§ 215 — Powers and duties of improvement district commissioners

New York § 215

• Jurisdiction: New York
• Law TWN: Town
• Art. 13: Improvement District Commissioners

Text

§ 215. Powers and duties of improvement district commissioners.\nSubject to law and the provisions of this chapter, the commissioners of\nevery improvement district shall constitute and be known as the board of\ncommissioners of such improvement district. Such board of commissioners\n 1. Shall elect one of their members as chairman and another as\nsecretary of the board of commissioners at the first meeting thereof\nfollowing each annual election of district commissioners, or the board\nof commissioners may designate the town clerk of such town as secretary\nof the board of commissioners and when so designated the town clerk\nshall act as secretary thereof without additional compensation. Every\nboard of commissioners shall file and maintain in the office of the town\nclerk a complete and accurate record of all proceedings of such board\nincluding certified copies of the minutes of each meeting within ten\ndays after each such meeting.\n 1-a. May, when specifically authorized by the town board and subject\nto such restrictions as the town board may impose not inconsistent with\nlaw, designate one of their members as treasurer and disbursing officer\nfor such district in place of the supervisor, and when a commissioner\nhas been so designated, the supervisor, and the receiver of taxes and\nassessments or town tax collector shall pay over to the treasurer of the\ndistrict all taxes, assessments or water rates or rentals assessed,\nlevied or collected for district purposes or services rendered by such\ndistrict, and all proceeds of obligations issued for district\nimprovements. The proceeds of obligations issued for district\nimprovements shall be deposited, secured and used pursuant to the manner\nprescribed by section 165.00 of the local finance law. The treasurer\nshall, within ten days, deposit and secure all other moneys in the\nmanner provided by section ten of the general municipal law. The board\nof commissioners shall require the treasurer so designated, before\nentering upon the duties of his office, to give an official undertaking,\nconditioned for the faithful performance of his duties and that he will\nwell and truly keep, pay over and account for all moneys and property\nbelonging to the district and coming into his hands as treasurer, in\nsuch form, in such sum and with such sureties as the board of\ncommissioners shall direct and approve, and such approval shall be\nindicated upon such undertaking; and when approved, such undertaking\nshall be filed in the office of the town clerk. The board of\ncommissioners may determine by resolution that such undertaking shall be\nexecuted by a surety company authorized to transact business in the\nstate of New York, and the expense thereof shall be a charge on the\ndistrict.\n 1-b. Shall audit all claims against the district and shall order the\npayment thereof by the district treasurer or the town supervisor, as the\ncase may be, in the amounts allowed. Except as otherwise provided by\nthis subdivision, no such claim shall be audited or ordered paid by the\nboard of commissioners unless an itemized voucher therefor, verified by\nor on behalf of the claimant, in such form as the board of commissioners\nshall prescribe, shall have been presented to the board of commissioners\nfor audit and allowance. The board of commissioners may, however,\nprovide by resolution, that any such claim may be presented, audited and\npaid if it shall have been certified to be true and correct in a\nstatement signed by or on behalf of the claimant upon a form prescribed\nby the board of commissioners. The provisions of this subdivision shall\nnot be applicable to claims for the payment of fixed salaries of\nofficers or employees, the principal of or interest on obligations\nissued for purposes of the district, fixed amounts becoming due on\nlawful contracts for periods exceeding one year, and amounts which the\ndistrict may be required to pay to the state employees' retirement\nsystem on account of contributions for past and current services of\nofficers and employees.