E. "PROJECT PLAN" OR "PLAN" MEANS A PROPOSAL AS DEFINED IN SECTION
25-505 OF THIS CHAPTER.
F. "OWNER" MEANS HOMEOWNER OF RECORD.
G. "TENANT" MEANS AN OCCUPANT PURSUANT TO A LEASE OF A DWELLING UNIT,
OTHER THAN AN OWNER.
§ 25-503 CONTENTS OF THE PROJECT PLAN. THE PROJECT PLAN SHALL CONTAIN
THE FOLLOWING:
A. A MAP OF THE PROJECT;
B. THE WRITTEN REPORT OR REPORTS OF THE CITY COUNCIL CONTAINING:
(1) A DESCRIPTION OF THE BOUNDARIES OF THE PROJECT PROPOSED FOR ESTAB-
LISHMENT OR EXTENSION IN A MANNER SUFFICIENT TO IDENTIFY THE LANDS
INCLUDED;
(2) A DESCRIPTION OF THE PRESENT AND PROPOSED USES OF SUCH LANDS;
(3) THE IMPROVEMENTS PROPOSED AND THE MAXIMUM COST THEREOF;
(4) THE TOTAL ANNUAL AMOUNT PROPOSED TO BE EXPENDED FOR IMPROVEMENTS,
MAINTENANCE AND OPERATION;
(5) THE PROPOSED SOURCE OR SOURCES OF FINANCING;
(6) THE PROPOSED TIME FOR IMPLEMENTATION AND COMPLETION OF THE PROJECT
PLAN;
(7) ANY PROPOSED RULES AND REGULATIONS TO BE APPLICABLE TO THE
PROJECT;
(8) A LIST OF THE PROPERTIES TO BE BENEFITED, AND A STATEMENT OF THE
METHOD OR METHODS BY WHICH THE EXPENSES OF A PROJECT WILL BE IMPOSED
UPON BENEFITED REAL PROPERTY, IN PROPORTION TO THE BENEFIT RECEIVED BY
SUCH PROPERTY, TO DEFRAY THE COST THEREOF, INCLUDING OPERATION AND MAIN-
TENANCE. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION 25-507 OF
THIS CHAPTER, THE PLAN MAY PROVIDE THAT ALL OR ANY CLASS OR CATEGORY OF
REAL PROPERTY WHICH IS EXEMPT BY LAW FROM REAL PROPERTY TAXATION AND
WHICH WOULD NOT BENEFIT FROM THE ESTABLISHMENT OR EXTENSION OF THE
PROJECT MAY NEVERTHELESS BE INCLUDED WITHIN THE BOUNDARIES OF THE
PROJECT, BUT SUCH PROPERTY SHALL NOT BE SUBJECT TO ANY PROJECT CHARGE;
(9) A STATEMENT IDENTIFYING THE PROJECT MANAGEMENT ASSOCIATION FOR THE
PROJECT; AND
(10) ANY OTHER ITEM OR MATTER REQUIRED TO BE INCORPORATED THEREIN BY
THE CITY COUNCIL.
§ 25-504 POWERS OF THE CITY COUNCIL. UPON ESTABLISHMENT OF A PROJECT
PURSUANT TO THE PROVISIONS OF THIS CHAPTER, THE CITY COUNCIL SHALL HAVE
AUTHORITY TO EXERCISE THE FOLLOWING POWERS WITH RESPECT TO SUCH PROJECT,
SUBJECT TO THE PROVISIONS OF THIS CHAPTER:
A. TO PROVIDE FOR COMMUNITY IMPROVEMENTS LOCATED ON OR WITHIN MUNICI-
PALLY OR COMMUNITY OWNED OR LEASED PROPERTY WITHIN THE BOUNDARIES OF THE
PROJECT, INCLUDING BUT NOT LIMITED TO:
(1) CLOSING, OPENING, WIDENING, NARROWING, OR REPAIR OF EXISTING
SHARED DRIVEWAYS;
(2) RETROFITS OR REPAIR OF PRIVATE SEWERS; AND
(3) REHABILITATION OR REMOVAL OF EXISTING STRUCTURES OR INFRASTRUCTURE
AS REQUIRED;
B. TO PROVIDE FOR THE OPERATION AND MAINTENANCE OF ANY COMMUNITY
IMPROVEMENT; AND
C. TO PROVIDE FOR ADDITIONAL MAINTENANCE OR OTHER ADDITIONAL SERVICES
REQUIRED FOR THE ENJOYMENT AND PROTECTION OF THE PROPERTY AND THE
ENHANCEMENT OF THE COMMUNITY, WHETHER OR NOT IN CONJUNCTION WITH
IMPROVEMENTS AUTHORIZED BY THIS SECTION, INCLUDING BUT NOT LIMITED TO:
(1) ENHANCED SANITATION SERVICES; AND
(2) SERVICES TO ENHANCE THE SECURITY OF PERSONS AND PROPERTY WITHIN
THE BOUNDARIES OF THE PROJECT.
S. 4040 3
§ 25-505 PROJECT PLAN. A. THE MAYOR MAY PROVIDE FOR THE PREPARATION OF
A PROJECT PLAN UPON THE WRITTEN PETITION, SIGNED AND ACKNOWLEDGED, OF:
(1) THE OWNERS OF AT LEAST FIFTY-ONE PERCENT OF THE ASSESSED VALUATION
OF ALL THE TAXABLE REAL PROPERTY WITHIN THE BOUNDARIES OF THE PROJECT
PROPOSED FOR ESTABLISHMENT OR EXTENSION, AS SHOWN UPON THE LATEST
COMPLETED ASSESSMENT ROLL OF THE CITY; AND
(2) AT LEAST FIFTY-ONE PERCENT OF THE OWNERS OF REAL PROPERTY WITHIN
THE AREA INCLUDED IN THE PROJECT PROPOSED FOR ESTABLISHMENT OR EXTEN-
SION.
B. THE ESTABLISHMENT OR EXTENSION OF A PROJECT SHALL BE BASED UPON THE
PROJECT PLAN FILED IN THE OFFICE OF THE CITY CLERK, EXCEPT AS PROVIDED
IN SUBDIVISION C OF THIS SECTION.
