12/14/99 Bill Draft 03357-11-0
LBDC B 21:
*CORPS*
(Amends chapter 899 of the laws of 1984 relating to the Roosevelt Island
operating corporation)
Corps. ch 899/84 roosvlt islnd
By
Amend ASSEMBLY BILL NO. 7280 as follow
AN ACT to amend chapter 899 of the laws of 1984, relating to the creation of
the Roosevelt Island operating corporation, in relation to the management
of such corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 899 of the laws of 1984, relating to the creating
2 of the Roosevelt Island operating corporation, subdivision 5 of section
3 3 as amended by chapter 55 of the laws of 1992, section 8 as amended by
4 chapter 770 of the laws of 1988 and paragraph 2 of subdivision a of section
5 8 as amended by chapter 804 of the laws of 1990, is amended to
6 read as follows:
7 Section 1. LEGISLATIVE DECLARATION. The legislature hereby finds,
8 determines and declares that: (a) the city of New York and the New York
9 state urban development corporation have entered into a lease and
10 related agreements providing for the urban development corporation to
11 use its statutory powers to create on Roosevelt Island a new community
12 which would retain and heighten the benefits of urban living while
13 preserving a sense of scale and open space for Roosevelt Island
14 residents and New York city as a whole; (b) the urban development
15 corporation and its successors have constructed the first phases
16 of the island's development, including public facilities, pursuant to
17 a general development plan for Roosevelt Island,
18 updated from time to time, which plan contemplates significant
19 future development on the island, including the provision of additional
20 housing, commercial, civic, recreational and other facilities; (c)
21 the urban development corporation
22 has transferred all its rights and obligations with respect to
23 the development, operation and supervision of both such existing and
24 such proposed development to a public benefit corporation which
25 has been under the supervision of the commissioner of housing and
26 community renewal; and (d) it is in the public interest that
27 the public benefit corporation plan, design, develop, operate, maintain,
28 and manage Roosevelt Island, and have vested in
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1 it such powers as are necessary or convenient to effectuate those functions,
2 and that the division of housing and community renewal be authorized
3 to assist such corporation in the
4 performance of its duties with respect to Roosevelt Island.
5 §2. DEFINITIONS. As used in this act, the following terms shall have
6 the following meanings:
7 1. "City" shall mean the city of New York.
8 2. "Commissioner" shall mean the commissioner of housing and
9 community renewal.
10 3. "Community election" shall mean an election held on Roosevelt Island for the
11 purpose of electing the public members to the Roosevelt Island
12 operating corporation as required by section 3 of this act.
13 Community elections are to be held at the same time as a general election
14 held in an odd numbered year. Such community election shall be
15 conducted by paper ballot. The corporation shall select an entity to be
16 responsible for conducting, monitoring and certifying the election,
17 except in the initial election. For the initial election, the existing
18 board shall select an entity to be responsible for conducting monitoring
19 and certifying the election.
20 4. "Corporation" shall mean the Roosevelt Island operating corporation
21 created by section three of this act.
22 5. "Development subleases" shall mean (a) the sublease dated
23 August 1, 1980 between the urban development
24 corporation and the city, (b) the ground lease, dated October
25 30, 1972, between the urban
26 development corporation and North Town Phase II Houses, Inc., (c) the
27 ground lease, dted April
28 25, 1973, between the urban development corporation and North Town Phase
29 III Houses, Inc., (d) the restated ground lease, dated November
30 30, 1977, between the urban
31 development corporation and Rivercross Tenants' Corporation, and (e) the
32 ground lease between the corporation and Manhattan Park dated August 4,
33 1986 and all other related leases.
34 6. "Division" shall mean the New York state division of housing
35 and community renewal.
36 7. "Lease" shall mean the lease, dated December
37 23, 1969, as heretofore or hereafter
38 amended, among the city of New York, the New York state urban development
39 corporation and the Roosevelt Island development corporation,
40 pursuant to which the city leased substantially all of Roosevelt Island
41 to the New York state urban development corporation for development
42 substantially in accordance with the development plan referred to there in.