\n 1-c. Notwithstanding the provisions of subdivision one-b of this\nsection, may by resolution establish a petty cash fund for the\nimprovement district treasurer for the payment, in advance of audit, of\nproperly itemized and verified or certified bills for materials,\nsupplies or services furnished to the improvement district for the\nconduct of its affairs and upon terms calling for payment to the vendor\nupon the delivery of any such materials or supplies or the rendering of\nany such services. The amount of such petty cash fund shall not exceed\ntwo hundred fifty dollars. At the time of any payment from such fund,\nthe treasurer shall require delivery to him of a bill in form sufficient\nfor audit by the board of commissioners of such improvement district as\nrequired by law. At each meeting of the board of commissioners a list of\nall expenditures made from such funds since the last meeting of the\nboard, together with the bill supporting such expenditures, shall be\npresented by the treasurer to the board of commissioners for audit. The\nboard of commissioners of such improvement district shall direct the\ntreasurer to reimburse such petty cash fund from the appropriate\nbudgetary item or items, in an amount equal to the total of such bills\nwhich it shall so audit and allow. Any of such bills or any portion of\nsuch bills which the board of commissioners shall refuse to audit and\nallow shall be the personal liability of the treasurer and he shall\npromptly reimburse such petty cash fund in the amount of such\ndisallowances. If such reimbursement has not been made by the time of\nthe first payment of salary to the treasurer after the action of the\nboard of commissioners in disallowing an amount so expended, such amount\nshall be withheld from such salary payment to the treasurer and, if\nnecessary, subsequent salary payments and paid into such petty cash fund\nuntil an amount equal to the amount so disallowed in the audit of the\nboard of commissioners has been repaid to the petty cash fund. Any bond\nor undertaking filed by the treasurer shall be available to the\nimprovement district for recovery of any losses incurred by reason of\nthe operation of such petty cash funds.\n 2. Shall cause a map to be prepared showing the exact boundaries of\nthe district and file a certified copy thereof in the office of the town\nclerk.\n 3. Shall give notice of annual elections in the manner provided in\nthis article.\n 4. Subject to the provisions of this article, shall have the\nmanagement and control of the property of the district and may insure\nthe same against loss or damage from any risk whatsoever.\n 5. Subject to the provisions of this article, may acquire by purchase,\nlease, gift, devise or by condemnation, real property for any of the\npurposes authorized by law. All real property required for any district\npurpose, shall be deemed to be required for public use and may be\nacquired by such district.\n 6. May sue and be sued as the board of commissioners of the district\nfor the breach of any contract entered into by them, pursuant to this\narticle. Any sum of money recovered by them in such an action shall be\npaid over to the town treasury and be credited to the improvement\ndistrict. In the event of the entry of any judgment against such board\nof commissioners such board shall notify the town board as to the amount\nof such judgment, interest and costs, and the town board shall forthwith\nsatisfy and pay such judgment, interest and costs, and the amount so\npaid in satisfaction of any such judgment, interest and costs shall be a\ncharge against such improvement district and as such levied against the\ntaxable property therein, or the amount of any such judgment, including\ninterest and costs may be financed pursuant to the local finance law in\nwhich event amounts necessary to provide for the annual payments of\nprincipal of and interest on any obligations issued by the town for such\npurpose shall be a charge against such improvement district and as such\nlevied against the taxable property therein.\n 8. Shall have the power, with the approval of the majority of the town\nboard, and, if a public hearing thereon is required by paragraph (a) of\nsubdivision twelve of section one hundred ninety-eight of this chapter,\nafter such hearing, and within the limits authorized by such paragraph,\nto sell or lease any real or personal property owned by, but not\nrequired for the purposes of, the district. The receipts from such sale\nor lease shall be paid to the supervisor of the town and credited to the\ndistrict and may be expended for any district purpose permitted by law,\nas the board of commissioners may direct.\n 9. Shall, on or before the fifteenth day of January, of each and every\nyear, file with the town clerk and post on the website of the district,\nprovided such website is maintained, a report for the preceding year\nending the thirty-first day of December, containing a statement of the\nfollowing facts:\n a. The amount of money on hand at the beginning of the year, and the\nreceipts from all sources during such year.\n b. An itemized statement of the amount paid out during such year, and\nthe balance on hand.\n c. The outstanding indebtedness of the district, either bonded or\notherwise, separately stated.\n d. The estimated deficiency in the amount necessary to pay principal\nor interest or the expenses of the district during the next year, after\napplying thereto the probable amount of income.