§ 194. Establishment or extension of districts. 1. After a hearing\nheld upon notice as hereinbefore provided and upon the evidence given\nthereat, the town board shall determine by resolution: (a) whether the\npetition is signed, and acknowledged or proved, or authenticated, as\nrequired by law and is otherwise sufficient;\n (b) whether all the property and property owners within the proposed\ndistrict or extension are benefited thereby;\n (c) whether all the property and property owners benefited are\nincluded within the limits of the proposed district or extension;\n (d) whether it is in the public interest to grant in whole or in part\nthe relief sought.\n 2. (a) If the town board shall determine that the petition is not\nsigned, and acknowledged or proved, or authenticated, as required by law\nor that it is otherwise insufficient, or if it is determined that it be\nnot in the public interest to grant in whole or in part the relief\nsought, the town board shall deny the petition.\n (b) If the town board shall determine that the petition is signed, and\nacknowledged or proved, or authenticated, as required by law and is\notherwise sufficient and that it is in the public interest to grant the\nrelief sought, either in whole or in part, but shall find that any part\nor portion of the property or property owners within the proposed\ndistrict or extension are not benefited thereby or that certain property\nor property owners benefited thereby have not been included therein, the\ntown board shall specify the necessary changes of the boundaries of the\nproposed district or extension to be made in order that all of the\nproperty and property owners and only such property and property owners\nas are benefited shall be included within such proposed district or\nextension, and the board shall call a further hearing at a definite\nplace and time not less than fifteen nor more than twenty-five days\nafter such determination. Notice of such further hearing shall be posted\nand published in the manner provided in section one hundred ninety-three\nhereof except that such notice shall also specify the manner in which it\nis proposed to alter the boundaries of the proposed district or\nextension. Such further hearing shall be conducted in the same manner as\nan original hearing upon a petition. If and when the town board shall\ndetermine in the affirmative all of the questions set forth in\nsubdivision one of this section, the board may adopt a resolution\napproving the establishment or extension of the district as the\nboundaries shall be finally determined and the construction of the\nimprovement or providing of the service therein, but no such resolution\nso approving shall be adopted unless the petition shall comply with the\nrequirements of section one hundred ninety-one as to sufficiency of\nsigners as the boundaries of the proposed district or extension shall be\nfinally determined.\n 3. (a) Within ten days after the adoption of a resolution by a town\nboard approving the establishment or extension of a district and the\nconstruction of an improvement or the providing of a service therein,\nthe town clerk of the town shall file a certified copy of such\nresolution, in duplicate, in the office of the state department of audit\nand control at Albany, New York, together with an application, in\nduplicate, for permission to create or extend such district as the case\nmay be. Such application shall be executed and verified by the\nsupervisor, or such other officer of the town as the town board shall\ndetermine, and shall include the following:\n (1) A certified copy of the petition (omitting, however, the\nsignatures, and acknowledgments or proofs, or authentications) and in\nthe instance of a sewer, drainage or water district, of the map and plan\naccompanying the same;\n (2) An itemized statement of the then outstanding indebtedness of the\ntown for all purposes, as evidenced by bonds, bond anticipation notes,\ncapital notes and
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