|Click here to download this in MS Word format||Click here for the “Cliff Notes” version of the proposed law|
TRUESDALE LAKE BILL
AN ACT creating the Truesdale Lake Improvement District in the Town of Lewisboro, County of Westchester.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
L The legislature hereby finds and determines that it is in the best interests of the people of the State, and that it will be a public benefit to the people of the State, to authorize the formation of a unit of local government which can provide certain supervision, management and control of the body of water known as Truesdale Lake and certain lands surrounding and/or benefitting from such Lake and that the creation of the Truesdale Lake Improvement District is a public purpose since it will ensure, establish and maintain stormwater run off control systems and facilities, preserve real property values, enhance the scenic beauty of the town, conserve fish and wildlife of the Lake and promote recreational use of the Lake. Accordingly, legislation forming a special improvement district to be known as the Truesdale Lake Improvement District is in the public interest.
Section 2. Authorization. There is hereby authorized in the town of Lewisboro, Westchester County, to be created or extended pursuant to the provisions of Article 12 and/or 12-A of Town Law relating to the creation or extension of special improvement districts, a special improvement district to encompass the area located in the town of Lewisboro to be known as the Truesdale Lake Improvement District, for the purpose of (i) the construction, installation, repair, management, operation, control, replacement and relocation of stormwater and erosion and sedimentation control facilities, devices and improvements which are required, necessary or appropriate for the treatment and discharge of drainage to Truesdale Lake; (ii) for the repair, maintenance, restoration, replacement, and upkeep of the
darn which impounds water of the Lake; and (iii) algae and aquatic plant control.
The Truesdale Lake Improvement District created herein shall be a political subdivision of the State and a district corporation within the meaning of the Constitution and laws of the State.
The area included in the Truesdale Lake Improvement District shall continue to be part of the town of Lewisboro in Westchester County and the area within the town shall continue to be subject to the jurisdiction and authority of such town and county and to all state and federal laws as were heretofore and are hereinafter applicable.
Section 3. Location. The location of said District shall be in the town of Lewisboro, Westchester County, and shall include the body of water known as Truesdale Lake, the land thereunder and the lands
surrounding said body of water and described as follows:
at tract or parcel of land situate in the town of Lewisboro, County of Westchester , more particularly bounded and described as follows: Descriptions of lake and dam parcel goes here In addition to the foregoing land, also included in said District are the following parcels of land shown and referred to on the tax map for the town of Lewisboro, Westchester County, New York dated as follows: Insert tax map references for all other properties or attach a schedule
- TEA: http://truesdalelake.com/associations/tea/tea-property-listing/
- TLPOA: http://truesdalelake.com/associations/tlpoa/tlpoa-property-listing/
- Vreeland/Lovecross: http://truesdalelake.com/associations/lovecrossvreeland/vreeland-property-listing/
- Lake Shore Drive Riparian/”No Man’s Land”: http://truesdalelake.com/associations/lake-shore-drive/
Section 4. Conduct of referendum to vote upon proposition to establish Truesdale Lake Improvement District. Upon petition of the owners of real property situate within said proposed District, the supervisor of the town of Lewisboro shall conduct a referendum for the establishment of Truesdale Lake Improvement District. Such petition shall be signed by the owners of taxable real property situate in the proposed District (including ownership of fee interests and ownership of leasehold interests held from the state of New York), as assessed on the assessment rolls, owning in the aggregate at least one half of the assessed valuation of all the taxable real property of the proposed District, to the
intent that the owners of leaseholders of at least one-half of the assessed valuation of real property, whether owned in fee or leased from the State by residents within the proposed District or owned by or leased from the state of New York by non-residents thereof shall sign such petition. In the case of multiple ownership or multiple lessees of real property, only one signature will be accepted for each property in the District. When one owner or lessee owns more than one property or lease, that owner or lessee may sign for each parcel of real taxable property owned or leased. A single signature of a resident owner or lessee may be counted for purposes of determination that at least one-half the assessed valuation have so petitioned. Any such petition may be filed before this chapter of the laws of 200 takes effect. Such petition shall be filed with the town clerk of the town of Lewisboro. The supervisor of the town of Lewisboro shall then proceed
within______ days from such filing or the effective date of this chapter of the laws of 200 to take the following action:
(a) Said supervisor shall, within days of such filing or effective date, set a date
conduct a hearing at a place to be determined by the supervisor
upon the question of the formation of such District. Such meeting shall be held after notice given with the same times and publications as provided herein for notice of the annual election. Such notice shall state that the hearing shall be held to consider the formation of the Truesdale Lake Improvement District and that copies of the action may be inspected at the office of the town clerk of the town of Lewisboro, where a map of said District will be on file.