44 8. "Resident" shall mean, for the purpose of section three of
45 this act, a person over the age of eighteen residing on Roosevelt Island
46 for a period of not less than one year immediately preceding any
47 election held to select directors to the Roosevelt Island operating
48 corporation board including any election held to fill a vacancy to
49 the Roosevelt Island operating board as required by subdivision
50 two of section three of this act.
51 9 "Roosevelt Island" shall mean the island located in the East River,
52 city and county of New York, extending from approximately fiftieth
53 street to eighty-sixth street in Manhattan.
54 10. "Safe affordable housing for everyone, inc." shall mean the
55 New York corporation organized under article 6-A of the private
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1 housing finance law and under the supervision and control of the commissioner.
3 11. "Tramway franchise" shall mean the franchise for the Roosevelt
4 Island tramway granted by the city to the urban development
5 corporation on February 19, 1974.
6 12. "Urban development corporation" shall mean the New York
7 state urban development corporation and any successor agency.
8 §3. ESTABLISHMENT OF CORPORATION; ORGANIZATION OF BOARD. 1.
9 To effectuate the purposes and provisions of this act, there is hereby
10 created the "Roosevelt Island operating corporation, which shall be
11 a body corporate and politic constituting a public benefit corporation
12 and a political subdivision of the state of New York.
13 2. The board of directors of the Roosevelt Island operating
22 corporation shall be composed of thirteen directors eleven of whom
23 shall be bonafide residents of Roosevelt Island. Of the thirteen directors
24 nine shall be elected; two shall be residents of Eastwood, one
25 shall be a resident of Westview, one shall be a resident of Island
26 House, one shall be a resident of Rivercross, two shall be residents of
27 Manhattan Park, one shall be the duly elected president of the Roosevelt
28 Island residents association, one shall be the duly elected first vice
29 president of the Roosevelt Island residents association, two shall be
30 appointed by and serve at the pleasure of the mayor of the city and the
31 director of the budget and the commissioner shall be members. When the
32 southtown housing development is constructed, the board of directors
33 shall be expanded by one member from among the first occupants meeting
34 the requirements to vote or run for a seat on the board of directors.
35 This representation shall be expanded to two members residing in southtown
36 upon the residential occupancy of the completed project. The board
37 of directors shall have the power to add members to the board of directors
38 when and if residential developments other than southtown are constructed
39 on Roosevelt Island. The initial community election shall
40 be held on the first general election next succeeding the effective date
41 of this amended subdivision, and the first meeting of the newly elected
42 board for the purpose of assuming the office itself shall be held within
43 ten days following such election. Except for the director
44 of the budget and the commissioner, who shall serve as long as they hold
45 respective offices, each diretor shall serve for a term of four
46 years and until a successor shall have been {appointed and shall have
53 assumed the office except that in order to create a board with staggered
54 terms, of the nine residents originally elected to the
55 board, the four persons receiving the lesser number of votes shall serve until
56 the next general election in an odd numbered year, and the five residents
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1 with the larger number of votes shall serve until the second
2 general election in an odd numbered year. At the first meeting following
3 each biennial election, the board shall elect a chairperson and
4 vice-chairperson to serve for a two year term until the directors elected at
5 the next election assume office. Any action taken by the directors of
6 the corporation shall be taken by a majority vote of the directors then
7 in office. Vacancies that occur in the board shall be filled by a
8 majority vote of the remaining directors on an interim basis until the
9 next general election in an odd numbered year. The elected public officials
10 who represent Roosevelt Island shall be representatives to the
11 board of directors of the corporation entitled to receive notice of and attend all
12 meetings of such board but shall not be entitled to vote.
13 Failure to give such notice shall not affect the validity of any action
14 taken at a meeting of such board. All meetings at which three or more
15 board members are present shall be open to the public, with
16 notice of time and place of the meeting posted prominently in a public
17 place designated for such postings at least three business days prior to
18 the meeting, except in the event of an emergency, which action shall be
19 ratified by the board at the next following regular meeting.
