2023 New York Laws › TWN - Town › Article 12 - District and Special Improvements › 198 - Powers of Town Boards With Respect to Improvement Districts.

§  198.  Powers  of town boards with respect to improvement districts.
The town board of every town, except as otherwise provided by law, shall
have authority to and may exercise the following powers with respect  to
improvement  districts,  heretofore or hereafter established, subject to
the provisions of this article:
1.  Sewer  districts.  After  a  sewer  district   shall   have   been
established,  the  town board may: (a) lay out, open, design, construct,
alter and maintain  sanitary  sewers,  sewage  disposal  plants  or  any
necessary  work  appurtenant  thereto,  for  the  benefit  of  any sewer
district in said town, provided,  however,  that  any  such  improvement
shall be consistent with, so far as possible, any comprehensive plan for
sewers developed and maintained pursuant to section ninety-nine-f of the
general municipal law;
(b)  contract  with any person or corporation, municipal or otherwise,
for supplying the inhabitants  of  such  district  with  sanitary  sewer
facilities;
(c)  contract  for  the  purchase  from  any  person  or  corporation,
municipal or otherwise, of any trunk sewer, lateral sewer, sewer  system
or  disposal  plant, rights of way and appurtenances, for the purpose of
supplying the inhabitants of  any  such  district  with  sanitary  sewer
facilities,  provided  that  prior  to the purchase of a lateral sewer a
petition for such purpose stating the  maximum  amount  to  be  expended
therefor  shall  be  filed  with the town clerk, signed by the owners of
taxable real property fronting or  abutting  upon  either  side  of  any
street  or  highway,  or  part  of a street or highway, in said district
wherein said lateral is constructed to the extent of at  least  one-half
of  the entire frontage on both sides of said street or highway, or part
aforesaid, as shown upon the latest completed assessment  roll  of  said
town,  and  the procedure thereon and for the financing of such purchase
and the levy of assessments therefor shall be the same  as  provided  in
this  chapter  for  the  construction  of  a  lateral  sewer  in a sewer
district;
(d) regulate the construction of all private sewers and prescribe  the
manner in which sewer connections shall be made, provided, however, that
such  construction  shall  be  consistent  with, so far as possible, any
comprehensive plan for  sewers  developed  and  maintained  pursuant  to
section ninety-nine-f of the general municipal law;
(e)  cause  sewer pipes to be laid, relaid or repaired in or below the
surface of any public highway, road, street or avenue  in  a  county  in
which such town is located or in an adjoining county, as a necessary use
of  the highway and for highway purposes, without obtaining any easement
therefor from the owner of the fee of the land in said  public  highway,
road,  street  or avenue. The town board shall cause such highway, road,
street or avenue to be restored to its usual condition at the expense of
the district benefited. No sewer pipes shall be laid under any  highway,
road,  street  or  avenue  in  another  town or any city or incorporated
village without the consent of the governing board of such town, city or
village, and if such highway be a state or county highway or  a  highway
constructed  pursuant  to section one hundred ninety-four or one hundred
ninety-five or article six of the  highway  law,  in  addition  to  such
consents, the consent of the commissioner of transportation;
(f)  enter into a contract or contracts with another sewer district or
with any incorporated city or village or with one or  more  corporations
or individuals for the joint disposal of sewage, and the expense of such
joint  disposal  of  sewage shall be apportioned between the contracting
parties in proportion to the areas served, volumes of sewage disposed of
or the benefits received by each contracting party;
(g) adopt, from time to time, ordinances, rules  and  regulations  for
the  operation  of  the  sewer  district and the use of the sewer system
therein,  and  enforce  compliance  with  such  ordinances,  rules   and
regulations  as  provided  in  section  one  hundred thirty-five of this
chapter;
(h) establish, from time to time, charges, fees or rates to be paid by
the  owners  of real property within such district for the connection of
house service lines or mains with such  sewer  system.  Such  connection
charge  may  include  any  expense incurred for the purpose of providing
service, whether such expense be incurred for  construction  within  the
property  line  or within the street lines. In addition, such connection
charge may include a fee for the  inspection  of  such  connection,  the
expense  of  performing  service  in  relation  thereto or for any other
special benefit received;
(i) establish, from time to time, charges, fees or rates for  the  use
of  such sewer system, to be designated "sewer rents". Such rents may be
based upon the metered consumption of water on premises  connected  with
the  sewer  system, making proper allowance for commercial use of water,
the number and kind  of  plumbing  fixtures  connected  with  the  sewer
system,  the  number  of persons served by the sewer system, or upon any
other equitable basis, as the town board may determine.  The  provisions
of  this  paragraph  shall  apply only to those sewer districts in which
sewer rents have been established and are being imposed  on  May  first,
nineteen   hundred   fifty-one,  pursuant  to  the  provisions  of  this
paragraph. The provisions of this paragraph shall  not  prevent  a  town
from  acting  pursuant  to  the  provisions  of  paragraph  (l)  of this
subdivision;
(j) establish, from time to time, charges, fees or rates for  services
rendered  or work performed for the particular or special benefit of any
individual  parcel  or  portion  of  real  property  within  such  sewer
district;
(k) provide by ordinance, rule or regulation for the time within which
rates,  charges,  fees  or  sewer  rents  may be paid, and may provide a
penalty not exceeding ten per centum of the amount due when such  rates,
charges,  fees  or sewer rents are in arrears for thirty days or longer,
and may provide for the payment of such charges, fees,  rates  or  sewer
rents in advance. The town clerk shall annually file with the town board
statements  showing  the  unpaid  rates, charges, fees or sewer rents in
such districts. Such statements shall contain a brief description of the
property against which such sewer rents were imposed, the names  of  the
persons  or  corporations  liable  to  pay  for  the same and the amount
chargeable to each. The supervisor shall transmit such statement to  the
board  of  supervisors  which  shall levy such sums against the property
liable and shall state the amount of the tax in a separate column in the
annual tax rolls of such town under the name of  "sewer  charges".  Such
tax  shall be paid to the supervisor of such town. All of the provisions
of the existing  tax  laws  of  the  state  of  New  York  covering  the
enforcement  and  collection  of  unpaid  town  taxes or assessments for
special improvements in the several towns of the state of New  York  not
inconsistent herewith shall apply to the collection of such unpaid sewer
charges.  All  fees,  charges, rates and sewer rents may be used for the
payment of the cost of the management, maintenance, operation and repair
of the sewerage system including treatment and disposal  works,  or  for
the  enlargement  or replacement of the same. The term "sewer rents", as
used in this paragraph, has reference only to  sewer  rents  established
pursuant to paragraph (i) of this subdivision;
(l)  notwithstanding any other provisions of law, establish and impose
sewer rents pursuant to the  provision  of  article  fourteen-f  of  the

general  municipal  law  as  a source of revenue, other than assessments
upon benefited real property, for financing district expenditures.  Such
sewer  rents  may  be  expended as provided in article fourteen-f of the
general municipal law and, to the extent that such sewer rents provide a
source of revenue for such expenditures, assessments shall not be levied
upon  property  especially  benefited by the sewer system or the part or
parts thereof for which such rents are  established  and  imposed.  This
paragraph  does  not  affect  any  provisions  of  law  relating  to the
authorization or construction of any improvement in a sewer district.
