Supplementary Affidavit of Gail Benjamin

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SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF QUEENS 
  

THE COUNCIL OF THE CITY OF NEW YORK, 

PETER F. VALLONE, SPEAKER OF THE 

COUNCIL, and ENOCH H. WILLIAMS, CHAIR OF THE 

COUNCIL HEALTH COMMITTEE, 

Plaintiffs, Index No. 004897-96 

- against - 
SUPPLEMENTARY 

AFFIDAVIT 
  

RUDOLPH W. GIULIANI, THE MAYOR OF THE CITY 

OF NEW YORK, NEW YORK CITY HEALTH AND 

HOSPITALS CORPORATION, and NEW YORK CITY 

ECONOMIC DEVELOPMENT CORPORATION, 

Defendants. 

  

COUNTY OF NEW YORK ) 

STATE OF NEW YORK > 

GAIL BENJAMIN, being duly sworn, deposes and says: 

1. I am Director of the Land Use Division of the City Council, one of the plaintiffs in 

the instant action, and submit this Affidavit in support of the plaintiffs’ cross-motion 

for summary judgment. 

2. In 1985, I was Special Assistant to the President of the Health and Hospitals 

Corporation ("HHC") and, in that capacity, managed the HHC’s project concerning 

the lease of an HHC facility to Enzo Biochem, Inc. which culminated in the adoption 

of a Resolution by the Board of Estimate in 1985 (the "Resolution") . See Turbow 

Reply Affirmation, Exhibit C. 

3 As the manager of the Enzo Biochem project on behalf of HHC, I am personally 

knowledgeable about every aspect of that transaction. I recall that HHC submitted the 

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Enzo Biochem lease to the Board of Estimate pursuant to the requirements contained 

in the HHC Act, codified at Unconsolidated Law § 7385(6), for its approval. 

4. In this connection, the HHC sought the Board of Estimate’s approval of various land 

use matters raised by the proposed lease. The Board of Estimate, in determining 

whether to adopt the Resolution concerning the Enzo Biochem lease, considered, 

among other things, a zoning change, a Board of Standards and Appeals’ variance and 

the future disposition of the Bellevue campus. Thus, in reviewing and adopting the 

Resolution pursuant to U.L. § 7385(6), the Board of Estimate most certainly 

exercised a land use review. 

5. In addition, I am attaching herewith the 1990 Mayoral Legislative Memorandum In 

Support of State Legislation that would have clarified to whom the Board of 

Estimate’s powers devolved. This Mayoral Memorandum concedes that the Board of 

Estimate’s powers concerning review of the land use aspects of a disposition of City 

hospitals devolved to the Council, while the Board’s power to review business terms 

and conditions devolved to the Mayor. See Exhibit A. 

6. Based on the foregoing, I urge the Court to declare that any disposition of City 

hospital facilities must go through the approval process delineated in U.L. § 7385(6) 

and to further declare that the City Council is the rightful successor to the Board of 

Estimate’s land use role under that section, U.L. A 7385(6). 

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  Exhibit A  



  

JOIN ROZZFLLA 
LEGISLATIVE REPRESENTATIVE 

LEGISLATIVE 
REFERENCE 

TITLE 

SUMMARY OF 
PROVISIONS 

REASONS FOR 
SUPPCRT 

    

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THE CITY OF NEW YORK 

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OFFICE OF THE MAYOR 

111 Washinmor Avenue : : - . 02 Chamla-rs St 
Albany, New York 12210 3 New York, NA . x 
Hin) 402-511 % (212) 8606: 

MEMORANDUM IN SUPPORT 

AN ACT to amend the education law, the general city 
law, the general municipal law, the New York city 
health and hospitals corporation act, the not-for- 
profit corporation law, the public authorities law, 
and the racing, pari-mutuel wagering and breeding 
law, in relation to the devolution of the powers and 
duties of the board of estimate of the city of New 
York provided for therein, consistent with the 
amendments to the New York city charter adopted by 
vote of electorate at the referendum held on 
November 7, 1989 : 

This bill amends provisions of law which authorize the ‘New York City Board of Estimate to take actions respecting land use, the acquisition or disposition of real property, the award of contracts, and other matters. The bill would conform state law to the amendments to the New York City Charter adopted by vote of the electorate at the general election held on November 7, 1989. 

In November 1989, on the recommendation of the New York City Charter Revision Commission, the electorate approved emendments to the New York City Charter which make funda- nental changes to the structure and process of government in New York City. The most significant of these changes is the abolition of the Board of Estimate and the devolu- tion of its powers respecting land use, the acquisition and disposition of property, contract awards and other matters to other elected officials and agencies of the City. This bill would amend provisions of State law which authorize the Board of Estimate to take a variety of actions respecting land use, the acquisition or disposi-~ tion of real property, the award of contracts and other matters, in order to conform these provisions to the scheme of government and allocation of powers under the amended Charter. The statutes proposed to be amended 

 



    

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include the Urban Development Action Area Act, the Urban Renewal 

  

Law, the School Construction Authority Act, the Business 

Improvement Districts provisions of the General Municipal Law, and 
other provisions which provide the source of legal authority for 

on-going pregrams of vital importance to the City. 

