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S 980. Definitions. As used in this article:
(a) "Average full valuation of taxable real property" means the
valuation obtained by taking the assessed valuation of taxable real property in the district as it appears upon the last completed and four preceding assessment rolls of the municipality and dividing each by the applicable state equalization rate as determined by the state board of
real property services pursuant to article twelve of the real property tax law for each of the assessment rolls and dividing the sum of the quotients thus obtained by five.
(b) "District" means a business improvement district established
pursuant to this article.
(c) "District charge" means a levy imposed on behalf of the district
as provided in the district plan.
(d) "District management association" means the association
established pursuant to section nine hundred eighty-m of this article.
(e) "District plan" or "plan" means a proposal as defined in section
nine hundred eighty-a of this article.
(f) "Legislative body" means the local legislative body empowered to
adopt and amend local laws or ordinances.
(g) "Municipality" means a city, town or village within the state of
New York.
(h) "Owner" means owner of record.
(i) "Tenant" means an occupant pursuant to a lease of commercial space
or a dwelling unit, other than an owner.
S 980-a. Contents of the district plan. The district plan shall
contain the following:
(a) a map of the district;
(b) the written report or reports of the legislative body containing:
(1) a description of the boundaries of the district proposed for
establishment or extension in a manner sufficient to identify the lands
included;
(2) a description of the present and proposed uses of these 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
district plan;
(7) any proposed rules and regulations to be applicable to the
district;
(8) a list of the properties to be benefited, and a statement of the
method or methods by which the expenses of a district will be imposed
upon benefited real property, in proportion to the benefit received by
such property, to defray the cost thereof, including operation and
maintenance. Notwithstanding any inconsistent provision of section nine
hundred eighty-f of this article, 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 district may nevertheless be included within the
boundaries of the district but such property shall not be subject to any
district charge;
(9) a statement identifying the district management association for
the district; and
(10) any other item or matter required to be incorporated therein by
the legislative body.
S 980-b. Local adoption of article. Every municipality shall be
authorized to adopt a local law, subject to permissive referendum,
providing that the provisions of this article shall be applicable to the
establishment or extension of districts in the municipality.
S 980-c. Local legislative powers. Upon establishment of a district
pursuant to the provisions of this article, the legislative body shall
have authority to exercise the following powers with respect to such
district, subject to the provisions of this article to: (a) provide for
district improvements located on or within municipally or district owned
or leased property which will restore or promote business activity in
the district:
(1) construction and installation of landscaping, planting, and park
areas;
(2) construction of lighting and heating facilities;
(3) construction of physically aesthetic and decorative safety
fixtures, equipment and facilities;
(4) construction of improvements to enhance security of persons and
property within the district;
(5) construction of pedestrian overpasses and underpasses and
connections between buildings;
(6) closing, opening, widening or narrowing of existing streets;
(7) construction of ramps, sidewalks, plazas, and pedestrian malls;
(8) rehabilitation or removal of existing structures as required;
(9) removal and relocation of utilities and vaults as required;
(10) construction of parking lot and parking garage facilities; and
(11) construction of fixtures, equipment, facilities and appurtenances
as may enhance the movement, convenience and enjoyment of the public and be of economic benefit
to surrounding properties such as: bus stop
shelters; benches and street furniture; booths, kiosks, display cases,
and exhibits; signs; receptacles; canopies; pedestrian shelters and
fountains.
(b) provide for the operation and maintenance of any district
improvement;
(c) provide for additional maintenance or other additional services
required for the enjoyment and protection of the public and the
promotion and enhancement of the district whether or not in conjunction
with improvements authorized by this section, including:
(1) enhanced sanitation services;
(2) services promoting and advertising activities within the district;
(3) marketing education for businesses within the district;
(4) decorations and lighting for seasonal and holiday purposes; and
(5) services to enhance the security of persons and property within
the district.
(d) enter into contracts to provide for the construction of
accessibility improvements adjacent to public areas by businesses within
the district which will increase access from public areas to such
businesses for persons with disabilities and the general public and
assist businesses in meeting requirements for removal of architectural
barriers in existing facilities, pursuant to the Americans with
disabilities act of 1990, as amended (P.L. 101-336).