C. THE PROJECT PLAN SHALL FIRST BE SUBMITTED TO THE CITY PLANNING
COMMISSION WHICH SHALL FORWARD A COPY WITHIN FIVE DAYS TO THE CITY COUN-
CIL AND TO THE COUNCIL MEMBER OR MEMBERS REPRESENTING THE COUNCIL
DISTRICT OR DISTRICTS IN WHICH THE PROPOSED PROJECT IS LOCATED, TO THE
COMMUNITY BOARD OR BOARDS FOR THE COMMUNITY DISTRICT OR DISTRICTS IN
WHICH THE PROPOSED PROJECT IS LOCATED, AND TO THE RESPECTIVE BOROUGH
BOARD AND BOROUGH PRESIDENT, IF THE PLAN INVOLVES PROPERTIES LOCATED IN
TWO OR MORE COMMUNITY DISTRICTS. EACH COMMUNITY BOARD SHALL NOTIFY THE
PUBLIC OF THE PROPOSED PLAN IN ACCORDANCE WITH THE REQUIREMENTS ESTAB-
LISHED BY THE CITY PLANNING COMMISSION, AND MAY CONDUCT A PUBLIC HEARING
AND SUBMIT A WRITTEN RECOMMENDATION TO THE CITY PLANNING COMMISSION NOT
LATER THAN THIRTY DAYS AFTER RECEIPT OF THE PLAN. THE CITY PLANNING
COMMISSION SHALL REVIEW THE PLAN AND RECOMMENDATIONS, AND, AFTER A
PUBLIC HEARING, PREPARE A REPORT. THE CITY PLANNING COMMISSION SHALL
SUBMIT ITS REPORT TO THE MAYOR, TO THE AFFECTED BOROUGH PRESIDENT, TO
THE CITY COUNCIL AND TO THE COUNCIL MEMBER OR MEMBERS REPRESENTING THE
COUNCIL DISTRICT OR DISTRICTS IN WHICH THE PROPOSED DISTRICT IS LOCATED,
TOGETHER WITH COPIES OF ANY RECOMMENDATION OF A COMMUNITY BOARD, WITHIN
SIXTY DAYS FROM THE DATE OF EXPIRATION OF THE COMMUNITY BOARD'S PERIOD
FOR REVIEWING THE PLAN AND SUBMITTING RECOMMENDATIONS. THIS REPORT SHALL
CERTIFY THE CITY PLANNING COMMISSION'S UNQUALIFIED APPROVAL, DISAPPROVAL
OR QUALIFIED APPROVAL WITH RECOMMENDATIONS FOR MODIFICATIONS OF THE
DISTRICT PLAN. A COPY OF THIS REPORT TOGETHER WITH THE ORIGINAL PROJECT
PLAN SHALL BE TRANSMITTED FOR FILING WITH THE CITY CLERK. IN THE EVENT
THE CITY PLANNING COMMISSION SHALL FAIL TO SUBMIT ITS REPORT WITHIN
NINETY-FIVE DAYS OF RECEIPT OF THE ORIGINAL PROJECT PLAN, IT SHALL BE
REQUIRED TO IMMEDIATELY TRANSMIT THE ORIGINAL PLAN TO THE CITY CLERK FOR
FILING AND NO REPORT OF THE CITY PLANNING COMMISSION SHALL BE NECESSARY.
D. ALL PROJECT PLANS SHALL CONFORM WITH THE REQUIREMENTS OF THIS CHAP-
TER. THE MAYOR MAY DETERMINE THAT THE PLAN OR ANY PART OF THE PLAN,
SHALL BE PREPARED BY, OR UNDER THE SUPERVISION OF CITY OFFICERS AND
EMPLOYEES TO BE DESIGNATED BY THE MAYOR, OR BY PERSONS OR FIRMS TO BE
EMPLOYED FOR THAT PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER,
THE EXPENSE INCURRED FOR THE PREPARATION OF THE PLAN OR PART OF THE PLAN
SHALL BE A CITY CHARGE.
E. IF THE CITY SHALL THEREAFTER ESTABLISH OR EXTEND THE PROJECT OR
PROVIDE THE IMPROVEMENTS OR ADDITIONAL SERVICES OR CONTRACT FOR THE
REQUIRED SERVICES, THE EXPENSE INCURRED BY THE CITY FOR THE PREPARATION
OF THE PLAN OR ANY PART OF THE PLAN SHALL BE DEEMED TO BE PART OF THE
COST OF THE IMPROVEMENT, OR THE RENDERING OF ADDITIONAL SERVICES, AND
THE CITY SHALL BE REIMBURSED IN THE AMOUNT PAID, OR THE PORTION OF THAT
AMOUNT WHICH THE CITY COUNCIL, AT A PUBLIC HEARING HELD PURSUANT TO THIS
CHAPTER, SHALL ALLOCATE AGAINST THE PROJECT.
S. 4040 4
§ 25-506 NOTICE AND HEARING. A. AFTER THE FILING OF THE PROJECT PLAN
IN THE OFFICE OF THE CITY CLERK, THE CITY COUNCIL MAY ADOPT A RESOLUTION
AND SHALL ENTER THE SAME IN THE MINUTES OF ITS PROCEEDINGS. THIS RESOL-
UTION SHALL CONTAIN A COPY OF THE PROJECT PLAN, ANY REPORT OF THE CITY
PLANNING COMMISSION OR BOARD, THE FACT THAT A PROJECT PLAN IS ON FILE IN
THE CITY CLERK'S OFFICE FOR PUBLIC INSPECTION AND THE TIME WHEN AND THE
PLACE WHERE THE CITY COUNCIL WILL MEET AND HOLD A PUBLIC HEARING TO HEAR
ALL PERSONS INTERESTED IN THE SUBJECT THEREOF.
