171 - Petition and Hearing.

NY Town L § 171 (2019) (N/A)
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(2) Notwithstanding the provisions of subparagraph one of this paragraph the state comptroller shall not be precluded from requiring the submission of additional information or data in such form and detail as the state comptroller shall deem sufficient or from causing an investigation to be made with respect to the establishment or extension of a district or an increase in the maximum amount to be expended. 3. After a hearing held upon notice as hereinbefore provided and upon the evidence given thereat, the town board or boards shall determine by resolution:

(a) Whether the petition is signed, and acknowledged or proved, or authenticated as required by law and is otherwise sufficient;

(b) Whether all the property and property owners within the proposed district or extension are benefited thereby;

(c) Whether all the property and property owners benefited are included within the limits of the proposed district or extension;

(d) Whether it is in the public interest to grant in whole or in part the relief sought. If the town board shall determine that the petition is not signed, and acknowledged or proved, or authenticated as required by law or that it is otherwise insufficient, or if it is determined that it be not in the public interest to grant in whole or in part the relief sought, the town board shall deny the petition. If the town board shall determine that the petition is signed, and acknowledged or proved, or authenticated as required by law and is otherwise sufficient and that it is in the public interest to grant the relief sought, either in whole or in part, but shall find that any part or portion of the property or property owners within the proposed district or extension are not benefited thereby or that certain property or property owners benefited thereby have not been included therein, the town board shall specify the necessary changes of the boundaries of the proposed district or extension to be made in order that all of the property and property owners and only such property and property owners as are benefited shall be included within such proposed district or extension, and the board 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 posted, published and mailed in the manner provided in this section except that such notice shall also specify the manner in which it is proposed to alter the boundaries of the proposed district or extension. Such further hearing shall be conducted in the same manner as an original hearing upon a petition. If and when the town board shall determine in the affirmative all of the questions set forth in this subdivision, the board may adopt a resolution approving the establishment or extension of the district as the boundaries shall be finally determined, but no such resolution so approving shall be adopted unless the petition shall comply with the requirements of this section as to sufficiency of signers as the boundaries of the proposed district or extension shall be finally determined.