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.
Terms Used In N.Y. Town Law 207
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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.