§ 8. In the preparation of its comprehensive plan of port development
provided for in this act, the commission shall incorporate existing
facilities as an integral part thereof, so far as practicable. If the
commission shall determine as part of such plan that the district shall
construct any port facilities or contribute to the cost of such
facilities to be constructed by any municipality, the plan shall contain
specifications of all such work, estimates of the cost of each and an
estimate of the total cost, including the cost of acquiring necessary
real property; and the total cost of such work, and amount of such
contributions shall be borne by all the municipalities in the district,
except as hereinafter provided. The commission also shall make a
tentative determination and shall annex to and file with such
specifications and estimates a statement showing the proportion of
benefit to each municipality in the district from such improvements,
regard being had to the special benefit to the municipality in which any
district part of such work is to be done, and from the estimated annual
average expenditures of the commission, other than for construction
work, for a period of three years. Such proportions shall be expressed
in decimals. The development of such port shall be deemed and is hereby
declared to be a public, municipal purpose of each city, in the
district, to the extent of the local benefits accruing and to accrue
therefrom. Such decimal, with respect to any municipality, shall
represent the proportion of the total cost to be borne by it, and shall
be the proportion of the total amount to be raised annually by tax on
the taxable property in the municipality of the portion of such cost to
be provided annually, of the annual expenses of the commission other
than for construction work and contributions to municipal construction,
and of any installment of principal and interest of any obligation of
the district next to become due. At the end of each three year period,
new estimates shall be made of the expenses of the commission, other
than for construction work and such contributions, for the ensuing three
years, and, if necessary, such apportionment shall be revised. It may
also be revised if there be subsequent construction work, not
contemplated by the original comprehensive plan, by which the relative
benefits of the whole work to the several municipalities are altered.
Notwithstanding, however, any provisions of this act, the entire cost of
construction of any port facilities within the city of Albany or upon
land owned by said city, including the cost of acquiring the necessary
real property therefor, shall be borne by the city of Albany. Before any
apportionment under this section, or revision thereof, shall be deemed
final, the commission shall cause its determination as to such
apportionment to be published in at least two daily newspapers in the
district, twice in each week for two weeks, and shall therewith give
notice of a public hearing on such apportionment, to be held not less
than ten days after the last publication. It shall also give notice to
each municipality by mailing a notice setting forth the time and place
of such hearing, which said notice shall be mailed to the mayor, and the
corporation counsel of each municipality at least ten days before the
day of such hearing. It shall give such a hearing and the
representatives of the governing body of a municipality and any taxpayer
in the district may be heard for or in opposition to such apportionment.
After such hearing the commission shall file in the office of the clerk
of each such municipality its final determination, either affirming such
original apportionment or modifying it and affirming it as modified.