Section 258. Application to the department of audit and control  


Latest version.
  • 1.
      Whenever a resolution approving the establishment of a  county  district
      shall  have  become  effective,  and it is proposed or required that the
      county in which such district is located shall finance the cost  thereof
      by  the issuance of the bonds, notes, certificates or other evidences of
      indebtedness of the county therefor, or  shall  assume  the  payment  of
      annual installments of debt service on obligations issued to finance the
      cost  of  facilities,  pursuant to section two hundred sixty-two of this
      article, and, if the  state  comptroller  shall  have  computed  average
      estimated costs for similar types of districts, the cost of the proposed
      district or extension to the typical property or, if different, the cost
      of  the  proposed  district  or  extension  to the typical one or or two
      family home as stated in the notice of  hearing  is  above  the  average
      estimated  cost to the typical properties or homes for the establishment
      or extension of similar types of districts as may be  annually  computed
      by  the  state  comptroller, the clerk of the board of supervisors shall
      file an application in the office of the department of audit and control
      for permission  to  establish  the  district.    The  state  comptroller
      annually shall provide to counties notice of the average cost thresholds
      as  may  be  computed in accordance with this section.  Such application
      shall be  executed  and  verified  by  the  chairman  of  the  board  of
      supervisors  or  such other officer as the board may designate and be in
      such form and contain such information as may be prescribed by the state
      comptroller.   The state  comptroller  may  require  the  submission  of
      additional  information or data in such form and detail as he shall deem
      sufficient, or may cause an investigation to  be  made  to  aid  him  in
      making  the  determinations  below  mentioned. Upon such application and
      such other information, data and material which may  be  submitted,  the
      state  comptroller  shall  determine whether the public interest will be
      served by the establishment of the district and also  whether  the  cost
      thereof  will  be  an  undue  burden  upon  the property of the proposed
      district. If such resolution shall have provided for  the  establishment
      of zones of assessment and the allocation of the costs of the facilities
      as between such zones of assessment, the state comptroller shall further
      determine  whether  the cost of the facilities allocated to each of said
      zones of assessment will be an undue burden upon the  property  of  each
      proposed zone of assessment.
        2.   Upon  completion  of  the  examination  of  the  application  and
      investigation of the project, the state comptroller shall make an order,
      in duplicate, granting or denying permission for  the  establishment  of
      the  district and shall file one copy of such order in the office of the
      state department of audit and control at Albany, New York, and the other
      in the office of the clerk of the board of supervisors of the county  in
      which  the  proposed  district  is  located.  The  clerk of the board of
      supervisors shall present such order to the board at  the  next  meeting
      thereof.  If  the  state  comptroller  shall  deny  permission  for  the
      establishment of the district, no further proceedings shall be taken  in
      the  matter.  If  the  state  comptroller shall grant permission for the
      establishment of the district or if such permission is not required, the
      board of supervisors may adopt an order establishing the district.