2006 New York Code - Increase Or Improvement Of Facilities.

 
    §  202-b.  Increase or improvement of facilities. 1. Whenever it shall
  determine it to be in the public interest, after  a  public  hearing  as
  hereinafter  provided, the town board may acquire or construct on behalf
  of a water, water storage and  distribution,  ambulance,  sewer,  sewage
  disposal   or  drainage  district  additional  facilities  therefor  and
  appurtenances thereto, other than the construction of a  lateral  sewer,
  drain or water main authorized to be constructed pursuant to section one
  hundred  ninety-nine,  and  including  additional  lands or interests in
  lands,  or  may  improve  or   reconstruct   existing   facilities   and
  appurtenances. The town board shall cause a map and plan of the proposed
  improvement  together  with  an estimate of the cost to be prepared by a
  competent engineer duly licensed by the state of New York. When the  map
  and  plan  and estimate of cost has been completed, the town board shall
  call a public hearing thereon and cause a notice thereof to be published
  and posted in the manner prescribed in section one hundred ninety-three.
  Such notice shall describe in general terms the proposed improvement  or
  the  location  of  the lands to be acquired, shall specify the estimated
  expense thereof and state the time when and place where the  board  will
  meet  to  hear  all persons interested in the subject matter thereof. If
  the town board shall decide, after such hearing and  upon  the  evidence
  given thereat, that it is in the public interest to acquire or construct
  the proposed improvement, the board shall direct the engineer to prepare
  definite plans and specifications, and to make a careful estimate of the
  expense,  and,  with  the assistance of the town attorney or an attorney
  employed for that purpose,  to  prepare  a  proposed  contract  for  the
  execution  of  the  work.  Thereupon  the  said board shall examine such
  definite plans, specifications, estimate and the proposed contract,  and
  may  reject  the  same or make such modifications and changes therein as
  shall seem necessary and desirable, and adopt the  same  and  cause  the
  improvement  to  be  constructed  or  acquired all in the same manner as
  hereinbefore provided for the construction of trunk sewers,  drains  and
  water  systems. In case the purchase of lands only is involved, the town
  board, if it is determined to be in the public interest, may proceed  to
  purchase such lands.
    In  like  manner, the town board may, after a public hearing held upon
  due notice, replace obsolete, inadequate, damaged, destroyed or worn-out
  apparatus and equipment or acquire additional apparatus  and  equipment.
  Any  cost  or expense incurred pursuant to the authority granted by this
  section shall be a charge against the district and assessed, levied  and
  collected  in  the  same  manner as other charges against the particular
  district. Nothing herein contained shall be  construed  to  prevent  the
  financing  of  such  cost  or  expense pursuant to the provisions of the
  local finance law.
    2. The town board may, on behalf of a park, public parking, ambulance,
  lighting, snow removal, refuse and garbage, public dock or beach erosion
  control district, and within the  limitations  of  section  one  hundred
  ninety-eight of this chapter, acquire additional apparatus and equipment
  and   replace  obsolete,  inadequate,  damaged,  destroyed  or  worn-out
  apparatus and equipment, and it may construct additional facilities  and
  appurtenances  thereto  or  reconstruct or replace obsolete, inadequate,
  damaged, destroyed or worn-out  facilities  and  appurtenances  thereto.
  Such   expenditure  shall  be  authorized  in  the  manner  provided  in
  subdivision one hereof, except that the map and plan described  by  said
  subdivision one shall not be required. However, nothing herein contained
  shall  be  construed  to  limit  or  supersede the provisions of section
  seventy-two hundred three of the education law.
    3. The permission of the state comptroller shall not be  required  for
  such  expenditure,  except  as hereinafter provided in subdivision five,
  nor shall the town board be limited by the maximum amount proposed to be
  expended as stated in the petition, or in the final order, if  the  town
  board  proceeded under article twelve-A of this chapter, or, in the case
  of  a  water  storage  and  distribution  district  or  sewage  disposal
  district, the notice of hearing, for the establishment or  extension  of
  the  district  and the construction of the original improvement, but the
  town board shall not incur any expense in excess of the amount stated in
  the notice of hearing.
    4. The powers hereinbefore provided in subdivisions  one  and  two  of
  this section may be exercised by the town board on behalf of two or more
  districts  jointly,  provided that such districts are wholly situated in
  the town, and whether or not the districts were established for the same
  purpose. The notice of hearing shall be published and the  hearing  held
  in  the  manner  provided in subdivision one of this section.  The cost,
  including both debt service and  operation  and  maintenance,  shall  be
  annually  apportioned  among  the  districts  by the town board, and the
  amounts so apportioned shall be levied and collected in each district as
  provided in sections two hundred two and two hundred two-a hereof.
    5. In any such district which is located in a town  wholly  or  partly
  within  the  Adirondack  park and which contains state lands assessed at
  more than thirty per centum of  the  total  assessed  valuation  of  the
  district  as  determined  from  the  assessment  rolls  of  the town, as
  completed from time to time,  no  such  expenditure  shall  be  made  or
  contract  let  for  the  purposes authorized in this section, unless the
  state comptroller, on  behalf  of  the  state,  shall  consent  to  such
  expenditure.