N.Y. Town Law § 209-e: Establishment or extension of districts

§ 209-e. Establishment or extension of districts. 1. After the hearing

held upon notice as hereinbefore provided and upon the evidence given

thereat, the town board shall determine by resolution:

(a) whether the notice of hearing was published and posted as required

by law, and is otherwise sufficient;

(b) whether all the property and property owners within the proposed

district or extension are benefited thereby;

(c) whether all the property and property owners benefited are

included within the limits of the proposed district or extension;

(d) whether the establishment or extension of such district is in the

public interest.

2. (a) If the town board shall determine that the notice of hearing

was not published and posted as required by law or that it is otherwise

insufficient, or if it is determined that it is not in the public

interest to accomplish the establishment or extension of the district as

proposed, the town board shall adopt a resolution stating the reasons

for its determination not to establish or extend the district and enter

the same in the minutes of its proceedings.

(b) If the town board shall determine that the notice of public

hearing was published and posted as required by law and is otherwise

sufficient, and that it is in the public interest to establish or extend

such district, either in whole or in part, but shall find that any part

or portion of the property or property owners within the proposed

district or extension are not benefited thereby or that certain property

or property owners benefited thereby have not been included therein, the

town board shall specify the necessary changes of the boundaries of the

proposed district or extension to be made in order that all of the

property and property owners and only such property and property owners

as are benefited shall be included within such proposed district or

extension, and the board 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 and posted in the manner provided in section two hundred

nine-d hereof except that such notice shall also specify the manner in

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

extension. Such further hearing shall be conducted in the same manner as

the original hearing.

3. If and when the town board shall determine in the affirmative all

of the questions set forth in subdivision one of this section, the board

may adopt a resolution 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 therein,

which resolution shall be subject to a permissive referendum in the

manner provided in article seven of this chapter, except as hereinafter

provided. The proposition submitted must be approved by the affirmative

vote of a majority of the owners of taxable real property situate in the

proposed district or proposed extended district as shown upon the latest

completed assessment-roll of the town, voting on such proposition. A

petition requesting a referendum shall be sufficient if signed, and

acknowledged or proved in the same manner as a deed to be recorded, or

authenticated in the manner prescribed by the election law for the

authentication of nominating petitions, by the owners of taxable real

property situate in the proposed district or proposed extended district,

as shown upon the latest completed assessment-roll of said town, in

number equal to at least five per cent of the total number of such

owners, or by one hundred of such owners, whichever is the lesser. For

the purposes of this section, a corporate owner of such taxable real

property shall be considered one owner for the purposes of a petition

requesting a referendum and shall be entitled to one vote to be cast by

an officer or agent of the corporation or other duly authorized person

designated by appropriate resolution of such corporation. The town clerk

shall cause to be prepared and have available for distribution proper

forms for the petition and shall distribute a supply to any person

requesting same.

4. (a) If after the expiration of the time for filing a petition

requesting that the matter be submitted to a referendum of the property

owners of the proposed district or proposed extended district, no such

petition has been filed with the town clerk, he shall file a certificate

stating such fact in the office of the county clerk and, where the

permission of the state comptroller is required for the establishment or

extension of a district and the construction of an improvement or the

providing of a service therein, in the office of the department of audit

and control at Albany, New York.

(b) If such a petition was filed and after the referendum held

pursuant to this section, the town clerk shall prepare and file a

certificate stating that a petition was filed and a referendum was held

pursuant to the provisions of this section and certifying the result of

the vote on the proposition submitted at such referendum in the office

of the county clerk and, where the permission of the state comptroller

is required for the establishment or extension of a district and the

construction of an improvement or the providing of a service therein, in

the office of the department of audit and control at Albany, New York.