Section 269. Increase of maximum amount to be expended  


Latest version.
  • At any time after
      the establishment of a district pursuant to this  article,  the  maximum
      amount authorized to be expended for the original improvement or for the
      original  improvement, the plans for which have been amended or modified
      pursuant to section two hundred fifty-three-a of this article,  in  such
      district may be increased by a resolution of the board of supervisors on
      its  own motion or provided a petition requesting such increase executed
      and acknowledged in accordance with section two hundred  fifty-three  of
      this  article is presented to the board of supervisors, and provided the
      board of supervisors shall, after a public hearing called  and  held  in
      the manner prescribed by section two hundred fifty-four of this article,
      determine that it is in the public interest to authorize the increase of
      such  maximum  amount  and  provided  that  whenever  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  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 the cost to the typical property or, if different, the
      cost to the typical  one  or  two  family  home  is  above  the  average
      estimated  cost to the typical properties or homes for the establishment
      of similar types of districts as may be annually computed by  the  state
      comptroller,  the  comptroller of the state of New York shall have made,
      prior to such public hearing, an order approving the  increase  of  such
      maximum  amount  as  stated  in the motion or petition. The order of the
      comptroller shall be prepared in duplicate and one copy thereof filed in
      the office of the department of audit and control and the other copy  in
      the  office  of  the  clerk of the board of supervisors of the county in
      which the district is located.
        If zones of assessment have been established, such resolution  of  the
      board  of  supervisors shall provide for the allocation of such increase
      as between such zones of assessment,  and  the  notice  of  such  public
      hearing shall state such allocation.
        The  resolution  of  the  board  of  supervisors shall be subject to a
      permissive referendum in the same manner and extent as provided  for  in
      section two hundred fifty-six of this article.