Bill Text: NY S04040 | 2025-2026 | General Assembly | Introduced


Bill Title: Allows property owners to petition for city community improvement projects involving local improvements to shared driveways and sewer systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-31 - REFERRED TO CITIES 1 [S04040 Detail]

Download: New_York-2025-S04040-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4040

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 31, 2025
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to establishing city community improvement projects

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Title 25 of the administrative code of the city of New York
     2  is amended by adding a new chapter 5-A to read as follows:

     3                                 CHAPTER 5-A
     4                     CITY COMMUNITY IMPROVEMENT PROJECTS
     5    § 25-501 Authorization  for  the  establishment  of   city   community
     6  improvement projects. Pursuant to the provisions of this chapter, commu-
     7  nity  improvement  projects shall be established and extended as herein-
     8  after provided.
     9    § 25-502 Definitions. As used in this chapter:
    10    a. "Average full valuation of taxable real property" means  the  valu-
    11  ation obtained by taking the assessed valuation of taxable real property
    12  in  the  boundaries of the project as it appears upon the last completed
    13  and four preceding assessment rolls of the city and dividing each by the
    14  applicable state equalization rate as determined by the state  board  of
    15  equalization and assessment pursuant to article twelve of the real prop-
    16  erty  tax  law  for each of the assessment rolls and dividing the sum of
    17  the quotients thus obtained by five.
    18    b. "Project" means a community improvement project established  pursu-
    19  ant to this chapter.
    20    c.  "Project  charge"  means  a levy imposed on behalf of a project as
    21  provided in the project plan.
    22    d. "Project management association" means the association  established
    23  pursuant to section 25-514 of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08394-01-5

        S. 4040                             2

     1    e.  "Project  plan"  or  "plan" means a proposal as defined in section
     2  25-505 of this chapter.
     3    f. "Owner" means homeowner of record.
     4    g.  "Tenant" means an occupant pursuant to a lease of a dwelling unit,
     5  other than an owner.
     6    § 25-503 Contents of the project plan. The project plan shall  contain
     7  the following:
     8    a. a map of the project;
     9    b. the written report or reports of the city council containing:
    10    (1) a description of the boundaries of the project proposed for estab-
    11  lishment  or  extension  in  a  manner  sufficient to identify the lands
    12  included;
    13    (2) a description of the present and proposed uses of such lands;
    14    (3) the improvements proposed and the maximum cost thereof;
    15    (4) the total annual amount proposed to be expended for  improvements,
    16  maintenance and operation;
    17    (5) the proposed source or sources of financing;
    18    (6) the proposed time for implementation and completion of the project
    19  plan;
    20    (7)  any  proposed  rules  and  regulations  to  be  applicable to the
    21  project;
    22    (8) a list of the properties to be benefited, and a statement  of  the
    23  method  or  methods  by  which the expenses of a project will be imposed
    24  upon benefited real property, in proportion to the benefit  received  by
    25  such property, to defray the cost thereof, including operation and main-
    26  tenance. Notwithstanding any inconsistent provision of section 25-507 of
    27  this  chapter, the plan may provide that all or any class or category of
    28  real property which is exempt by law from  real  property  taxation  and
    29  which  would  not  benefit  from  the  establishment or extension of the
    30  project may nevertheless  be  included  within  the  boundaries  of  the
    31  project, but such property shall not be subject to any project charge;
    32    (9) a statement identifying the project management association for the
    33  project; and
    34    (10)  any  other item or matter required to be incorporated therein by
    35  the city council.
    36    § 25-504 Powers of the city council. Upon establishment of  a  project
    37  pursuant  to the provisions of this chapter, the city council shall have
    38  authority to exercise the following powers with respect to such project,
    39  subject to the provisions of this chapter:
    40    a. To provide for community improvements located on or within  munici-
    41  pally or community owned or leased property within the boundaries of the
    42  project, including but not limited to:
    43    (1)  closing,  opening,  widening,  narrowing,  or  repair of existing
    44  shared driveways;
    45    (2) retrofits or repair of private sewers; and
    46    (3) rehabilitation or removal of existing structures or infrastructure
    47  as required;
    48    b. To provide for the  operation  and  maintenance  of  any  community
    49  improvement; and
    50    c.  To provide for additional maintenance or other additional services
    51  required for the enjoyment  and  protection  of  the  property  and  the
    52  enhancement  of  the  community,  whether  or  not  in  conjunction with
    53  improvements authorized by this section, including but not limited to:
    54    (1) enhanced sanitation services; and
    55    (2) services to enhance the security of persons  and  property  within
    56  the boundaries of the project.