1-a. Sewage disposal districts. The town board shall have and exercise
all of the powers with respect to a sewage disposal district  which  are
provided in subdivision one in the case of sewer districts, in so far as
the  same  are  consonant  with  the  purposes  of  the  sewage disposal
district, as  described  in  section  one  hundred  ninety-b,  provided,
however,  that  the charges for trunk sewer, sewage treatment and sewage
disposal service shall be sufficient to pay all estimated  annual  costs
of  operation  and  maintenance and all annual installments of principal
of, and interest on, obligations issued on behalf of the sewage disposal
district. In the event that such revenues in any year are  insufficient,
the  excess  of  cost  over  revenues  may  be assessed against the real
property of the district as hereinafter provided.
1-b. Wastewater disposal districts. (a) The town board shall have  and
exercise  all  of  the  powers  with  respect  to  a wastewater disposal
district which are provided in subdivision one  in  the  case  of  sewer
districts,  in so far as the same are consonant with the purposes of the
wastewater disposal  district,  as  described  in  section  one  hundred
ninety-e  of  this  article, provided, however, that the charges for all
wastewater disposal district services shall be  sufficient  to  pay  all
estimated  annual  costs  of  operation  and  maintenance and all annual
installments of principal of, and interest  on,  obligations  issued  on
behalf  of  the  wastewater  disposal  district.  In the event that such
revenues in any year are insufficient, the excess of costs over revenues
may be assessed against the real property of the district as hereinafter
provided.
(b) The town board shall also have power to institute an industrial or
commercial cost recovery system for payment to the United States by  the
commercial  users  of  the private on-site wastewater disposal system of
that portion of the  cost  of  construction  of  such  system  which  is
applicable   to  the  treatment  of  commercial  wastes  to  the  extent
attributable to the federal share of the cost of construction.
(c) The town board shall also have the power to submit, on  behalf  of
individual  property  owners  who  have  requested  such  assistance  in
writing, an application for  federal  assistance  and  state  assistance
towards  the eligible cost of construction of private on-site wastewater
disposal systems.
(d) Upon approval of an application for federal assistance towards the
eligible cost of construction of  private  on-site  wastewater  disposal
systems  the  town  board  may  enter  into  a contract with the federal
government for payment of such assistance.
2. Drainage districts. After  a  drainage  district  shall  have  been
established,  the  town  board  may  lay  out,  open, design, construct,
maintain and alter drains,  storm  water  sewers,  pumping  stations  or
necessary  works  appurtenant  thereto, and improve any water course for
the benefit of any drainage district in such  town;  contract  with  any
person  or  corporation,  municipal  or  otherwise,  for  supplying  the
inhabitants of such drainage district with  storm  sewerage  facilities;
contract  for  the purchase from any person or corporation, municipal or
otherwise, of any trunk sewer, sewer system, pumping station, rights  of

way  and  appurtenances,  for  any  such  purpose  or  purposes; and may
regulate the construction of all private drains  and  storm  sewers  and
prescribe the manner in which storm sewer connections shall be made. The
town  board  may  lay  and  construct  storm  water sewers and necessary
incidental appurtenances thereto in and below the surface of any  public
highway,  road, street or avenue of such town within a drainage district
as a necessary use of the highway and for  highway  purposes  under  the
supervision of the town superintendent of highways without obtaining any
easement  therefor  from the owner of the fee of the land in such public
highway, road, street or avenue in the drainage district.
3. Water districts. (a) Construction of system. After a water district
shall have been established, the town  board  may  construct,  maintain,
extend,  repair  and  regulate water works, wells, reservoirs, or basins
for the purpose of supplying the inhabitants of any  water  district  in
such  town,  with  pure  and wholesome water for domestic and commercial
uses, and for protection against fire; provided, however, that any  such
improvement   shall   be  consistent  with,  so  far  as  possible,  any
comprehensive  plan  for  public  water  supply  systems  developed  and
maintained  pursuant  to  section ninety-nine-f of the general municipal
law. The town board may cause water pipes  and  necessary  appurtenances
thereto  to  be  laid, relaid or repaired in or under the surface of any
highway in a county in which such town is located  or  in  an  adjoining
county,  for  the  purpose  of transporting water to a water district in
said town, and shall cause such highway to  be  restored  to  its  usual
condition  at  the expense of the district benefited, or may cause water
pipes and necessary appurtenances thereto to  be  constructed  along  an
easement  acquired  for  such  purpose,  pursuant to law. No water pipes
shall be laid under any highway, road, street, or avenue in any city  or
incorporated  village without the consent of the governing board of such
city or village, and if such highway be a state or county highway, or  a
highway  constructed  pursuant to section one hundred ninety-four or one
hundred ninety-five or article six of the highway law,  in  addition  to
such  consents, the consent of the state superintendent of public works.