S 980-d. District plan. (a) The legislative body of any municipality
other than a municipality having a population of one million or more may
provide by resolution for the preparation of a district plan, upon its
own motion, or at the request of the chief executive officer or an
individual or agency designated by such officer, or 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 district proposed for
establishment or extension, as shown upon the latest completed
assessment roll of the municipality, and (2) at least fifty-one percent
of the owners of real property within the area included in the district
proposed for establishment or extension. In a municipality having a
population of one million or more, the chief executive officer may
provide for the preparation of a district plan, upon his or her own
initiative, or at the request of an individual or agency designated by
such officer, or at the request of the city council, or upon the written
petition, signed and acknowledged, of such owners described in
paragraphs one and two of this subdivision.
(b) The establishment or extension of a district shall be based upon
the district plan filed in the office of the municipal clerk, except as
provided in subdivision (c) of this section.
(c) In any city having a population of one million or more, the
district plan shall first be submitted to the city planning commission
which shall forward a copy within five days to the city council and to
the council member or members representing the council district or
districts in which the proposed district is located, to the community
board or boards for the community district or districts in which the
proposed district 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 established 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
district 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 district 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 district plans shall conform with the requirements of this
article. The legislative body may determine that the plan or any part of
the plan, shall be prepared by, or under the supervision of municipal
officers and employees to be designated by the legislative body, or by
persons or firms to be employed for that purpose, provided, however,
that in a municipality having a population of one million or more, such
determination and designation shall be made by the chief executive
officer. Except as otherwise provided in this article, the expense
incurred for the preparation of the plan or part of the plan shall be a
municipal charge.
(e) If the municipality shall thereafter establish or extend the
district or provide the improvements or additional services or contract
for the required services, the expense incurred by the municipality 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 municipality shall be reimbursed in the amount paid,
or the portion of that amount which the legislative body, at a public
hearing held pursuant to this article, shall allocate against the
district.
S 980-e. Notice and hearing. (a) After the filing of the district plan
in the office of the municipal clerk, the legislative body may adopt a
resolution and shall enter the same in the minutes of its proceedings.
This resolution shall contain a copy of the district plan, any report of
the planning commission or board, the fact that a district plan is on
file in the municipal clerk`s office for public inspection and the time
when and the place where the legislative body 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 district,
objecting to the plan must file an objection at the office of the
municipal 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
benefited real property situated within the boundaries of the district
proposed for establishment or extension, as shown upon the latest
completed assessment roll of the municipality, or (2) at least fifty-one
percent of the owners of benefited real property within the area
included in the district proposed for establishment or extension, so
file their objections, the district will not be established or extended.
(c) The legislative body shall cause a copy of the resolution or a
summary thereof to be published at least once in the official paper or a
newspaper in general circulation in the municipality, 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 legislative body shall cause a copy of the resolution or a summary
thereof to be mailed to each owner of real property within the proposed
district at the address shown on the latest municipal assessment roll,
to such other persons as are registered with the municipality to receive
tax bills concerning real property within the proposed district and to
the tenants of each building within the proposed district. If the
legislative body publishes or mails a summary of the resolution, such
summary shall include the business address of the municipal clerk, a
statement 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
improvements, 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
municipal clerk`s office, where the district plan may be inspected in
advance of the hearing, if the legislative body determines that, in the
public interest, any additional place of inspection is necessary or
desirable.
S 980-f. Establishment or extension of the district. (a) Not earlier
than thirty days after the conclusion of the last day of the public
hearing held pursuant to section nine hundred eighty-e of this article,
the legislative body 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 nine hundred eighty-a of
this article whether all the real property within the boundaries of the
proposed district or extension will benefit from the establishment or
extension of the district;
(3) whether all the real property benefited is included within the
limits of the proposed district or extension; and
(4) whether the establishment or extension of the district is in the
public interest.
(b) (1) If the legislative body shall determine the question of
paragraph four of subdivision (a) of this section in the negative, or if
the requisite number of owners shall have filed their objections as
provided in section nine hundred eighty-e of this article, the
legislative body shall adopt a resolution disapproving the establishment
or extension of the district, stating the reasons for its determination
and enter the same in the minutes of its proceedings. Thereafter no plan
for the establishment or extension of a district to include any part of
the property proposed to be included in the disapproved district may be
prepared as provided in section nine hundred eighty-d of this article
until the expiration of at least one year from the date of disapproval.