B. THE RESOLUTION SHALL ALSO CONTAIN A STATEMENT THAT ANY OWNER OF
REAL PROPERTY, DEEMED BENEFITED AND THEREFORE WITHIN THE BOUNDARIES OF
THE PROJECT, OBJECTING TO THE PLAN MUST FILE AN OBJECTION AT THE OFFICE
OF THE CITY CLERK WITHIN THIRTY DAYS OF THE CONCLUSION OF THE HEARING ON
FORMS MADE AVAILABLE BY THE CLERK, AND, FURTHER, THAT IF (1) OWNERS OF
AT LEAST FIFTY-ONE PERCENT OF THE ASSESSED VALUATION OF ALL THE BENEFIT-
ED REAL PROPERTY SITUATED WITHIN THE BOUNDARIES OF THE PROJECT PROPOSED
FOR ESTABLISHMENT OR EXTENSION, AS SHOWN UPON THE LATEST COMPLETED
ASSESSMENT ROLL OF THE CITY, OR (2) AT LEAST FIFTY-ONE PERCENT OF THE
OWNERS OF BENEFITED REAL PROPERTY WITHIN THE AREA INCLUDED IN THE
PROJECT PROPOSED FOR ESTABLISHMENT OR EXTENSION, SO FILE THEIR
OBJECTIONS, THE PROJECT WILL NOT BE ESTABLISHED OR EXTENDED.
C. THE CITY COUNCIL SHALL CAUSE A COPY OF THE RESOLUTION OR A SUMMARY
THEREOF TO BE PUBLISHED AT LEAST ONCE IN THE CITY RECORD OR A NEWSPAPER
IN GENERAL CIRCULATION IN THE CITY, THE FIRST PUBLICATION TO BE NOT LESS
THAN TEN NOR MORE THAN THIRTY DAYS BEFORE THE DAY SET FOR THE HEARING
REQUIRED BY THIS SECTION. IN ADDITION, NOT LESS THAN TEN NOR MORE THAN
THIRTY DAYS BEFORE THE DATE SET FOR THE HEARING, THE CITY COUNCIL SHALL
CAUSE A COPY OF THE RESOLUTION OR A SUMMARY THEREOF TO BE MAILED TO EACH
OWNER OF REAL PROPERTY WITHIN THE BOUNDARIES OF THE PROPOSED PROJECT AT
THE ADDRESS SHOWN ON THE LATEST CITY ASSESSMENT ROLL, TO SUCH OTHER
PERSONS AS ARE REGISTERED WITH THE CITY TO RECEIVE TAX BILLS CONCERNING
REAL PROPERTY WITHIN THE BOUNDARIES OF THE PROPOSED PROJECT, AND TO THE
TENANTS OF EACH BUILDING WITHIN THE BOUNDARIES OF THE PROPOSED PROJECT.
IF THE CITY COUNCIL PUBLISHES OR MAILS A SUMMARY OF THE RESOLUTION, SUCH
SUMMARY SHALL INCLUDE THE BUSINESS ADDRESS OF THE CITY CLERK, A STATE-
MENT THAT COPIES OF THE RESOLUTION SHALL BE MADE AVAILABLE FREE OF
CHARGE TO THE PUBLIC, THE IMPROVEMENTS PROPOSED AND THE MAXIMUM COST
THEREOF, THE TOTAL ANNUAL AMOUNT PROPOSED TO BE EXPENDED FOR IMPROVE-
MENTS, MAINTENANCE AND OPERATION, AND A STATEMENT INDICATING THE RIGHTS
OF OWNERS TO OBJECT PURSUANT TO SUBDIVISION B OF THIS SECTION.
D. THE RESOLUTION MAY FURTHER STATE THE PLACE, OTHER THAN THE CITY
CLERK'S OFFICE, WHERE THE PROJECT PLAN MAY BE INSPECTED IN ADVANCE OF
THE HEARING, IF THE CITY COUNCIL DETERMINES THAT, IN THE PUBLIC INTER-
EST, ANY ADDITIONAL PLACE OF INSPECTION IS NECESSARY OR DESIRABLE.
§ 25-507 ESTABLISHMENT OR EXTENSION OF THE PROJECT. A. NOT EARLIER
THAN THIRTY DAYS AFTER THE CONCLUSION OF THE LAST DAY OF THE PUBLIC
HEARING HELD PURSUANT TO SECTION 25-506 OF THIS CHAPTER, THE CITY COUN-
CIL SHALL DETERMINE:
(1) WHETHER THE NOTICE OF HEARING FOR ALL HEARINGS REQUIRED TO BE HELD
WAS PUBLISHED AND MAILED AS REQUIRED BY LAW AND IS OTHERWISE SUFFICIENT;
(2) EXCEPT AS OTHERWISE PROVIDED IN SECTION 25-503 OF THIS CHAPTER,
WHETHER ALL THE REAL PROPERTY WITHIN THE BOUNDARIES OF THE PROPOSED
PROJECT OR EXTENSION WILL BENEFIT FROM THE ESTABLISHMENT OR EXTENSION OF
THE PROJECT;
(3) WHETHER ALL THE REAL PROPERTY BENEFITED IS INCLUDED WITHIN THE
LIMITS OF THE PROPOSED PROJECT OR EXTENSION; AND
S. 4040 5
(4) WHETHER THE ESTABLISHMENT OR EXTENSION OF THE PROJECT IS IN THE
PUBLIC INTEREST.
B. (1) IF THE CITY COUNCIL SHALL DETERMINE THE QUESTION OF PARAGRAPH
FOUR OF SUBDIVISION A OF THIS SECTION IN THE NEGATIVE, OR IF THE REQUI-
SITE NUMBER OF OWNERS SHALL HAVE FILED THEIR OBJECTIONS AS PROVIDED IN
SECTION 25-506 OF THIS CHAPTER, THE CITY COUNCIL SHALL ADOPT A RESOL-
UTION DISAPPROVING THE ESTABLISHMENT OR EXTENSION OF THE PROJECT, STAT-
ING THE REASONS FOR ITS DETERMINATION AND ENTER THE SAME IN THE MINUTES
OF ITS PROCEEDINGS. THEREAFTER NO PLAN FOR THE ESTABLISHMENT OR EXTEN-
SION OF A PROJECT TO INCLUDE ANY PART OF THE PROPERTY PROPOSED TO BE
INCLUDED IN THE DISAPPROVED PROJECT MAY BE PREPARED AS PROVIDED IN
SECTION 25-505 OF THIS CHAPTER UNTIL THE EXPIRATION OF AT LEAST ONE YEAR
FROM THE DATE OF DISAPPROVAL.