The town board may also acquire by purchase any existing  water  system,
or  a  portion  or portions thereof, in the county in which such town is
located, and/or in an adjoining county, for the purpose of supplying the
inhabitants  of  a  water  district  in  such  town,  but  the  cost  of
acquisition  thereof  shall  not exceed the maximum amount stated in the
petition or in the final  order,  if  the  town  board  proceeded  under
article  twelve-A  of  this  chapter.  For  the purpose of promoting the
health, safety, morals or general welfare of  the  community,  including
the  protection  and preservation of the property of the town and of its
inhabitants and for the maintenance of peace and good order and for  the
benefit  of  trade, or for any of such purposes, the town board may lay,
construct and maintain mains and conduits, subject to the supervision of
the town superintendent of highways, in, on, along or under the  surface
of  any  highway, road, street or avenue within the water district, as a
necessary use thereof for highway purposes  and  without  obtaining  any
easement  therefor  from  the  owner  of  the  fee  of  the land in such
highways, roads, streets or avenues, and the town board  may  erect  and
place  hydrants,  valves, valve boxes, pipes and necessary appurtenances
thereto, in, on, along or under the surface  of  such  highways,  roads,
streets  and  avenues,  or  any  of  them,  or in or along any easements
acquired for such purpose as provided  in  this  subdivision.  The  town
board  may  also  exercise  similar  powers  in,  on, along or under the
surface of any private highways, roads, streets or  avenues  within  the
water  district, as a necessary use thereof for the purpose of promoting
the public welfare, provided that there be dwelling houses  erected  and

used  for  residential  purposes  on  the lands abutting on such private
highway, road, street or avenue. The owners of the land in such  private
highways,  roads,  streets  or  avenues  may  be compensated for the use
thereof in damages which shall be assessed and determined as provided in
article eight of the highway law upon the opening of a new highway where
easements have not been granted. If the town board shall cause or permit
any excavation to be made in any highway, road, street or avenue for the
performance of work pursuant to the provisions of this article, the town
board shall cause such highway, road, street or avenue to be restored to
its  usual  condition  at  the expense of the district benefited. Supply
pipes connecting with district mains shall be installed and repaired  at
the  property  owner's expense under the direction of an employee of the
town or the district after a permit therefor has  been  granted,  except
that  the  town board may, by resolution, provide that that portion of a
supply pipe within the bounds of a public highway  shall  be  installed,
maintained   and   repaired   by   the  water  district.  The  costs  of
installation, maintenance and repair shall be  district  charges  to  be
assessed,  levied  and collected as provided in sections two hundred two
and two hundred two-a of this chapter. The town board  may  also  fix  a
uniform  service charge for the installation of such portion of a supply
pipe, regardless of the location of the water main and regardless of the
soil, rock or other physical conditions within the highway, and  provide
for  the time and manner of payment of such charge by the property owner
served by the supply pipe. If a property owner shall  fail  to  pay  the
uniform  service  charge,  a  statement showing the name of the property
owner and the amount unpaid and containing a brief  description  of  the
real  property  shall  be transmitted to the board of supervisors of the
county and such amount shall be levied and collected  as  an  assessment
against  the  real property, all in the manner provided in paragraph (d)
of this subdivision in the case of  unpaid  water  rents.  Such  service
charges,  when  collected,  may  be used for any water district purpose,
except as otherwise provided by law. Any member of the town board or the
board of district commissioners, if there be one, or a  duly  authorized
agent of either, may at any time enter a building or upon premises where
water  is used from supply pipes connected to a district system, for the
purpose of examining such pipes and the manner of installation thereof.
(b) Purchase and sale of water. The town board may contract  with  any
person  or corporation, municipal or otherwise, or with a town or county
on behalf of a water district, for a supply of water, for a term not  to
exceed  forty  years,  and  shall have the power and authority to resell
said water to the inhabitants and consumers in said water  district  and
may  use  such portion thereof within the district as it may see fit and
proper for public purposes and provide for the payment as a town  charge
of  that  portion  of  the cost of said water used by the town. The town
board may also sell water for the benefit  of  such  water  district  to
municipalities,   water  districts,  water  supply  districts  and  fire
districts, and for fire purposes  to  fire  protection  districts,  fire
alarm  districts  and  for  "unprotected  areas" pursuant to section one
hundred eighty-four-a of this chapter, but  the  town  board  shall  not
supply  water  of  such  water  district  to  that  portion  of any fire
district, fire protection district, fire  alarm  district  or  any  such
"unprotected  area"  which  shall  be  included within the boundaries of
another water district. The town board, in its  discretion,  may  permit
the  use  of  water  from hydrants of a water district for fire purposes
without charge in all or any part of the area of a fire  district,  fire
protection  district,  fire alarm district, or "unprotected area", which
is wholly or partly included within the area of such water district. The
town board may permit any  person  or  corporation  owning  real  estate

outside  of the water district to use water from a district system for a
rental, subject to the restrictions to  be  prescribed  by  said  board,
provided,  however,  that  no such use shall be permitted outside of the
town  in  which  such district is located if such territory is served by
another water district, a water supply company, city, village  or  joint
water  works  system  unless the approval of the water power and control
commission is first obtained. The town board shall not sell  nor  permit
the  use of water under this section outside of the district if such use
will reduce the supply of water so that it will not  be  sufficient  for
the district affected or its inhabitants.
(c)  Ordinances,  rules and regulations. The town board shall have the
power to adopt, from time to time, ordinances, rules and regulations for
the operation of the water district and the use of water therein, and in
addition to the remedies provided in section one hundred thirty-five for
the enforcement thereof or for the punishment  of  violators,  the  town
board may enforce compliance with such ordinances, rules and regulations
by cutting off the supply of water.
(d)  Water  rates.  The town board shall establish, from time to time,
the water rates to be paid by consumers and may provide for the  payment
of  said water charges in advance. The board may provide that a discount
shall be allowed for the prompt payment of water rates within  the  time
required  by the board for the payment thereof. Such water charges shall
be a lien upon the real property upon which or in connection with  which
the  water  was  used.  The  town  board  may  provide  by  ordinance or
resolution that unpaid water charges  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.
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 town clerk 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. Such statements shall
contain a brief description of the property upon  which  the  water  was
used,  the  names  of  the persons or corporations liable to pay for the
same and the amount chargeable to each. The supervisor of  the  town  in
which  the  districts are located and the supervisors of adjoining towns
in which permits have been issued shall transmit such statements to  the
board  of  supervisors  of  the  county at its next regular meeting. The
board of supervisors shall levy such sums against  the  property  liable
and shall state the amount of the tax in a separate column in the annual
tax rolls of the various towns under the name of "Water Rents." Such tax
shall   be  paid  to  the  supervisors  of  the  respective  towns.  The
supervisors of adjoining towns shall pay the same out of the first money
collected which is available for town purposes to the supervisor of  the
town  in which the water districts are located. All of the provisions of
the existing tax laws of the state of New York covering the  enforcement
and   collection  of  unpaid  town  taxes  or  assessments  for  special
improvements in  the  several  towns  of  the  state  of  New  York  not
inconsistent herewith shall apply to the collection of such unpaid water
rents.  Such  water  rates  when  collected, shall be applied toward the
maintenance, operation, enlargement and improvement of the water  system
and  for  the  payment of the principal and interest of bonds issued for
the purposes of such district.
