Legislation
SECTION 57-A
Special improvement district commissioners; abolition of office
Town (TWN) CHAPTER 62, ARTICLE 3-A, TITLE 8
§ 57-a. Special improvement district commissioners; abolition of
office. 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.
office. 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.