§ 8 — No title

New York § 8

• Jurisdiction: New York
• Law POA: Port of Albany 192/25

Text

§ 8. In the preparation of its comprehensive plan of port development\nprovided for in this act, the commission shall incorporate existing\nfacilities as an integral part thereof, so far as practicable. If the\ncommission shall determine as part of such plan that the district shall\nconstruct any port facilities or contribute to the cost of such\nfacilities to be constructed by any municipality, the plan shall contain\nspecifications of all such work, estimates of the cost of each and an\nestimate of the total cost, including the cost of acquiring necessary\nreal property; and the total cost of such work, and amount of such\ncontributions shall be borne by all the municipalities in the district,\nexcept as hereinafter provided. The commission also shall make a\ntentative determination and shall annex to and file with such\nspecifications and estimates a statement showing the proportion of\nbenefit to each municipality in the district from such improvements,\nregard being had to the special benefit to the municipality in which any\ndistrict part of such work is to be done, and from the estimated annual\naverage expenditures of the commission, other than for construction\nwork, for a period of three years. Such proportions shall be expressed\nin decimals. The development of such port shall be deemed and is hereby\ndeclared to be a public, municipal purpose of each city, in the\ndistrict, to the extent of the local benefits accruing and to accrue\ntherefrom. Such decimal, with respect to any municipality, shall\nrepresent the proportion of the total cost to be borne by it, and shall\nbe the proportion of the total amount to be raised annually by tax on\nthe taxable property in the municipality of the portion of such cost to\nbe provided annually, of the annual expenses of the commission other\nthan for construction work and contributions to municipal construction,\nand of any installment of principal and interest of any obligation of\nthe district next to become due. At the end of each three year period,\nnew estimates shall be made of the expenses of the commission, other\nthan for construction work and such contributions, for the ensuing three\nyears, and, if necessary, such apportionment shall be revised. It may\nalso be revised if there be subsequent construction work, not\ncontemplated by the original comprehensive plan, by which the relative\nbenefits of the whole work to the several municipalities are altered.\nNotwithstanding, however, any provisions of this act, the entire cost of\nconstruction of any port facilities within the city of Albany or upon\nland owned by said city, including the cost of acquiring the necessary\nreal property therefor, shall be borne by the city of Albany. Before any\napportionment under this section, or revision thereof, shall be deemed\nfinal, the commission shall cause its determination as to such\napportionment to be published in at least two daily newspapers in the\ndistrict, twice in each week for two weeks, and shall therewith give\nnotice of a public hearing on such apportionment, to be held not less\nthan ten days after the last publication. It shall also give notice to\neach municipality by mailing a notice setting forth the time and place\nof such hearing, which said notice shall be mailed to the mayor, and the\ncorporation counsel of each municipality at least ten days before the\nday of such hearing. It shall give such a hearing and the\nrepresentatives of the governing body of a municipality and any taxpayer\nin the district may be heard for or in opposition to such apportionment.\nAfter such hearing the commission shall file in the office of the clerk\nof each such municipality its final determination, either affirming such\noriginal apportionment or modifying it and affirming it as modified.\n