§ 209-h. Increase of maximum amount to be expended. 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.