NY Town L § 215 (2021)
2021 New York Laws TWN - Town Article 13 - Improvement District Commissioners 215 - Powers and Duties of Improvement District Commissioners.

§  215.  Powers  and  duties  of  improvement  district commissioners.   Subject to law and the provisions of this chapter, the commissioners  of   every improvement district shall constitute and be known as the board of   commissioners of such improvement district. Such board of commissioners1.  Shall  elect  one  of  their  members  as  chairman and another as   secretary of the board of commissioners at  the  first  meeting  thereof   following  each  annual election of district commissioners, or the board   of commissioners may designate the town clerk of such town as  secretary   of  the  board  of  commissioners  and when so designated the town clerk   shall act as secretary thereof without  additional  compensation.  Every   board of commissioners shall file and maintain in the office of the town   clerk  a  complete  and accurate record of all proceedings of such board   including certified copies of the minutes of  each  meeting  within  ten   days after each such meeting.1-a.  May,  when specifically authorized by the town board and subject   to such restrictions as the town board may impose not inconsistent  with   law,  designate one of their members as treasurer and disbursing officer   for such district in place of the supervisor, and  when  a  commissioner   has  been  so  designated, the supervisor, and the receiver of taxes and   assessments or town tax collector shall pay over to the treasurer of the   district all taxes, assessments or  water  rates  or  rentals  assessed,   levied  or  collected for district purposes or services rendered by such   district,  and  all  proceeds  of  obligations   issued   for   district   improvements.   The   proceeds   of   obligations  issued  for  district   improvements shall be deposited, secured and used pursuant to the manner   prescribed by section 165.00 of the local  finance  law.  The  treasurer   shall,  within  ten  days,  deposit  and  secure all other moneys in the   manner provided by section ten of the general municipal law.  The  board   of  commissioners  shall  require  the  treasurer  so designated, before   entering upon the duties of his office, to give an official undertaking,   conditioned for the faithful performance of his duties and that he  will   well  and  truly  keep, pay over and account for all moneys and property   belonging to the district and coming into his  hands  as  treasurer,  in   such  form,  in  such  sum  and  with  such  sureties  as  the  board of   commissioners shall direct and  approve,  and  such  approval  shall  be   indicated  upon  such  undertaking;  and when approved, such undertaking   shall  be  filed  in  the  office  of  the  town  clerk.  The  board  of   commissioners may determine by resolution that such undertaking shall be   executed  by  a  surety  company  authorized to transact business in the   state of New York, and the expense thereof shall  be  a  charge  on  the   district.1-b.  Shall  audit all claims against the district and shall order the   payment thereof by the district treasurer or the town supervisor, as the   case may be, in the amounts allowed. Except  as  otherwise  provided  by   this  subdivision, no such claim shall be audited or ordered paid by the   board of commissioners unless an itemized voucher therefor, verified  by   or on behalf of the claimant, in such form as the board of commissioners   shall prescribe, shall have been presented to the board of commissioners   for  audit  and  allowance.  The  board  of  commissioners may, however,   provide by resolution, that any such claim may be presented, audited and   paid if it shall have been  certified  to  be  true  and  correct  in  a   statement  signed by or on behalf of the claimant upon a form prescribed   by the board of commissioners. The provisions of this subdivision  shall   not  be  applicable  to  claims  for  the  payment  of fixed salaries of   officers or employees, the  principal  of  or  interest  on  obligations   issued  for  purposes  of  the  district,  fixed amounts becoming due on   lawful contracts for periods exceeding one year, and amounts  which  the   district  may  be  required  to  pay  to the state employees' retirement    system on account of contributions for  past  and  current  services  of   officers and employees.1-c.  