        S. 4040                             3

     1    § 25-505 Project plan. a. The mayor may provide for the preparation of
     2  a project plan upon the written petition, signed and acknowledged, of:
     3    (1) the owners of at least fifty-one percent of the assessed valuation
     4  of  all  the  taxable real property within the boundaries of the project
     5  proposed for establishment  or  extension,  as  shown  upon  the  latest
     6  completed assessment roll of the city; and
     7    (2)  at  least fifty-one percent of the owners of real property within
     8  the area included in the project proposed for  establishment  or  exten-
     9  sion.
    10    b. The establishment or extension of a project shall be based upon the
    11  project  plan  filed in the office of the city clerk, except as provided
    12  in subdivision c of this section.
    13    c. The project plan shall first be  submitted  to  the  city  planning
    14  commission which shall forward a copy within five days to the city coun-
    15  cil  and  to  the  council  member  or  members representing the council
    16  district or districts in which the proposed project is located,  to  the
    17  community  board  or  boards  for the community district or districts in
    18  which the proposed project is located, and  to  the  respective  borough
    19  board  and borough president, if the plan involves properties located in
    20  two or more community districts. Each community board shall  notify  the
    21  public  of  the proposed plan in accordance with the requirements estab-
    22  lished by the city planning commission, and may conduct a public hearing
    23  and submit a written recommendation to the city planning commission  not
    24  later  than  thirty  days  after  receipt of the plan. The city planning
    25  commission shall review the  plan  and  recommendations,  and,  after  a
    26  public  hearing,  prepare  a  report. The city planning commission shall
    27  submit its report to the mayor, to the affected  borough  president,  to
    28  the  city  council and to the council member or members representing the
    29  council district or districts in which the proposed district is located,
    30  together with copies of any recommendation of a community board,  within
    31  sixty  days  from the date of expiration of the community board's period
    32  for reviewing the plan and submitting recommendations. This report shall
    33  certify the city planning commission's unqualified approval, disapproval
    34  or qualified approval with  recommendations  for  modifications  of  the
    35  district  plan. A copy of this report together with the original project
    36  plan shall be transmitted for filing with the city clerk. In  the  event
    37  the  city  planning  commission  shall  fail to submit its report within
    38  ninety-five days of receipt of the original project plan,  it  shall  be
    39  required to immediately transmit the original plan to the city clerk for
    40  filing and no report of the city planning commission shall be necessary.
    41    d. All project plans shall conform with the requirements of this chap-
    42  ter.  The  mayor  may  determine  that the plan or any part of the plan,
    43  shall be prepared by, or under the  supervision  of  city  officers  and
    44  employees  to  be  designated by the mayor, or by persons or firms to be
    45  employed for that purpose. Except as otherwise provided in this chapter,
    46  the expense incurred for the preparation of the plan or part of the plan
    47  shall be a city charge.
    48    e. If the city shall thereafter establish or  extend  the  project  or
    49  provide  the  improvements  or  additional  services or contract for the
    50  required services, the expense incurred by the city for the  preparation
    51  of  the  plan  or any part of the plan shall be deemed to be part of the
    52  cost of the improvement, or the rendering of  additional  services,  and
    53  the  city shall be reimbursed in the amount paid, or the portion of that
    54  amount which the city council, at a public hearing held pursuant to this
    55  chapter, shall allocate against the project.