22 3. Any resident, as defined by subdivision eight of section
23 two of this act, may run for the position of director and must file a
24 notice of intent with the entity designated by the board to conduct,
25 monitor and certify the election, as prescribed by subdivision three of
26 of section two of this act, in a time and manner specified by such entity,
27 except in the initial election. In the initial election any resident,
28 may run for director by filing a notice of intent with the caretaker
29 board thirty days prior to the election.
30 4. Except for the director of the budget and the commissioner, any
31 member of the corporation may be removed for cause,
32 upon a two thirds vote of the remaining board members, but not without
33 an opportunity to be heard, in person or by counsel, in his defense,
34 upon not less than ten daysþ written notice.
35 5. The commissioner and the director of the budget may each designate
36 an officer or employee of his respective division to represent such
37 member at meetings of the corporation. Such designation shall be by
38 written notice filed with the chairman or the secretary of the corporation
39 by the member making the designation, and may be revoked at any
40 time by similar notice. Any representative so designated shall have the
41 power to attend and to vote at any meeting of the corporation from which
42 the member making the designation is absent with the same force and
43 effect as if the member making the designation were present and voting.
44 No such designation shall limit the right of the member making the
45 designation to attend and vote in person at any meeting of the corporation.
47 6. A director of the corporation
48 shall not receive a salary
49 or other compensation, but shall be entitled to reimbursement for actual
50 and necessary expenses incurred in the performance of official duties as
51 a director. A
52 director of the corporation may
53 engage in private employment or in a profession or business, unless
54 otherwise prohibited by law from doing so. Notwithstanding any other
55 provision of law, general, special, or local, no officer or employee of
56 the state or any civil division thereof shall be deemed to have
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1 forfeited, or shall forfeit such office of employment because of acceptance
2 of membership in the corporation, or by virtue of being an officer,
3 employee or agent thereof.
4 §4. POWERS OF CORPORATION. The orporation's powers shall be limited
5 to carrying out the development, management and operation of Roosevelt
6 Island. In carrying out such development, management and operation,
7 the corporation shall have the power to:
8 1. Sue and be sued;
9 2. Have a seal and alter same at pleasure;
10 3. Make and alter by-laws for its organization and internal management
11 and make rules and regulations governing the use of its property and
12 facilities;
13 4. Make and execute contracts and all other instruments necessary or
14 convenient for the exercise of its powers and functions under this act.
15 Purchases and contracts involving the expenditure of five thousand
16 dollars or more over a period of time shall be awarded by the board of
17 directors to the lowest responsible bidder thereon only after the
18 receipt of sealed bids or proposals called for by at least ten days of
19 advertisement in a publication generally available to the potential
20 bidders for the item. Sealed bids shall not be required if the item to
21 be purchased can only be supplied from one supplier, or if necessary to
22 cope with an emergency situation declared as such by a competent authority;
24 5. Acquire in the name of the corporation by purchase, grant or gift,
25 or by the exercise of the power of eminent domain pursuant to the
26 eminent domain procedure law, or otherwise, real or personal property,
27 or any interest therein deemed necessary or desirable for the development,
28 management or operation of Roosevelt Island, including, without
29 limitation, leasehold interest, air and subsurface rights, easements and
30 lands under water at the site of Roosevelt Island or in the general
31 vicinity thereof, and to subject such property or interest therein to a
32 purchase money or other lien or security interest in connection with the
33 acquisition and development thereof, provided that the corporation shall
34 have no authority or power to issue any notes, bonds or other debt obligations,
35 whether for the purpose of financing the development of Roosevelt
36 Island or otherwise;
37 6. Hold and dispose of real or personal property for its corporate
38 purposes;
39 7. Appoint officers, agents and employees, prescribe their duties and
40 fix their compensation in accordance with a staffing and compensation
41 plan submitted to and approved by the board
42 of directors; and shall hire a general manager with broad general managerial
43 experience, who shall be responsible to the board for carrying
44 out the policies of the board.