Notwithstanding  the  provisions  of  subdivision  one-b of this   section,  may  by  resolution  establish  a  petty  cash  fund  for  the   improvement  district treasurer for the payment, in advance of audit, of   properly  itemized  and  verified  or  certified  bills  for  materials,   supplies  or  services  furnished  to  the  improvement district for the   conduct of its affairs and upon terms calling for payment to the  vendor   upon  the delivery of any such materials or supplies or the rendering of   any such services. The amount of such petty cash fund shall  not  exceed   two  hundred  fifty  dollars. At the time of any payment from such fund,   the treasurer shall require delivery to him of a bill in form sufficient   for audit by the board of commissioners of such improvement district  as   required by law. At each meeting of the board of commissioners a list of   all  expenditures  made  from  such  funds since the last meeting of the   board, together with the bill supporting  such  expenditures,  shall  be   presented  by the treasurer to the board of commissioners for audit. The   board of commissioners of such improvement  district  shall  direct  the   treasurer  to  reimburse  such  petty  cash  fund  from  the appropriate   budgetary item or items, in an amount equal to the total of  such  bills   which  it  shall so audit and allow. Any of such bills or any portion of   such bills which the board of commissioners shall refuse  to  audit  and   allow  shall  be  the  personal  liability of the treasurer and he shall   promptly  reimburse  such  petty  cash  fund  in  the  amount  of   such   disallowances.  If  such  reimbursement has not been made by the time of   the first payment of salary to the treasurer after  the  action  of  the   board of commissioners in disallowing an amount so expended, such amount   shall  be  withheld  from  such  salary payment to the treasurer and, if   necessary, subsequent salary payments and paid into such petty cash fund   until an amount equal to the amount so disallowed in the  audit  of  the   board  of commissioners has been repaid to the petty cash fund. Any bond   or undertaking  filed  by  the  treasurer  shall  be  available  to  the   improvement  district  for  recovery of any losses incurred by reason of   the operation of such petty cash funds.2. Shall cause a map to be prepared showing the  exact  boundaries  of   the district and file a certified copy thereof in the office of the town   clerk.3.  Shall  give  notice  of annual elections in the manner provided in   this article.4.  Subject  to  the  provisions  of  this  article,  shall  have  the   management  and  control  of the property of the district and may insure   the same against loss or damage from any risk whatsoever.5. Subject to the provisions of this article, may acquire by purchase,   lease, gift, devise or by condemnation, real property  for  any  of  the   purposes  authorized by law. All real property required for any district   purpose, shall be deemed to be  required  for  public  use  and  may  be   acquired by such district.6.  May  sue and be sued as the board of commissioners of the district   for the breach of any contract entered into by them,  pursuant  to  this   article.  Any  sum of money recovered by them in such an action shall be   paid over to the town  treasury  and  be  credited  to  the  improvement   district.  In  the event of the entry of any judgment against such board   of commissioners such board shall notify the town board as to the amount   of such judgment, interest and costs, and the town board shall forthwith   satisfy and pay such judgment, interest and costs,  and  the  amount  so   paid in satisfaction of any such judgment, interest and costs shall be a   charge  against such improvement district and as such levied against the   taxable property therein, or the amount of any such judgment,  including    interest  and costs may be financed pursuant to the local finance law in   which event amounts necessary to provide  for  the  annual  payments  of   principal of and interest on any obligations issued by the town for such   purpose  shall be a charge against such improvement district and as such   levied against the taxable property therein.8. Shall have the power, with the approval of the majority of the town   board, and, if a public hearing thereon is required by paragraph (a)  of   subdivision  twelve of section one hundred ninety-eight of this chapter,   after such hearing, and within the limits authorized by such  paragraph,   to  sell  or  lease  any  real  or  personal  property owned by, but not   required for the purposes of, the district. The receipts from such  sale   or lease shall be paid to the supervisor of the town and credited to the   district  and may be expended for any district purpose permitted by law,   as the board of commissioners may direct.9. Shall, on or before the fifteenth day of January, of each and every   year, file with the town clerk and post on the website of the  district,   provided  such  website  is  maintained, a report for the preceding year   ending the thirty-first day of December, containing a statement  of  the   following facts:a.  The  amount of money on hand at the beginning of the year, and the   receipts from all sources during such year.b. An itemized statement of the amount paid out during such year,  and   the balance on hand.c.  The  outstanding  indebtedness  of  the district, either bonded or   otherwise, separately stated.d. The estimated deficiency in the amount necessary to  pay  principal   or  interest or the expenses of the district during the next year, after   applying thereto the probable amount of income.e. The improvements and extensions made during such preceding year  in   the district.f.  