        S. 4040                             4

     1    § 25-506 Notice and hearing. a. After the filing of the  project  plan
     2  in the office of the city clerk, the city council may adopt a resolution
     3  and  shall enter the same in the minutes of its proceedings. This resol-
     4  ution shall contain a copy of the project plan, any report of  the  city
     5  planning commission or board, the fact that a project plan is on file in
     6  the  city clerk's office for public inspection and the time when and the
     7  place where the city council will meet and hold a public hearing to hear
     8  all persons interested in the subject thereof.
     9    b. The resolution shall also contain a statement  that  any  owner  of
    10  real  property,  deemed benefited and therefore within the boundaries of
    11  the project, objecting to the plan must file an objection at the  office
    12  of the city clerk within thirty days of the conclusion of the hearing on
    13  forms  made  available by the clerk, and, further, that if (1) owners of
    14  at least fifty-one percent of the assessed valuation of all the benefit-
    15  ed real property situated within the boundaries of the project  proposed
    16  for  establishment  or  extension,  as  shown  upon the latest completed
    17  assessment roll of the city, or (2) at least fifty-one  percent  of  the
    18  owners  of  benefited  real  property  within  the  area included in the
    19  project  proposed  for  establishment  or  extension,  so   file   their
    20  objections, the project will not be established or extended.
    21    c.  The city council shall cause a copy of the resolution or a summary
    22  thereof to be published at least once in the city record or a  newspaper
    23  in general circulation in the city, the first publication to be not less
    24  than  ten  nor  more than thirty days before the day set for the hearing
    25  required by this section. In addition, not less than ten nor  more  than
    26  thirty  days before the date set for the hearing, the city council shall
    27  cause a copy of the resolution or a summary thereof to be mailed to each
    28  owner of real property within the boundaries of the proposed project  at
    29  the  address  shown  on  the  latest city assessment roll, to such other
    30  persons as are registered with the city to receive tax bills  concerning
    31  real  property within the boundaries of the proposed project, and to the
    32  tenants of each building within the boundaries of the proposed  project.
    33  If the city council publishes or mails a summary of the resolution, such
    34  summary  shall  include the business address of the city clerk, a state-
    35  ment that copies of the resolution  shall  be  made  available  free  of
    36  charge  to  the  public,  the improvements proposed and the maximum cost
    37  thereof, the total annual amount proposed to be  expended  for  improve-
    38  ments,  maintenance and operation, and a statement indicating the rights
    39  of owners to object pursuant to subdivision b of this section.
    40    d. The resolution may further state the place,  other  than  the  city
    41  clerk's  office,  where  the project plan may be inspected in advance of
    42  the hearing, if the city council determines that, in the  public  inter-
    43  est, any additional place of inspection is necessary or desirable.
    44    § 25-507 Establishment  or  extension  of  the project. a. Not earlier
    45  than thirty days after the conclusion of the  last  day  of  the  public
    46  hearing  held pursuant to section 25-506 of this chapter, the city coun-
    47  cil shall determine:
    48    (1) whether the notice of hearing for all hearings required to be held
    49  was published and mailed as required by law and is otherwise sufficient;
    50    (2) except as otherwise provided in section 25-503  of  this  chapter,
    51  whether  all  the  real  property  within the boundaries of the proposed
    52  project or extension will benefit from the establishment or extension of
    53  the project;
    54    (3) whether all the real property benefited  is  included  within  the
    55  limits of the proposed project or extension; and

