Section 280-I. Application to the department of audit and control  


Latest version.
  • Whenever
      a resolution approving the establishment of a county district shall have
      become effective,  the  clerk  of  the  governing  body  shall  file  an
      application  in  the  office  of the department of audit and control for
      permission to establish the district. Such application shall be executed
      and verified by the chairman of the governing body or such other officer
      as the governing body 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 creation 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.
        Upon   completion   of   his   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 governing body of the county in  which
      the  proposed district is located. The clerk of the governing body shall
      present such order to the governing body 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, the  governing  body  may  adopt  an  order  establishing  the
      district.