§ 245.1. Public hearing.
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Any such improvement authorized pursuant to this article wholly
at the expense of the owners of property benefited or partly at the
expense of the town and partly at the expense of the property benefited
as a local improvement shall not be undertaken until the Town Board,
after a public hearing upon notice as hereinafter prescribed, shall
determine (a) it is in the public interest to make such improvement,
(b) all property in the proposed benefited area is benefited by the
improvement and (c) all property benefited by the improvement is included
in the proposed benefited area.
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§ 245.2. Order calling public hearing.
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The Town Board may adopt an order calling a public hearing
pursuant to this article and enter the same in the minutes of its
proceedings reciting the proposed improvement, a description of the
proposed benefited area, the maximum amount proposed to be expended
for the proposed improvement, the proposed method of apportioning
the cost of such improvement, if any, the proposed method of financing
such improvement, the fact that a map, plan and report, if any, describing
the same, are filed in the Town Clerk's office for public inspection,
and specifying the time when and the place where such Town Board will
meet and hold a public hearing at which all persons interested in
the subject thereof may be heard concerning the same.
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§ 245.3. Notice of public hearing.
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The Town Board shall cause a copy of such order, certified
by the Town Clerk, to be published at least once in the official newspaper
of the town, the first publication thereof to be not less than 10
nor more than 20 days before the date set therein for the hearing
as aforesaid, and shall also cause a copy thereof to be posted on
the signboard of the town maintained pursuant to Subdivision 6 of
Section 30 of the Town Law, not less than 10 nor more than 20 days
before the day designated for the hearing as aforesaid.
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§ 245.4. Decision by Town Board.
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If, after such public hearing and upon the evidence given thereat,
the Town Board shall determine that any of the property in the proposed
benefited area is not benefited by the improvement or that any property
benefited by the improvement is not included in the proposed benefited
area and that the boundary of the proposed benefited area should be
changed accordingly or, if the cost of the improvement is proposed
to be made partly at the expense of the owners of the property benefited
as a local improvement, that the proposed method of apportioning the
cost of such improvement between the town and the owners of the property
benefited should be changed, the Town Board shall specify the changes
and shall call a further public hearing at a definite time and place
not less than 15 nor more than 25 days after such previous public
hearing. Notice of such further public hearing shall be given as prescribed
for the initial public hearing, except that such notice of further
public hearing shall also specify the manner in which it is proposed
to change the boundaries of such benefited area or the method of apportioning
the cost of the improvement.
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