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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.
Cite this article: FindLaw.com - New York Consolidated Laws, Town Law - TWN § 57-a. Special improvement district commissioners; abolition of office - last updated January 01, 2021 | https://codes.findlaw.com/ny/town-law/twn-sect-57-a.html
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