N.Y. CNT Law § 258 — New York Code / Act CNT / Article 5-A / Section 258
Application to the department of audit and control
Status: in_force

§ 258. Application to the department of audit and control.  1.\nWhenever a resolution approving the establishment of a county district\nshall have become effective, and it is proposed or required that the\ncounty in which such district is located shall finance the cost thereof\nby the issuance of the bonds, notes, certificates or other evidences of\nindebtedness of the county therefor, or shall assume the payment of\nannual installments of debt service on obligations issued to finance the\ncost of facilities, pursuant to section two hundred sixty-two of this\narticle, and, if the state comptroller shall have computed average\nestimated costs for similar types of districts, the cost of the proposed\ndistrict or extension to the typical property or, if different, the cost\nof the proposed district or extension to the typical one or or two\nfamily home as stated in the notice of hearing is above the average\nestimated cost to the typical properties or homes for the establishment\nor extension of similar types of districts as may be annually computed\nby the state comptroller, the clerk of the board of supervisors shall\nfile an application in the office of the department of audit and control\nfor permission to establish the district.  The state comptroller\nannually shall provide to counties notice of the average cost thresholds\nas may be computed in accordance with this section.  Such application\nshall be executed and verified by the chairman of the board of\nsupervisors or such other officer as the board may designate and be in\nsuch form and contain such information as may be prescribed by the state\ncomptroller.  The state comptroller may require the submission of\nadditional information or data in such form and detail as he shall deem\nsufficient, or may cause an investigation to be made to aid him in\nmaking the determinations below mentioned. Upon such application and\nsuch other information, data and material which may be submitted, the\nstate comptroller shall determine whether the public interest will be\nserved by the establishment of the district and also whether the cost\nthereof will be an undue burden upon the property of the proposed\ndistrict. If such resolution shall have provided for the establishment\nof zones of assessment and the allocation of the costs of the facilities\nas between such zones of assessment, the state comptroller shall further\ndetermine whether the cost of the facilities allocated to each of said\nzones of assessment will be an undue burden upon the property of each\nproposed zone of assessment.\n  2. Upon completion of the examination of the application and\ninvestigation of the project, the state comptroller shall make an order,\nin duplicate, granting or denying permission for the establishment of\nthe district and shall file one copy of such order in the office of the\nstate department of audit and control at Albany, New York, and the other\nin the office of the clerk of the board of supervisors of the county in\nwhich the proposed district is located. The clerk of the board of\nsupervisors shall present such order to the board at the next meeting\nthereof. If the state comptroller shall deny permission for the\nestablishment of the district, no further proceedings shall be taken in\nthe matter. If the state comptroller shall grant permission for the\nestablishment of the district or if such permission is not required, the\nboard of supervisors may adopt an order establishing the district.\n