§ 274-B — Consolidation of the district and its extensions

§ 274-b. Consolidation of the district and its extensions. 1.\nDetermination and notice of public hearing. Whenever the board of\nsupervisors calls a public hearing on the extension of a district,\npursuant to section two hundred seventy-four of this article, or calls a\npublic hearing on the consolidation of two or more districts, pursuant\nto section two hundred seventy-four-a of this article, then such board\nmay, in its discretion, include in the order or resolution calling such\npublic hearing, a determination that all the expenses of the district,\nincluding all extensions heretofore or hereafter established, shall be a\ncharge against the entire area of the district as extended. Any notice\nof public hearing published shall, in addition to all other information\nrequired by sections two hundred seventy-four and two hundred\nseventy-four-a of this article, include a statement of the determination\nmade pursuant to this subdivision.\n 2. Method of assessment. a. When the board makes the determination set\nforth in subdivision one of this section in a proceeding to extend a\ndistrict which finances the costs of operation, maintenance and\nimprovements on a benefit basis, the district shall continue to be\nfinanced on a benefit basis.\n b. When the board makes the determination set forth in subdivision one\nof this section in a proceeding to extend a district which finances the\ncosts of operation, maintenance and improvements on an ad valorem basis\nwith or without zones of assessment, the district shall remain on an ad\nvalorem basis.\n c. When the board makes the determination set forth in subdivision one\nof this section in a proceeding to consolidate districts, the\nconsolidated district shall be assessed as provided in section two\nhundred seventy-four-a of this article.\n 3. Determinations after hearing. After the public hearing, in addition\nto those determinations required by section two hundred seventy-four or\ntwo hundred seventy-four-a of this article, the board shall determine\nwhether it is in the public interest to assess all expenses of the\ndistrict, including all extensions heretofore or hereafter established,\nas a charge against the entire area of the district as extended.\n 4. Permissive referendum. Any resolution which, in addition to making\nthe determinations required by section two hundred seventy-four or two\nhundred seventy-four-a of this article, determines that all expenses of\na district, including all extensions thereto, heretofore or hereafter\nestablished, shall be assessed as a charge against the entire area of\nthe district as extended shall, notwithstanding any other provision of\nthis chapter, be subject to permissive referendum as follows:\n a. In a proceeding to extend a district pursuant to this article,\nnotice of adoption, petition and referendum shall be as provided in\nsection two hundred seventy-four of this article, except that the\nnotices and ballot shall include the further determination made pursuant\nto this section.\n b. In a proceeding to consolidate districts pursuant to section two\nhundred seventy-four-a of this article, the notice of adoption, petition\nand referendum shall be as provided in such section, except that the\nnotices and ballot shall include the further determination made pursuant\nto this section.\n 5. Effect. a. In a proceeding to extend a district pursuant to section\ntwo hundred seventy-four of this article, the extension shall, subject\nto the provisions of subdivision four of this section, be deemed\nestablished as provided in such section two hundred seventy-four, and\nthe consolidated assessment roll shall be prepared for the next year in\nwhich assessments are levied against the extended district.\n b. In a proceeding to consolidate districts pursuant to section two\nhundred seventy-four-a of this article, the determinations made pursuant\nto this section shall take effect at the same time provided for the\nconsolidation in such section.\n