State Codes and Statutes

Statutes > New-york > Twn > Article-12 > 207

§  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.

State Codes and Statutes

Statutes > New-york > Twn > Article-12 > 207

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-12 > 207

§  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.