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The district plan shall contain the following;
(a) a map of the district;
(b) the written report or reports of the city council containing:
(l) 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 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 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 25-407 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 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 city council.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
Upon establishment of a district pursuant to the provisions of this chapter, the city council shall have authority to exercise the following powers with respect to such district, subject to the provisions of this chapter:
(a) To 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, 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) To provide for the operation and maintenance of any district improvement;
(c) To 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
(a) The mayor 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 him or her, or at the request of the city council, 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 city, 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.
(b) The establishment or extension of a district shall be based upon the district plan filed in the office of the city clerk, except as provided in subdivision (c) of this section.
(c) 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 chapter. 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 district 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 district.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
(a) After the filing of the district 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 resolution shall contain a copy of the district plan, any report of the city planning commission or board, the fact that a district 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 district, 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 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 city, 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 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 proposed district 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 proposed district, and to the tenants of each building within the proposed district. If the city council publishes or mails a summary of the resolution, such summary shall include the business address of the city 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 city clerk's office, where the district plan may be inspected in advance of the hearing, if the city council determines that, in the public interest, any additional place of inspection is necessary or desirable.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
(a) Not earlier than thirty days after the conclusion of the last day of the public hearing held pursuant to section 25-406 of this chapter, the city council 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 25-403 of this chapter, 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 city council 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 25-406 of this chapter, the city council 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 25-405 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 25-403 of this chapter, 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 25-403 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 district or extension. Such a further hearing shall also be required in the event that the city council proposes to amend the district plan to reduce improvements or services 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 25-406 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 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 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 25-406 of this chapter, 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 25-408 of this chapter.
(d) Upon the recommendation of the district 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 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 25-406 of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
(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 25-410 of this chapter.
(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 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 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 district or extension of a district, 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 pursuant to paragraphs one, two and three of subdivision (b) above to determine that the tax and debt limitations provided in section 25-412 of this chapter will not be exceeded by the establishment or extension of the district.
(d) The state comptroller shall notify the city 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 within such time that the tax and debt limitations provided in section 25-412 of this chapter 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 city 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 city's compliance with any other requirements established by law, the local law adopted pursuant to section 25-407 of this chapter shall become effective.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/082.
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