§ 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.