(2) IF THE CITY COUNCIL SHALL FIND THAT NOTICE WAS INCORRECTLY OR
INSUFFICIENTLY GIVEN OR THAT, EXCEPT AS OTHERWISE PROVIDED IN SECTION
25-506 OF THIS CHAPTER, ANY PART OR PORTION OF THE REAL PROPERTY WITHIN
THE BOUNDARIES OF THE PROPOSED PROJECT OR EXTENSION IS NOT BENEFITED
THEREBY OR THAT CERTAIN PROPERTY BENEFITED THEREBY HAS NOT BEEN INCLUDED
THEREIN, IT SHALL CALL A FURTHER HEARING AT A DEFINITE PLACE AND TIME
NOT LESS THAN TEN NOR MORE THAN THIRTY DAYS AFTER THIS DETERMINATION. IN
THE RESOLUTION CALLING SUCH HEARING, IT SHALL SPECIFY THE NECESSARY
CHANGES, IF ANY, TO THE BOUNDARIES OF THE PROPOSED PROJECT OR EXTENSION
TO BE MADE IN ORDER THAT, EXCEPT AS OTHERWISE PROVIDED IN SECTION 25-503
OF THIS CHAPTER, ALL OF THE REAL PROPERTY AND ONLY THAT REAL PROPERTY AS
IS DEEMED BENEFITED SHALL BE INCLUDED WITHIN THE BOUNDARIES OF THE
PROPOSED PROJECT OR EXTENSION. SUCH A FURTHER HEARING SHALL ALSO BE
REQUIRED IN THE EVENT THAT THE CITY COUNCIL PROPOSES TO AMEND THE
PROJECT PLAN TO REDUCE IMPROVEMENTS OR SERVICES OR PROVIDE ADDITIONAL
IMPROVEMENTS OR SERVICES NOT INCLUDED IN THE ORIGINAL PLAN PRIOR TO THE
ESTABLISHMENT OF THE PROJECT. NOTICE OF THE FURTHER HEARING SHALL BE
PUBLISHED AND MAILED IN THE MANNER PROVIDED IN SECTION 25-506 OF THIS
CHAPTER, EXCEPT THAT, WHERE BOUNDARIES ARE TO BE ALTERED, THIS NOTICE
SHALL ALSO SPECIFY THE MANNER IN WHICH IT IS PROPOSED TO ALTER THE BOUN-
DARIES OF THE PROPOSED PROJECT OR EXTENSION. THE FURTHER HEARING SHALL
BE CONDUCTED IN THE SAME MANNER AS THE ORIGINAL HEARING.
C. IF AND WHEN THE CITY COUNCIL SHALL DETERMINE IN THE AFFIRMATIVE ALL
OF THE QUESTIONS SET FORTH IN SUBDIVISION A OF THIS SECTION, AND
PROVIDED THAT THE REQUISITE NUMBER OF OWNERS SHALL NOT HAVE OBJECTED AS
PROVIDED IN SECTION 25-506 OF THIS CHAPTER, IT MAY ADOPT A LOCAL LAW
APPROVING THE ESTABLISHMENT OR EXTENSION OF THE PROJECT AS THE BOUNDA-
RIES SHALL BE FINALLY DETERMINED AND THE CONSTRUCTION OF THE IMPROVEMENT
OR PROVIDING OF THE SERVICE IN THE PROJECT AREA. SUCH LOCAL LAW SHALL
BECOME EFFECTIVE ONLY UPON COMPLIANCE WITH SECTION 25-508 OF THIS CHAP-
TER.
D. UPON THE RECOMMENDATION OF THE PROJECT MANAGEMENT ASSOCIATION AND
AFTER A PUBLIC HEARING, THE CITY COUNCIL MAY ADOPT A LOCAL LAW AT ANY
TIME PRIOR TO OR AFTER THE ESTABLISHMENT OF A PROJECT TO CHANGE THE
METHOD OF ASSESSMENT AS SET FORTH IN THE PLAN. NOTICE OF SUCH PUBLIC
HEARING AND A DESCRIPTION OF THE PROPOSED CHANGE SHALL BE GIVEN IN THE
MANNER SET FORTH IN SECTION 25-506 OF THIS CHAPTER.
§ 25-508 REVIEW BY THE STATE COMPTROLLER. A. THE STATE COMPTROLLER
SHALL REVIEW AS PROVIDED IN THIS SECTION: (1) THE ESTABLISHMENT OR
EXTENSION OF A PROJECT; AND (2) THE AMENDMENT OF A PROJECT PLAN PURSUANT
TO SUBDIVISION C OF SECTION 25-510 OF THIS CHAPTER.