(2) If the legislative body shall find that notice was incorrectly or
insufficiently given or that, except as otherwise provided in section
nine hundred eighty-a of this article, any part or portion of the real
property within the boundaries of the proposed district 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
district or extension to be made in order that, except as otherwise
provided in section nine hundred eighty-a of this article, all of the
real property and only that real property as is deemed benefited shall
be included within the the boundaries of the proposed district or
extension. Such a further hearing shall also be required in the event
that the legislative body proposes to amend the district plan to reduce
or provide additional improvements or services not included in the
original plan prior to the establishment of the district. Notice of the
further hearing shall be published and mailed in the manner provided in
section nine hundred eighty-e of this article, except that, where
boundaries are to be altered, this notice shall also specify the manner
in which it is proposed to alter the boundaries of the proposed district
or extension. The further hearing shall be conducted in the same manner
as the original hearing.
(c) If and when the legislative body 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 nine hundred eighty-e of this article,
it may adopt a local law approving the establishment or extension of the
district as the boundaries shall be finally determined and the
construction of the improvement or providing of the service in the
district. Such local law shall become effective only upon compliance
with section nine hundred eighty-g of this article.
(d) Upon the recommendation of the district management association and after a public hearing, the
legislative body may adopt a local law at
any time prior to or after the establishment of a district 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 nine hundred eighty-e of this article.
(e) Notwithstanding the provisions of this article, the Town of
Woodbury in the county of Orange is hereby authorized to establish a
business improvement district solely for the purpose of providing
additional security services for the property encompassed by and
commonly known as Woodbury Commons.
S 980-g. Review by the state comptroller. (a) The state comptroller
shall review as provided in this section: (1) the establishment or
extension of a district; and (2) the amendment of a district plan
pursuant to subdivision (c) of section nine hundred eighty-i of this
article.
(b) Within twenty days after the adoption of a local law by a
legislative body pursuant to section nine hundred eighty-f or
subdivision (c) of section nine hundred eighty-i of this article, the
chief executive officer, or, except in a municipality having a
population of one million or more, other such officer of the
municipality as the legislative body shall determine, shall forward the
following information to the state comptroller at Albany, New York:
(1) an itemized statement of the then outstanding indebtedness of the
municipality 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
indebtedness, 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 payments
notes and budget notes which the municipality 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 district or extension of a district,
as shown on the latest completed and four preceding assessment rolls of
the municipality and of the amount of municipal 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 municipality 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
comptroller, attesting that the provisions of this article have been
met, signed and verified by the chief executive officer.
(c) The state comptroller shall then review the information submitted
pursuant to paragraphs one, two and three of subdivision (b) above to
determine that the tax and debt limitations provided in section nine
hundred eighty-k of this article will not be exceeded by the
establishment or extension of the district.
(d) The state comptroller shall notify the municipality of his or her
determination within sixty days of the receipt of the items specified in
subdivision (b) of this section. Unless the state comptroller determines
that the tax and debt limitations provided in section nine hundred
eighty-k of this article will be exceeded by the establishment or
extension of the district or that the statement required by paragraph
four of subdivision (b) of this section does not comply with the
provisions of such paragraph, the municipality may proceed with the
establishment or extension of the district upon receipt of the notice
from the state comptroller of his or her determination.
(e) Upon the municipality`s compliance with any other requirements
established by law, the local law enacted pursuant to section nine
hundred eighty-f of this article shall become effective.
S 980-h. Publication; filing; judicial review. (a) The municipal clerk
shall cause a certified copy of the local law of the legislative body
adopted pursuant to the provisions of this article establishing or
extending any district, or increasing the maximum total amount proposed
to be expended for the improvement in any district or extension, or
changing the method of assessment, or authorizing the district to incur
debt to provide for additional improvements or services within the
district, to be duly recorded in the municipal 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 district, of the proceedings
instituted 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
municipal clerk shall, in addition to any other filing required by law,
cause a certified copy thereof to be filed in the office of the state
comptroller 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 official paper or newspaper of general circulation in
the municipality.
(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 article 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
proceeding 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 he will pay to the
municipality, 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 municipal clerk shall cause the
judgment to be recorded and filed in the same places and manner as was
the local law which was modified.
