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This entry was published on 2014-09-22
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SECTION 269
Increase of maximum amount to be expended
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 269. Increase of maximum amount to be expended. At any time after
the establishment of a district pursuant to this article, the maximum
amount authorized to be expended for the original improvement or for the
original improvement, the plans for which have been amended or modified
pursuant to section two hundred fifty-three-a of this article, in such
district may be increased by a resolution of the board of supervisors on
its own motion or provided a petition requesting such increase executed
and acknowledged in accordance with section two hundred fifty-three of
this article is presented to the board of supervisors, and provided the
board of supervisors shall, after a public hearing called and held in
the manner prescribed by section two hundred fifty-four of this article,
determine that it is in the public interest to authorize the increase of
such maximum amount and provided that whenever 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 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 the cost to the typical property or, if different, the
cost to the typical one or two family home is above the average
estimated cost to the typical properties or homes for the establishment
of similar types of districts as may be annually computed by the state
comptroller, the comptroller of the state of New York shall have made,
prior to such public hearing, an order approving the increase of such
maximum amount as stated in the motion or 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 clerk of the board of supervisors of the county in
which the district is located.

If zones of assessment have been established, such resolution of the
board of supervisors shall provide for the allocation of such increase
as between such zones of assessment, and the notice of such public
hearing shall state such allocation.

The resolution of the board of supervisors shall be subject to a
permissive referendum in the same manner and extent as provided for in
section two hundred fifty-six of this article.