B. WITHIN TWENTY DAYS AFTER THE ADOPTION OF A LOCAL LAW BY THE CITY
COUNCIL PURSUANT TO SECTION 25-507 OR SUBDIVISION C OF SECTION 25-510 OF
S. 4040 6
THIS CHAPTER, THE MAYOR SHALL FORWARD THE FOLLOWING INFORMATION TO THE
STATE COMPTROLLER AT ALBANY, NEW YORK:
(1) AN ITEMIZED STATEMENT OF THE THEN OUTSTANDING INDEBTEDNESS OF THE
CITY FOR ALL PURPOSES, AS EVIDENCED BY BONDS, BOND ANTICIPATION NOTES,
CAPITAL NOTES, DEFERRED PAYMENT NOTES AND BUDGET NOTES; THE AMOUNT OF
BUDGETARY APPROPRIATIONS FOR THE PAYMENT OF ANY OUTSTANDING INDEBT-
EDNESS, WHETHER OR NOT APPROPRIATIONS HAVE BEEN REALIZED AS CASH; THE
AMOUNT OF INDEBTEDNESS PROPOSED TO BE CONTRACTED FOR THE IMPROVEMENT,
AND THE AMOUNTS, PURPOSES AND PROBABLE DATE OF ISSUANCE OF ANY BONDS,
BOND ANTICIPATION NOTES, CAPITAL NOTES, DEFERRED PAYMENT NOTES AND BUDG-
ET NOTES WHICH THE CITY HAS AUTHORIZED TO BE ISSUED BUT WHICH IN FACT
HAVE NOT BEEN ISSUED TO DATE;
(2) A STATEMENT OF THE TOTAL ASSESSED VALUATION OF THE TAXABLE REAL
PROPERTY SITUATED IN THE PROPOSED PROJECT OR EXTENSION OF A PROJECT, AS
SHOWN ON THE LATEST COMPLETED AND FOUR PRECEDING ASSESSMENT ROLLS OF THE
CITY AND OF THE AMOUNT OF CITY REAL PROPERTY TAXES LEVIED AGAINST SUCH
PROPERTY IN THE PRECEDING FISCAL YEAR;
(3) A STATEMENT OF THE AVERAGE FULL VALUATION OF THE TAXABLE REAL
PROPERTY OF THE CITY DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF
PARAGRAPH SEVEN-A OF SECTION 2.00 OF THE LOCAL FINANCE LAW; AND
(4) A STATEMENT, THE FORM OF WHICH SHALL BE DETERMINED BY THE STATE
COMPTROLLER, ATTESTING THAT THE PROVISIONS OF THIS CHAPTER HAVE BEEN
MET, SIGNED AND VERIFIED BY THE MAYOR.
C. THE STATE COMPTROLLER SHALL REVIEW THE INFORMATION SUBMITTED PURSU-
ANT TO PARAGRAPHS ONE, TWO AND THREE OF SUBDIVISION B OF THIS SECTION TO
DETERMINE THAT THE TAX AND DEBT LIMITATIONS PROVIDED IN SECTION 25-512
OF THIS CHAPTER WILL NOT BE EXCEEDED BY THE ESTABLISHMENT OR EXTENSION
OF THE PROJECT.
D. THE STATE COMPTROLLER SHALL NOTIFY THE CITY OF SUCH STATE COMP-
TROLLER'S DETERMINATION WITHIN SIXTY DAYS OF THE RECEIPT OF THE ITEMS
SPECIFIED IN SUBDIVISION B OF THIS SECTION. UNLESS THE STATE COMPTROLLER
DETERMINES WITHIN SUCH TIME THAT THE TAX AND DEBT LIMITATIONS PROVIDED
IN SECTION 25-512 OF THIS CHAPTER WILL BE EXCEEDED BY THE ESTABLISHMENT
OR EXTENSION OF THE PROJECT OR THAT THE STATEMENT REQUIRED BY PARAGRAPH
FOUR OF SUBDIVISION B OF THIS SECTION DOES NOT COMPLY WITH THE
PROVISIONS OF SUCH PARAGRAPH, THE CITY MAY PROCEED WITH THE ESTABLISH-
MENT OR EXTENSION OF THE PROJECT UPON RECEIPT OF THE NOTICE FROM THE
STATE COMPTROLLER OF SUCH STATE COMPTROLLER'S DETERMINATION.
E. UPON THE CITY'S COMPLIANCE WITH ANY OTHER REQUIREMENTS ESTABLISHED
BY LAW, THE LOCAL LAW ADOPTED PURSUANT TO SECTION 25-507 OF THIS CHAPTER
SHALL BECOME EFFECTIVE.
§ 25-509 PUBLICATION; FILING; JUDICIAL REVIEW. A. THE CITY CLERK SHALL
CAUSE A CERTIFIED COPY OF THE LOCAL LAW ADOPTED PURSUANT TO THE
PROVISIONS OF THIS CHAPTER ESTABLISHING OR EXTENDING ANY PROJECT, OR
INCREASING THE MAXIMUM TOTAL AMOUNT PROPOSED TO BE EXPENDED FOR THE
IMPROVEMENT IN ANY PROJECT OR EXTENSION, OR CHANGING THE METHOD OF
ASSESSMENT, OR AUTHORIZING THE PROJECT TO INCUR DEBT TO PROVIDE FOR
ADDITIONAL IMPROVEMENTS OR SERVICES WITHIN THE BOUNDARIES OF THE
PROJECT, TO BE DULY RECORDED IN THE CITY CLERK'S OFFICE WITHIN TEN DAYS
AFTER SUCH LOCAL LAW BECOMES EFFECTIVE. WHEN SO RECORDED THIS LOCAL LAW
SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR
THE ESTABLISHMENT OR EXTENSION OF THE PROJECT, OF THE PROCEEDINGS INSTI-
TUTED FOR THE CONSTRUCTION OF ANY IMPROVEMENT AND OF ALL OTHER ACTIONS
TAKEN IN RELATION TO IT.
B. WITHIN TEN DAYS AFTER THE LOCAL LAW BECOMES EFFECTIVE, THE CITY
CLERK SHALL, IN ADDITION TO ANY OTHER FILING REQUIRED BY LAW, CAUSE A
S. 4040 7
CERTIFIED COPY THEREOF TO BE FILED IN THE OFFICE OF THE STATE COMP-
TROLLER AT ALBANY, NEW YORK, AND WITHIN TWO WEEKS THEREAFTER SHALL CAUSE
A COPY OF THE LOCAL LAW OR A SUMMARY THEREOF TO BE PUBLISHED AT LEAST
ONCE IN THE CITY RECORD OR A NEWSPAPER OF GENERAL CIRCULATION IN THE
CITY.