45 8. Engage the services of private consultants on a contract basis for
46 rendering professional and technical assistance advice;
47 9. Procure insurance against any loss in connection with its activities,
48 properties and other assets, in such amount and from such insurers
49 as it deems desirable;
50 10. Charge and collect fees, rents and other charges for the occupancy
51 or other use of real or personal property owned, operated, managed or
52 regulated by the corporation;
53 11. Accept any gifts or grants of money or property, or financial or
54 other aid in any form, from the federal government, the state, or the
55 city (or any instrumentality of any such government) or from any other
56 source and, subject to the provisions of this act and other applicable
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1 law, to comply with any conditions of such assistance and execute any
2 contracts or other instruments in connection therewith;
3 12. Invest any funds of the corporation , or any monies under its
4 custody and control not required for immediate use or disbursement, at
5 the discretion of the corporation, in obligations of the state or the
6 United States government or obligations the principal and interest of
7 which are guaranteed by the state or the United States government, or in
8 any other obligations in which the comptroller of the state is authorized
9 to invest pursuant to section 98 of the state
10 finance law;
11 13. Enter into such agreements with the state, the urban development
12 corporation and the city as the parties thereto deem appropriate to
13 effectuate the provisions of this act;
14 14. Assume and perform the obligations and responsibilities of the
15 urban developmen corporation under the lease, the tramway franchise,
16 and all other contracts, leases, and agreements heretofore entered into
17 by the urban development corporation relating to the development,
18 management and operation of Roosevelt Island (except that the
19 corporation shall not assume any of the rights, duties and responsibilities
20 of the urban development corporation in relation to any bonds or notes
21 issued, or mortgages or security agreements held, by the urban development
22 corporation or any of its subsidiaries) and exercise all of the
23 rights of the urban development corporation with respect thereto;
24 15. Supplement any of the services provided by other governmental
25 agencies in such a way that will make the services to residents of
26 Roosevelt Island better and more complete than otherwise possible; and
27 16. Do and perform all other acts necessary or convenient to carry out
28 the foregoing in connection with the development, management or
29 operation of Roosevelt Island.
30 §5. RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN
31 AMENDMENTS; APPLICABILITY OF LOCAL LAWS. 1. The corporation shall
32 promulgate such rules and regulations as it shall deem appropriate to provide an
33 opportunity for residents of Roosevelt Island to comment upon any major
34 amendment of the development plan for Roosevelt Island referred to in
35 the lease at a public hearing held prior to its adoption by the corporation.
39 2. The corporation shall
40 not enter into any agreement for the design or construction of any
41 improvement provided for in any amendment prior to
42 approval by the board of directors.
43 3. The requirements of all local laws, ordinances, codes, charters or
44 regulations shall be applicable to the construction, alteration or
45 improvement of any building or structure on Roosevelt Island, provided
46 that the corporation may, in lieu of such compliance, determine that the
47 requirements of the New York state uniform fire prevention and building
48 code, formulated by the state fire prevention and building code council
49 pursuant to article eighteen of the executive law, shall be applicable
50 to such work. In the event of such compliance with the New York state
51 uniform fire prevention and building code, the city shall have no power
52 to modify any drawings, plans or specifications for such work or for the
53 plumbing, heating, lighting or other mechanical branches thereof, or to
54 require that any person, firm or corporation employed on any such work
55 perform the same except as provided by such plans and specifications or
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1 obtain any additional authority, approval, permit or certificate from
2 the city in connection therewith.
3 §6. POWERS AND DUTIES OF URBAN DEVELOPMENT CORPORATION;
4 LEASE AND TRAMWAY FRANCHISE. 1. The corporation shall perform all
5 obligations of the urban development corporation or any of its subsidiaries with
6 respect to the development, management and operation of Roosevelt
7 Island, including, without limitation, all such obligations arising
8 under the lease and the tramway franchise.