Such  other facts as the board deems important for the information   of the district, together  with  such  recommendations  concerning  such   district  as  may  be  deemed  proper. Upon receipt of the filing of the   report, the town clerk shall cause a copy of the report to be posted  on   the website of the town, if such website is maintained.9-a.  Shall  annually prepare an estimate of proposed expenditures for   and revenues of such district for  the  year  beginning  with  the  next   succeeding  January  first.  Such  estimate  shall  specify  by item all   proposed  expenditures  for  general  purposes,  including  expert   and   professional  services,  and for debt service. Such estimate may contain   for contingent purposes, an amount not to exceed ten per centum  of  the   amount  estimated  as  necessary  to meet the expense of maintaining the   improvement exclusive of the amount necessary to pay  debt  service  and   judgments.  The board of commissioners shall conduct a public hearing on   such estimate on the first  Thursday  following  the  first  Tuesday  of   September,  for  the  calendar  year two thousand thirteen on the second   Thursday following the first Tuesday of September or, in Westchester and   Monroe counties, the first  Thursday  following  the  first  Tuesday  of   October.  Notice of such hearing shall be published at least once in the   official newspaper of the town wherein such district is located,  or  if   no  official newspaper has been designated by the town, in any newspaper   having general circulation in the district. The notice may be  published   in  such  other newspapers as the board of commissioners may direct. The   notice of hearing shall be published not more than twenty nor less  than   five  days  prior  to  the  day specified for the hearing. The notice of   hearing shall state the time when and the place where the public hearing   will be held, the purpose thereof, and that a copy of  the  estimate  of   proposed  expenditures  for  and  revenues of such district for the year    beginning with the succeeding first day  of  January  is  available  for   public  inspection  at  specified times and at a specified public place.   After the public hearing, the board of commissioners of  an  improvement   district may change, alter and revise such estimate prior to filing with   the  budget  officer. Notice of such public hearing shall also be posted   on the websites of the district and the town in which  the  district  is   located,  provided such websites are maintained, on the signboard of the   town and  conspicuously  posted  in  three  or  more  designated  public   locations  within the district, on or about the day on which such notice   is published.10. Shall,  after  the  public  hearing  conducted  as  prescribed  in   subdivision  nine-a  of  this  section,  annually  file  with the budget   officer at the time specified in  sections  one  hundred  four  and  two   hundred  two-a  of this chapter and post on the website of the district,   if such website is maintained, the estimate of proposed expenditures for   and revenues of such district for the year beginning with the succeeding   first day of January. Upon receipt of the filing of  the  estimate,  the   budget  officer  shall cause a copy of such estimate to be posted on the   website of the town, if such website is maintained.  In  any  town,  the   town  board  may reduce any item specified in such estimate, but may not   reduce any item relating to estimated revenues and debt  service  unless   the  majority  of  the  commissioners of an improvement district request   such reduction in writing.11. May award contracts in the same manner and upon the same notice as   provided for the award of contracts by the town board in article twelve,   provided, however, that the board of commissioners shall not  incur  any   indebtedness or contract any obligation in excess of the amount provided   for  in  the  annual estimate and for which a tax or assessment has been   previously levied upon the district,  except  pursuant  to  petition  as   hereinafter provided or except from funds made available pursuant to the   local finance law.12.  Shall  adopt a resolution prescribing how water connections shall   be made and shall make and establish from time to time, water  rates  to   be  paid  by  consumers  and  may  provide for the payment of such water   charges in advance. The  board  of  commissioners  may  provide  that  a   discount  shall  be allowed for the prompt payment of water rates within   the time required by such board for  the  payment  thereof.  Such  water   charges  shall  be  a  lien  upon  the  real  property  upon which or in   connection with which said water was used. The  board  of  commissioners   may provide that unpaid water rates which are in arrears for thirty days   or  longer shall be subject to a penalty not exceeding ten per centum of   the amount due and may further provide for cutting  off  the  supply  of   water if such water charges are not paid within sixty days from the date   due,  in  a  water  district.  