\n e. The improvements and extensions made during such preceding year in\nthe district.\n f. Such other facts as the board deems important for the information\nof the district, together with such recommendations concerning such\ndistrict as may be deemed proper. Upon receipt of the filing of the\nreport, the town clerk shall cause a copy of the report to be posted on\nthe website of the town, if such website is maintained.\n 9-a. Shall annually prepare an estimate of proposed expenditures for\nand revenues of such district for the year beginning with the next\nsucceeding January first. Such estimate shall specify by item all\nproposed expenditures for general purposes, including expert and\nprofessional services, and for debt service. Such estimate may contain\nfor contingent purposes, an amount not to exceed ten per centum of the\namount estimated as necessary to meet the expense of maintaining the\nimprovement exclusive of the amount necessary to pay debt service and\njudgments. The board of commissioners shall conduct a public hearing on\nsuch estimate on the first Thursday following the first Tuesday of\nSeptember, for the calendar year two thousand thirteen on the second\nThursday following the first Tuesday of September or, in Westchester and\nMonroe counties, the first Thursday following the first Tuesday of\nOctober. Notice of such hearing shall be published at least once in the\nofficial newspaper of the town wherein such district is located, or if\nno official newspaper has been designated by the town, in any newspaper\nhaving general circulation in the district. The notice may be published\nin such other newspapers as the board of commissioners may direct. The\nnotice of hearing shall be published not more than twenty nor less than\nfive days prior to the day specified for the hearing. The notice of\nhearing shall state the time when and the place where the public hearing\nwill be held, the purpose thereof, and that a copy of the estimate of\nproposed expenditures for and revenues of such district for the year\nbeginning with the succeeding first day of January is available for\npublic inspection at specified times and at a specified public place.\nAfter the public hearing, the board of commissioners of an improvement\ndistrict may change, alter and revise such estimate prior to filing with\nthe budget officer. Notice of such public hearing shall also be posted\non the websites of the district and the town in which the district is\nlocated, provided such websites are maintained, on the signboard of the\ntown and conspicuously posted in three or more designated public\nlocations within the district, on or about the day on which such notice\nis published.\n 10. Shall, after the public hearing conducted as prescribed in\nsubdivision nine-a of this section, annually file with the budget\nofficer at the time specified in sections one hundred four and two\nhundred two-a of this chapter and post on the website of the district,\nif such website is maintained, the estimate of proposed expenditures for\nand revenues of such district for the year beginning with the succeeding\nfirst day of January. Upon receipt of the filing of the estimate, the\nbudget officer shall cause a copy of such estimate to be posted on the\nwebsite of the town, if such website is maintained. In any town, the\ntown board may reduce any item specified in such estimate, but may not\nreduce any item relating to estimated revenues and debt service unless\nthe majority of the commissioners of an improvement district request\nsuch reduction in writing.\n 11. May award contracts in the same manner and upon the same notice as\nprovided for the award of contracts by the town board in article twelve,\nprovided, however, that the board of commissioners shall not incur any\nindebtedness or contract any obligation in excess of the amount provided\nfor in the annual estimate and for which a tax or assessment has been\npreviously levied upon the district, except pursuant to petition as\nhereinafter provided or except from funds made available pursuant to the\nlocal finance law.\n 12. Shall adopt a resolution prescribing how water connections shall\nbe made and shall make and establish from time to time, water rates to\nbe paid by consumers and may provide for the payment of such water\ncharges in advance. The board of commissioners may provide that a\ndiscount shall be allowed for the prompt payment of water rates within\nthe time required by such board for the payment thereof. Such water\ncharges shall be a lien upon the real property upon which or in\nconnection with which said water was used. The board of commissioners\nmay provide that unpaid water rates which are in arrears for thirty days\nor longer shall be subject to a penalty not exceeding ten per centum of\nthe amount due and may further provide for cutting off the supply of\nwater if such water charges are not paid within sixty days from the date\ndue, in a water district. At the same time as the filing of the\nestimates specified in section one hundred four of this chapter, or in\ncase the town board shall elect by resolution a subsequent date, which\nin no event shall be later than November first in any year, the water\ncommissioners shall annually file with the town board, and with the\nsupervisors of adjoining towns in which permits have been issued to\nproperty owners, statements showing the unpaid water charges in the\nrespective districts and towns and which have not appeared on any such\nstatements previously filed.