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Village of Angola Government Dissolution
Continuation of Village Services
The following information on “Village
Services” is reprinted from a feasibility study for the
Village of Cherry Creek dissolution plan.
What
happens to village services after a government dissolution?
What effect will the dissolution have on the quality of
services? What will happen to village employees? These are
just a few of the service oriented concerns that arise when a
village begins considering dissolution. Understanding what
effect dissolution will have on services is important in the
feasibility process. One of the more common misconceptions
regarding dissolution is that as the village goes, so do its
services.
Upon a government dissolution,
there are three things that can happen with respect to village
services. Number one, they can be assumed by the town and
provided on a town wide basis. Number two, they can be
assumed by the town and provided (by way of a special
district) to a specific portion of the town (usually
consistent with the boundaries of the former village) with
residents taxed as members of this district; or number three,
they can be eliminated. In Cherry Creek, the village
representatives were insistent that every effort be made
during the feasibility process to ensure village services
would be continued to their fullest extent possible after
dissolution. The only exception being village administration
where it was understood that the position of mayor and trustee
would be abolished.
In order to understand the
effect dissolution would have on services, we first needed to
identify what services the Village was providing. Once this
was done, we were then able to make some suggestions as to how
these services could be continued after dissolution.
Fire Protection was of
particular concern. The village owned its own fire department
and provided all fire protection services to both the village
and the town. Since after the dissolution the village
government would no longer exist, the concern was who would
provide fire protection? Who would control it? Who would pay
for it? Here is what we found out. If the Village of Cherry
Creek were to dissolve its’ government, its’ fire department,
being an arm of village government, would go out of
existence. Likewise, the present contract for fire services
it had with the Town of Cherry Creek would also terminate as
of the date of dissolution. Village law, Section 19-1914
however, states that (unless a dissolution plan provides
otherwise) a town must take over and continue to provide
all former village functions and services, which must then
become a charge upon the taxable real property of the former
village. Village Law, Section 19-1916 further provides that,
upon dissolution, all property of the former village would
become the property of the town – again, unless the
Dissolution Plan states otherwise.
So what does all them mean
relative to fire protection services? Simple. Upon a
government dissolution, the Village of Cherry Creek’s fire
protection equipment/facilities would become town property to
use according to law and the Dissolution Plan. According to
Village Law, Section 19-1914, a town board may, prior to
the date of dissolution, establish one or more special use
fire or improvement districts encompassing the territory of
the former village. In terms of the town’s role in all of
this, they would have essentially two options. One, the town
board could create a fire district with an elected board of
fire commissioners which in turn would establish its own fire
department, or two; it could establish a fire district and
provide fire protection services by way of a contract between
the town board and a town special use fire protection
district. In the interest of maintaining a measure of local
control over fire protection services, the preferred
alternative might be to allow the town board to exercise
administrative authority over the fire department and
subsequent fire protection services.
Village administrative
services would be discontinued. The positions of mayor and
trustee would be eliminated. Although village clerical
services would also be discontinued, the employee serving in
that capacity could be retained by the Town and function in a
related capacity, perhaps as a deputy town clerk. Services
provided through the public works department (water, sewer,
street lighting, garbage collection and sidewalk maintenance)
could be continued through the creation of town special
purpose districts, with the existing employees being
incorporated into the town highway department.
Thank you for all your
continued support. If you have a computer connection, this
information is reprinted at
www.townofevans.com,
follow the link to “Village of Angola Government Dissolution” |