This text of New York § 204 (Transition to benefit basis levy of assessments in existing lighting districts) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 204. Transition to benefit basis levy of assessments in existing\nlighting districts.
1.If and when the town board shall determine it to\nbe in the public interest for an existing lighting district levying\nassessments by the ad valorem basis on the effective date of this\nsection to convert to the levying of assessments by the benefit basis,\nthe board may adopt a resolution approving the transition to the benefit\nbasis of levying assessments, which resolution shall be subject to a\npermissive referendum in the manner provided in article seven of this\nchapter, except as hereinafter provided. The proposition submitted must\nbe approved by the affirmative vote of a majority of the owners of\ntaxable real property situate in the existing district as shown upon the\nlatest completed as
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§ 204. Transition to benefit basis levy of assessments in existing\nlighting districts. 1. If and when the town board shall determine it to\nbe in the public interest for an existing lighting district levying\nassessments by the ad valorem basis on the effective date of this\nsection to convert to the levying of assessments by the benefit basis,\nthe board may adopt a resolution approving the transition to the benefit\nbasis of levying assessments, which resolution shall be subject to a\npermissive referendum in the manner provided in article seven of this\nchapter, except as hereinafter provided. The proposition submitted must\nbe approved by the affirmative vote of a majority of the owners of\ntaxable real property situate in the existing district as shown upon the\nlatest completed assessment-roll of the town, voting on such\nproposition. A petition requesting a referendum shall be sufficient if\nsigned and acknowledged by the owners of taxable real property situate\nin the existing district, as shown upon the latest completed\nassessment-roll of said town, in number equal to at least five percent\nof the total number of such owners, or by one hundred of such owners,\nwhichever is the lesser. For the purposes of this section, a corporate\nowner of such taxable real property shall be considered one owner for\nthe purposes of a petition requesting a referendum and shall be entitled\nto one vote to be cast by an officer or agent of the corporation or\nother duly authorized person designated by appropriate resolution of\nsuch corporation. The town clerk shall cause to be prepared and have\navailable for distribution proper forms for the petition and shall\ndistribute a supply to any person requesting same.\n 2. (a) If after the expiration of the time for filing a petition\nrequesting that the matter be submitted to a referendum of the property\nowners of the existing district, no such petition has been filed with\nthe town clerk, he shall file a certificate stating such fact in the\noffice of the county clerk.\n (b) If such petition was filed and after the referendum held pursuant\nto this section, the town clerk shall prepare and file a certificate\nstating that a petition was filed and a referendum was held pursuant to\nthe provisions of this section and certifying the result of the vote on\nthe proposition submitted at such referendum in the office of the county\nclerk.\n 3. If the certificate of the town clerk required to be filed pursuant\nto subdivision two of this section establishes that no petition was\nfiled requesting a referendum or that such petition was filed and the\nresult of the vote on the proposition submitted at the referendum held\npursuant thereto was in the affirmative, the town board shall adopt a\nfinal order establishing the transition to the benefit basis.\n 4. The authority conferred by this section to make such transition\nshall not be construed to authorize a transition from the benefit basis\nto the ad valorem basis of levying assessments.\n