S 980-i. Amendments to the district plan. (a) At any time after the
establishment or extension of a district pursuant to the provisions of
this article, the district plan upon which the establishment or
extension was based, may, upon the recommendation of the district
management association, be amended by the legislative body after
compliance with the procedures set forth in this section.
(b) Amendments to the district plan which provide for additional
improvements or services or any change in the method of assessment upon which the district charge is
based, or an increase only in the amount to be expended annually for improvements, services,
maintenance and
operation may be adopted by local law of the legislative body, provided
that the legislative body shall, after a public hearing, determine that
it is in the public interest to authorize the additional improvements,
services or increase in the maximum annual amount and that the tax and
debt limits prescribed in section nine hundred eighty-k of this article
will not be exceeded. The legislative body shall give notice of the
hearing by publication of a notice in at least one newspaper 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. The notice shall be
published once at least ten days prior to the date specified for the
hearing.
(c) Amendments to the district plan which provide for the district 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 of the legislative body, provided that the legislative body shall, after a public hearing, determine that it is in the public interest to authorize the district to incur indebtedness to provide for additional improvements or to increase the maximum total amount to be expended for improvements in the district and that the tax and debt limits prescribed in section nine hundred eighty-k of this article will not be exceeded.
Notice of the hearing shall be published and mailed in the manner
provided in section nine hundred eighty-e of this article. The local law
adopted pursuant to this subdivision shall not be effective until
reviewed by the state comptroller in accordance with section nine
hundred eighty-g of this article.
S 980-j. Expense of the district. (a) The expense incurred in the
construction or operation of any improvement or provision of additional
services in a district pursuant to this article shall be financed in
accordance with the district plan upon which the establishment or
extension of the district was based. Services for which district
property owners are charged pursuant to the plan must be in addition to
or an enhancement of those provided by the municipality prior to the
establishment of the district. The expense and cost apportioned to
benefited real property in accordance with the plan shall be a charge
upon each benefited parcel of real property within the district.
(b) The charge upon benefited real property pursuant to this article
shall be imposed as provided in the district 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 municipality for the levy of general
municipal taxes. The charge shall be determined, levied and collected in
the same manner, at the same time and by the same officers, as general
municipal taxes are levied and collected.
(c) Any municipality which has established a district pursuant to this
article, may, for the purpose of providing funds for making capital
improvements within a district, 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
district.
S 980-k. Tax and debt limitations. (a) The aggregate amount of
outstanding indebtedness that is incurred to provide funds for capital
improvements pursuant to this article shall be chargeable against the
municipality`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 article 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 district charge, exclusive of debt service, levied in a given
year against real property in a district may not exceed twenty percent
of the total general municipal taxes levied in that year against the
taxable real property in the district. The district charge so levied
shall be included in the total amount, if any, that the municipality is
permitted by law to raise in that year by a tax on real property.
S 980-l. Expenditure of district funds. (a) The proceeds of any charge
imposed pursuant to this article shall be held by the chief fiscal
officer and shall be separately accounted for in the books and records
of the municipality. None of the proceeds collected pursuant to this
article shall be used for any purposes other than those set forth in the
district plan. These funds may be paid out for district purposes in
accordance with the general procedures for payment of other municipal
expenditures.
(b) All contracts for improvements, goods or services to be provided
in the district shall be subject to all applicable provisions of the law
relating to the letting of contracts by the municipality.
S 980-m. District management association. (a) There shall be a
district management association for each district established pursuant
to the provisions of this article (which shall pursuant to the
not-for-profit corporation law have one or more classes or membership,
voting or non-voting) 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 corporation law, the certificate of incorporation or
by-laws of such association shall provide for voting representation of
owners of property and tenants within the district, 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 district, 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 district, 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 district shall also be represented on the
board. The board shall include, in addition, three members, one member
appointed by each of the following: the chief executive officer of the
municipality, the chief financial officer of the municipality and the
legislative body. Provided, that in a city having a population of one
million or more, the third additional member shall be appointed by the
borough president of the borough in which the district is located and a
fourth additional member shall be appointed by the council member
representing the council district in which the proposed district is
located, or if the proposed district is located in more than one council
district, the fourth additional member will be appointed by the speaker
of the city council after consultation with the council members
representing the council districts in which the proposed district is
located. The additional three members (four in a city of one million or
more) 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 district established pursuant to this
article.