C. THIS LOCAL LAW SHALL BE FINAL AND CONCLUSIVE UNLESS A PROCEEDING TO
REVIEW IS COMMENCED IN ACCORDANCE WITH THIS SUBDIVISION. ANY PERSON
AGGRIEVED BY ANY LOCAL LAW ADOPTED PURSUANT TO THIS CHAPTER MAY SEEK
JUDICIAL REVIEW OF THE LOCAL LAW IN THE MANNER PROVIDED BY ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, PROVIDED THE PROCEED-
ING IS COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF THE PUBLICATION OF
THE COPY OR SUMMARY OF THE LOCAL LAW PURSUANT TO SUBDIVISION B OF THIS
SECTION. NO REVIEW SHALL BE HAD UNLESS THE PETITIONER SHALL GIVE AN
UNDERTAKING APPROVED BY THE SUPREME COURT, OR A JUSTICE THEREOF, AS TO
FORM, AMOUNT AND SUFFICIENCY OF SURETIES, THAT, IN THE EVENT OF FAILURE
TO MODIFY THE LOCAL LAW, SUCH PETITIONER WILL PAY TO THE CITY ALL COSTS
AND EXPENSES AS ARE INCURRED BY IT ON ACCOUNT OF THE PROCEEDINGS, AS
SHALL BE DETERMINED BY THE COURT. IN THE EVENT THAT UPON THIS REVIEW
THERE SHALL BE ANY MODIFICATION BY THE COURT OF THE LOCAL LAW, THE COURT
SHALL DIRECT THE MODIFICATION BY JUDGMENT WHICH SHALL BE FINAL AND
CONCLUSIVE, AND THE CITY CLERK SHALL CAUSE THE JUDGMENT TO BE RECORDED
AND FILED IN THE SAME PLACES AND MANNER AS WAS THE LOCAL LAW WHICH WAS
MODIFIED.
§ 25-510 AMENDMENTS TO THE PROJECT PLAN. A. AT ANY TIME AFTER THE
ESTABLISHMENT OR EXTENSION OF A PROJECT PURSUANT TO THE PROVISIONS OF
THIS CHAPTER, THE PROJECT PLAN UPON WHICH THE ESTABLISHMENT OR EXTENSION
WAS BASED, MAY, UPON THE RECOMMENDATION OF THE PROJECT MANAGEMENT ASSO-
CIATION, BE AMENDED BY THE CITY COUNCIL AFTER COMPLIANCE WITH THE PROCE-
DURES SET FORTH IN THIS SECTION.
B. AMENDMENTS TO THE PROJECT PLAN WHICH PROVIDE FOR ADDITIONAL
IMPROVEMENTS OR SERVICES OR ANY CHANGE IN THE METHOD OF ASSESSMENT UPON
WHICH THE PROJECT CHARGE IS BASED, OR AN INCREASE ONLY IN THE AMOUNT TO
BE EXPENDED ANNUALLY FOR IMPROVEMENTS, SERVICES, MAINTENANCE AND OPERA-
TION MAY BE ADOPTED BY LOCAL LAW, PROVIDED THAT THE CITY COUNCIL SHALL,
AFTER A PUBLIC HEARING, DETERMINE THAT IT IS IN THE PUBLIC INTEREST TO
AUTHORIZE THE ADDITIONAL IMPROVEMENTS, SERVICES OR INCREASE IN THE MAXI-
MUM ANNUAL AMOUNT AND THAT THE TAX AND DEBT LIMITS PRESCRIBED IN SECTION
25-512 OF THIS CHAPTER WILL NOT BE EXCEEDED. THE CITY COUNCIL SHALL GIVE
NOTICE OF THE HEARING BY PUBLICATION OF A NOTICE IN AT LEAST ONE NEWSPA-
PER HAVING GENERAL CIRCULATION IN THE DISTRICT SPECIFYING THE TIME WHEN
AND THE PLACE WHERE THE HEARING WILL BE HELD AND STATING THE INCREASE
PROPOSED IN THE MAXIMUM AMOUNT TO BE EXPENDED ANNUALLY. THIS NOTICE
SHALL BE PUBLISHED ONCE AT LEAST TEN DAYS PRIOR TO THE DATE SPECIFIED
FOR THE HEARING.
C. AMENDMENTS TO THE PROJECT PLAN WHICH PROVIDE FOR THE PROJECT TO
INCUR INDEBTEDNESS IN ORDER TO PROVIDE FOR ADDITIONAL IMPROVEMENTS OR
WHICH PROVIDE FOR AN INCREASE IN THE TOTAL MAXIMUM AMOUNT TO BE EXPENDED
FOR IMPROVEMENTS IN THE DISTRICT, MAY BE ADOPTED BY LOCAL LAW, PROVIDED
THAT THE CITY COUNCIL SHALL, AFTER A PUBLIC HEARING, DETERMINE THAT IT
IS IN THE PUBLIC INTEREST TO AUTHORIZE THE PROJECT TO INCUR INDEBTEDNESS
TO PROVIDE FOR ADDITIONAL IMPROVEMENTS OR TO INCREASE THE MAXIMUM TOTAL
AMOUNT TO BE EXPENDED FOR IMPROVEMENTS IN THE PROJECT AREA AND THAT THE
TAX AND DEBT LIMITS PRESCRIBED IN SECTION 25-512 OF THIS CHAPTER WILL
NOT BE EXCEEDED. NOTICE OF THE HEARING SHALL BE PUBLISHED AND MAILED IN
THE MANNER PROVIDED IN SECTION 25-506 OF THIS CHAPTER. THE LOCAL LAW
ADOPTED PURSUANT TO THIS SUBDIVISION SHALL NOT BE EFFECTIVE UNTIL
S. 4040 8
REVIEWED BY THE STATE COMPTROLLER IN ACCORDANCE WITH SECTION 25-508 OF
THIS CHAPTER.
§ 25-511 EXPENSE OF THE PROJECT. A. THE EXPENSE INCURRED IN THE
CONSTRUCTION OR OPERATION OF ANY IMPROVEMENT OR PROVISION OF ADDITIONAL
SERVICES IN A PROJECT AREA PURSUANT TO THIS CHAPTER SHALL BE FINANCED IN
ACCORDANCE WITH THE PROJECT PLAN UPON WHICH THE ESTABLISHMENT OR EXTEN-
SION OF THE PROJECT WAS BASED. SERVICES FOR WHICH PROPERTY OWNERS WITHIN
THE BOUNDARIES OF THE PROJECT ARE CHARGED PURSUANT TO THE PLAN MUST BE
IN ADDITION TO OR AN ENHANCEMENT OF THOSE PROVIDED BY THE CITY PRIOR TO
THE PROJECT'S ESTABLISHMENT. THE EXPENSE AND COST APPORTIONED TO BENE-
FITED REAL PROPERTY IN ACCORDANCE WITH THE PLAN SHALL BE A CHARGE UPON
EACH BENEFITED PARCEL OF REAL PROPERTY WITHIN THE BOUNDARIES OF THE
PROJECT.
