This text of New York § 57-A (Special improvement district commissioners; abolition of office) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 57-a. Special improvement district commissioners; abolition of\noffice.
1.Except where the town board of a town shall by at least a\nthree-fourths vote of the whole number of its members taken not later\nthan July first in the year in which it adopts a resolution to become a\nsuburban town, adopt a resolution continuing such offices, the term of\nevery commissioner in any improvement district located in any suburban\ntown shall expire on the thirty-first day of December immediately\nsucceeding the January first on which any such town shall become a\nsuburban town pursuant to section fifty-a of this chapter, unless a\npetition be filed as provided herein requiring the submission to the\nqualified electors in any such district of a proposition "Shall the\noffices of commissioners be ret
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§ 57-a. Special improvement district commissioners; abolition of\noffice. 1. Except where the town board of a town shall by at least a\nthree-fourths vote of the whole number of its members taken not later\nthan July first in the year in which it adopts a resolution to become a\nsuburban town, adopt a resolution continuing such offices, the term of\nevery commissioner in any improvement district located in any suburban\ntown shall expire on the thirty-first day of December immediately\nsucceeding the January first on which any such town shall become a\nsuburban town pursuant to section fifty-a of this chapter, unless a\npetition be filed as provided herein requiring the submission to the\nqualified electors in any such district of a proposition "Shall the\noffices of commissioners be retained in the (insert the name of the\ndistrict)?" Any such petition shall be filed in the office of the town\nclerk and shall be signed, and acknowledged or proved in the same manner\nas a deed to be recorded, or authenticated in the manner provided by the\nelection law for the authentication of nominating petitions, by at least\ntwenty-five per centum, or five hundred, whichever is less, of the\nresident electors of the district qualified to vote at the last general\nelection. Any such petition must be filed not later than the first day\nof July immediately succeeding the January first on which the town\nbecame a suburban town.\n 2. The proposition for which the petition shall have been filed shall\nbe submitted to a special town election to be held not later than forty\ndays after the filing of such petition and at a place within such\ndistrict to be fixed by the town board. Notice of the election shall be\ngiven, the election held and the votes canvassed and results certified\nand returned in the manner provided in article six of this chapter\nrelating to special town elections. Every elector of the town who is a\nresident and the owner of property in such district assessed upon the\nlast preceding town assessment roll shall be entitled to vote at such\nelection.\n 3. If a majority of the votes cast on any proposition submitted as\nherein provided be in the affirmative, the provisions of article\nthirteen of this chapter shall continue to be applicable to such\ndistrict and the affairs of such district shall continue to be\nadministered in the manner therein provided. If a majority of the votes\ncast not be in the affirmative, or if no petition be filed, the\ncommissioners of such district shall (a) deliver to the town clerk not\nlater than such thirty-first day of December all the records, books and\npapers of such commissioners, (b) deliver to the supervisor all funds,\n(c) deliver to the town board all other property in their possession or\nunder their control and (d) make complete and proper accounting therefor\nto the town board.\n 4. In the event of the abolition of the office of district\ncommissioner pursuant to this section, all powers previously exercised\nby the commissioners so abolished shall thereafter be vested in and\nexercised by the town board unless otherwise provided by such board\npursuant to this chapter.\n