Section 57-A. Special improvement district commissioners; abolition of office


Latest version.
  • 1. Except where the town board of a town shall  by  at  least  a
      three-fourths  vote  of  the whole number of its members taken not later
      than July first in the year in which it adopts a resolution to become  a
      suburban  town,  adopt a resolution continuing such offices, the term of
      every commissioner in any improvement district located in  any  suburban
      town  shall  expire  on  the  thirty-first  day  of December immediately
      succeeding the January first on which  any  such  town  shall  become  a
      suburban  town  pursuant  to  section  fifty-a of this chapter, unless a
      petition be filed as provided herein requiring  the  submission  to  the
      qualified  electors  in  any  such  district of a proposition "Shall the
      offices of commissioners be retained in the  (insert  the  name  of  the
      district)?"  Any  such petition shall be filed in the office of the town
      clerk and shall be signed, and acknowledged or proved in the same manner
      as a deed to be recorded, or authenticated in the manner provided by the
      election law for the authentication of nominating petitions, by at least
      twenty-five per centum, or five  hundred,  whichever  is  less,  of  the
      resident  electors of the district qualified to vote at the last general
      election. Any such petition must be filed not later than the  first  day
      of  July  immediately  succeeding  the  January  first on which the town
      became a suburban town.
        2. The proposition for which the petition shall have been filed  shall
      be  submitted to a special town election to be held not later than forty
      days after the filing of such  petition  and  at  a  place  within  such
      district  to be fixed by the town board. Notice of the election shall be
      given, the election held and the votes canvassed and  results  certified
      and  returned  in  the  manner  provided  in article six of this chapter
      relating to special town elections. Every elector of the town who  is  a
      resident  and  the  owner of property in such district assessed upon the
      last preceding town assessment roll shall be entitled to  vote  at  such
      election.
        3.  If  a  majority  of the votes cast on any proposition submitted as
      herein provided  be  in  the  affirmative,  the  provisions  of  article
      thirteen  of  this  chapter  shall  continue  to  be  applicable to such
      district  and  the  affairs  of  such  district  shall  continue  to  be
      administered  in the manner therein provided. If a majority of the votes
      cast not be in  the  affirmative,  or  if  no  petition  be  filed,  the
      commissioners  of  such district shall (a) deliver to the town clerk not
      later than such thirty-first day of December all the records, books  and
      papers  of  such commissioners, (b) deliver to the supervisor all funds,
      (c) deliver to the town board all other property in their possession  or
      under their control and (d) make complete and proper accounting therefor
      to the town board.
        4.   In  the  event  of  the  abolition  of  the  office  of  district
      commissioner pursuant to this section, all powers  previously  exercised
      by  the  commissioners  so  abolished  shall thereafter be vested in and
      exercised by the town board unless  otherwise  provided  by  such  board
      pursuant to this chapter.