New York § 202-E - 202-EAcquisition and improvement of additional property in park districts

§ 202-E. 202-EAcquisition and improvement of additional property in park districts

§ 202-e. Acquisition and improvement of additional property in park districts. 1. Petition. After the establishment of a park district and the acquisition for park purposes of the property described in the petition for the establishment of the district, the town board upon a petition therefor may acquire additional property for the purposes of such park district, in the manner herein provided. Such petition shall be signed, and acknowledged or proved, or authenticated, in the manner specified in section one hundred ninety-one for petitions for the establishment of a park district and shall be subject to the requirements of such section as to sufficiency of signers. The petition shall also describe the additional property proposed to be acquired for park purposes and shall state the maximum amount proposed to be expended for the acquisition and improvement thereof. 2. Hearing. Whenever such a petition containing the required signatures shall have been presented to the town board, the board shall adopt an order providing for a meeting to consider such petition and to hear all interested persons and shall cause notice of such hearing to be given in the manner provided in section one hundred and ninety-three. After such hearing and upon the evidence given thereat, the town board shall make the determinations specified in subdivision one of section one hundred and ninety-four. 3. Permission of comptroller. If such board shall determine in the affirmative all the questions set forth in such subdivision and shall approve said petition, an application shall be filed in the office of the state department of audit and control for permission to acquire and improve the additional property described in said petition. Such application shall be executed and filed in the form and manner specified in section one hundred and ninety-four for the execution and filing of an application for permission to create or extend an improvement district and the state comptroller shall make and file an order, in the manner and subject to the restrictions specified in subdivisions three and four of said section, granting or denying such permission. The town clerk shall present the order of the comptroller to the town board at the next meeting thereof. 4. Powers of town board. If the state comptroller shall deny permission for the acquisition and improvement of such property, the town board shall forthwith adopt an order denying the petition. If the state comptroller shall grant permission therefor, the town board may acquire by purchase or condemnation the property described in the petition; provided, however, that no property situated within an incorporated village or city shall be acquired unless the permission and consent of the legislative body thereof, is first obtained. After such additional property has been acquired, the town board shall have such powers and shall be subject to such duties in relation thereto as shall be prescribed in subdivision four of section one hundred and ninety-eight in relation to property acquired for park purposes pursuant to the petition for the establishment of such district.