9 2. The urban development corporation, the division and the corporation
10 shall each use their best efforts to obtain any required consents to the
11 assignment of the lease and the tramway franchise from the urban development
12 corporation to the corporation and to any other assumption by the
13 corporation of the obligations of the urban development corporation or
14 any of the subsidiaries under any other contracts, leases, agreements or
15 instruments entered into by the urban development corporation, or any
16 such subsidiary, relating to the development, management or operation of
17 Roosevelt Island (other than any bonds or notes issued or mortgages or
18 security agreements held, by the urban development corporation or any of
19 its subsidiaries) and, upon obtaining such consents, the corporation and
20 the urban development corporation shall enter into such agreements and
21 take such actions as shall be necessary to effectuate such assignments
22 and assumptions, provided that in order to permit the urban development
23 corporation to recover the investment which it has heretofore mad in
24 the development of Roosevelt Island, such agreements shall provide
25 appropriate assurances satisfactory to the urban development corporation
26 (a) for the prompt payment directly to the urban development corporation
27 of (i) all sums from time to time due from lessees under the development
28 subleases and (ii) all sums received by the corporation from the city in
29 connection with the termination of the lease, and (b) for the amending
30 or supplementing of the development subleases to the extent, if any,
31 necessary to protect the rights of the holders of any mortgages on the
32 leasehold interests created thereunder. Nothing in this act shall (a)
33 constitute or authorize an assignment by the urban development corporation
34 (or any subsidiary thereof) of any mortgage or security interest
35 held by the urban development corporation (or any such subsidiary) on
36 any real or personal property or interest therein on Roosevelt Island or
37 any rights or obligations of the urban development corporation (or any
38 such subsidiary) arising under any such mortgage or security agreement,
39 (b) relieve the urban development corporation of any of its obligations
40 under any bonds heretofore issued by the urban development corporation,
41 or (c) otherwise affect the interests of the holders of any such bonds.
42 3. All revenues (other than state appropriations) derived from the
43 contracts, leases, agreements or instruments assigned to or assumed by
44 the corporation pursuant to subdivision two of this section shall be
45 applied first to the payment of those obligations assigned to or assumed
46 by the corporation
47 4. The urban development corporation and the corporation are hereby
48 authorized to enter into such agreements with the city as the corporation
49 shall determine to be appropriate to amend, reform or supplement
50 the lease (including the development plan referred to therein) and the
51 tramway franchise in order to carry out the purposes of this act. The
52 provisions of any general, special or local law notwithstanding, the
53 city is hereby authorized
54 to enter into any such agreements with the corporation and
55 the urban development corporation.
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1 §7. EQUAL EMPLOYMENT OPPORTUNITIES. 1. The corporation shall not
2 discriminate against employees or applicants for employment because of
3 race, creed, color, national origin, sex, age, disability or marital
4 status, and will undertake or continue programs of affirmative action to
5 ensure that minority group persons and women are afforded equal
6 opportunity without discrimination. Such action shall be taken with
7 reference, but not be limited, to recruitment, employment, job assignment,
8 promotion, upgrading, demotion, transfer, layoff, termination,
9 rate of pay or other forms of compensation, and selections for training
10 or retraining, including apprenticeship and on-the-job training. Subject
11 to any collective bargaining agreement in effect, all persons who have
12 completed a probationary period with and are then employed by the
13 corporation as of January first next succeeding the effective date of this
14 amended section may apply for and shall be given preference in filling
15 positions on the revised table of organization created by the
16 corporation.
17 2. The corporation shall request each employment agency, labor union,
18 or authorized representative of workers with which it has a collective
19 bargaining or other agreement or understanding, to furnish a written
20 statement that such employment agency, labor union or representative
21 shall not discriminate because of race, creed, color, national origin,
22 sex, age, disability or marital status and that such union or representative
23 will cooperate in the implementation of the corporation's obligations
24 hereunder.
25 3. The corporation shall state, in all solicitations or advertisements
26 for employees placed by or on behalf of the corporation, that all qualified
27 applicants will be afforded equal employment opportunity without
28 discrimination because of race, creed, color, national origin, sex, age,
29 disability or marital status.
30 4. The corporation shall seek meanngful participation by minority
31 business enterprises in the programs of the corporation and shall
32 actively and affirmatively promote and assist their participation in the
33 corporation's programs, so as to facilitate the award of a fair share of
34 contracts to such enterprises. For purposes hereof, "minority business
35 enterprise" shall mean any business enterprise which is at least fifty-one
36 per centum owned by, or in the case of a publicly owned business, at
37 least fifty-one per centum of the stock of which is owned by, citizens
38 or permanent resident aliens who are Black, Hispanic, Asian, American
39 Indian or women, and such ownership interest is real, substantial and
40 continuing.