\n 13. Shall adopt a resolution or ordinance prescribing how sewer\nconnections shall be made, in a sewer district.\n 14. Shall adopt a resolution or ordinance prescribing how storm sewer\nconnections shall be made, in a drainage district.\n 15. Shall have all the powers provided in section two hundred one of\nthis chapter to require the installation of sewer connections, in a\nsewer or drainage district and water connections, in a water district.\nAll notices therein required shall be given by the board of\ncommissioners and the cost or expense of the improvement shall be\ncertified to the town board and assessed by it.\n 16. Shall have all the powers of the town board, pursuant to\nsubdivision four of section one hundred ninety-eight, in a park\ndistrict.\n 17. Shall have all the powers of the town board, pursuant to\nsubdivision seven of section one hundred ninety-eight, in a refuse and\ngarbage district.\n 18. Shall have all the powers of the town board, pursuant to\nsubdivision eight of section one hundred ninety-eight, in a public dock\ndistrict.\n 19. Except as otherwise provided by this article, shall have and\nexercise any power conferred upon the town board of the town in such a\ndistrict, pursuant to provisions of article twelve and of sections two\nhundred thirty-seven, two hundred thirty-eight and two hundred\nthirty-nine of article fifteen, when delegated to it by the town board.\n 20. May provide by resolution that candidates for district offices\nshall file their names with the secretary of the board of commissioners\nat least thirty days prior to the date of the district elections, and,\nin addition, require that such nominations be submitted in petition form\nsubscribed by twenty-five registered voters of the district. Thereafter,\nthe ballots for the election of district officers shall specify the\nnames of the candidates duly filed and, in addition, provide proper\nblank spaces for each office to be filled at such election. If any such\nresolution shall be adopted, the requirements thereof shall be specified\nin the notice of each district election held thereafter. The board of\ncommissioners may rescind such resolution at any time and thereafter\ndistrict officers shall be elected as otherwise provided herein.\n 21. Whenever a vacancy shall occur or exist in any elective district\noffice, the town board of the town in which such district is located\nshall appoint a qualified person to fill the vacancy and the person so\nappointed shall hold office until the thirty-first day of December next\nsucceeding the first annual district election held at least sixty days\nafter such vacancy shall occur or exist, provided, however, that if a\nvacancy so occurs or exists in any elective district office, the term of\nwhich would expire on the thirty-first day of December next succeeding,\nthe person so appointed shall hold office only until such thirty-first\nday of December; and at the first annual district election held at least\nsixty days after such vacancy shall occur and exist, a successor shall\nbe elected for the unexpired portion of the term beginning on the first\nday of January next succeeding. Whenever a vacancy shall occur or exist\nin any other district office, the board of commissioners of such\ndistrict may appoint a qualified person to fill the vacancy who shall\nhold office for the remainder of the unexpired term.\n 22. May regularly employ an attorney or an engineer for professional\nservices and advice, or may employ from time to time and whenever\nnecessary an attorney or engineer or counsel or expert engineering\nservice in relation to a specific subject matter, improvement,\nproceedings or litigation, provided however, that no such attorney,\nengineer, counsel or engineering service shall be employed unless and\nuntil the town board of the town in which such district is located shall\nadopt a resolution authorizing such employment. With the consent of the\ntown board, the town attorney or the town engineer may perform\nprofessional services for the district and receive such compensation\ntherefor as may be agreed upon between the commissioners and such town\nattorney or town engineer.\n 23. May purchase uniforms and protective apparel for employees of the\ndistrict.\n