3-a. (a) Water quality treatment  districts.  After  a  water  quality
treatment  district  has  been established, the town board may take such
action  as  may  be  necessary  or  desirable   to   adopt   plans   and
specifications  and enter into a contract or contracts, request, receive
and  administer  grants  and other sums of money necessary or proper for
the purposes of the district, or  take  such  other  action  as  may  be
necessary  or  desirable  for water quality treatment, including but not
limited to the procurement, by purchase, lease  or  other  means,  of  a
water  quality  treatment  unit  or  device,  installation,  monitoring,
testing, modifying, operation and maintenance,  and  the  imposition  of
charges  for  the expense thereof when such expense is not paid for by a
private source, grant or by any other means.
(b) An agreement between the town board and an owner  of  a  benefited
parcel  of  property  shall  be  entered  into  before  the procurement,
installation and maintenance  of  a  water  quality  treatment  unit  or
device. An agreement between such parties shall also be required for the
modification  and/or  maintenance  of  a water quality treatment unit or
device which is in place at the time when the property becomes a part of
the district, however, the modification and/or unit or device must first
be approved by the state department of health. Such  agreements  may  be
amended  from  time  to time by mutual consent of the town board and the
owner of a benefited parcel of property. The agreement shall  set  forth
the  amount  to  be  paid  by  the  owner attributable to the expense of
procurement, installation, and modification, as the case may be, of  the
water  quality  treatment  unit or device, and shall contain a statement
that the ownership of the treatment units or devices  purchased  by  the
district  shall remain the property of the district and that charges for
monitoring, testing,  operation  and  maintenance  shall  be  determined
annually  as  provided in section two hundred two-a of this chapter. All
of the expenses for the procurement and installation or modification may
be paid at the time an agreement is entered into. The town board may, by
resolution,  authorize  payment  of   the   expenses   of   procurement,
installation  or  modification  of  the  water quality treatment unit or
device over a period of time in annual  installments.  Such  resolutions
shall set forth whether the annual installments shall be due and payable
at  the  same  time as town and county taxes are due or at another time.
The option of paying such expenses in annual installments,  if  provided
by  town  board resolution, shall be available to each property owner in
the district. If such annual installments shall be due at the same  time
as  town  and  county taxes, the supervisor shall transmit the amount of
the annual installments to  the  tax  levying  body  for  the  levy  and
collection  and  enforcement  of  the same in the manner and at the same
time as town and county taxes are levied, collected and enforced.
(c) Where the annual installments are to be paid at  any  other  time,
the  resolution  shall  set  forth  the  time  and manner of payment and
collection. Such resolution may be amended from time  to  time.  If  any
portion   or  an  installment  for  the  procurement,  installation  and
modification of such unit or device is not paid within  thirty  days  of
when  it  is  due, the town board shall notify the owner of the property
that unless such amount is paid within ten days from  the  date  of  the
notice,  such  unit  or  device  may  be  removed  at the expense of the
property owner. If the owner fails to pay such amount by such date,  the
town  board  may  cause  such  unit  or device to be removed. After such
removal, the town board shall send the owner a statement of  the  amount
due, together with the amount of expense attributable to removal of such
unit  or  device, and the total amount thereof shall be a lien upon such
real property and collection thereof shall be enforced at the same  time
and  in  the  manner  as  the  collection  of  town and county taxes are

enforced with interest as provided herein. If the unit or device is  not
so  removed,  the collection of the amount set forth in the first notice
of delinquency shall be enforced at the same time and in the  manner  as
the  collection  of town and county taxes are enforced. The total amount
set forth in such first notice, together with interest thereon shall  be
a  lien  upon  such  real  property  until it is paid. Interest shall be
charged at the rate of  one  percent  per  month  or  fraction  thereof,
subsequent  to  the expiration of the ten days notice, until paid or the
date of tax sale, whichever is sooner. On or before  the  first  day  of
July  in each year, the supervisor shall prepare and transmit to the tax
enforcement officer or body, a list of  those  properties  and  property
owners  who  are  in  arrears  and  the  amount  chargeable to each with
interest thereon, as provided herein.  All  of  the  provisions  of  the
existing  tax laws of the state of New York covering the enforcement and
collection of unpaid town taxes or assessments for special  improvements
in  the several towns of the state of New York not inconsistent herewith
shall apply to the collection of such unpaid charges. Such amounts, when
collected, shall be credited to the applicable water  quality  treatment
district fund and shall be used only for such district purposes.
(d) The agreement shall also contain a grant by the owner to the water
quality  treatment  district,  its agents, employees and representatives
authorized to act on its behalf, a right of  entry  and  access  to  the
property,  while  such property is within such district, for the purpose
of installation, modification, replacement, repair, monitoring, testing,
operation and maintenance, regeneration and removal of the water quality
treatment unit or device. Thereafter employees,  agents  and  authorized
representatives  of  the district shall have a right of entry and access
to such property for the  purposes  specified  herein,  upon  reasonable
notice  at  reasonable  times.  If a lessee or occupant of said property
refuses to allow such entry and access, the town board may  apply  to  a
court  of  competent  jurisdiction  to  enforce  its  right of entry and
access. If entry and access was refused by the owner  of  the  property,
the  town board may in its discretion remove the water quality treatment
unit or device at the expense of the owner, unless such unit  or  device
was  acquired  and  owned by the property owner and exclude the property
from the district. Such expense together with any other charges  accrued
prior  to  such  removal  shall  be  collected in the manner provided in
paragraph (c) of subdivision three-a of section one hundred ninety-eight
of this chapter.
4. Park districts. After a park district shall have been  established,
the  town  board shall proceed to acquire by purchase or condemnation of
the property described in the petition or in the  final  order,  if  the
town  board  proceeded  under  article twelve-A of this chapter, for the
establishment of such park district, and, thereafter the board may erect
or cause to be erected thereon non-commercial buildings  and  structures
and  it  may  purchase  necessary  equipment  and otherwise improve such
property for park purposes, as the board may determine. In existing park
districts, the town board  may  acquire  by  purchase,  condemnation  or
lease,  property  for  public  parking  places  and maintain the same in
accordance with the provisions of subdivision five hereof,  without  the
establishment  of a public parking district. No property situated within
an incorporated village or city shall be acquired in any manner for park
purposes, unless the permission and consent of the board of trustees  of
such  village or the common council or legislative body of such city, is
first obtained; provided that such permission and consent,  if  obtained
subsequent  to  the acquisition of any such property, shall be effective
for all purposes and to the same extent as though obtained prior to such
acquisition. The town board may sell, convey and transfer  any  property

acquired for park purposes at such an amount as it may determine but not
less  than  the  original  cost  thereof, and apply the proceeds of such
sale, conveyance or transfer to the purchase of other property for  park
purposes  and  improve  such property in the manner provided herein. The
town board of the town of Oyster Bay may also convey and transfer to the
state of New York or to any municipal or district corporation as defined
by section three of the general corporation law, any  property  acquired
for  park  purposes,  or any part thereof, when no longer needed, either
without consideration or for such consideration and upon such terms  and
conditions   as   the  town  board  may  determine  and  the  resolution
authorizing such conveyance or transfer shall be subject to a permissive
referendum. The town board of the town of Hempstead  may  lease  to  the
board  of  cooperative educational services, as defined by article forty
of the education law, any property acquired for park  purposes,  or  any
part thereof, when no longer needed, either without consideration or for
such  consideration and upon such terms and conditions as the town board
may determine. The town board may employ such persons  and  expend  such
amount  of  money as may be necessary for the proper maintenance of such
park for the use, convenience and enjoyment of the inhabitants  of  such
park district, and, may in its discretion, grant licenses and privileges
for  any  use  of such park and park property which contributes thereto.
