Section 202-E. Acquisition and improvement of additional property in park districts  


Latest version.
  • 1. Petition. After the establishment of a park district  and
      the  acquisition  for  park  purposes  of  the property described in the
      petition for the establishment of the district, the town  board  upon  a
      petition  therefor  may  acquire additional property for the purposes of
      such park district, in the manner herein provided. Such  petition  shall
      be  signed,  and acknowledged or proved, or authenticated, in the manner
      specified in section  one  hundred  ninety-one  for  petitions  for  the
      establishment   of   a  park  district  and  shall  be  subject  to  the
      requirements of such section as to sufficiency of signers. The  petition
      shall  also describe the additional property proposed to be acquired for
      park purposes and shall state the maximum amount proposed to be expended
      for the acquisition and improvement thereof.
        2.  Hearing.  Whenever  such  a  petition  containing   the   required
      signatures  shall have been presented to the town board, the board shall
      adopt an order providing for a meeting to consider such petition and  to
      hear all interested persons and shall cause notice of such hearing to be
      given  in  the  manner provided in section one hundred and ninety-three.
      After such hearing and upon the evidence given thereat, the  town  board
      shall  make  the  determinations specified in subdivision one of section
      one hundred and ninety-four.
        3. Permission of comptroller. If such board  shall  determine  in  the
      affirmative  all  the  questions set forth in such subdivision and shall
      approve said petition, an application shall be filed in  the  office  of
      the  state department of audit and control for permission to acquire and
      improve the additional  property  described  in  said  petition.    Such
      application shall be executed and filed in the form and manner specified
      in  section  one hundred and ninety-four for the execution and filing of
      an application  for  permission  to  create  or  extend  an  improvement
      district  and the state comptroller shall make and file an order, in the
      manner and subject to the restrictions specified in  subdivisions  three
      and  four of said section, granting or denying such permission. The town
      clerk shall present the order of the comptroller to the  town  board  at
      the next meeting thereof.
        4.  Powers  of  town  board.  If  the  state  comptroller  shall  deny
      permission for the acquisition and improvement  of  such  property,  the
      town  board  shall forthwith adopt an order denying the petition. If the
      state comptroller shall grant permission therefor, the  town  board  may
      acquire  by  purchase  or  condemnation  the  property  described in the
      petition;  provided,  however,  that  no  property  situated  within  an
      incorporated village or city shall be acquired unless the permission and
      consent of the legislative body thereof, is first obtained.
        After such additional property has been acquired, the town board shall
      have such powers and shall be subject to such duties in relation thereto
      as  shall  be  prescribed in subdivision four of section one hundred and
      ninety-eight in relation to property acquired for park purposes pursuant
      to the petition for the establishment of such district.