Section 280-G. Establishment of a county district  


Latest version.
  • 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, as
    
      the 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.