Said supervisor shall determine, prior to such hearing, that sufficient parties have signed the petition and that the petition otherwise complies with the requirement of section 191 of the Town Law of the state of New York.
(c) Said supervisor shall conduct such public hearing
Upon completion of the foregoing subdivisions (a), (b) and (c) the supervisor of the town of Lewisboro shall provide
the conduct of a referendum and concurrently therewith and subject to approval by affirmative vote of over fifty percent of qualified electors , as defined in section eight of this act , voting in said referendum, provide for the first annual election which shall be only for the election of commissioners and a treasurer, who shall be elected upon the contingency that the referendum approves the formation of the District. Notice of such referendum and a notice of the first annual election, receipt of nominating petitions and appointment of election official shall be given and made in accordance with the provisions for the annual election as herein provided. Such referendum and first annual election shall be held within days after this chapter of the laws of 200_ takes effect and after the hearing provided for in this section. Notice of such referendum and election shall be published prior to the date of the public hearing. Such referendum and election shall be held solely in the proposed District, and only those persons who are qualified electors pursuant to section eight of this act shall be entitled to vote on any such proposition to create the District and only such persons shall be entitled to vote at annual elections.
All cost incurred in connection with the establishment of such District shall be charged solely against property in the proposed District. The costs of such referendum shall be paid by the town of Lewisboro, and reimbursement made to said town from the first annual budget and special taxes levied in the District.
The town of Lewisboro is hereby authorized to accept a gift or gifts, on condition that such be used for part or all of the costs of
conduct of such referendum.
Section 5. Officers. (a) The District shall have the following officers whose terms of office shall commence at the annual organizational meeting and shall terminate
at a following organizational meeting after expiration of the appropriate number of years:
(1) Commissioners: Said District shall be managed by five commissioners. One such commissioner shall be elected each year, provided however, at the first annual election of the District, five district com
rnissioners shall be elected. The person receiving the greatest number of votes for the office of commissioner shall be elected for a term of five years; the person receiving the second highest number of votes shall be elected for a term of four years; the person receiving the third highest number of votes shall be elected for a term of three years; the person receiving the fourth highest number of votes shall be elected for a term of two years and the person receiving the fifth highest number of votes shall be elected for a term of one year. In the event two or more persons shall receive the same number of votes the terms of office shall be decided by lot. At each subsequent annual election a commissioner shall be elected for the full term of five years.
(2) Treasurer: In addition to the commissioners, the District shall have a treasurer who shall be elected. The District treasurer shall be elected at the annual election for a term of three years.
(3) Secretary: There shall be a District secretary who shall be appointed by the District commissioners and shall serve for a period of one year.
(b) The District commissioners shall receive no compensation for their services, but a commissioner acting as secretary of the District may be compensated. The District secretary may receive such compensation as the District commissioners may determine, but if the secretary be a member of the board of commissioners such compensation shall be fixed by the other members of the board. The District treasurer shall receive such compensation as the District commissioners may determine. The commissioners, the District treasurer, and the secretary, shall, before entering upon the duties of office, each take and file their oath of office in accordance with section 10 of the
public officers law. The treasurer of the District shall before entering upon the duties of office, execute and file with the District secretary an official undertaking in the form required by section 11 of the public officers law; provided however, the undertaking shall be in such form, in such sum and with such sureties as the commissioners shall direct and approve and such approval shall be indicted upon such undertaking. The District treasurer or any commissioner of the District may also act as District secretary. However, a person shall not hold the offices of District commissioner and District treasurer at the same time.
