, a distance of 140.05 feet to a point, thence south 25° 35' east through the lands now or formerly owned by Arthur J. Brooks and David Mintz, as shown on the aforesaid map, a distance of 432.33 feet to a point in the division line between the land now or formerly owned by Arthur Brooks and David Mintz, and the rear of the lots on Oregon Avenue, thence south 40° 07' west along said division line to 142.64 feet to a point on the northerly boundary line of the City of Schenectady, where said line is intersected by the easterly boundary line of lands now or formerly owned by Arthur Brooks and David Mintz, as shown on the aforesaid map, thence north 25° 35' west along the northerly boundary line of the City of Schenectady and the northerly boundary line of Londonderry Court, a distance of 438.94 feet to the point or place of beginning.

B. The territory above described, when annexed to the City of Schenectady, shall constitute a part of the school district of the City of Schenectady and of the Second District of the 14th Ward of said City, until otherwise provided by law, and all the laws applicable to the City of Schenectady not inconsistent with the provisions of this article shall apply to such territory. All unpaid taxes heretofore legally levied against said annexed territory and existing and unpaid at the time this article shall take effect shall continue to be due and payable and be collected in all respects the same as if this article had not been enacted.

C. The bonded and other indebtedness of that part of the Town of Niskayuna included in the territory to be annexed under this article or that of any other municipal corporation or school district included wholly or partly within such territory, including principal and interest, which exists when this article takes effect shall be a charge upon and shall be paid by the City of Schenectady as the same shall become due and payable to the Supervisor, Treasurer or such other officer performing the duties of Treasurer of said town, municipal corporation or school district as the same shall become due and payable in the same proportion to the whole bonded and other indebtedness of said town, municipal corporation or school district as the assessed valuation of the territory to be annexed bears to the whole valuation of such town, municipal corporation or school district as shown by the last assessment roll of such Town of Niskayuna, municipal corporation or school district made prior to the date when such annexation shall become effective under this article.

D. All questions arising as to the apportionment of any taxes to be borne by the territory to be annexed prior to the date when annexation shall become effective shall be equitably and fairly agreed upon by representatives of the City of Schenectady, of the Town of Niskayuna and of any other party or parties interested therein or affected thereby, and such representatives shall have the power to adjust any other disputes, differences or matters which may arise because of such annexation and for which no definite solution is expressly provided for herein.

E. Notwithstanding the foregoing provisions of this article, the territory described in Subsection A hereof shall not become annexed to the City of Schenectady, nor shall any of the foregoing provisions of this section become operative unless and until the consent of the City of Schenectady, by its City Council be obtained in the manner provided by law for passage of local ordinances, such consent shall be given or denied by said City authorities on or before the first Wednesday in June 1957. If such consent shall be given on or before said date, then the territory described in Subsection A hereof shall become a part of the City of Schenectady upon the last day of June 1957; and all the provisions of this section shall be and become effective. (L. 1957, Ch. 184, §§ 1 — 5)