Legislation
SECTION 207
Re-establishment of certain water supply districts as water districts
Town (TWN) CHAPTER 62, ARTICLE 12
§ 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.
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.