(c) To be eligible for election and thereafter eligible to hold office as a commissioner or as a treasurer a person must be, and continue as such during the term of office, a qualified elector of the District. The treasurer must be a resident of the District. The secretary of the District, appointed by the commissioners, need not be a qualified elector of the District and need not be a resident of the District.
(d) Whenever a vacancy shall occur or exist in any District office, the board of commissioners of such District,
or a majority of the members thereof in office may appoint a qualified person to fill the vacancy. If the appointment be made to fill a vacancy in an appointive office, the person so appointed shall hold office for the remainder of the unexpired term and until such person’s successor is appointed and qualified. If the appointment be made to fill a vacancy in an elective office, the person so appointed shall hold office until the next succeeding organizational meeting of the commissioners. A successor for such elected positions shall be elected at the next annual election for the unexpired portion of the term.
Section 6. Annual election. (a) The annual election shall be held on a date defined in the duly approved by-laws of the District. If by-laws have not been drafted or duly approved, then the date of the annual meeting shall be determined by a vote of over fifty percent of the commissioners voting at a duly authorized meeting. Voting for all officers and on all propositions shall be by ballot. Notice of the time and place of the election, together with notice of the elected offices to be
filled shall be published in at least two newspapers, circulated in the area of the District, once each week for at least three weeks, the first publication to be not more than forty days or less than twenty-five days prior to the election. The notice shall also give notice of any propositions to be voted upon. Nominations for office must be filed with the secretary in office at least fifteen days before the annual election ; except for the first annual election when such nominations shall be filed with the supervisor of the town of Lewisboro who shall place such names on the ballot. At least twenty-five qualified voters must subscribe to any nominating petition for office of commissioner or office of treasurer and at least twenty-five qualified voters must subscribe to any proposition proposed to be placed upon the ballot. Propositions, as herein provided, must be filed with the secretary at least fifty days before the election. Write-in votes shall be allowed. At least ten days before the annual election the commissioners shall appoint three qualified electors, who are not commissioner s or candidate s, as the election officials. The supervisor of the town of Lewisboro shall makes these appointments and shall designate a single voting place within the District for the referendum and first annual elect ed. There shall be one voting place, which shall be within the District and the polls shall be kept open from noon to eight o’clock in the evening when the votes shall be tabulated and the three election officials shall certify the results which shall be filed with the official minutes of the commission. Within three days a duplicate copy of the results shall be filed by the election officials with the town clerk of the town of Lewisboro. The candidate for each office receiving the most votes shall be elected. Propositions receiving more yes votes than no votes shall pass and be effective. Upon approval of the proposition authorizing and approving the establishment of the Improvement District, the election officials shall, within ten days of such approval, certify the results of such referendum and file an executed copy of such certificate with each of the following: the town clerk of the town of Lewisboro . the county clerk of Westchester County, and with the office of the state department of audit and control in Albany, New York. Any person aggrieved by any final determination or order made pursuant to this act , may review the same as provided in article 78 of the civil practice law and rules. The regularity of the proceedings establishing the District shall be final and conclusive unless an action or proceeding to contest or review such shall have been commenced within thirty days of the time such filing is completed.
(b) After the polls shall have been closed in any election, the election officials and ballot clerks shall immediately canvass the ballots cast and shall publicly announce the votes. Within twenty-four hours the election officials shall execute and file a certificate of the results of the canvass with the board of commissioners and such certificate shall be filed with the official minutes of the board. Within three days, such certificate shall be filed by the election officials with the town clerk of the town of Lewisboro.
(c) A special election on a proposition may be called upon a two-thirds vote of the entire board of commissioners and upon thirty days’ notice to be published in accordance with the requirements for the annual election.
