§ 202-B — Increase or improvement of facilities

New York § 202-B

• Jurisdiction: New York
• Law TWN: Town
• Art. 12: District and Special Improvements

Text

§ 202-b. Increase or improvement of facilities. 1. Whenever it shall\ndetermine it to be in the public interest, after a public hearing as\nhereinafter provided, the town board may acquire or construct on behalf\nof a water, water storage and distribution, ambulance, sewer, sewage\ndisposal or drainage district additional facilities therefor and\nappurtenances thereto, other than the construction of a lateral sewer,\ndrain or water main authorized to be constructed pursuant to section one\nhundred ninety-nine, and including additional lands or interests in\nlands, or may improve or reconstruct existing facilities and\nappurtenances. The town board shall cause a map and plan of the proposed\nimprovement together with an estimate of the cost to be prepared by a\ncompetent engineer duly licensed by the state of New York. When the map\nand plan and estimate of cost has been completed, the town board shall\ncall a public hearing thereon and cause a notice thereof to be published\nand posted in the manner prescribed in section one hundred ninety-three.\nSuch notice shall describe in general terms the proposed improvement or\nthe location of the lands to be acquired, shall specify the estimated\nexpense thereof and state the time when and place where the board will\nmeet to hear all persons interested in the subject matter thereof. If\nthe town board shall decide, after such hearing and upon the evidence\ngiven thereat, that it is in the public interest to acquire or construct\nthe proposed improvement, the board shall direct the engineer to prepare\ndefinite plans and specifications, and to make a careful estimate of the\nexpense, and, with the assistance of the town attorney or an attorney\nemployed for that purpose, to prepare a proposed contract for the\nexecution of the work. Thereupon the said board shall examine such\ndefinite plans, specifications, estimate and the proposed contract, and\nmay reject the same or make such modifications and changes therein as\nshall seem necessary and desirable, and adopt the same and cause the\nimprovement to be constructed or acquired all in the same manner as\nhereinbefore provided for the construction of trunk sewers, drains and\nwater systems. In case the purchase of lands only is involved, the town\nboard, if it is determined to be in the public interest, may proceed to\npurchase such lands.\n In like manner, the town board may, after a public hearing held upon\ndue notice, replace obsolete, inadequate, damaged, destroyed or worn-out\napparatus and equipment or acquire additional apparatus and equipment.\nAny cost or expense incurred pursuant to the authority granted by this\nsection shall be a charge against the district and assessed, levied and\ncollected in the same manner as other charges against the particular\ndistrict. Nothing herein contained shall be construed to prevent the\nfinancing of such cost or expense pursuant to the provisions of the\nlocal finance law.\n 2. The town board may, on behalf of a park, public parking, ambulance,\nlighting, snow removal, refuse and garbage, public dock, watershed\nprotection improvement district, or beach erosion control district, and\nwithin the limitations of section one hundred ninety-eight of this\nchapter, acquire additional apparatus and equipment and replace\nobsolete, inadequate, damaged, destroyed or worn-out apparatus and\nequipment, and it may construct additional facilities and appurtenances\nthereto or reconstruct or replace obsolete, inadequate, damaged,\ndestroyed or worn-out facilities and appurtenances thereto. Such\nexpenditure shall be authorized in the manner provided in subdivision\none of this section, except that the map and plan described by said\nsubdivision one shall not be required. However, nothing herein contained\nshall be construed to limit or supersede the provisions of section\nseventy-two hundred three of the education law.\n 3. The permission of the state comptroller shall not be required for\nsuch expenditure, except as hereinafter provided in subdivision five,\nnor shall the town board be limited by the maximum amount proposed to be\nexpended as stated in the petition, or in the final order, if the town\nboard proceeded under article twelve-A of this chapter, or, in the case\nof a water storage and distribution district or sewage disposal\ndistrict, the notice of hearing, for the establishment or extension of\nthe district and the construction of the original improvement, but the\ntown board shall not incur any expense in excess of the amount stated in\nthe notice of hearing.\n 4. The powers hereinbefore provided in subdivisions one and two of\nthis section may be exercised by the town board on behalf of two or more\ndistricts jointly, provided that such districts are wholly situated in\nthe town, and whether or not the districts were established for the same\npurpose. The notice of hearing shall be published and the hearing held\nin the manner provided in subdivision one of this section. The cost,\nincluding both debt service and operation and maintenance, shall be\nannually apportioned among the districts by the town board, and the\namounts so apportioned shall be levied and collected in each district as\nprovided in sections two hundred two and two hundred two-a hereof.\n 5. In any such district which is located in a town wholly or partly\nwithin the Adirondack park and which contains state lands assessed at\nmore than thirty per centum of the total assessed valuation of the\ndistrict as determined from the assessment rolls of the town, as\ncompleted from time to time, no such expenditure shall be made or\ncontract let for the purposes authorized in this section, unless the\nstate comptroller, on behalf of the state, shall consent to such\nexpenditure.\n