N.Y. Town Law § 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.