Section 7. Organizational matters; the annual meeting. The District secretary in office at the time elections are held or for the first annual election, the town clerk of the town of Lewisboro shall immediately notify the officers elected of their election and that an organization meeting will be held on the day specified in said notice, which shall not be later than thirty days after certification of the results following the election. At such organization meeting, the treasurer shall preside until such time as a chairperson of the board of commissioners shall be chosen, but such treasurer shall not be entitled to a vote at such meeting. The elected commissioners shall choose by majority vote one of their number to serve as chairperson for the ensuing year. All action of the commissioners shall be by a majority vote of the five commissioners and a quorum to conduct any business shall be three, and at least three must vote in favor of any action to authorize any and all action. All meetings shall be subject to the provisions of the
open meetings law.
Section 8. Qualified electors. (a) The qualified electors of said District, being those entitled to vote for the election of commissioners, the treasurer and on any and all propositions and questions shall include individuals and other legal entities. Individuals must be citizens of the United States and who are eighteen years of age or over and who either:
(1) Permanently reside in the proposed District, or, when established as herein provided those persons who permanently reside within the District for a minimum of thirty days next preceding the election and are duly registered to vote from that residence in accordance with the provisions of article 5 of the election law, or
(2) Are lessees of real property from the state of New York or a political subdivision of the State within said proposed District or when established within said District, or
(3) Own real property in the proposed District or when established,
own property in the District.
(b) United States domestic corporations, cooperative corporations, partnerships, trusts and other entities owning property in the District shall be entitled to one vote per legal entity, cast by the principal owner, investor, executor or chief executive officer or any duly designated proxy. At each annual election those qualified electors are entitled to vote on all questions and for the election of all elected officers.
Section 9. Authority of the board of commissioners. The commissioners of the Truesdale Lake Improvement District shall have, in addition to any other powers conferred by this act, the authority and power, by action of the commissioners in the commissioners’ sole and absolute discretion:
(a) To create a comprehensive long term master plan setting forth the District’s objectives, strategies, programs and methods of monitoring and evaluating the aforementioned and to marshal the financial, human, regulatory, legal and other resources necessary to effect the plan and compliance therewith;
(b) to establish, maintain, regulate and control stormwater facilities and programs;
(c) to lay out, open, design, construct, maintain and alter drains, storm water sewers, pumping stations or necessary works appurtenant thereto, and improve any water course for the benefit of the District; contract with any person or corporation, municipal or otherwise, for supplying the inhabitants of the District with storm sewage facilities; contract for the purchase from any person or corporation, municipal or otherwise, of any trunk sewer, sewer system, pumping station, rights of way and appurtenances, for any such purpose or purposes; regulate the construction of all private drains and storm sewers and prescribe the manner in which storm sewer connections shall be made;
(d) to lay and construct storm water sewers and necessary incidental appurtenances thereto in and below the surface of any public highway, road, street or avenue of the District as a necessary use of the highway and for highway purposes under the supervision of the town superintendent of highways without obtaining any easement therefor from the owner of the fee of the land in such public highway, road, street or avenue in the District;
(e) to manage the property of the District and to insure any property against loss or damage from any risk whatsoever;
(f) to acquire, construct, lease, manage, operate, maintain, repair and replace aquatic weed control and other equipment and take such action as may be required to adopt plans and specifications and enter into a contract or contracts, or take such other action as may be required, for the control of aquatic growth within the District as they may deem to be necessary or desirable;
(g) to contract with other town, county, village, state and federal governments and agencies
for services or to participate with such entities for services authorized to be furnished by the District;
to maintain the quality of the waters within the District and to provide supervision, control and management thereof, including but not limited to dredging, aquatic weed control, testing lake water and stormwater run off; installing, monitoring and repairing dams and water and sedimentation control devices; and to provide security devices for the protection and control of all such areas;
to make appropriate applications to other governments for gifts, grants, aid and assistance in such forms and in such amounts as shall further the purposes of the District;
