N.Y. Town Law § 57-a: Special improvement district commissioners; abolition of office

§ 57-a. Special improvement district commissioners; abolition of

office. 1. Except where the town board of a town shall by at least a

three-fourths vote of the whole number of its members taken not later

than July first in the year in which it adopts a resolution to become a

suburban town, adopt a resolution continuing such offices, the term of

every commissioner in any improvement district located in any suburban

town shall expire on the thirty-first day of December immediately

succeeding the January first on which any such town shall become a

suburban town pursuant to section fifty-a of this chapter, unless a

petition be filed as provided herein requiring the submission to the

qualified electors in any such district of a proposition "Shall the

offices of commissioners be retained in the (insert the name of the

district)?" Any such petition shall be filed in the office of the town

clerk and shall be signed, and acknowledged or proved in the same manner

as a deed to be recorded, or authenticated in the manner provided by the

election law for the authentication of nominating petitions, by at least

twenty-five per centum, or five hundred, whichever is less, of the

resident electors of the district qualified to vote at the last general

election. Any such petition must be filed not later than the first day

of July immediately succeeding the January first on which the town

became a suburban town.

2. The proposition for which the petition shall have been filed shall

be submitted to a special town election to be held not later than forty

days after the filing of such petition and at a place within such

district to be fixed by the town board. Notice of the election shall be

given, the election held and the votes canvassed and results certified

and returned in the manner provided in article six of this chapter

relating to special town elections. Every elector of the town who is a

resident and the owner of property in such district assessed upon the

last preceding town assessment roll shall be entitled to vote at such

election.

3. If a majority of the votes cast on any proposition submitted as

herein provided be in the affirmative, the provisions of article

thirteen of this chapter shall continue to be applicable to such

district and the affairs of such district shall continue to be

administered in the manner therein provided. If a majority of the votes

cast not be in the affirmative, or if no petition be filed, the

commissioners of such district shall (a) deliver to the town clerk not

later than such thirty-first day of December all the records, books and

papers of such commissioners, (b) deliver to the supervisor all funds,

(c) deliver to the town board all other property in their possession or

under their control and (d) make complete and proper accounting therefor

to the town board.

4. In the event of the abolition of the office of district

commissioner pursuant to this section, all powers previously exercised

by the commissioners so abolished shall thereafter be vested in and

exercised by the town board unless otherwise provided by such board

pursuant to this chapter.