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Home » US Law » 2022 New York Laws » Consolidated Laws » GMU - General Municipal » Article 19-A - Business Improvement Districts

980 – Definitions.

§ 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 […]

980-A – Contents of the District Plan.

§ 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) […]

980-B – Local Adoption of Article.

§ 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.

980-C – Local Legislative Powers.

§ 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 […]

980-D – District Plan.

§ 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 […]

980-E – Notice and Hearing.

§ 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 […]

980-F – Establishment or Extension of the District.

§ 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 […]

980-G – Review by the State Comptroller.

§ 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 […]

980-H – Publication; Filing; Judicial Review.

§ 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 […]

980-I – Amendments to the District Plan.

§ 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 […]

980-J – Expense of the District.

§ 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 […]

980-K – Tax and Debt Limitations.

§ 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 […]

980-L – Expenditure of District Funds.

§ 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 […]

980-M – District Management Association.

§ 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 […]

980-N – Cooperative Operation and Management of Business Improvement Districts.

§ 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 […]

980-O – Dissolution.

§ 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) […]

980-P – Existing Districts.

§ 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 […]

980-Q – Severability.

§ 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 […]