[Adopted as Sub-Part H of the 1970 Municipal Code [1]]
[1]
Editor's Note: This Sub-Part H was derived from Chapter 1002 of the Laws of 1957 of the Legislature of the State of New York, as amended by Chapter 1 of the Laws of 1958.
Subject to the provisions of § A320-8 of this Article 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 Hornellsville in the County of Steuben included in the following described territory is hereby annexed to and shall form a part of the City of Hornell: All that tract or parcel of land situate in the Town of Hornellsville, Steuben County, New York, and bounded and described as follows: beginning at a point on the present north line of the City of Hornell at its intersection with the east line of lands of the Erie Railroad, said point being north 81° 01' 50" east 22.61 feet from a concrete monument; thence along the lands of the Erie Railroad the following 6 courses and distances: north 36° 38' 00" west a distance of 85.61 feet to a point; thence on a curve to the left having a radius of 440.92 feet a distance of 468.96 feet to a point, the last mentioned curve being subtended by a chord having a bearing of north 67° 16' 10" west and a length of 447.16 feet; thence south 82° 15' 40" west a distance of 72.78 feet to a point; thence on a curve to the right having a radius of 445.34 feet a distance of 601.39 feet to a point, the last mentioned curve being subtended by a chord having a bearing of north 59° 03' 10" west and a length of 556.72 feet; thence north 59° 03' 10" west a distance of 119.63 feet to a point; thence north 14° 38' 30" west a distance of 2794.43 feet to a point opposite Milepost No. 19 of the old P.S. & N. Railroad; thence north 75° 21' 30" east a distance of 122 feet more or less to the lands acquired by the people of the State of New York for flood-control purposes, being Map 16, Parcel 26; thence along said lands the following 10 courses and distances: south 34° 08' 00" east 57 feet more or less to a concrete monument; thence south 31° 28' 30" east a distance of 2435.85 feet to a point; thence south 87° 57' 20" west a distance of 95.13 feet to a point; thence south 31° 28' 20" east a distance of 316.23 feet to a point; thence north 0° 25' 00" west a distance of 167.26 feet to a point; thence south 31° 28' 20" east a distance of 726.94 feet to a concrete monument; thence south 39° 55' 00" east a distance of 168.00 feet to a concrete monument; thence south 45° 55' 00" east a distance of 214.00 feet to a concrete monument; thence south 59° 12' 00" east a distance of 224.00 feet to a concrete monument; thence south 68° 44' 00" east a distance of 63 feet more or less to a point on the north line of the City of Hornell; thence along the north line of the City of Hornell south 81° 01' 50" west a distance of 630 feet more or less to the point of beginning, containing 50.845 acres, more or less. All bearings refer to true North. The above description was prepared from surveys made by the Erie Railroad and the State Department of Public Works by Richard W. Howard, Licensed Land Surveyor No. 28724.
A. 
The territory described in § A320-1 of this Article, when annexed to the City of Hornell, shall constitute a part of the First Ward of said city, until otherwise provided by law, and all the laws applicable to the City of Hornell, not inconsistent with the provisions of this Article shall apply to such territory.
B. 
All unpaid taxes heretofore levied against such annexed territory and existing at the time this Article shall take effect shall be due and payable and collected in all respects the same as if this law had not been enacted.
The territory hereby annexed to the City of Hornell shall cease to be a part of the Town of Hornellsville or of the school districts in which such territory is now located. The Town of Hornellsville, excluding the portions now hereby annexed, shall remain a separate and distinct town, except as hereafter may be provided pursuant to law. The portions of the school districts not embraced in the territory so annexed shall remain separate and distinct school districts, subject to restriction, providing for alteration and installation of school districts in towns.
The bonded and other indebtedness of that part of the Town of Hornellsville 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 Hornell as the same shall become due and payable, to the Supervisor, Treasurer, Acting Treasurer or other such officer performing the duties of Treasurer of such town, municipal corporation 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, municipal corporation or school district as the assessed valuation of the territory to be annexed bears to the assessed valuation of such town, municipal corporation or school district, as shown by the last assessment roll of the Town of Hornellsville made prior to the date when such annexation shall become effective under this Article.
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 Hornell, of the Town of Hornellsville 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.
This Article shall in no way affect the assembly district of the County of Steuben nor the senatorial district of which the County of Steuben is a part.
Within a reasonable time after such annexation, the City of Hornell shall cause a survey to be made to 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 Steuben County Clerk's office.
Notwithstanding the foregoing provisions of this Article, the territory described in § A320-1 hereof shall not become annexed to the City of Hornell nor shall any of the foregoing provisions of this Article become operative unless and until the consent of the City of Hornell, by its Mayor or Acting Mayor and Council be obtained in the manner provided by law for the passage of local ordinances, such consent to be given or denied by said city authorities on or before the 27th day of January 1958. If such consent shall be given on or before said date, then the territory described in § A320-1 hereof shall become a part of the City of Hornell upon the last day of January 1958 and all provisions of this Article shall be and become effective.
This Article shall take effect immediately.