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This entry was published on 2014-09-22
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SECTION 280-G
Establishment of a county district
County (CNT) CHAPTER 11, ARTICLE 5-B
§ 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, 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.