2023 New York Laws › TWN - Town › Article 12 - District and Special Improvements › 207 - Re-Establishment of Certain Water Supply Districts as Water Districts.

§  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.