Section 202-D. Increase of maximum amount to be expended  


Latest version.
  • 1. At any time
      after the establishment of an improvement district  the  maximum  amount
      proposed  to be expended for the improvement in such district, as stated
      in the petition for the establishment of such district, may be increased
      by an order of the  town  board  provided  a  petition  requesting  such
      increase  signed  as  required by section one hundred ninety-one of this
      article is presented to the town  board  and  provided  the  town  board
      shall,  after a public hearing ordered and held in the manner prescribed
      by sections one hundred ninety-three and one hundred ninety-four 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  six  of  section  one  hundred ninety-four of this article,
      after such public hearing, an  order  approving  the  increase  of  such
      maximum  amount  as stated in the 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 town clerk of the town.
        2. If the petition for establishment 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.