Section 202-B. Increase or improvement of facilities  


Latest version.
  • 1. Whenever it shall
      determine it to be in the public interest, after  a  public  hearing  as
      hereinafter  provided, the town board may acquire or construct on behalf
      of a water, water storage and  distribution,  ambulance,  sewer,  sewage
      disposal   or  drainage  district  additional  facilities  therefor  and
      appurtenances thereto, other than the construction of a  lateral  sewer,
      drain or water main authorized to be constructed pursuant to section one
      hundred  ninety-nine,  and  including  additional  lands or interests in
      lands,  or  may  improve  or   reconstruct   existing   facilities   and
      appurtenances. The town board shall cause a map and plan of the proposed
      improvement  together  with  an estimate of the cost to be prepared by a
      competent engineer duly licensed by the state of New York. When the  map
      and  plan  and estimate of cost has been completed, the town board shall
      call a public hearing thereon and cause a notice thereof to be published
      and posted in the manner prescribed in section one hundred ninety-three.
      Such notice shall describe in general terms the proposed improvement  or
      the  location  of  the lands to be acquired, shall specify the estimated
      expense thereof and state the time when and place where the  board  will
      meet  to  hear  all persons interested in the subject matter thereof. If
      the town board shall decide, after such hearing and  upon  the  evidence
      given thereat, that it is in the public interest to acquire or construct
      the proposed improvement, the board shall direct the engineer to prepare
      definite plans and specifications, and to make a careful estimate of the
      expense,  and,  with  the assistance of the town attorney or an attorney
      employed for that purpose,  to  prepare  a  proposed  contract  for  the
      execution  of  the  work.  Thereupon  the  said board shall examine such
      definite plans, specifications, estimate and the proposed contract,  and
      may  reject  the  same or make such modifications and changes therein as
      shall seem necessary and desirable, and adopt the  same  and  cause  the
      improvement  to  be  constructed  or  acquired all in the same manner as
      hereinbefore provided for the construction of trunk sewers,  drains  and
      water  systems. In case the purchase of lands only is involved, the town
      board, if it is determined to be in the public interest, may proceed  to
      purchase such lands.
        In  like  manner, the town board may, after a public hearing held upon
      due notice, replace obsolete, inadequate, damaged, destroyed or worn-out
      apparatus and equipment or acquire additional apparatus  and  equipment.
      Any  cost  or expense incurred pursuant to the authority granted by this
      section shall be a charge against the district and assessed, levied  and
      collected  in  the  same  manner as other charges against the particular
      district. Nothing herein contained shall be  construed  to  prevent  the
      financing  of  such  cost  or  expense pursuant to the provisions of the
      local finance law.
        2. The town board may, on behalf of a park, public parking, ambulance,
      lighting, snow removal, refuse and garbage, public dock or beach erosion
      control district, and within the  limitations  of  section  one  hundred
      ninety-eight of this chapter, acquire additional apparatus and equipment
      and   replace  obsolete,  inadequate,  damaged,  destroyed  or  worn-out
      apparatus and equipment, and it may construct additional facilities  and
      appurtenances  thereto  or  reconstruct or replace obsolete, inadequate,
      damaged, destroyed or worn-out  facilities  and  appurtenances  thereto.
      Such   expenditure  shall  be  authorized  in  the  manner  provided  in
      subdivision one hereof, except that the map and plan described  by  said
      subdivision one shall not be required. However, nothing herein contained
      shall  be  construed  to  limit  or  supersede the provisions of section
      seventy-two hundred three of the education law.
        3. The permission of the state comptroller shall not be  required  for
      such  expenditure,  except  as hereinafter provided in subdivision five,
    
      nor shall the town board be limited by the maximum amount proposed to be
      expended as stated in the petition, or in the final order, if  the  town
      board  proceeded under article twelve-A of this chapter, or, in the case
      of  a  water  storage  and  distribution  district  or  sewage  disposal
      district, the notice of hearing, for the establishment or  extension  of
      the  district  and the construction of the original improvement, but the
      town board shall not incur any expense in excess of the amount stated in
      the notice of hearing.
        4. The powers hereinbefore provided in subdivisions  one  and  two  of
      this section may be exercised by the town board on behalf of two or more
      districts  jointly,  provided that such districts are wholly situated in
      the town, and whether or not the districts were established for the same
      purpose. The notice of hearing shall be published and the  hearing  held
      in  the  manner  provided in subdivision one of this section.  The cost,
      including both debt service and  operation  and  maintenance,  shall  be
      annually  apportioned  among  the  districts  by the town board, and the
      amounts so apportioned shall be levied and collected in each district as
      provided in sections two hundred two and two hundred two-a hereof.
        5. In any such district which is located in a town  wholly  or  partly
      within  the  Adirondack  park and which contains state lands assessed at
      more than thirty per centum of  the  total  assessed  valuation  of  the
      district  as  determined  from  the  assessment  rolls  of  the town, as
      completed from time to time,  no  such  expenditure  shall  be  made  or
      contract  let  for  the  purposes authorized in this section, unless the
      state comptroller, on  behalf  of  the  state,  shall  consent  to  such
      expenditure.