The town board may fix a reasonable charge for the use of such  park  by
all  persons other than inhabitants and taxpayers of such park district,
and, in addition, the board may adopt general rules and regulations  for
the government and protection of the park and all property therein, and,
for  the  enforcement  thereof, provide that the violator of any rule or
regulation relating to the park or property therein shall be guilty of a
misdemeanor and shall, on conviction, in the county of Nassau  before  a
judge  of  the  district  court,  and  elsewhere before a justice of the
peace, be punished by a fine not exceeding fifty dollars, or, in default
of payment of such fine, by imprisonment not exceeding thirty days.
5. Public parking districts. After a  public  parking  district  shall
have  been  established,  the  town  board  shall  proceed to acquire by
purchase, condemnation or lease the property described in  the  petition
or  in  the  final  order,  if  the  town  board proceeded under article
twelve-A of this chapter for the establishment of  such  public  parking
district, and, thereafter the board may purchase necessary equipment and
otherwise  improve  such property for parking vehicles, as the board may
determine.  The town board may sell,  convey,  lease  and  transfer  any
property  acquired  for  public parking purposes at such an amount as it
may determine but not less than the original cost thereof, and apply the
proceeds of such sale, conveyance, lease or transfer to the purchase  of
other  property  for  public  parking  and  improve such property in the
manner provided herein. The town  board  may  employ  such  persons  and
expend  such  amounts  of  money  as  may  be  necessary  for the proper
maintenance of such public  parking  places.  The  town  board  may  fix
reasonable  charges  for  the use of such public parking places, and for
the purpose of collecting such charges may acquire, install and maintain
parking meters. The board may adopt general rules  and  regulations  for
the  government  of such public parking places, and, for the enforcement
thereof, provide that the violator of any rule or regulation relating to
the public parking place shall be guilty of a misdemeanor. Where parking
meters are placed upon highways located outside of villages  but  within
the  public  parking district at the expense of the town, the town board
may transfer such parking meters to the parking district upon payment to
the town of the present market value of such meters, in which event  the
fees  from  such parking meters shall belong to the parking district and
the cost of operation and maintenance thereafter be borne by such public

parking district. The  rules  and  regulations  for  the  government  of
parking  meters  owned by a public parking district which are located on
highways within the  district  may  be  adopted  only  pursuant  to  the
provisions of the vehicle and traffic law.
6.  Lighting  districts.  After  a  lighting  district shall have been
established, the town board may contract for a term  not  exceeding  ten
years  for the illumination of the streets or highways in said district,
or such portion thereof as  such  board  may  determine.  Whenever  said
district  shall  have  been  established  and  the town board shall have
determined to light only a portion of the streets and highways  in  said
district  and shall have awarded a contract accordingly, the lighting of
additional streets and highways in said district may be  contracted  for
as said town board, in its discretion, may, from time to time, determine
advisable.  If the town board shall deem it advisable or if the petition
shall require the town board so to do,  said  town  board  may  purchase
lighting  standards at the expense of said district and may enter into a
contract for the installation and maintenance thereof and for  supplying
electricity or gas therefor.
Whenever  a  petition  requesting  the installation of street lighting
equipment along a street or highway or portion thereof in  any  lighting
district,  signed by the owners of real estate fronting or abutting upon
either side of said street, highway or portion thereof to the extent  of
at  least  one-half  of  the  entire  frontage  or  bounds on both sides
thereof, 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, is filed with  the  town
clerk, the town board shall adopt an order reciting in general terms the
filing  of  such  petition  and its contents and specifying the time and
place, when and where said board will meet to consider said petition and
to hear all persons interested in the subject matter thereof. A copy  of
such  order,  certified  by  the town clerk, shall be published at least
once in the official paper, the first publication thereof to be not less
than ten nor more than twenty days before the date set therein  for  the
hearing,  and  shall  also  be  posted  on  the  sign-board  of the town
maintained pursuant  to  subdivision  six  of  section  thirty  of  this
chapter.  After  such  hearing and upon evidence given therein, the town
board shall determine by resolution (a) whether the petition is  signed,
and  acknowledged  or proved, or authenticated as required by law and is
otherwise sufficient, and (b) whether it is in the  public  interest  to
grant,  in  whole or in part, the relief sought. If the town board shall
determine that the petition is not signed, or acknowledged or proved, or
authenticated as required by law, or that it is otherwise  insufficient,
or if it be determined that it is not in the public interest to grant in
whole  or  in  part  the  relief  sought,  the town board shall deny the
petition. If the town board  shall  determine  in  the  affirmative  the
sufficiency  of  the  petition  and that it is in the public interest to
grant in whole or in part the relief sought, the town board may adopt  a
resolution  approving  the  petition and authorizing the installation of
street lighting  equipment  along  the  streets,  highways  or  portions
thereof  described  in  the petition, and in such case the town board is
authorized to  purchase  and  to  have  installed  the  street  lighting
standards  and  wiring.  The  cost  of  such improvement upon completion
thereof, or at any time prior thereto, may be financed by  the  issuance
of  obligations of the town, pursuant to the local finance law. The town
board shall annually apportion and assess  upon  the  several  lots  and
parcels  of  land  within  the  district  in proportion to the amount of
benefit which the improvement shall confer upon the  same,  and  in  the
manner  provided  in  section  two hundred two-a of the town law for the

assessment of the cost of maintenance in a  sewer  district,  an  amount
sufficient  to  pay the principal of and interest on said obligations as
the same shall become due and payable. The cost of maintenance  of  such
improvement shall be a charge upon the district.
