State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-g

§  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, asthe 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.

State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-g

§  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, asthe 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cnt > Article-5-b > 280-g

§  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, asthe 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.