        S. 4040                             5

     1    (4)  whether  the  establishment or extension of the project is in the
     2  public interest.
     3    b.  (1)  If the city council shall determine the question of paragraph
     4  four of subdivision a of this section in the negative, or if the  requi-
     5  site  number  of owners shall have filed their objections as provided in
     6  section 25-506 of this chapter, the city council shall  adopt  a  resol-
     7  ution  disapproving the establishment or extension of the project, stat-
     8  ing the reasons for its determination and enter the same in the  minutes
     9  of  its  proceedings. Thereafter no plan for the establishment or exten-
    10  sion of a project to include any part of the  property  proposed  to  be
    11  included  in  the  disapproved  project  may  be prepared as provided in
    12  section 25-505 of this chapter until the expiration of at least one year
    13  from the date of disapproval.
    14    (2) If the city council shall find  that  notice  was  incorrectly  or
    15  insufficiently  given  or  that, except as otherwise provided in section
    16  25-506 of this chapter, any part or portion of the real property  within
    17  the  boundaries  of  the  proposed project or extension is not benefited
    18  thereby or that certain property benefited thereby has not been included
    19  therein, it shall call a further hearing at a definite  place  and  time
    20  not less than ten nor more than thirty days after this determination. In
    21  the  resolution  calling  such  hearing,  it shall specify the necessary
    22  changes, if any, to the boundaries of the proposed project or  extension
    23  to be made in order that, except as otherwise provided in section 25-503
    24  of this chapter, all of the real property and only that real property as
    25  is  deemed  benefited  shall  be  included  within the boundaries of the
    26  proposed project or extension. Such a  further  hearing  shall  also  be
    27  required  in  the  event  that  the  city  council proposes to amend the
    28  project plan to reduce improvements or services  or  provide  additional
    29  improvements  or services not included in the original plan prior to the
    30  establishment of the project. Notice of the  further  hearing  shall  be
    31  published  and  mailed  in the manner provided in section 25-506 of this
    32  chapter, except that, where boundaries are to be  altered,  this  notice
    33  shall also specify the manner in which it is proposed to alter the boun-
    34  daries  of  the proposed project or extension. The further hearing shall
    35  be conducted in the same manner as the original hearing.
    36    c. If and when the city council shall determine in the affirmative all
    37  of the questions set  forth  in  subdivision  a  of  this  section,  and
    38  provided  that the requisite number of owners shall not have objected as
    39  provided in section 25-506 of this chapter, it may  adopt  a  local  law
    40  approving  the  establishment or extension of the project as the bounda-
    41  ries shall be finally determined and the construction of the improvement
    42  or providing of the service in the project area. Such  local  law  shall
    43  become  effective only upon compliance with section 25-508 of this chap-
    44  ter.
    45    d. Upon the recommendation of the project management  association  and
    46  after  a  public  hearing, the city council may adopt a local law at any
    47  time prior to or after the establishment of  a  project  to  change  the
    48  method  of  assessment  as  set forth in the plan. Notice of such public
    49  hearing and a description of the proposed change shall be given  in  the
    50  manner set forth in section 25-506 of this chapter.
    51    § 25-508 Review  by  the  state  comptroller. a. The state comptroller
    52  shall review as provided in  this  section:  (1)  the  establishment  or
    53  extension of a project; and (2) the amendment of a project plan pursuant
    54  to subdivision c of section 25-510 of this chapter.
    55    b.  Within  twenty  days after the adoption of a local law by the city
    56  council pursuant to section 25-507 or subdivision c of section 25-510 of

        S. 4040                             6

     1  this chapter, the mayor shall forward the following information  to  the
     2  state comptroller at Albany, New York:
     3    (1)  an itemized statement of the then outstanding indebtedness of the
     4  city for all purposes, as evidenced by bonds, bond  anticipation  notes,
     5  capital  notes,  deferred  payment notes and budget notes; the amount of
     6  budgetary appropriations for the  payment  of  any  outstanding  indebt-
     7  edness,  whether  or  not appropriations have been realized as cash; the
     8  amount of indebtedness proposed to be contracted  for  the  improvement,
     9  and  the  amounts,  purposes and probable date of issuance of any bonds,
    10  bond anticipation notes, capital notes, deferred payment notes and budg-
    11  et notes which the city has authorized to be issued but  which  in  fact
    12  have not been issued to date;
    13    (2)  a  statement  of the total assessed valuation of the taxable real
    14  property situated in the proposed project or extension of a project,  as
    15  shown on the latest completed and four preceding assessment rolls of the
    16  city  and  of the amount of city real property taxes levied against such
    17  property in the preceding fiscal year;
    18    (3) a statement of the average full  valuation  of  the  taxable  real
    19  property  of  the  city  determined in accordance with the provisions of
    20  paragraph seven-a of section 2.00 of the local finance law; and
    21    (4) a statement, the form of which shall be determined  by  the  state
    22  comptroller,  attesting  that  the  provisions of this chapter have been
    23  met, signed and verified by the mayor.
    24    c. The state comptroller shall review the information submitted pursu-
    25  ant to paragraphs one, two and three of subdivision b of this section to
    26  determine that the tax and debt limitations provided in  section  25-512
    27  of  this  chapter will not be exceeded by the establishment or extension
    28  of the project.
    29    d. The state comptroller shall notify the city  of  such  state  comp-
    30  troller's  determination  within  sixty days of the receipt of the items
    31  specified in subdivision b of this section. Unless the state comptroller
    32  determines within such time that the tax and debt  limitations  provided
    33  in  section 25-512 of this chapter will be exceeded by the establishment
    34  or extension of the project or that the statement required by  paragraph
    35  four  of  subdivision  b  of  this  section  does  not  comply  with the
    36  provisions of such paragraph, the city may proceed with  the  establish-
    37  ment  or  extension  of  the project upon receipt of the notice from the
    38  state comptroller of such state comptroller's determination.
    39    e. Upon the city's compliance with any other requirements  established
    40  by law, the local law adopted pursuant to section 25-507 of this chapter
    41  shall become effective.
    42    § 25-509 Publication; filing; judicial review. a. The city clerk shall
    43  cause  a  certified  copy  of  the  local  law  adopted  pursuant to the
    44  provisions of this chapter establishing or  extending  any  project,  or
    45  increasing  the  maximum  total  amount  proposed to be expended for the
    46  improvement in any project or  extension,  or  changing  the  method  of
    47  assessment,  or  authorizing  the  project  to incur debt to provide for
    48  additional  improvements  or  services  within  the  boundaries  of  the
    49  project,  to be duly recorded in the city clerk's office within ten days
    50  after such local law becomes effective. When so recorded this local  law
    51  shall  be  presumptive evidence of the regularity of the proceedings for
    52  the establishment or extension of the project, of the proceedings insti-
    53  tuted for the construction of any improvement and of all  other  actions
    54  taken in relation to it.
    55    b.  Within  ten  days  after the local law becomes effective, the city
    56  clerk shall, in addition to any other filing required by  law,  cause  a

