2023 New York Laws › TWN - Town › Article 3-A - Suburban Town Law › Title 8 - Miscellaneous Provisions › 57-A - Special Improvement District Commissioners; Abolition of Office.

§  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.