B. THE CHARGE UPON BENEFITED REAL PROPERTY PURSUANT TO THIS CHAPTER
SHALL BE IMPOSED AS PROVIDED IN THE PROJECT PLAN. IF THE FORMULA
INCLUDES AN AD VALOREM COMPONENT, THIS COMPONENT SHALL BE DETERMINED BY
THE ASSESSED VALUE OF EACH PARCEL AS ENTERED ON THE LATEST COMPLETED
ASSESSMENT ROLL USED BY THE CITY FOR THE LEVY OF GENERAL CITY TAXES. THE
CHARGE SHALL BE DETERMINED, LEVIED AND COLLECTED IN THE SAME MANNER, AT
THE SAME TIME AND BY THE SAME OFFICERS, AS GENERAL CITY TAXES ARE LEVIED
AND COLLECTED.
C. WHEN A PROJECT HAS BEEN ESTABLISHED PURSUANT TO THIS CHAPTER, THE
CITY MAY, FOR THE PURPOSE OF PROVIDING FUNDS FOR MAKING CAPITAL IMPROVE-
MENTS WITHIN THE BOUNDARIES OF SUCH PROJECT, ISSUE AND SELL BONDS OR
OTHER MUNICIPAL OBLIGATIONS AS PROVIDED IN THE LOCAL FINANCE LAW AND
OTHER APPLICABLE LAWS AND STATUTES. PRINCIPAL AND INTEREST PAYMENTS ON
THESE BONDS OR OTHER MUNICIPAL OBLIGATIONS MAY BE MADE IN WHOLE OR IN
PART FROM THE PROCEEDS OF CHARGES IMPOSED UPON BENEFITED REAL PROPERTY
WITHIN THE BOUNDARIES OF THE PROJECT.
§ 25-512 TAX AND DEBT LIMITATIONS. A. THE AGGREGATE AMOUNT OF
OUTSTANDING INDEBTEDNESS THAT IS INCURRED TO PROVIDE FUNDS FOR CAPITAL
IMPROVEMENTS PURSUANT TO THIS CHAPTER SHALL BE CHARGEABLE AGAINST THE
CITY'S CONSTITUTIONAL DEBT LIMIT AND MAY NOT EXCEED TEN PERCENT OF THE
AMOUNT ALLOWABLE UNDER THAT LIMIT. THE AGGREGATE AMOUNT OF OUTSTANDING
INDEBTEDNESS THAT IS INCURRED TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENTS
PURSUANT TO THIS CHAPTER AND THAT IS CHARGEABLE AGAINST THE PROPERTY
WITHIN THE DISTRICT MAY NOT EXCEED SEVEN PERCENT OF THE AVERAGE FULL
VALUATION OF TAXABLE REAL PROPERTY IN THE DISTRICT.
B. THE PROJECT CHARGE, EXCLUSIVE OF DEBT SERVICE, LEVIED IN A GIVEN
YEAR AGAINST REAL PROPERTY IN A PROJECT AREA MAY NOT EXCEED TWENTY
PERCENT OF THE TOTAL GENERAL CITY TAXES LEVIED IN THAT YEAR AGAINST THE
TAXABLE REAL PROPERTY IN THE PROJECT AREA. THE PROJECT CHARGE SO LEVIED
SHALL BE INCLUDED IN THE TOTAL AMOUNT, IF ANY, THAT THE CITY IS PERMIT-
TED BY LAW TO RAISE IN THAT YEAR BY A TAX ON REAL PROPERTY.
§ 25-513 EXPENDITURE OF PROJECT FUNDS. A. THE PROCEEDS OF ANY CHARGE
IMPOSED PURSUANT TO THIS CHAPTER SHALL BE HELD BY THE COMPTROLLER AND
SHALL BE SEPARATELY ACCOUNTED FOR IN THE BOOKS AND RECORDS OF THE CITY.
NONE OF THE PROCEEDS COLLECTED PURSUANT TO THIS CHAPTER SHALL BE USED
FOR ANY PURPOSES OTHER THAN THOSE SET FORTH IN THE PROJECT PLAN. THESE
FUNDS MAY BE PAID OUT FOR PROJECT PURPOSES IN ACCORDANCE WITH THE GENER-
AL PROCEDURES FOR PAYMENT OF OTHER CITY EXPENDITURES.
B. ALL CONTRACTS FOR IMPROVEMENTS, GOODS OR SERVICES TO BE PROVIDED
FOR THE PROJECT SHALL BE SUBJECT TO ALL APPLICABLE PROVISIONS OF THE LAW
RELATING TO THE LETTING OF CONTRACTS BY THE CITY.
§ 25-514 PROJECT MANAGEMENT ASSOCIATION. A. THERE SHALL BE A PROJECT
MANAGEMENT ASSOCIATION FOR EACH PROJECT ESTABLISHED PURSUANT TO THE
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PROVISIONS OF THIS CHAPTER (WHICH SHALL PURSUANT TO THE NOT-FOR-PROFIT
CORPORATION LAW HAVE ONE OR MORE CLASSES OF MEMBERSHIP, VOTING OR
NONVOTING) FOR THE PURPOSE OF CARRYING OUT SUCH ACTIVITIES AS MAY BE
PRESCRIBED IN THE PLAN. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
PARAGRAPH (E) OF SECTION SIX HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPO-
RATION LAW, THE CERTIFICATE OF INCORPORATION OR BY-LAWS OF SUCH ASSOCI-
ATION SHALL PROVIDE FOR VOTING REPRESENTATION OF OWNERS OF PROPERTY AND
TENANTS WITHIN THE BOUNDARIES OF THE PROJECT, AND MAY PROVIDE THAT THE
VOTES OF MEMBERS WHO ARE PROPERTY OWNERS BE WEIGHTED IN PROPORTION TO
THE ASSESSMENT LEVIED OR TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE
BOUNDARIES OF THE PROJECT, PROVIDED THAT IN NO CASE SHALL THE TOTAL
NUMBER OF VOTES ASSIGNED TO ANY ONE SUCH MEMBER OR TO ANY NUMBER OF SUCH
MEMBERS UNDER COMMON OWNERSHIP OR CONTROL EXCEED THIRTY-THREE AND ONE-
THIRD PERCENT OF THE TOTAL NUMBER OF VOTES WHICH MAY BE CAST.