7.  Snow  removal  districts. After a snow removal district shall have
been established, the town board may contract for a term  not  exceeding
ten  years  for  the  removal  of  snow  from  all the sidewalks in said
district or such portion thereof as the board  may  determine.  Whenever
the  town  board  shall  have awarded a contract for the removal of snow
from a portion of the sidewalks in any such district, the town board may
contract for the removal of  snow  from  additional  sidewalks  in  said
district  from time to time as the said town board in its discretion may
determine  advisable.    Whenever  the  town  board  may  determine   it
advantageous  so to do, it may employ a sufficient number of persons and
provide the necessary equipment to remove snow from sidewalks within the
district, at the expense of said snow removal district.
8. Water supply districts. After a water supply  district  shall  have
been  established,  the town board may contract for a term not exceeding
forty years for the delivery by a water district, municipal corporation,
water authority, or by  a  corporation  subject  to  the  provisions  of
article  four  of  the  transportation  corporations law, of a supply of
water for fire, sanitary or other public purposes, to such district, and
for the furnishing, erection, maintenance, care and replacement of  fire
hydrants in connection therewith.
8-a.  Water  storage  and distribution districts. The town board shall
have and exercise all of the powers with respect to a water storage  and
distribution  district  which  are  provided in subdivision three in the
case of water districts, in so far as the same are  consonant  with  the
purposes of the water storage and distribution district, as described in
section  one  hundred  ninety-a, provided, however, that the charges for
water sold shall be sufficient to pay  all  estimated  annual  costs  of
operation  and  maintenance and all annual installments of principal of,
and interest on, obligations issued on behalf of the water  storage  and
distribution  district.  In the event that such revenues in any year are
insufficient, the excess of cost over revenues may be  assessed  against
the real property of the district as hereinafter provided.
9.  Refuse  and garbage districts. After a refuse and garbage district
shall have been established in such town, the town board may,
(a)  Provide  for  the  collection   and/or   resource   recovery   or
disposition,  or  any combination thereof of garbage, ashes, rubbish and
other waste matter in such district, and for any of  such  purposes  may
construct,  operate  and  maintain refuse resource recovery, disposal or
incinerator  plants,  and  establish,  operate  and  maintain   sanitary
landfills,  acquire  the necessary lands therefor, and purchase, operate
and maintain all necessary  appliances  appurtenant  thereto,  including
such  vehicles  as  may  be  required  for  the  collection and resource
recovery or disposition thereof; or the town board may contract for  the
collection  and  resource  recovery  or  disposal of animal or vegetable
refuse, ashes, garbage or any waste matter, and  for  that  purpose  may
award one or more contracts for a period not exceeding ten years for the
collection  and  twenty  years  for  the  resource  recovery or disposal
thereof for all refuse and garbage districts in such  town  or  separate
contracts for each district or part thereof. Whenever the town board may
determine it advantageous so to do, it may employ a sufficient number of
persons  and  provide  the  necessary equipment to collect such garbage,
refuse and waste matter, at the  expense  of  said  refuse  and  garbage
district.
(b)  Upon a petition as provided for in section one hundred ninety-one
of this article, provide for the prevention or reduction of waste matter
consisting  of  carbon  components  of  energy  waste  from  residential
properties  and  the  performance  of energy audits and the purchase and
installation  of  energy  efficiency  improvements  on  such residential
properties. The term "energy efficiency improvement", as  used  in  this
subdivision,  shall  mean  a  material  improvement  made to an existing
residential property that reduces energy consumption, including but  not
limited  to caulking, weatherstripping, air sealing, insulation, heating
and cooling systems upgrades, solar  thermal  systems  and  conservation
measures,  in  a  cost-effective  manner  as  determined  by  the  town,
provided, however, that "energy efficiency improvement" does not include
a household appliance, such as a washing machine or  refrigerator,  that
is  not  permanently fixed to real property. The term "energy audit", as
used in this subdivision, shall mean a formal evaluation by a  qualified
contractor,  who  shall  be  approved  by  the town board, of the energy
consumption of a residential property for  the  purpose  of  identifying
methods to improve energy efficiency and reduce energy waste.
(c)  Establish from time to time, charges, fees or rates to be paid by
users for refuse and garbage collection service and may provide for  the
payment  of  said charges in advance. Such charges, fees or rates may be
based upon the volume of refuse, garbage, ashes, rubbish and other waste
matter collected, making a proper allowance for commercial or industrial
establishments, the number of calls per month, the number of persons  or
families  served  in  the district, or upon any other equitable basis as
the town board may determine. The town board  may  also  establish  from
time  to  time  charges,  fees or rates to be paid by those who have had
energy audits performed and energy efficiency improvements installed  or
implemented on residential properties. Such charges shall be a lien upon
the real property for which or in connection with which the services are
rendered.
(d) Provide by ordinance, rule or regulation for the time within which
rates,  charges or fees for the refuse and garbage collection service or
for energy audits and energy efficiency improvements shall be paid,  and
may  provide  a  penalty not exceeding ten per centum of the amount due,
when such rates, charges or fees are in  arrears  for  thirty  days,  or
longer.  The  town  clerk  shall  annually  file  with  the  town  board
statements showing unpaid rates, charges or fees in such districts. Such
statements shall contain a brief description of the property  for  which
or  in  connection  with which the refuse and garbage collection service
was provided, or on which the energy audits were  performed  and  energy
efficiency  improvements  were  installed,  the  names of the persons or
corporations liable to pay the same and the amount chargeable  to  each.
The   supervisor   shall  transmit  such  statements  to  the  board  of
supervisors which shall levy such sums against the property  liable  and
shall state the amount of the tax in a separate column in the annual tax
rolls  of such town under the name of "refuse and garbage charges." Such
tax shall be paid to the supervisor of such town. All the provisions  of
the  existing tax laws of the state of New York covering the enforcement
and  collection  of  unpaid  town  taxes  or  assessments  for   special
improvements  in  the  several  towns  of  the  state  of  New York, not
inconsistent herewith,  or  for  energy  audits  and  energy  efficiency
improvements  shall  apply  to the collection of such unpaid charges for
the collection of refuse and garbage. All such rates, charges  and  fees
shall be used for the payment of the cost of the management, maintenance
and  operation  of  the  refuse  and  garbage collection service, or the
enlargement or extension of the facilities thereof or the improvement of
services therein, or for the cost of  the  management,  maintenance  and

operation  of  performing  energy  audits  and purchasing and installing
energy efficiency improvements.
