Legislation
SECTION 202-D
Increase of maximum amount to be expended
Town (TWN) CHAPTER 62, ARTICLE 12
§ 202-d. Increase of maximum amount to be expended. 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.
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.