        S. 4040                             7

     1  certified  copy  thereof  to  be  filed in the office of the state comp-
     2  troller at Albany, New York, and within two weeks thereafter shall cause
     3  a copy of the local law or a summary thereof to be  published  at  least
     4  once  in  the  city  record or a newspaper of general circulation in the
     5  city.
     6    c. This local law shall be final and conclusive unless a proceeding to
     7  review is commenced in accordance  with  this  subdivision.  Any  person
     8  aggrieved  by  any  local  law adopted pursuant to this chapter may seek
     9  judicial review of the local law  in  the  manner  provided  by  article
    10  seventy-eight of the civil practice law and rules, provided the proceed-
    11  ing  is commenced within thirty days from the date of the publication of
    12  the copy or summary of the local law pursuant to subdivision b  of  this
    13  section.  No  review  shall  be  had unless the petitioner shall give an
    14  undertaking approved by the supreme court, or a justice thereof,  as  to
    15  form,  amount and sufficiency of sureties, that, in the event of failure
    16  to modify the local law, such petitioner will pay to the city all  costs
    17  and  expenses  as  are  incurred by it on account of the proceedings, as
    18  shall be determined by the court. In the event  that  upon  this  review
    19  there shall be any modification by the court of the local law, the court
    20  shall  direct  the  modification  by  judgment  which shall be final and
    21  conclusive, and the city clerk shall cause the judgment to  be  recorded
    22  and  filed  in the same places and manner as was the local law which was
    23  modified.
    24    § 25-510 Amendments to the project plan. a.  At  any  time  after  the
    25  establishment  or  extension  of a project pursuant to the provisions of
    26  this chapter, the project plan upon which the establishment or extension
    27  was based, may, upon the recommendation of the project management  asso-
    28  ciation, be amended by the city council after compliance with the proce-
    29  dures set forth in this section.
    30    b.  Amendments  to  the  project  plan  which  provide  for additional
    31  improvements or services or any change in the method of assessment  upon
    32  which  the project charge is based, or an increase only in the amount to
    33  be expended annually for improvements, services, maintenance and  opera-
    34  tion  may be adopted by local law, provided that the city council shall,
    35  after a public hearing, determine that it is in the public  interest  to
    36  authorize the additional improvements, services or increase in the maxi-
    37  mum annual amount and that the tax and debt limits prescribed in section
    38  25-512 of this chapter will not be exceeded. The city council shall give
    39  notice of the hearing by publication of a notice in at least one newspa-
    40  per  having general circulation in the district specifying the time when
    41  and the place where the hearing will be held and  stating  the  increase
    42  proposed  in  the  maximum  amount  to be expended annually. This notice
    43  shall be published once at least ten days prior to  the  date  specified
    44  for the hearing.
    45    c.  Amendments  to  the  project plan which provide for the project to
    46  incur indebtedness in order to provide for  additional  improvements  or
    47  which provide for an increase in the total maximum amount to be expended
    48  for  improvements in the district, may be adopted by local law, provided
    49  that the city council shall, after a public hearing, determine  that  it
    50  is in the public interest to authorize the project to incur indebtedness
    51  to  provide for additional improvements or to increase the maximum total
    52  amount to be expended for improvements in the project area and that  the
    53  tax  and  debt  limits prescribed in section 25-512 of this chapter will
    54  not be exceeded. Notice of the hearing shall be published and mailed  in
    55  the  manner  provided  in  section 25-506 of this chapter. The local law
    56  adopted pursuant to  this  subdivision  shall  not  be  effective  until

