Legislation
SECTION 120-G
Apportionment of cost
General Municipal (GMU) CHAPTER 24, ARTICLE 6
§ 120-g. Apportionment of cost. Before any such contract for
construction mentioned in section one hundred and twenty-c shall become
effective, such local authorities shall determine the part or proportion
of the annual cost thereof, if any, which is to be assessed upon the
property benefited thereby, and the method of such assessment, and shall
provide that any part thereof not actually paid out of such assessment
shall be paid by such city, town, village or sewer district at large. In
the case of a town, the petition for the creation of such sewer
district, or supplemental petition, shall request the construction of
such sewer system, extension or part thereof, as herein provided, and
such petition shall comply in form, substance and in the manner of
execution, so far as applicable thereto, to the requirements of section
two hundred and thirty of the town law, except that it may state that
the annual sum or rental to be paid for the use of said plant or for the
removal of sewage as herein provided shall be fixed and assessed in the
first instance for the full period named in any such contract, not
exceeding thirty years, and that any part thereof not actually paid out
of such assessment may be reassessed upon the property in such district.
Before acting on any such petition, the town board shall give the notice
provided in section two hundred and thirty-a of the town law, and the
assessment shall be made in form and substance so far as applicable
thereto as provided in section two hundred and thirty-seven of said law.
construction mentioned in section one hundred and twenty-c shall become
effective, such local authorities shall determine the part or proportion
of the annual cost thereof, if any, which is to be assessed upon the
property benefited thereby, and the method of such assessment, and shall
provide that any part thereof not actually paid out of such assessment
shall be paid by such city, town, village or sewer district at large. In
the case of a town, the petition for the creation of such sewer
district, or supplemental petition, shall request the construction of
such sewer system, extension or part thereof, as herein provided, and
such petition shall comply in form, substance and in the manner of
execution, so far as applicable thereto, to the requirements of section
two hundred and thirty of the town law, except that it may state that
the annual sum or rental to be paid for the use of said plant or for the
removal of sewage as herein provided shall be fixed and assessed in the
first instance for the full period named in any such contract, not
exceeding thirty years, and that any part thereof not actually paid out
of such assessment may be reassessed upon the property in such district.
Before acting on any such petition, the town board shall give the notice
provided in section two hundred and thirty-a of the town law, and the
assessment shall be made in form and substance so far as applicable
thereto as provided in section two hundred and thirty-seven of said law.