(e)  Adopt from time to time ordinances, rules and regulations for the
collection of garbage, ashes, rubbish and  other  waste  matter  in  the
refuse  and  garbage  districts in the town and the use of the equipment
therein, and in addition to the remedies provided in section one hundred
thirty-five of this chapter for  the  enforcement  thereof  or  for  the
punishment of violators, the town board may enforce compliance with such
rules,  ordinances  and  regulations  by  discontinuing  the  refuse and
garbage collection service.
10. Public dock districts. After a public  dock  district  shall  have
been  established, the town board may contract for the construction of a
public dock, either under an entire contract or in parts or sections  as
the board may determine, and may acquire such real property as the board
may  deem  necessary for the construction and maintenance of such public
dock and its approaches but the cost thereof shall not exceed the amount
stated in the petition  or  in  the  final  order,  if  the  town  board
proceeded  under  article twelve-A of this chapter. The board shall also
have authority to provide for the maintenance thereof and  to  establish
rules for its use.
10-a.  Beach  erosion control districts. After a beach erosion control
district shall have been established,  the  town  board  may  take  such
action as may be required to arrest erosion in such district and prevent
or  alleviate  damage  resulting  therefrom  and  to  contract for or to
construct such jetties, groins,  fills,  bulkheads  or  other  works  or
improvements as may be necessary to carry out its purpose.
10-b.  Sidewalk  districts.  After a sidewalk district shall have been
established,  the  town  board  may  construct  or  contract   for   the
construction  of sidewalks within the district as it may determine to be
necessary or desirable. The board shall also have authority  to  provide
for the maintenance thereof.
10-c.  After  a  fallout shelter district shall have been established,
the town board may acquire, construct, install and  maintain  a  fallout
shelter  or  shelters  within  the  district  as  it may determine to be
necessary or desirable for the protection,  safety  and  health  of  the
persons  residing  within such district, and acquire, store and maintain
appropriate materials and supplies therein, subject  to  the  applicable
provisions of the New York state defense emergency act.
10-d.   Harbor  improvement  districts.  After  a  harbor  improvement
district has been established, the town board may take  such  action  as
may  be  required  to  adopt  plans  and specifications and enter into a
contract or contracts for harbor improvements within the district as  it
may  determine  to  be necessary or desirable. The board shall also have
authority to provide for the maintenance thereof.
10-e. Aquatic growth control district. After an aquatic growth control
district has been established, the town board may take  such  action  as
may  be  required  to  adopt  plans  and specifications and enter into a
contract or contracts, or take such other action as may be required, for
the control of aquatic growth within the district as it may deem  to  be
necessary  or  desirable. For purposes of this chapter, "aquatic growth"
means aquatic invertebrate species and  aquatic  plants,  identified  as
invasive   pursuant   to   title   seventeen  of  article  nine  of  the
environmental conservation law.
10-f. Ambulance  districts.  After  an  ambulance  district  has  been
established,  including  ambulance  districts  established  prior to the
effective date of this subdivision pursuant to this article and  article
twelve-A  of  this chapter or any other provision of law, the town board
may:
(a) provide an emergency medical service, a general ambulance service,
or  a  combination  of  such  services  for  the  purpose  of  providing
prehospital  emergency medical treatment or transporting sick or injured
persons found within the boundaries  of  the  district  to  a  hospital,
clinic,  sanitorium,  or  other  place  for treatment of such illness or
injury, and to that end may:
(i) Acquire by gift or purchase one or more  motor  vehicles  suitable
for  such  purpose and supply and equip the same with such materials and
facilities as  it  may  consider  necessary  for  prehospital  emergency
treatment,  and  may operate, maintain, repair and replace such vehicles
and such supplies and equipment;
(ii) Contract with one or more  individuals,  municipal  corporations,
associations,  or  other  organizations  having  sufficient  trained and
experienced personnel except an emergency rescue and first aid squad  of
a  fire department or fire company which is subject to the provisions of
section two hundred nine-b of the general municipal law  for  operation,
maintenance  and  repair  of such emergency medical service or ambulance
vehicles and for the furnishing of prehospital emergency treatment;
(iii) Contract with one or more individuals,  municipal  corporations,
associations,  or  other  organizations  except  an emergency rescue and
first aid squad of a fire department or fire company which is subject to
the provisions of section two hundred nine-b of  the  general  municipal
law  to  supply,  staff and equip emergency medical service or ambulance
vehicles suitable for such purposes and operate such  vehicles  for  the
furnishing of prehospital emergency treatment;
(iv) Employ any combination of the methods authorized in subparagraphs
(i), (ii) and (iii) of this paragraph;
(b)  formulate  rules  and  regulations  relating  to  the use of such
apparatus and equipment in the provision of emergency  medical  services
or  ambulance  service,  fix a schedule of fees or charges to be paid by
persons  requesting  the  use  of  such  facilities,  provide  for   the
collection  of such fees and charges, or formulate rules and regulations
for the collection thereof by the individuals,  municipal  corporations,
associations,  or  other organizations furnishing service under contract
as provided in subparagraph (ii) of paragraph (a) of this subdivision;
(c) purchase or provide insurance indemnifying against  liability  for
the  negligent  operation of such emergency medical service or ambulance
service and the negligent use of other equipment or supplies  incidental
to  the  furnishing  of  such  emergency  medical  service  or ambulance
service;
(d) provide for the administration and coordination of such  emergency
medical  service  or  ambulance  service  including  but  not limited to
operation of an emergency  medical  communications  system  and  medical
control; and
(e)   establish   by   local   law   a  district  board  of  ambulance
commissioners,  and  delegate  ministerial  functions  related  to   the
operation  of  the ambulance district to the commissioners. The district
board of ambulance commissioners shall act in an  advisory  capacity  to
the  town  board with regard to other functions related to the operation
of the district.
The town board may appoint members to the district board of  ambulance
commissioners  or may provide that the commissioners be elected pursuant
to the procedures in article thirteen of this chapter for  the  election
of  improvement  district commissioners. If appointed by the town board,
the town board shall appoint the members to terms so fixed that at least
one will expire at the end of each calendar year. No term  shall  exceed
three years.
10-g.  Watershed  protection  improvement  district. After a watershed
protection improvement district has been established, the town board may
take such action as may be required to adopt  plans  and  specifications
and  enter  into  a contract or contracts, or take such other actions as
may  be  required,  for  the  protection and restoration of groundwater,
surface waters, and  drinking  water  quality  as  it  may  deem  to  be
necessary   or  desirable,  including  but  not  limited  to  stormwater
treatment projects and wetland construction.