41 §8. a. NOTICE OF CLAIMS. 1. The state shall indemnify and hold
42 harmless the corporation, urban development corporation and safe affordable
43 housing for everyone, inc., and pursuant to section 17 of
44 the public officers law, their respective officers, directors and
45 employees, from and against any and all liability, claim, loss, damage,
46 suit or judgment and any and all costs and expenses (including, but not
47 limited to, counsel fees and disbursements) that such corporations or
48 their officers, directors or employees may suffer or incur, whether
49 before or after the date hereof, as a result of either (a) the development,
50 management or operation of Roosevelt Island or (b) the performance
51 or non-performance by the division of any of its obligations or duties
52 with respect to Roosevelt Island. All of the provisions of section
53 {seventeen of the public officers law which are not inconsistent with
54 this section shall apply to the officers, directors, and employees of
55 such corporations, including the provisions relating to the defense by
56 the attorney general or private counsel of any civil action and the
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1 payment of legal costs incurred in connection with the defense of
2 any such action. Any member, officer or employee of such corporations seeking
3 to be saved harmless or indemnified or to claim any other benefits
4 available pursuant to this section or section 17 of the
5 public officers law shall comply with the procedural requirements of
6 such section seventeen}. As used in this section the terms "member",
7 officer" and "employee" shall include a former member, officer or
8 employee, his estate or judicially appointed personal representative.
9 2. A notice of claim, served in accordance with the provisions of
10 section 50-e of the general municipal law, shall be a condition
11 precedent to the commencement of an action against the corporation,
12 its officers, directors and employees. No such action shall be commenced
13 more than one year after it has accrued, except that an action against
14 the corporation for wrongful death shall be commenced within the notice
15 of claim and time limitation provisions of title 11 of article
16 9 of the public authorities law.
17 b. 1. Notwithstanding the provisions of section
18 113 of the retirement and social security law and any other general,
19 special or local law, the Roosevelt Island operating corporation
20 shall provide to persons employed by the Roosevelt Island operating
21 corporation any retirement, disability, death or other benefits provided
22 or required pursuant to any agreement with a labor union of which its
23 employees are members, and the Roosevelt Island operating corporation is
24 hereby authorized to retroactively or in the future make such contributions
25 as may be necessary to provide such benefits.
26 2. For purposes of the retirement and social security law, persons
27 employed by the Roosevelt Island operating corporation and to whom
28 the Roosevelt Island operating corporation provides any retirement, disability,
29 death and other benefit required pursuant to any agreement with a
30 labor union of which its employees are members, shall be deemed not to
31 be employees of the Roosevelt Island operating corporation. Such other
32 persons who are employees of the Roosevelt Island operating corporation
33 as of the effective date of this act shall be eligible to receive credit
34 under the retirement ad social security law for previous service with
35 the entities (or where applicable, their subsidiaries) made subject to
36 section 17 of the public officers law by subdivision a of
37 this section.
38 §9. ANNUAL BUDGET AND REPORT. 1. On or before September
39 15, 1984 on each September fifteenth
40 thereafter, the general manager of the corporation shall make
41 and deliver to the director of the budget for his or her review and to
42 the board of directors a proposed budget for the operation of the corporation
43 for the next fiscal year of the state. The general
44 manager of the corporation shall also deliver a copy of such budget to
45 the chairman of the senate finance committee and the chairman of the
46 assembly ways and means committee at the same time that the budget is
47 delivered to the director of the budget. The budget shall include the
48 total amount needed for corporate purposes, including the funds required
49 by the corporation for operation of Roosevelt Island facilities and
50 improvements, the source of all funds that the corporation expects to
51 receive and such other information as the director of the budget shall
52 require, or as may be required by the board of directors. Up until
53 the fiscal year next succeeding the date on which the master plan for
54 the development of Roosevelt Island is completed, the governor shall
55 recommend in his annual budget such appropriations to the corporation
56 for its capital needs and operations(a) which are identified in the
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1 audits conducted pursuant to section seventeen of this chapter. (b) for
2 for capital projects approved by the board of directors in a fiscal year
3 which in the aggregate, exceed five hundred thousand dollars, less five
4 five hundred thousand dollars which shall be the responsibility of the corporation,
5 and (c) such other amounts as he or she deems necessary. The
6 board of directors shall meet the requirements of subdivision two of
7 this section with respect to notice and a public hearing before a vote
8 on the budget may be held. For the purposes of this section, the master
9 for the development of Roosevelt Island shall be deemed complete
10 when the board of directors, the director of the budget and the commissioner
11 submit a written certification of its completion to the governor,
12 the chairman of the senate finance committee and the chairman of the
13 assembly ways and means committee.
