N.Y. Town Law § 209-h: Increase of maximum amount to be expended

§ 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.