N.Y. County Law § 280-g: Establishment of a county district

§ 280-g. Establishment of a county district. Upon the evidence

presented at the public hearing, and after due consideration of the maps

and plans, reports, recommendations and other data filed with it, the

governing body shall determine, by resolution, whether or not the

proposed facilities are satisfactory and sufficient and, if it shall

determine such question in the negative, it shall remand the proceedings

to the agency for further study. The agency shall make such further

study and amend and revise the maps and plans (including the zones of

assessment and allocation of costs if the maps and plans provide

therefor) in conformance with its findings, and shall hold further

hearings thereon, in the same manner as hereinbefore provided. If the

revised maps and plans call for an increase in the estimated maximum

expenditure for the project, alter the boundaries of the proposed

district, or if the maps and plans provide for zones of assessment and

allocation of the cost of the facilities, alter the boundaries of the

proposed zones of assessment or change the allocation or the costs of

the facilities as between the zones of assessment, the governing body

shall call a further public hearing thereon in the manner provided in

section two hundred eighty-e. When the governing body shall find that

the proposed facilities are adequate and appropriate, it shall further

determine by resolution, (1) whether all the property and property

owners within the proposed district are benefited thereby, (2) whether

all of the property and property owners benefited are included within

the limits of the proposed district, (3) whether it is in the public

interest to establish the district and (4) if said maps and plans and

report recommended the establishment of zones of assessment and the

allocation of the costs of the facilities as between such zones of

assessment, whether such zones of assessment and the allocation of the

costs of the facilities thereto represent as nearly as may be the

proportionate amount of benefit which the several lots and parcels of

land situate in such zones will derive therefrom.

If the governing body shall determine that it is in the public

interest to establish the district, but shall find that (1) any part or

portion of the property or property owners within the proposed district

are not benefited thereby or (2) that certain property owners benefited

thereby have not been included therein, or (3), if zones of assessment

are proposed to be established and the cost of facilities allocated

among said zones of assessment, that any part or portion of the property

or property owners within a proposed zone of assessment should be placed

in a different zone of assessment or that a different allocation of the

cost should be made as between the zones of assessment, the governing

body shall specify the necessary changes of the boundaries of the

proposed district or the necessary changes of the boundaries of any

proposed zone of assessment or the necessary changes as to the

allocation of costs, as the case may be, to be made in order that all of

the property and property owners and only such property owners as are

benefited shall be included within such proposed district, or in order

that such zones of assessment and the allocation of the costs of the

facilities thereto shall represent as nearly as may be the proportionate

amount of benefit which the several lots and parcels of land situate in

such zones will derive therefrom, and the governing body shall call a

further hearing at a definite place and time not less than fifteen nor

more than twenty-five days after such determination. Notice of such

further hearing shall be published in the manner provided in section two

hundred eighty-e, except that such notice shall also specify the manner

in which it is proposed to alter the boundaries of the proposed

district, or the boundaries of the zones of assessment or the allocation

of the costs of the facilities as between said zones of assessment, as

the case may be. If and when the governing body shall determine in the

affirmative all of the questions set forth above, the governing body may

adopt a resolution approving the establishment of the district, as the

boundaries shall be finally determined, and the construction of the

improvement, and if zones of assessment have been established and an

allocation of the costs of the facilities made as between such zones of

assessment, further approving the establishment of the initial zones of

assessment and the initial allocation of the costs of the facilities as

between said zones of assessment. Such resolution shall be subject to

permissive referendum as hereinafter provided.