Section 209-H. Increase of maximum amount to be expended  


Latest version.
  • 1. At any time
      after the establishment of an improvement district or  of  an  extension
      thereof  pursuant  to  the  provisions  of  this  article  or  any other
      applicable provision of law, the maximum amount proposed to be  expended
      for  the improvement in such district, as stated in the notice of public
      hearing on the establishment or  extension  of  such  district,  may  be
      increased  by  an  order  of the town board provided that the town board
      shall, after a public hearing  is  held  in  the  manner  prescribed  by
      section  two hundred nine-d of this article, determine that it is in the
      public interest to authorize the increase of such  maximum  amount,  and
      provided the comptroller of the state of New York shall have made as may
      be required pursuant to subdivision one of section two hundred nine-f of
      this article, after such public hearing, an order approving the increase
      of  such  maximum  amount  as  stated in the said notice of hearing. 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 town clerk of the town. The order of
      the town board increasing the maximum amount to  be  expended  shall  be
      subject to a permissive referendum in the manner provided in subdivision
      three of section two hundred nine-e of this article. The comptroller may
      not  make  an  order approving the increase in such maximum amount until
      after the expiration of the time for filing a petition  requesting  that
      the  matter  be submitted to referendum or, if such a petition is filed,
      unless  the  vote  on  the  proposition  submitted  at  referendum   was
      affirmative.
        2.  If the notice of public hearing for the establishment or extension
      of the district proposes only the performance or  supplying  of  certain
      services, and states the maximum amount to be expended annually for such
      services, the maximum amount to be expended annually may be increased by
      an order of the town board provided the town board shall, after a public
      hearing,  determine  that  it is in the public interest to authorize the
      increase of such maximum amount. The town board  shall  give  notice  of
      such hearing by publication of a notice in at least one newspaper having
      general  circulation  in  the  district specifying the time when and the
      place where such hearing will be held and stating the increase  proposed
      in  the  maximum  amount  to  be expended annually. Such notice shall be
      published once at least ten days prior to the date  specified  for  such
      hearing.  The  approval of the state comptroller to such increase in the
      maximum amount to be expended annually shall not be required.