N.Y. General Municipal Law § 980-f: Establishment or extension of the district

§ 980-f. Establishment or extension of the district. (a) Not earlier

than thirty days after the conclusion of the last day of the public

hearing held pursuant to section nine hundred eighty-e of this article,

the legislative body shall determine:

(1) whether the notice of hearing for all hearings required to be held

was published and mailed as required by law and is otherwise sufficient;

(2) except as otherwise provided in section nine hundred eighty-a of

this article whether all the real property within the boundaries of the

proposed district or extension will benefit from the establishment or

extension of the district;

(3) whether all the real property benefited is included within the

limits of the proposed district or extension; and

(4) whether the establishment or extension of the district is in the

public interest.

(b) (1) If the legislative body shall determine the question of

paragraph four of subdivision (a) of this section in the negative, or if

the requisite number of owners shall have filed their objections as

provided in section nine hundred eighty-e of this article, the

legislative body shall adopt a resolution disapproving the establishment

or extension of the district, stating the reasons for its determination

and enter the same in the minutes of its proceedings. Thereafter no plan

for the establishment or extension of a district to include any part of

the property proposed to be included in the disapproved district may be

prepared as provided in section nine hundred eighty-d of this article

until the expiration of at least one year from the date of disapproval.

(2) If the legislative body shall find that notice was incorrectly or

insufficiently given or that, except as otherwise provided in section

nine hundred eighty-a of this article, any part or portion of the real

property within the boundaries of the proposed district or extension is

not benefited thereby or that certain property benefited thereby has not

been included therein, it shall call a further hearing at a definite

place and time not less than ten nor more than thirty days after this

determination. In the resolution calling such hearing, it shall specify

the necessary changes, if any, to the boundaries of the proposed

district or extension to be made in order that, except as otherwise

provided in section nine hundred eighty-a of this article, all of the

real property and only that real property as is deemed benefited shall

be included within the the boundaries of the proposed district or

extension. Such a further hearing shall also be required in the event

that the legislative body proposes to amend the district plan to reduce

or provide additional improvements or services not included in the

original plan prior to the establishment of the district. Notice of the

further hearing shall be published and mailed in the manner provided in

section nine hundred eighty-e of this article, except that, where

boundaries are to be altered, this notice shall also specify the manner

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

or extension. The further hearing shall be conducted in the same manner

as the original hearing.

(c) If and when the legislative body shall determine in the

affirmative all of the questions set forth in subdivision (a) of this

section, and provided that the requisite number of owners shall not have

objected as provided in section nine hundred eighty-e of this article,

it may adopt a local law approving the establishment or extension of the

district as the boundaries shall be finally determined and the

construction of the improvement or providing of the service in the

district. Such local law shall become effective only upon compliance

with section nine hundred eighty-g of this article.

(d) Upon the recommendation of the district management association and

after a public hearing, the legislative body may adopt a local law at

any time prior to or after the establishment of a district to change the

method of assessment as set forth in the plan. Notice of such public

hearing and a description of the proposed change shall be given in the

manner set forth in section nine hundred eighty-e of this article.

(e) Notwithstanding the provisions of this article, the Town of

Woodbury in the county of Orange is hereby authorized to establish a

business improvement district solely for the purpose of providing

additional security services for the property encompassed by and

commonly known as Woodbury Commons.