N.Y. County Law § 258: Application to the department of audit and control

§ 258. Application to the department of audit and control. 1.

Whenever a resolution approving the establishment of a county district

shall have become effective, and it is proposed or required that the

county in which such district is located shall finance the cost thereof

by the issuance of the bonds, notes, certificates or other evidences of

indebtedness of the county therefor, or shall assume the payment of

annual installments of debt service on obligations issued to finance the

cost of facilities, pursuant to section two hundred sixty-two of this

article, and, if the state comptroller shall have computed average

estimated costs for similar types of districts, the cost of the proposed

district or extension to the typical property or, if different, the cost

of the proposed district or extension to the typical one or or two

family home as stated in the notice of hearing is above the average

estimated cost to the typical properties or homes for the establishment

or extension of similar types of districts as may be annually computed

by the state comptroller, the clerk of the board of supervisors shall

file an application in the office of the department of audit and control

for permission to establish the district. The state comptroller

annually shall provide to counties notice of the average cost thresholds

as may be computed in accordance with this section. Such application

shall be executed and verified by the chairman of the board of

supervisors or such other officer as the board may designate and be in

such form and contain such information as may be prescribed by the state

comptroller. The state comptroller may require the submission of

additional information or data in such form and detail as he shall deem

sufficient, or may cause an investigation to be made to aid him in

making the determinations below mentioned. Upon such application and

such other information, data and material which may be submitted, the

state comptroller shall determine whether the public interest will be

served by the establishment of the district and also whether the cost

thereof will be an undue burden upon the property of the proposed

district. If such resolution shall have provided for the establishment

of zones of assessment and the allocation of the costs of the facilities

as between such zones of assessment, the state comptroller shall further

determine whether the cost of the facilities allocated to each of said

zones of assessment will be an undue burden upon the property of each

proposed zone of assessment.

2. Upon completion of the examination of the application and

investigation of the project, the state comptroller shall make an order,

in duplicate, granting or denying permission for the establishment of

the district and shall file one copy of such order in the office of the

state department of audit and control at Albany, New York, and the other

in the office of the clerk of the board of supervisors of the county in

which the proposed district is located. The clerk of the board of

supervisors shall present such order to the board at the next meeting

thereof. If the state comptroller shall deny permission for the

establishment of the district, no further proceedings shall be taken in

the matter. If the state comptroller shall grant permission for the

establishment of the district or if such permission is not required, the

board of supervisors may adopt an order establishing the district.