Preconsidered Res. No. 1227

Resolution authorizing an increase in the amount to be expended annually in the Downtown Flushing Transit Hub Business Improvement District in the Borough of Queens, an extension of the boundaries of such district, the provision of additional services and the modification of existing services in such district, a change in the method of assessment upon which the district charge is based, and an increase in the maximum total amount to be expended for improvements in such district, and setting the date, time and place for the public hearing of the local law authorizing such changes as set forth in the amended District Plan of the Downtown Flushing Transit Hub Business Improvement District.

By Council Member Dromm

                     Whereas, Pursuant to the authority granted by chapter 4 of title 25 of the Administrative Code of the City of New York (the “Law”), the Mayor, by authorization dated May 24, 2019, provided for the preparation of an amended district plan for the Downtown Flushing Transit Hub Business Improvement District (the “District”) in the Borough of Queens; and

Whereas, Pursuant to Local Law No. 82 for the year 1990, the City Council assumed responsibility for adopting legislation relating to Business Improvement Districts; and

Whereas, Pursuant to authority granted by the Law, the District was established by Local Law No. 58 for the year 2003; and

Whereas, Pursuant to Section 25-410(b) of the Law, an amendment to the District Plan that provides for additional improvements or services or any change in the method of assessment upon which the district charge is based, or an increase in the amount to be expended annually for improvements, services, maintenance and operation, may be adopted by local law, provided that the City Council determines, after a public hearing, that it is in the public interest to authorize such changes and that the tax and debt limits prescribed in Section 25-412 of the Law will not be exceeded by such changes; and

Whereas, Pursuant to Section 25-410(c) of the Law, an amendment to the District Plan that provides for an increase in the total maximum amount to be expended for improvements in the District may be adopted by local law, provided that the City Council determines, after a public hearing, that it is in the public interest to authorize such increase and that the tax and debt limits prescribed in Section 25-412 of the Law will not be exceeded by such increase; and

Whereas, The District wishes to increase the amount to be expended annually in the District to $1,000,000, to extend the District’s boundaries, to provide additional services and modify existing services, to change the method of assessment upon which the district charge is based and to increase the maximum total amount to expended for improvements in the District; and

Whereas, Pursuant to section 25-405(c) of the Law, the New York City Department of Small Business Services (“SBS”) submitted an amended District Plan (the “Amended Plan”) for the District to the City Planning Commission (the “CPC”) on May 30, 2019; and

Whereas, Pursuant to section 25-405(c) of the Law, the CPC submitted the Amended Plan to the City Council on June 3, 2019; and

Whereas, Pursuant to section 25-405(c) of the Law, the CPC submitted the Amended Plan to the Council Member representing the council district in which the District is located on June 3, 2019; and

Whereas, Pursuant to section 25-405(c) of the Law, the CPC submitted the Amended Plan to Queens Community Board 7 (the “Community Board”), in which the proposed extended district is located, on June 3, 2019; and                     

Whereas, Pursuant to section 25-405(c) of the Law, the CPC submitted the Amended Plan to the Queens Borough President on June 3, 2019; and

Whereas, Pursuant to section 25-405(c) of the Law, the Community Board  notified the public of the Amended Plan in accordance with the requirements established by the CPC; and

Whereas, On June 17, 2019, the Community Board voted to approve the extension of the District; and

Whereas, Pursuant to section 25-405(c) of the Law, the CPC reviewed the Amended Plan, held a public hearing on July 31, 2019, and prepared a report certifying its unqualified approval of the Amended Plan; and

Whereas, Pursuant to section 25-405(c) of the Law, the CPC submitted its report to the Mayor, to the Queens Borough President, to the City Council and to the Council Member representing the council district in which the District is located; and

Whereas, Pursuant to section 25-405(c) of the Law, a copy of the CPC’s report, the original district plan and the Amended Plan were transmitted for filing with the City Clerk on September 3, 2019; and

Whereas, Pursuant to section 25-406(a) of the Law, a copy of the Amended Plan and the CPC’s report are annexed hereto and are made part of this Resolution; and

Whereas, Pursuant to section 25-406(a) of the Law, the Amended Plan is on file for public inspection in the Office of the City Clerk, 141 Worth Street, New York, New York; and

Whereas, Pursuant to Section 25-406(b) of the Law, any owner of real property, deemed benefited and therefore within the proposed extended district, objecting to the Amended Plan must file an objection at the Office of the City Clerk within thirty days of the conclusion of the hearing held by the City Council, notice of which is provided by this Resolution, on forms made available by the City Clerk; and

Whereas, Pursuant to Section 25-406(b) of the Law, if owners of at least fifty-one percent of the assessed valuation of all the benefited real property situated within the boundaries of the District proposed for extension, as shown upon the latest completed assessment roll of the City, or at least fifty-one percent of the owners of benefited real property within the area included in the District proposed for extension, file objections to the Amended Plan with the City Clerk within the thirty-day objection period, the District will not be extended; now, therefore, be it

Resolved, That the Council of the City of New York, pursuant to Section 25-406 of the Law, hereby directs that February 11, 2020 is the date and 10:00 am is the time and the City Council Committee Meeting Room, 2nd Floor, City Hall is the place for a public hearing (the “Public Hearing”) to hear all persons interested in the legislation that would authorize an increase in the amount to be expended annually in the District, an extension of the District’s boundaries, the provision of additional services and the modification of existing services in the District, a change in the method of assessment upon which the district charge in the District is based and an increase in the maximum total amount to be expended for improvements in the District; and be it further

Resolved, That the Downtown Flushing Transit Hub District Management Association shall, not less than ten (10) nor more than thirty (30) days before the date of the Public Hearing, mail a copy of this Resolution or a summary thereof to each owner of real property within the proposed extended district at the address shown on the latest City assessment roll, to such other persons as are registered with the City to receive tax bills concerning real property within the proposed extended district, and to the tenants of each building within the proposed extended district; and be it further

Resolved, That SBS shall arrange for the publication of a copy of this Resolution or a summary thereof at least once in the City Record or in a newspaper in general circulation in the City, the first publication to be not less than ten (10) nor more than thirty (30) days before the date of the Public Hearing; and be it further

Resolved, That in the event that the Downtown Flushing Transit Hub District Management Association mails, or SBS arranges for the publication of, a summary of this Resolution, such summary shall include the information required by section 25-406(c) of the Law; and be it further

Resolved, That on behalf of the City Council and pursuant to Section 25-410(b) of the Law, the Downtown Flushing Transit Hub District Management Association is hereby authorized to publish in a newspaper having general circulation in the District, not less than ten (10) days prior to the Public Hearing, a notice stating the time and place of the Public Hearing and stating the increase in the amount to be expended annually in the District.