B. THE BOARD OF DIRECTORS OF THE ASSOCIATION SHALL BE COMPOSED OF
REPRESENTATIVES OF OWNERS AND TENANTS WITHIN THE BOUNDARIES OF THE
PROJECT, PROVIDED, HOWEVER, THAT NOT LESS THAN A MAJORITY OF ITS MEMBERS
SHALL REPRESENT OWNERS, AND PROVIDED FURTHER THAT TENANTS OF COMMERCIAL
SPACE AND DWELLING UNITS WITHIN THE BOUNDARIES OF THE PROJECT SHALL ALSO
BE REPRESENTED ON THE BOARD. THE BOARD SHALL INCLUDE, IN ADDITION, FOUR
MEMBERS, ONE MEMBER APPOINTED BY EACH OF THE FOLLOWING: THE MAYOR, THE
COMPTROLLER, THE BOROUGH PRESIDENT OF THE BOROUGH IN WHICH THE PROJECT
IS LOCATED AND THE COUNCIL MEMBER REPRESENTING THE COUNCIL DISTRICT IN
WHICH THE PROPOSED PROJECT IS LOCATED, OR IF THE PROPOSED PROJECT IS
LOCATED IN MORE THAN ONE COUNCIL DISTRICT, BY THE SPEAKER OF THE CITY
COUNCIL AFTER CONSULTATION WITH THE COUNCIL MEMBERS REPRESENTING THE
COUNCIL DISTRICTS IN WHICH THE PROPOSED PROJECT IS LOCATED. THE ADDI-
TIONAL FOUR MEMBERS SHALL SERVE AS THE INCORPORATORS OF THE ASSOCIATION
PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW. THE ASSOCIATION MAY BE
INCORPORATED PRIOR TO THE EFFECTIVE DATE OF ANY PROJECT ESTABLISHED
PURSUANT TO THIS CHAPTER.
C. IN ADDITION TO SUCH OTHER POWERS AS ARE CONFERRED ON IT BY LAW, THE
PROJECT MANAGEMENT ASSOCIATION MAY MAKE RECOMMENDATIONS TO THE CITY
COUNCIL WITH RESPECT TO ANY MATTER INVOLVING OR RELATING TO THE PROJECT.
D. FOR SUCH CONSIDERATION AS IT MAY DEEM APPROPRIATE AND CONSISTENT
WITH THE POWERS GRANTED PURSUANT TO SECTION 25-504 OF THIS CHAPTER, THE
CITY COUNCIL MAY LICENSE OR GRANT TO THE PROJECT MANAGEMENT ASSOCIATION
THE RIGHT TO UNDERTAKE OR PERMIT COMMERCIAL ACTIVITIES OR OTHER PRIVATE
USES OF THE STREETS OR OTHER PARTS OF THE PROJECT AREA IN WHICH THE CITY
HAS ANY REAL PROPERTY INTEREST.
§ 25-515 DISSOLUTION. A. ANY PROJECT ESTABLISHED OR EXTENDED PURSUANT
TO THE PROVISIONS OF THIS CHAPTER, WHERE THERE IS NO INDEBTEDNESS,
OUTSTANDING AND UNPAID, INCURRED TO ACCOMPLISH ANY OF THE PURPOSES OF
THE PROJECT, MAY BE DISSOLVED BY LOCAL LAW OF THE CITY COUNCIL UPON ITS
OWN MOTION OR UPON THE WRITTEN PETITION OF (1) THE OWNERS OF AT LEAST
FIFTY-ONE PERCENT OR MORE OF THE TOTAL ASSESSED VALUATION OF ALL BENE-
FITED REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE DISTRICT AND (2)
AT LEAST FIFTY-ONE PERCENT OF THE OWNERS OF BENEFITED REAL PROPERTY
WITHIN THE AREA INCLUDED IN THE PROJECT. THE CITY COUNCIL SHALL REQUEST
AND CONSIDER THE RECOMMENDATIONS OF THE PROJECT MANAGEMENT ASSOCIATION
CONCERNING ANY PROPOSED DISSOLUTION; PROVIDED THAT IF THE ASSOCIATION
HAS NOT SUBMITTED RECOMMENDATIONS TO THE CITY COUNCIL WITHIN SIXTY DAYS
AFTER REQUEST THEREFOR, THE CITY COUNCIL MAY ADOPT ANY SUCH PROPOSED
DISSOLUTION WITHOUT CONSIDERING SUCH RECOMMENDATIONS. IN THE EVENT OF
DISSOLUTION, ALL ASSETS OF THE PROJECT SHALL REVERT TO THE CITY.
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B. A CERTIFIED COPY OF THE ORDER OF DISSOLUTION SHALL BE FILED WITH
THE STATE COMPTROLLER AT ALBANY, NEW YORK.
§ 25-516 SEVERABILITY. IF ANY PROVISION OF ANY SECTION OF THIS CHAPTER
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE
ADJUDGED INVALID BY ANY 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
PROVISIONS OF ANY SECTION OF THIS CHAPTER OR THE APPLICATION OF ANY PART
THEREOF TO ANY OTHER PERSON OR CIRCUMSTANCE AND TO THIS END THE
PROVISIONS OF EACH SECTION OF THIS CHAPTER ARE HEREBY DECLARED TO BE
SEVERABLE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.