1. The Laws of New York
  2. Unconsolidated Laws
  3. Port of Albany 192/25


Section 8 No title

Port of Albany 192/25 (POA)

In the preparation of its comprehensive plan of port development provided for in this act, the commission shall incorporate existing facilities as an integral part thereof, so far as practicable. If the commission shall determine as part of such plan that the district shall construct any port facilities or contribute to the cost of such facilities to be constructed by any municipality, the plan shall contain specifications of all such work, estimates of the cost of each and an estimate of the total cost, including the cost of acquiring necessary real property; and the total cost of such work, and amount of such contributions shall be borne by all the municipalities in the district, except as hereinafter provided. The commission also shall make a tentative determination and shall annex to and file with such specifications and estimates a statement showing the proportion of benefit to each municipality in the district from such improvements, regard being had to the special benefit to the municipality in which any district part of such work is to be done, and from the estimated annual average expenditures of the commission, other than for construction work, for a period of three years. Such proportions shall be expressed in decimals. The development of such port shall be deemed and is hereby declared to be a public, municipal purpose of each city, in the district, to the extent of the local benefits accruing and to accrue therefrom. Such decimal, with respect to any municipality, shall represent the proportion of the total cost to be borne by it, and shall be the proportion of the total amount to be raised annually by tax on the taxable property in the municipality of the portion of such cost to be provided annually, of the annual expenses of the commission other than for construction work and contributions to municipal construction, and of any installment of principal and interest of any obligation of the district next to become due. At the end of each three year period, new estimates shall be made of the expenses of the commission, other than for construction work and such contributions, for the ensuing three years, and, if necessary, such apportionment shall be revised. It may also be revised if there be subsequent construction work, not contemplated by the original comprehensive plan, by which the relative benefits of the whole work to the several municipalities are altered. Notwithstanding, however, any provisions of this act, the entire cost of construction of any port facilities within the city of Albany or upon land owned by said city, including the cost of acquiring the necessary real property therefor, shall be borne by the city of Albany. Before any apportionment under this section, or revision thereof, shall be deemed final, the commission shall cause its determination as to such apportionment to be published in at least two daily newspapers in the district, twice in each week for two weeks, and shall therewith give notice of a public hearing on such apportionment, to be held not less than ten days after the last publication. It shall also give notice to each municipality by mailing a notice setting forth the time and place of such hearing, which said notice shall be mailed to the mayor, and the corporation counsel of each municipality at least ten days before the day of such hearing. It shall give such a hearing and the representatives of the governing body of a municipality and any taxpayer in the district may be heard for or in opposition to such apportionment. After such hearing the commission shall file in the office of the clerk of each such municipality its final determination, either affirming such original apportionment or modifying it and affirming it as modified.