11. Contracts. All contracts authorized  by  the  provisions  of  this
article shall be executed by the signatures of a majority of the members
of  the  town board. Every contract on behalf of an improvement district
shall specify the particular district on behalf of which the town  board
shall  be  acting.  No  contract shall be awarded for the performance or
supplying of services in a district  if  the  total  annual  expense  of
providing  such services shall exceed the maximum amount, if any, stated
in the petition for the establishment or extension of the  district,  or
in  the  final  order,  if  the  town  board is proceeding under article
twelve-A of this chapter, unless such maximum  amount  shall  have  been
increased pursuant to section two hundred two-d of this chapter.
12.  Sale  or  lease  of property. (a) Except as otherwise provided in
subdivision eight of section two hundred fifteen of this  chapter,  real
or personal property owned by, but not required for the purposes of, any
improvement  district may be sold or leased by the town board, provided,
however, that if the property sold or leased has a value  in  excess  of
one thousand dollars, a public hearing shall be held as herein provided.
Notice  of  such  hearing  shall  be  published  at  least once in the
official newspaper of the town not less than ten nor  more  than  twenty
days  prior  to  the  day  specified  for  the hearing. The notice shall
specify the time when and place where such hearing  will  be  held,  and
shall  describe  the  property  proposed  to  be  sold or leased and the
proposed terms of the sale or lease. The receipts from the sale or lease
of such property shall be  paid  to  the  supervisor  of  the  town  and
credited to the district and may be expended for any purpose which would
properly be charged against the entire district.
(b)  Notwithstanding  any  other  provision  of this chapter, the town
board or the commissioners of  a  district  with  the  approval  of  the
majority  of the town board may sell all or any part of the property and
facilities of an improvement district to a county, a city, a village,  a
town, a public authority, a town on behalf of an improvement district, a
county  on  behalf  of  a county district, or a joint water works system
established pursuant to article five-B of  the  general  municipal  law,
provided, however, that such sale shall have been approved by a majority
vote  of  the  qualified  electors  of the district voting thereon. Such
referendum shall be held in the manner prescribed in article six of this
chapter and eligibility to vote shall be  determined  as  prescribed  in
section  eighty-four  of  this  chapter in the case of districts. In the
event that all or  any  part  of  the  property  and  facilities  of  an
improvement  district  is  purchased  by  a county, a city, a village, a
town, a town on behalf of an improvement district or a county on  behalf
of a county district, the town board may by agreement with the purchaser
provide  that  payment of the purchase price, in whole or in part, shall
be made by having the principal of and interest on obligations issued to
finance the cost of the property and facilities so sold, assumed by  the
purchaser.  The  town  board or the commissioners of a district with the
approval of the majority of the town board may lease for a term  not  to
exceed  forty years all or any part of the property and facilities of an
improvement district to a county, a city, a village, a  town,  a  public
authority,  a  town  on behalf of an improvement district or a county on

behalf of a county district, or a joint water works  system  established
pursuant  to  article  five-B  of  the  general municipal law, provided,
however, that such lease shall be subject  to  a  permissive  referendum
held  in  the  manner prescribed in article seven of this chapter except
that  in  the  case  of  districts  the  petition  required  by  section
ninety-one   of   said  article  shall  be  sufficient  if  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 the owners  of  taxable  real
property  situate  in  the  district, as shown upon the latest completed
assessment-roll of the town in which the district is located, in  number
equal  to  at least five per cent of the total number of such owners, or
by one hundred of such owners, whichever is the lesser. For the purposes
of this section, a corporate owner of such taxable real  property  shall
be  considered  one  owner  for  the purposes of a petition requesting a
referendum and shall be entitled to one vote to be cast by an officer or
agent of the corporation or other duly authorized person  designated  by
appropriate  resolution  of  such corporation. The proposition submitted
must be approved by the affirmative vote of a majority of the owners  of
taxable  real  property situate in the district as shown upon the latest
completed assessment-roll of the town, voting on such  proposition.  The
provisions of this paragraph (b) as to leasing of facilities shall apply
to  joint  water  districts  existing  by  virtue of and governed by the
provisions of section three hundred  forty-one,  subdivision  twelve  of
this chapter.
(c)  The proceeds of the sale of a part of the property and facilities
of a district or of the lease of all or  a  part  of  the  property  and
facilities   of  a  district  shall  be  deposited  in  a  reserve  fund
established for the purpose of retiring outstanding  obligations  issued
on  behalf  of  the  district  to  finance  the cost of the property and
facilities sold or leased and shall be expended only for  such  purpose,
except  as  provided  below.  If  the  proceeds  exceed  the  sum of all
installments of principal of and interest on such indebtedness due to or
become due, or the payment of principal of and interest  on  obligations
is  assumed  as  provided  in  paragraph (b) above, or if, when all such
outstanding obligations shall  have  been  retired,  any  moneys  remain
unexpended  in  the reserve fund, such excess moneys may be used for any
purpose properly chargeable against the entire district.
(d) If it is proposed that all of the property and facilities  of  the
district  be sold, the proposition submitted to referendum shall provide
as a part thereof, for dissolution of the district as well as  for  sale
of  such  property  and  facilities.  If  the  proposition  for sale and
dissolution is approved, the moneys received from such sale must be  set
aside in a reserve fund and used to amortize outstanding obligations, as
provided in paragraph (c) of this section. Any excess over and above the
amount  necessary  to  be set aside in a reserve fund and used to retire
indebtedness, as aforesaid,  together  with  any  other  moneys  of  the
district, shall be disposed of to the credit of real property within the
district  by any equitable method described in the proposition submitted
to referendum.
(e) If no provision for distribution of excess proceeds is made in the
proposition, then such proceeds shall be apportioned  on  the  basis  of
assessed  valuation  among  the  several parcels of land situated in the
district, as shown on the last completed assessment roll of the town  or
county, as the case may be. The amounts so apportioned shall be credited
to each such parcel of real property in reduction of the county and town
taxes  on  so  many  successive tax rolls as may be necessary to exhaust
such amounts. If there be any real property in  the  district  which  is

wholly exempt from general taxation but which, while exempt from general
taxation  paid as an assessment for benefit a proportionate share of the
cost of the improvement, the amount apportioned to  such  real  property
shall  be  refunded  to the owner or owners thereof as shown on the last
completed assessment roll at the time of distribution.
13. Change of name. The town board may adopt a resolution changing the
name of an improvement district. Within ten days after the  adoption  of
such resolution a certified copy thereof shall be filed in the office of
the  town  clerk,  in the office of the clerk of the county in which the
town is located and in the office of the state department of  audit  and
control at Albany, New York.