202-D - Increase of maximum amount to be expended.

§  202-d.  Increase  of  maximum amount to be expended. 1. At any time  after the establishment of an improvement district  the  maximum  amount  proposed  to be expended for the improvement in such district, as stated  in the petition for the establishment of such district, may be increased  by an order of the  town  board  provided  a  petition  requesting  such  increase  signed  as  required by section one hundred ninety-one of this  article is presented to the town  board  and  provided  the  town  board  shall,  after a public hearing ordered and held in the manner prescribed  by sections one hundred ninety-three and one hundred ninety-four 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  six  of  section  one  hundred ninety-four of this article,  after such public hearing, an  order  approving  the  increase  of  such  maximum  amount  as stated in the 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 town clerk of the town.    2. If the petition for establishment 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.