to sell personal property of a value of not more than ten thousand dollars
; to purchase personal property not exceeding ten thousand dollars in cost, subject to the requirements of article 5-A of the general municipal law;
1) to place upon the ballot at the annual election any proposition which could be placed before the annual election by petition of the electors as herein provided;
m) to hire whatever employees, advisors and consultants deemed required from time to time to accomplish the District purposes including, but not limited to, full time employees, part-time employees, and professional persons;
to purchase liability insurance to provide for the expense of defense and to indemnify commissioners, officers or employees of the District for claims based upon their action in the course of their official duties or employment;
(n) to purchase all types of insurance for the District reasonably required to protect the personnel and property of the District and to provide for the defense of actions and claims, and for the payment thereof;
(o) to establish liability and casualty insurance reserve funds as authorized by section 6-N of the general municipal law;
(p) to audit all claims against the District and to order the payment thereof by the District treasurer in the amounts allowed provided, however, that, except as otherwise provided by this subparagraph, no such claim shall be audited or ordered paid by the board of commissioners unless an itemized voucher therefor, verified, or certified under the penalties of perjury, 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 provisions of this subparagraph shall not be applicable to claims for the payment of fixed salaries, compensation for services by officers or employees regularly engaged by the District at agreed wages by the hour, day, week, month or year, the principal of or interest on obligations issued by the District, and fixed amounts becoming due on lawful contracts. The boards of commissioners may, further, by resolution authorize the payment in advance of audit of claims, utility companies for services for light, heat and communications, and the payment in advance of audit for postage, freight and express charges. All such claims shall be presented at the next regular meeting for audit, and the claimant and the officer incurring or approving the same shall be jointly and severally liable for any amount disallowed by the board of commissioners);
(q) to establish a petty cash fund for the District treasurer. The amount of such petty cash fund shall not exceed five hundred dollars;
(r) to give notice of annual elections in the manner herein provided and to place upon the ballot at any election any proposition which must be approved by the electors pursuant to this act;
(s) to accept gifts of money, real estate and personalty on behalf of the District; and
(t) to take any and all other actions reasonably necessary and proper and which are permitted by law to further the purposes of the District as herein specified and limited to the requirements for elector approval of matters herein so specified.
Section 10. Powers of the District upon vote of the electors. The Truesdale Lake Improvement District, when authorized by a vote of over fifty percent of the electors voting upon a proposition, shall have the power:
(a) To acquire personal property with a cost in excess of ten thousand dollars
and all kinds of real property, including but not limited to lake management equipment, stormwater control facilities and equipment by purchase, gift, devise, condemnation pursuant to the eminent domain procedure law, or otherwise at prices or amounts authorized by duly adopted propositions.
(b) To sell, transfer, and dispose of: (1) any real property; or (2) any personal property having a value in excess of ten thousand dollars on such terms and conditions and at such prices authorized by duly adopted propositions.
(c) To take any other, further or additional action or perform any other or additional service or function as shall be authorized by adoption of a proposition for such subject to the provisions of this act.
(d) To adopt restrictions and controls as to the type of uses of property owned by the District and type of structures that may be erected on lands of the District and into the waters of Truesdale Lake and to provide that such restrictions shall apply to such lands when transferred by the District and thereafter shall continue as restrictions running with such lands.
Section 11. Other powers. The District shall, subject to the provisions of this act, in addition
al to any other powers vested in town improvement districts or improvement district commissioners for the performance of their functions, powers or duties, have all of the functions, powers and provisions set forth in section 119-0 of the general municipal law.
Section 12. Indebtedness. The town is hereby authorized to contract indebtedness on behalf of the District in accordance with the provisions of the local finance law; provided, however, that indebtedness for any capital improvement in an amount to exceed the sum of ten thousand dollars shall not be contracted on behalf of such District unless and until such capital expenditure is approved by a vote of over fifty percent of the electors of such District voting on the proposition at an annual or special election of the District.
