Res. No. 767-A

Resolution concerning the establishment of the 161st Street Business Improvement District in the Borough of the Bronx and setting the date, time and place for the public hearing to hear all persons interested in the establishment of such district.

By Council Members Foster, Weprin, Palma and Seabrook (by request of the Mayor)

            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 July 7, 2004, provided for the preparation of a district plan (the "Plan") for the 161st Street Business Improvement District (the "District") in the Borough of the Bronx; and

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

            Whereas, pursuant to section 25-405 (c) of the Law, the New York City Department of Small Business Services ("SBS") submitted the Plan to the City Planning Commission (the "CPC") on August 16, 2004; and

            Whereas, pursuant to section 25-405 (c) of the Law, the CPC submitted the Plan to the City Council on August 18, 2004; and

            Whereas, pursuant to section 25-405 (c) of the Law, the CPC submitted the Plan to the Council Members representing the council districts in which the proposed district is located on August 18, 2004; and

            Whereas, pursuant to section 25-405 (c) of the Law, the CPC submitted the Plan to the community board (Bronx Community Board Number 4, hereinafter referred to as the "Community Board") for the community district in which the proposed District is located on August 18, 2004; and

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

            Whereas, pursuant to section 25-405 (c) of the Law, the Community Board conducted a public hearing on September 28, 2004; and

            Whereas, on September 28, 2004, the Community Board voted to approve the establishment of the District; and

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

            Whereas, pursuant to section 25-405 (c) of the Law, the CPC submitted its report to the Mayor, to the City Council and to the Council Members representing the council districts in which the proposed District is located; and

            Whereas, pursuant to section 25-405 (c) of the Law, a copy of the CPC's report, together with the original Plan, was transmitted for filing with the City Clerk on  November 9, 2004; and

            Whereas, pursuant to section 25-406 (a) of the Law, a copy of the 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 Plan is on file for public inspection in the Office of the City Clerk, Municipal Building, Room 265, 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 District, objecting to the 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 establishment, 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 establishment, file objections to the Plan with the City Clerk within the thirty-day objection period, the District will not be established; 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:

            (i)         February 16, 2005 is the date and 10:30 a.m. 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 establishment of the District;

            (ii)        the 161st Street BID Steering Committee shall, not less than ten nor more than thirty 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 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 District, and to the tenants of each building within the proposed District;

           (iii)       the Department of Small Business Services shall arrange for the publication of a copy of this Resolution or a summary thereof at least once in the City Record or a newspaper in general circulation in the City, the first publication to be not less than ten nor more than thirty days before the date of the Public Hearing; and

             (iv)      in the event that the 161st Street BID Steering Committee mails, or the Department of Small Business Services 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.