N.Y. Town Law § 207: Re-establishment of certain water supply districts as water districts

§ 207. Re-establishment of certain water supply districts as water

districts.

1. The town board of any town in which a water supply district

established prior to the first day of January, nineteen hundred

thirty-four, shall exist, may re-establish any such water supply

district as a water district in the manner herein provided.

2. Order. The town board of any such town shall adopt an order

specifying the time when and place where such town board will meet to

consider whether such water supply district shall be re-established as a

water district and describing the boundaries of the water supply

district to be so re-established.

3. Notice. Notice of such hearing shall be given in the manner

provided in section one hundred ninety-three for giving notice of

hearings upon petitions for the establishment or extension of

improvement districts.

4. Hearing. If the town board shall so determine, a joint hearing may

be held upon the re-establishment of two or more water supply districts

proposed to be re-established as water districts. After such hearing or

hearings, and upon evidence given thereat, the town board shall

determine separately with respect to each district, (a) whether it is in

public interest to re-establish such water supply district as a water

district, and (b) whether all the property and property owners within

the district will be benefited by such re-establishment.

5. Re-establishment. If the town board shall determine in the

affirmative both questions set forth in the preceding subdivision, the

town board may adopt an order re-establishing any such district as a

water district and thereafter such district shall be governed, operated

and managed and improvements may be made therein in accordance with the

provisions of this chapter relating to water districts as now in force

or hereafter amended, and the town board shall have such powers for the

governing, operation and the management of such water districts and for

the making of improvements therein and shall be subject to such duties

in relation thereto, as shall be prescribed in said chapter.

6. Recording. A certified copy of the determination or order of the

town board shall be duly recorded in the manner provided in section one

hundred ninety-five in the office of the clerk of the county in which

such town is located and when so recorded shall be presumptive evidence

of the regularity of the proceedings of the town board. Any interested

person aggrieved by any final determination or order made pursuant to

the provisions of this act, may review the same in the manner provided

in subdivision two of said section one hundred ninety-five. The said

determination or order shall be final and conclusive unless application

has been made for review by certiorari within thirty days from the time

of recording thereof.

7. Effect of section. The re-establishment of any water supply

district as a water district pursuant to this section shall not impair

or affect the validity of any obligations issued by the town to provide

for the supplying of water in such water supply district nor any tax or

assessment heretofore levied for such purposes on the property within

such district, nor any action or proceeding pending in any court at the

time this section became effective.