2023 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 commissioners
1.  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.