(c) In addition to such other powers as are conferred on it by law,
the district management association may make recommendations to the
legislative body with respect to any matter involving or relating to the
district.
(d) For such consideration as it may deem appropriate and consistent
with the powers granted pursuant to section nine hundred eighty-c of
this article, the legislative body may license or grant to the district
management association the right to undertake or permit commercial
activities or other private uses of the streets or other parts of the
district in which the municipality has any real property interest.
S 980-n. Cooperative operation and management of business improvement districts. (a) Whenever two
or more municipalities have each created a business improvement district pursuant to this article, the
municipalities may enter into, amend, and terminate agreements with each other for the operation and
management of their respective business
improvement districts, in accordance with this article and each district
plan, on a cooperative basis, provided that the business improvement
districts are contiguous, and provided further that the goals and
objectives of the districts are compatible.
(b) Any such agreement shall be approved by each participating
municipality by a majority vote of its governing board, and may contain
provisions relating to the rights and responsibilities of the respective
municipalities, a method for equitably allocating costs and other
matters, consistent with this article, as may be reasonably necessary
and proper to effectuate the cooperative operation and management of the districts. Nothing herein shall
be construed as authorizing the
participating municipalities to issue joint indebtedness and any
indebtedness which has been heretofore issued by a municipality in
connection with a business improvement district shall remain the sole
responsibility of the issuing municipality.
(c) Municipalities which have agreed to operate and manage business
improvement districts on a cooperative basis shall either establish a
district management association for each business improvement district
as provided in section nine hundred eighty-m of this article, or if
agreed to by all of the participating municipalities, may establish a
single cooperative district management association. Such cooperative
district management association shall have the same powers and duties as provided in section nine
hundred eighty-m of this article.
(d) Where a cooperative district management association is
established, the board of directors of such district management
association shall be composed of representatives of owners and tenants
within each district, 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 districts shall also
be represented on the board. The number of such representatives of
owners and tenants from each district shall be in an equitable
proportion as determined by agreement of the participating
municipalities. The board shall include, in addition, three members from
each participating municipality as follows: a member appointed by the
chief executive officer of each participating municipality; a member
appointed by the chief financial officer of each participating
municipality; and a member appointed by the legislative body of each
participating municipality.
(e) Where the municipalities which have agreed to operate and manage
their business improvement districts on a cooperative basis decide to
terminate their agreement, such cooperative district management
association shall be dissolved, and shall be replaced by separate
district management associations in accordance with section nine hundred eighty-m of this article.
S 980-o. Dissolution. (a) Any district established or extended
pursuant to the provisions of this article, where there is no
indebtedness, outstanding and unpaid, incurred to accomplish any of the
purposes of the district, may be dissolved by local law by the
legislative body 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 benefited 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 district. The
legislative body shall request and consider the recommendations of the
district management association concerning any proposed dissolution;
provided that if the association has not submitted recommendations to
the legislative body within sixty days after request therefor, the
legislative body may adopt any such proposed dissolution without
considering such recommendations. In the event of dissolution, all
assets of the district shall revert to the municipality.
(b) A certified copy of the order of dissolution shall be filed with
the state comptroller at Albany, New York.
S 980-p. Existing districts. Any special improvement or assessment
districts, or any business improvement districts established pursuant to
article two-B of the general city law, or any districts having filed an
application with the state comptroller as provided in such article prior
to the effective date of this article, shall be subject to the
provisions of this article but shall not be required to comply with any
provisions of this article which are contrary to or more restrictive
than those under which the district was established or proposed to be
established as evidenced by an application filed with the state
comptroller prior to the effective date of this article. Any reference
to article two-B of the general city law or any section thereof in any
state or local law, plan or agreement shall be deemed to be a reference
to this article or the appropriate provision of this article.
S 980-q. Severability. If any provision of any section of this article
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 article or the application of any part
thereof to any other person or circumstance and to this end the
provisions of each section of this article are hereby declared to be severable.
Note: This was highlighted in 2006 so we will need to check current law.
Source of law; Cornell University
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