        S. 4040                             8

     1  reviewed  by  the state comptroller in accordance with section 25-508 of
     2  this chapter.
     3    § 25-511 Expense  of  the  project.  a.  The  expense  incurred in the
     4  construction or operation of any improvement or provision of  additional
     5  services in a project area pursuant to this chapter shall be financed in
     6  accordance  with the project plan upon which the establishment or exten-
     7  sion of the project was based. Services for which property owners within
     8  the boundaries of the project are charged pursuant to the plan  must  be
     9  in  addition to or an enhancement of those provided by the city prior to
    10  the project's establishment. The expense and cost apportioned  to  bene-
    11  fited  real  property in accordance with the plan shall be a charge upon
    12  each benefited parcel of real property  within  the  boundaries  of  the
    13  project.
    14    b.  The  charge  upon benefited real property pursuant to this chapter
    15  shall be imposed as  provided  in  the  project  plan.  If  the  formula
    16  includes  an ad valorem component, this component shall be determined by
    17  the assessed value of each parcel as entered  on  the  latest  completed
    18  assessment roll used by the city for the levy of general city taxes. The
    19  charge  shall be determined, levied and collected in the same manner, at
    20  the same time and by the same officers, as general city taxes are levied
    21  and collected.
    22    c. When a project has been established pursuant to this  chapter,  the
    23  city may, for the purpose of providing funds for making capital improve-
    24  ments  within  the  boundaries  of such project, issue and sell bonds or
    25  other municipal obligations as provided in the  local  finance  law  and
    26  other  applicable  laws and statutes. Principal and interest payments on
    27  these bonds or other municipal obligations may be made in  whole  or  in
    28  part  from  the proceeds of charges imposed upon benefited real property
    29  within the boundaries of the project.
    30    § 25-512 Tax  and  debt  limitations.  a.  The  aggregate  amount   of
    31  outstanding  indebtedness  that is incurred to provide funds for capital
    32  improvements pursuant to this chapter shall be  chargeable  against  the
    33  city's  constitutional  debt limit and may not exceed ten percent of the
    34  amount allowable under that limit. The aggregate amount  of  outstanding
    35  indebtedness  that is incurred to provide funds for capital improvements
    36  pursuant to this chapter and that is  chargeable  against  the  property
    37  within  the  district  may  not exceed seven percent of the average full
    38  valuation of taxable real property in the district.
    39    b. The project charge, exclusive of debt service, levied  in  a  given
    40  year  against  real  property  in  a  project area may not exceed twenty
    41  percent of the total general city taxes levied in that year against  the
    42  taxable  real property in the project area. The project charge so levied
    43  shall be included in the total amount, if any, that the city is  permit-
    44  ted by law to raise in that year by a tax on real property.
    45    § 25-513 Expenditure  of  project funds. a. The proceeds of any charge
    46  imposed pursuant to this chapter shall be held by  the  comptroller  and
    47  shall  be separately accounted for in the books and records of the city.
    48  None of the proceeds collected pursuant to this chapter  shall  be  used
    49  for  any  purposes other than those set forth in the project plan. These
    50  funds may be paid out for project purposes in accordance with the gener-
    51  al procedures for payment of other city expenditures.
    52    b. All contracts for improvements, goods or services  to  be  provided
    53  for the project shall be subject to all applicable provisions of the law
    54  relating to the letting of contracts by the city.
    55    § 25-514 Project  management  association. a. There shall be a project
    56  management association for each  project  established  pursuant  to  the

