2-258 - Apportionment of property and obligations of a special district of a town upon the incorporation of a part in a village.

§  2-258  Apportionment  of  property  and  obligations  of  a special  district of a town upon the incorporation of a part in a village. If the  territory so incorporated as a village includes  within  its  boundaries  part  of  a special district established by the town for a sewer, water,  light, fire, park, health, police or  any  other  special  district  for  municipal  purposes,  the  proportion of the bonded debt incurred by the  town and payable  by  a  tax  against  the  property  within  a  special  district, for whose benefit the bonds were issued which shall be assumed  by  the  village  and  the  apportionment  of personal and real property  belonging to the special district shall be determined according  to  the  relative  assessed  valuation  of the personal and real property in that  portion of the special district without the  village  and  that  portion  within  the village, in the following manner: the town board of the town  when acting as a board for special district exclusive of  a  member  who  may  reside  in  the  village  or the commissioner or commissioners of a  special district where the special district is managed by a commissioner  or commissioners exclusive of a member who may reside in the village and  the trustees of the village being unable  to  agree  within  six  months  after  the  incorporation  of  the  village  becomes  complete  upon the  proportion of the debt and the apportionment of the  personal  and  real  property,  then  the  supreme  court  shall have power to determine such  division and to enforce such award, division and determination as  shall  be made in the premises in a suit in equity to be brought in the name of  either of the said parties.