At  the  same  time  as the filing of the   estimates specified in section one hundred four of this chapter,  or  in   case  the  town board shall elect by resolution a subsequent date, which   in no event shall be later than November first in any  year,  the  water   commissioners  shall  annually  file  with  the town board, and with the   supervisors of adjoining towns in which  permits  have  been  issued  to   property  owners,  statements  showing  the  unpaid water charges in the   respective districts and towns and which have not appeared on  any  such   statements previously filed.13.  Shall  adopt  a  resolution  or  ordinance  prescribing how sewer   connections shall be made, in a sewer district.14. Shall adopt a resolution or ordinance prescribing how storm  sewer   connections shall be made, in a drainage district.15.  Shall  have all the powers provided in section two hundred one of   this chapter to require the installation  of  sewer  connections,  in  a    sewer  or  drainage district and water connections, in a water district.   All  notices  therein  required  shall  be  given  by   the   board   of   commissioners  and  the  cost  or  expense  of  the improvement shall be   certified to the town board and assessed by it.16.  Shall  have  all  the  powers  of  the  town  board,  pursuant to   subdivision  four  of  section  one  hundred  ninety-eight,  in  a  park   district.17.  Shall  have  all  the  powers  of  the  town  board,  pursuant to   subdivision seven of section one hundred ninety-eight, in a  refuse  and   garbage district.18.  Shall  have  all  the  powers  of  the  town  board,  pursuant to   subdivision eight of section one hundred ninety-eight, in a public  dock   district.19.  Except  as  otherwise  provided  by  this article, shall have and   exercise any power conferred upon the town board of the town in  such  a   district,  pursuant  to provisions of article twelve and of sections two   hundred  thirty-seven,  two  hundred  thirty-eight   and   two   hundred   thirty-nine of article fifteen, when delegated to it by the town board.20.  May  provide  by  resolution that candidates for district offices   shall file their names with the secretary of the board of  commissioners   at  least  thirty days prior to the date of the district elections, and,   in addition, require that such nominations be submitted in petition form   subscribed by twenty-five registered voters of the district. Thereafter,   the ballots for the election of  district  officers  shall  specify  the   names  of  the  candidates  duly  filed and, in addition, provide proper   blank spaces for each office to be filled at such election. If any  such   resolution shall be adopted, the requirements thereof shall be specified   in  the  notice  of each district election held thereafter. The board of   commissioners may rescind such resolution at  any  time  and  thereafter   district officers shall be elected as otherwise provided herein.21.  Whenever  a vacancy shall occur or exist in any elective district   office, the town board of the town in which  such  district  is  located   shall  appoint  a qualified person to fill the vacancy and the person so   appointed shall hold office until the thirty-first day of December  next   succeeding  the  first annual district election held at least sixty days   after such vacancy shall occur or exist, provided, however,  that  if  a   vacancy so occurs or exists in any elective district office, the term of   which  would expire on the thirty-first day of December next succeeding,   the person so appointed shall hold office only until  such  thirty-first   day of December; and at the first annual district election held at least   sixty  days  after such vacancy shall occur and exist, a successor shall   be elected for the unexpired portion of the term beginning on the  first   day  of January next succeeding. Whenever a vacancy shall occur or exist   in any other  district  office,  the  board  of  commissioners  of  such   district  may  appoint  a qualified person to fill the vacancy who shall   hold office for the remainder of the unexpired term.22. May regularly employ an attorney or an engineer  for  professional   services  and  advice,  or  may  employ  from  time to time and whenever   necessary an attorney or  engineer  or  counsel  or  expert  engineering   service   in   relation  to  a  specific  subject  matter,  improvement,   proceedings or litigation, provided  however,  that  no  such  attorney,   engineer,  counsel  or  engineering service shall be employed unless and   until the town board of the town in which such district is located shall   adopt a resolution authorizing such employment. With the consent of  the   town  board,  the  town  attorney  or  the  town  engineer  may  perform   professional services for the district  and  receive  such  compensation   therefor  as  may be agreed upon between the commissioners and such town   attorney or town engineer. 23. May purchase uniforms and protective apparel for employees of  the   district.