Section 13. Annual taxing authority. (a) The board of commissioners shall, at least thirty days before the annual election, prepare and file with the secretary of the District a preliminary annual budget setting forth the amount of money estimated to be on hand for the fiscal year beginning with the succeeding first day of January and an estimate of the proposed expenditures for and revenues of such District for such fiscal year. Such preliminary budget shall list and categorize all expenditures by those relating to stormwater run
(b) The board of commissioners shall hold a public hearing on the preliminary budget which shall be held at least ten days before the annual election. Notice of such public hearing shall be
published at leas
e ten days before the hearing once in at least two newspapers circulated in the area of the District and may be published in such other newspapers and for such other additional times as the board by resolution shall direct. 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 preliminary budget is available at the office of the town clerk of the town of Lewisboro where it may be inspected by an interested person during office hours. At such hearing, any person may be heard in favor of or against the preliminary budget as compiled, or for or against any item or items therein contained. After the public hearing, the board of commissioners may further change, alter, and revise the preliminary budget; provided, however, that such amended budget shall be in accordance with the rules, regulations, procedures and forms promulgated by the state comptroller. The preliminary budget as submitted or amended shall be finally adopted by resolution of the board of commissioners not later than the date of the annual election and shall be known as the annual budget for the District for the fiscal year beginning on the first day of January next succeeding and it shall be entered in the minutes of the board.
(c) The amount of taxes to be raised by special ad valorem levies for the annual budget for the District shall not exceed an amount equal to_____________________________________ per one thousand dollars
of the aggregate full valu
e of the taxable real property situated within the District. Such full valuation shall, for the purposes of this subdivision be computed by dividing the assessed valuation of the real property subject to taxation of the District, as shown on the assessment rolls upon which the real property included within the District was assessed for town purposes and which was completed in the fiscal year prior to the fiscal year for which the annual budget was made, by the equalization rates established for such rolls by the state board of equalization and assessment. The foregoing limitation on special ad valorem levies shall not be applicable to those amounts raised for expenditures approved by the voters pursuant to section ten of this act ion or for the payment of principal of or indebtedness on obligations contracted by the town of Lewisboro on behalf of the District pursuant to section twelve of this act ion.
(d) After the final adoption of the annual budget, the board of commissioners shall transmit copies thereof to the supervisor of the town of Lewisboro, on or before the first day of November. The supervisor of the town shall thereafter present such annual budget to the county legislative body at the same time the annual town budget is presented pursuant to section 115 of
the town law. The legislative body of the county shall levy and cause to be raised the amounts specified in the annual budget of the District to be levied by special levies upon the real property of the District liable therefor in the town at the time and in the manner provided by law for the levy of town and county taxes. Special levies assessed upon the real property in the District shall be collected from the real property in the District in the same manner and at the same time as town charges. The town supervisor shall pay over to the treasurer of the District all special levies levied for District purposes and all proceeds of obligations issued for District improvements. The proceeds of all obligations shall be deposited and used in the manner prescribed by section 165.00 of the local finance law.
(e) Notwithstanding subdivisions (b) and (c) of this section, if the election for the establishment of the District, conducted pursuant to section four of this act, occurs on or before the date set forth in this section for final adoption of the budget for the fiscal year next succeeding the year in which the District is established the board of commissioners is authorized to adopt a budget for such fiscal year. Such budget shall be in the form required by subdivision (a) of this section and shall specify the amount of taxes to be raised by special levies; provided however, such amount shall not exceed the sum of__ . Such special levies shall be levied in accordance with
the provisions of subdivision (d) of this section.