14 2. The general manager shall publish in a paper of general circulation
15 within the community a date for a public hearing and a notice that the
16 proposed budget is available for public inspection. Such public hearing
17 on the budget shall be held within thirty days, but not less than
18 fifteen days, after the date of publication. The board of directors
19 shall approve the budget prior to the beginning of the fiscal year.
20 3. The general manager shall submit to the director of
21 the budget, chairman of the senate finance committee, the chairman
22 of the assembly ways and means committee and the board of directors,
23 within ninety days after the end of its fiscal year, a complete and
24 detailed report setting forth (a) the corporationþs operations and
25 accomplishments, and (b) its receipts and expenditures during such
26 fiscal year in accordance with categories and classifications established
27 by the corporation
28 for its operating and capital outlay purposes. The general
29 manager shall make available for public inspection a copy of such
30 report.
31 §10. FUTURE MANAGEMENT STUDY. The board of directors
32 shall appoint a committee of Roosevelt Island residents to study
33 the future operation and management of Roosevelt Island at least once
34 in each decade.
36 §11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The
37 obligations of the corporation shall not be debts of the state, and the
38 state shall not be liable thereon, and such obligations shall not be
39 payable out of any funds other than those of the corporation nor shall
40 the community be liable for any obligations of the state.
41 2. It is hereby found, determined and declared that the creation of
42 the corporation and the carrying out of its puroses is in all respects
43 for the benefit of the people of the state and is a public purpose, and
44 that the corporation will be performing an essential governmental function
45 in the exercise of the powers conferred upon it by this act. The
46 corporation and its operations, property and moneys shall be free and
47 exempt from taxation of every kind by the city and state and any
48 subdivision thereof. Except as herein above provided and except as may
49 otherwise specifically be provided, nothing contained in this act shall
50 confer exemption from any tax, assessment or fee upon any person, firm,
51 corporation or other entity, or upon the obligations of any of them.
52 3. Any expenditures of the community shall be in accordance with the
53 adopted budget or a modification approved by the board of directors.
54 Expenditures shall be made by check, countersigned by a member of the
55 board of directors and the general manager, or by such other two parties
56 as approved by the board of directors.
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§12. DIVISION OF HOUSING AND COMMUNITY RENEWAL ASSISTANCE;
1 AND SERVICES. The corporation may from time to time request the division to
2 perform such services and render such technical assistance to the corporation
3 with respect to the development, management or operation of
4 Roosevelt Island as the corporation deems necessary or convenient and
5 may provide for the reimbursement to the division by the corporation
6 of the reasonable cost of such services. The division is hereby authorized
7 to perform such services and render such technical assistance as may
8 be agreed upon between the division and the corporation pursuant to this
9 section. In addition, the commissioner is hereby authorized to represent
10 the corporation in any negotiations with the city concerning amendments
11 or supplements to or reformations of the lease and tramway franchise as
12 contemplated by section six of this act.