        S. 4040                             9

     1  provisions  of  this chapter (which shall pursuant to the not-for-profit
     2  corporation law have one  or  more  classes  of  membership,  voting  or
     3  nonvoting)  for  the  purpose  of carrying out such activities as may be
     4  prescribed  in  the  plan. Notwithstanding any inconsistent provision of
     5  paragraph (e) of section six hundred eleven of the not-for-profit corpo-
     6  ration law, the certificate of incorporation or by-laws of such  associ-
     7  ation  shall provide for voting representation of owners of property and
     8  tenants within the boundaries of the project, and may provide  that  the
     9  votes  of  members  who are property owners be weighted in proportion to
    10  the assessment levied or to be levied against the properties within  the
    11  boundaries  of  the  project,  provided  that in no case shall the total
    12  number of votes assigned to any one such member or to any number of such
    13  members under common ownership or control exceed thirty-three  and  one-
    14  third percent of the total number of votes which may be cast.
    15    b.  The  board  of  directors  of the association shall be composed of
    16  representatives of owners and  tenants  within  the  boundaries  of  the
    17  project, provided, however, that not less than a majority of its members
    18  shall  represent owners, and provided further that tenants of commercial
    19  space and dwelling units within the boundaries of the project shall also
    20  be represented on the board. The board shall include, in addition,  four
    21  members,  one  member appointed by each of the following: the mayor, the
    22  comptroller, the borough president of the borough in which  the  project
    23  is  located  and the council member representing the council district in
    24  which the proposed project is located, or if  the  proposed  project  is
    25  located  in  more  than one council district, by the speaker of the city
    26  council after consultation with the  council  members  representing  the
    27  council  districts  in  which the proposed project is located. The addi-
    28  tional four members shall serve as the incorporators of the  association
    29  pursuant  to  the not-for-profit corporation law. The association may be
    30  incorporated prior to the effective  date  of  any  project  established
    31  pursuant to this chapter.
    32    c. In addition to such other powers as are conferred on it by law, the
    33  project  management  association  may  make  recommendations to the city
    34  council with respect to any matter involving or relating to the project.
    35    d. For such consideration as it may deem  appropriate  and  consistent
    36  with  the powers granted pursuant to section 25-504 of this chapter, the
    37  city council may license or grant to the project management  association
    38  the  right to undertake or permit commercial activities or other private
    39  uses of the streets or other parts of the project area in which the city
    40  has any real property interest.
    41    § 25-515 Dissolution. a. Any project established or extended  pursuant
    42  to  the  provisions  of  this  chapter,  where there is no indebtedness,
    43  outstanding and unpaid, incurred to accomplish any of  the  purposes  of
    44  the  project, may be dissolved by local law of the city council upon its
    45  own motion or upon the written petition of (1) the owners  of  at  least
    46  fifty-one  percent  or more of the total assessed valuation of all bene-
    47  fited real property included in the boundaries of the district  and  (2)
    48  at  least  fifty-one  percent  of  the owners of benefited real property
    49  within the area included in the project. The city council shall  request
    50  and  consider  the recommendations of the project management association
    51  concerning any proposed dissolution; provided that  if  the  association
    52  has  not submitted recommendations to the city council within sixty days
    53  after request therefor, the city council may  adopt  any  such  proposed
    54  dissolution  without  considering  such recommendations. In the event of
    55  dissolution, all assets of the project shall revert to the city.

        S. 4040                            10

     1    b. A certified copy of the order of dissolution shall  be  filed  with
     2  the state comptroller at Albany, New York.
     3    § 25-516 Severability. If any provision of any section of this chapter
     4  or  the  application  thereof  to  any  person  or circumstance shall be
     5  adjudged invalid by any court of competent jurisdiction, such  order  or
     6  judgment  shall be confined in its operation to the controversy in which
     7  it was rendered and shall not affect or invalidate the remainder of  any
     8  provisions of any section of this chapter or the application of any part
     9  thereof  to  any  other  person  or  circumstance  and  to  this end the
    10  provisions of each section of this chapter are  hereby  declared  to  be
    11  severable.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
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