Section 14. Powers and duties of the district treasurer. The District treasurer shall be the fiscal officer of the District and shall receive and have the custody of the funds of the District and shall disburse the same for the purposes herein authorized on the order of the board of commissioners, except that no order of the board of commissioners shall be required for the payment of fixed salaries, compensation for services of offices, employees, consultants and experts, regularly engaged by or hired for a particular purpose or purposes by the District, or agreed wages by the hour, day, week, month or year, the costs and expenses of, principal of or interest on obligations issued by the District and fixed amounts becoming due on lawful contracts. All such disbursements shall be made by check payable to the order of the party entitled thereto. The board of commissioners shall designate by resolution the banks or trust companies of this State in which the District treasurer shall, within ten days, deposit all moneys coming into the hands of the treasurer by virtue of the office. Such designation and deposit of the moneys shall release the District treasurer and other District officers and their sureties from any liability for loss of such moneys by reason of the default or insolvency of any such depositary. At the annual organization meeting of the board of commissioners of the District, the District treasurer for the preceding year shall account with the board of commissioners for all moneys received and disbursed by the treasurer during the preceding fiscal year and shall produce all books, records, receipts, orders, vouchers and cancelled checks respecting the same. At such meeting the District treasurer shall file with the board of commissioners a statement in writing showing all receipts and disbursements for the preceding fiscal year. Such statement shall be in detail and shall be entered in the minutes of the meeting by the District secretary. The board of commissioners may require the District treasurer to submit to the board of commissioners at any time for examination all books, records, receipts, orders, vouchers and cancelled checks.
Section 15. Powers and duties of the District secretary. The District secretary shall have the custody of all records, books and papers of the District
. The District secretary shall attend all meetings of the board of commissioners, act as clerk thereof, and keep a complete and accurate record of the proceedings of each meeting and of all propositions, rules and regulations adopted . The District secretary shall have such additional powers and perform such additional duties as the board of commissioners may determine, not inconsistent with law.
Section 16. Claims against district. (a) Sections 50-E, 50-H and 50-I of the
general municipal law shall be applicable to all actions or special proceedings founded upon tort that are commenced against the District, provided, however, that the notice of claims and other legal process
must be served upon either the District secretary or the District treasurer and no other person shall be competent to accept such service.
(b) Notwithstanding the provisions of subdivision 33 of paragraph a of section 11.00 of the
local finance law to the contrary, the town may contract indebtedness on behalf of the District for the payment of any judgments, compromised claims or settled claims for a period not to exceed thirty years, where such judgments, compromised claims or settled claims fall due in a single fiscal year and amount to more than five per centum of the average full valuation of the District.
(c) No civil action shall be maintained against the District for damages or injury to person or property sustained by reason of any property of the District being defective, out of repair, unsafe, dangerous or obstructed, unless written notice of such defective, out of repair, unsafe, dangerous or obstructed condition, specifying the particular place, was actually given to the District secretary or the District treasurer and that there was a failure or neglect within a reasonable time after the giving of such notice to repair the defect, danger or obstruction complained of; but no action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any property, unless written notice thereof, specifying the particular place, was actually given to the District secretary or the District treasurer and there was a failure or neglect to cause such snow or ice to be removed or to make the place reasonably safe within a reasonable time after the receipt of such notice; provided, however, that, notwithstanding the provisions of any law defining real property owned by tax title or owned for the purposes of reimbursement of assistance granted, as held and used for a public purpose, and notwithstanding any such notice given, the District shall not be liable by reasons such property being defective, out of repair, unsafe or dangerous, unless the District is in the actual physical possession, control and operation thereof as owner, or deriving a direct income therefrom, and with no greater liability than that imposed upon the individual owner of property.
(d) The District treasurer shall transmit, in writing, to the District secretary, within 10 days thereafter, the receipt of all written notices received by him pursuant to this article of this
chapter. The District secretary shall keep an indexed record in a separate book of all written notices which he shall receive pursuant to this section of this chapter of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any property of the District, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five years after the date it is received
Section 17. Existing rights. Nothing contained in this act shall be deemed to create, eliminate or otherwise change existing rights in favor of any qualified elector within the District to Truesdale Lake and its waters.
Section 18. Severability. If any provision of any section of this act or the application thereof to any person or circumstance shall be adjudged invalid by a court of competent jurisdiction, such
order or judgment shall be confined in its operation to the controversy in which it was rendered, and shall not affect or invalidate the remainder of any provision of any section of this act or the application of any part thereof to any other person or circumstance and to this end the provisions of each section of this act are hereby declared to be severable.
Section 19. This act shall take effect immediately.