New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 2. Department of Audit and Control |
Chapter III. Improvement Districts and Sewer, Drainage, and Water Improvements |
Part 85. Application for Permission of State Comptroller |
Sec. 85.3. Authority for submitting application
Latest version.
- (a) An application for permission of the State Comptroller shall set forth the statute pursuant to which the application is being made and contain such other information as is required by section 85.4 of this Part. Such information may either be included as a statement in the application or attached as an exhibit thereto. The application shall be executed and verified by the supervisor if an application is made pursuant to the Town Law, the chairman of the board of supervisors if an application is made pursuant to the County Law or such other officer as the governing board of the town or county shall designate. Any application under Town Law, sections 194 and 209-f, including all exhibits thereto, shall be submitted in duplicate.(b) All applications for permission of the State Comptroller shall be accompanied by:(1) a certified copy of a resolution of the governing board stating that the attached application was prepared at the direction of the governing board; that the board believes the contents of the application to be accurate; that the Board has determined that the improvement, district, extension or expenditure for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; and if the cost of the proposed improvements is to be assessed in whole or in part against a benefited area, that all real property to be so assessed will be benefited by the proposed improvements and that no benefited property has been excluded; and(2) one or more opinions of legal counsel that comply with the requirements of section 88.5 of this Part.