13 §13. OPERATION OF MOTOR VEHICLES. In addition to any other power
14 conferred upon it by this act, the corporation is hereby authorized to
15 prescribe rules and regulations governing the operation (including the
16 parking, standing or stopping) of vehicles on Roosevelt Island; provided
17 however, that such rules and regulations shall not unreasonably restrict
18 access to any city facilities situated on Roosevelt Island nor unreasonably
19 restrict parking by city of New York employees, their visitors and
20 invitees in the immediate vicinity of such city facilities. The
21 violation of such rules or regulations shall be an offense punishable
22 upon a first conviction thereof by a fine of not more than fifty
23 dollars, upon a second within a period of eighteen months by a fine of
24 not more than one hundred fifty dollars, and upon a third or subsequent
25 conviction thereof within a period of eighteen months by a fine of not
26 more than one hundred fifty dollars, or by imprisonment for not more
27 than thirty days, or by both such fine and such imprisonment. For
28 purposes of enforcement and administration of such rules and regulations,
29 including but not limited to conferring jurisdiction with
30 respect thereto upon the applicable courts and administrative tribunals,
31 all provisions of law relating to, and rules or regulations of, the New
32 York city department of transportation not inconsistent with this act
33 shall be applicable.
34 §14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
35 of this act or the application thereof shall be adjudged invalid, such
36 judgment shall not affect or invalidate any other section, clause or
37 provision of this act.
38 §15. TRANSFER OF APPROPRIATIONS AND ASSETS. 1. Notwithstanding the provisions of any
general or special law,
39 the director of the budget is authorized to transfer to the corporation
40 from funds appropriated to the division for the fiscal year beginning
41 April 1, 1984 the amount he
42 determines necessary to carry out the provisions of this act, including
43 providing for Roosevelt Island operations, capital improvement program
44 and any other appropriate management expenses.
45 2. Notwithstanding the provisions of any general or specia law, no
46 part of such appropriations shall be available for the purposes designated
47 until a certificate of approval of availability shall have been
48 issued by the director of the budget and a copy of such certificate is
49 filed with the state comptroller, the chairman of the senate finance
50 committee and the chairman of the assembly ways and means committee.
51 Such certificate may be amended from time to time, subject to the
52 approval of the director of the budget, and a copy of each such amendment
53 shall be filed with the state comptroller, the chairman of the
54 senate finance committee and the chairman of the assembly ways and means
55 committee.
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3 16. CARETAKER ROLE OF CORPORATION. 1. Immediately after the
4 effective date of this section, and until the board of directors of the corporation
5 has been duly constituted in accordance with the provisions of
6 this act, as amended, the existing board of directors shall assume the
7 role of caretaker of the corporation. While such board acts as caretaker
8 the corporation shall make no contract, commitment or obligation
9 with a duration of more than three months.
10 §17. AUDITS. On or before the ninetieth day following the completion of
11 community election pursuant to section three of this chapter, the board
12 of directors, through a request for proposals issued in consultation
13 with the commissioner and the director of the budget, shall contract for
14 two audits. The first audit shall consist of a thorough review of the
15 fiscal conditions of the corporation, including, but not limited to, an
16 analysis of all expenditures, disbursements, payments received and
17 revenues for the period three years prior to the effective date of this
18 section to the present, and shall identify any and all liabilities or
19 obligations of the corporation and the ability of the corporation to
20 meet its future obligations and liabilities with anticipated revenues.
21 The second audit shall consist of an independent engineering study of
22 the physical structures, improvements and infrastructure which the
23 corporation is responsible to operate and maintain and shall identify any
24 defects, maintenance or rep[airs which are required or could reasonably
25 be expected and the cost of such defects, maintenance and repairs.
26 §18. CERTIFICATION Within sixty days of the effective date of this section, the
27 director of the budget shall provide written certification to the governor,
28 the majority leader of the senate and the speaker of the assembly
29 that the corporation is fiscally sound and has sufficient revenues to
30 meet current and future obligations. Also within sixty days of the
31 effective date of this section, the commissioner shall provide written
32 certification to the governor, the majority leader of the senate and the
33 speaker of the assembly that the physical condition of Roosevelt Island
34 is sound and that the infrastructure and improvements for which the
35 Island is responsible are also sound and free of defects. In the event
36 that the director of the budget or the commissioner are unable to make
37 such certification, such officials shall provide written reports to the
38 board of directors elected pursuant to section three of this chapter.
30 Section 2. This act shall take effect immediately.
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