The principal Charter amendments respecting the powers of 

the Board of Estimate of relevance to this bill are as follows: 

1. As of July 1, 1990, the City Council will exercise 

substantial powers with respect to land use review under the Uniform 

Land Use Review Procedure of the Charter. See Charter §§187-d, 

1152(d). The City Council will have automatic land use review 

jurisdiction over some land use matters (e.K., zoning amendments), 

and will have discretionary authority to review certain other matters 

(e.x., most acquisitions or dispositions of real property). See 

Cherter §197-d. In certain instances, the affected Borough President 

may trigger an appeal of a land use matter from the City Planning 

Commission to the City Council. Id. | 

2. As of July 1, 1880, the Mayor will succeed to the 

powers of the Board of Estimate respecting approval of the business 

terms and conditions of acquisitions and dispositions of real property. 

See Charter §§384, 1802(6)(§), 1152(d). Approvals will be made 

foliowing a public hearing. 

| 3. As of September 1, 1990, new procedures and 

requirements will be established for the procurement of goods, 

services and construction by agencies, for the evaluation and 
monitoring of contractor performance, and for debarment of vendors 

from receiving City contracts. See Charter Chapter 13 

("Procurement"). Under Chapter 13, contract negotiation and award 

will, with certain exceptions, be a responsibility of the Mayor and 

Mayoral agencies. 

Enactment of this bill fs essential to ensure that key 

housing, economic development and other programs continue without 

delay and disruption. Two areas are of especial importance: 

1. Affordable Housing - The City of New York will soon   

be entering {its fifth year of a landmark housing program. To date, 

 



  

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$2.1 billion has been committed by the City {n order to create or 

rehabilitate some 80,000 housing units. In the coming fiscal year 

alone, the City will be committing roughly $600 million in capital funds 

for housing projects as part of Mayor Dinkins' new $2.1 billion Four 

Year Housing Program. A critical factor in the City's success in 

developing and rehabilitating housing on such a massive scale has 

been the ability to develop almost all of the new construction and 

substantial rehabilitation projects under the Urban Development Action 

Area Act {General Municipal Law Article 18), which authorizes the 

Board of Estimate to make accelerated dispositions of real property. 

The Act specifically gives this authority to the Board of Estimate; 

therefore, absent an amendment, the disposition mechanism may 

become unavailable to the City as of September 1, 1990, when the 

Board of Estimate ceases to exist. The result would be to jeopardize 

the City's ability to develop thousands of units of new housing 

through such programs as the new Partnership construction program, 

or through the variety of programs which involve rehabilitation of the 

City's stock of vscant buildings for the homeless and low and . 

moderate {nrome households. | 

2. School Construction: The New York City School 

Construction Authority is currently engeged in a massive effort to 

build new public schools and mini schools, modernize and rehabilitate 

existing school buildings, construct additions and make hundreds of 

other improvements in schools throughout the City over a five-year 

period at a cost of $4.3 billion. This massive construction program is 

made possible by various provisions of the New York City School 

Construction Authority Act which streamline the process of school 

design, construction and rehabilitation. ‘Under the Act, the 

Authority must submit site plans for schoo! construction to the Board 

of Estimate for its approval or disapproval. Approval of the Boird of 

Estimate is also required for the disposition of City-owned real 

property to the Authority, as well for certain agreements between the 

City and the Authority. Absent an amendment, the Authority will be 

hampered in {ts ability to earry forward the school construction 

prograin. The result would be to defeat the purposes of this 

Innovative legislation. 

 



  

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A section-by-section analysis of the proposed amendments is 

as follows: | | 

§1. Education Law _§2590-p. Subdivision 4 of section 
2590-p of the Education Law requires the Chancellor of the School 

District of the City of New York to transmit a Five Year Educational 

Facilities Capital Plan to the Board of Estimate, the community school 

boards, the City Board of Education, the Mayor, and the Council. 

The Plan forms .the basis of the construction program of the New 

York City School Construction Authority. The proposed amendment 

would delete the reference to the Board of Estimate. References to 

the budget provisions of the Charter contained in subdivision 7 of 

section 2590-p would be amended to conform to the renumbered 

provisions of the amended Charter. 

  

§2. General Municipal Law §72-h. Subdivision a of section 

72-h of the General Municipal Law authorizes the local legislative body 

of a city to transfer city-owned real property to the state of New 

York, federal government, or other governmental unit without 

consideration, or upon such consideration and terms and conditions as 

the city deems appropriate. In a city having a board of estimate, 

such transfers may be made with the approval of the board of 

estimate. Under the amended Charter, the Mayor is authorized as of 

July 1, 1990 to approve the business terms and conditions of leases 

and other dispositions of the City's real property. See NYC Charter 

88384, 1152. Coisistent with this change, the proposed amendment 

provides that in the City of New York, dispositions to governmental 

units pursuant to section 72-h shall be made with Mayoral approval. 

The amendment would not affect any land use review of such 

dispositions which may be required pursuant to Charter procedures 

and requirements. 

883-4. General Municipal Law Article }S (Urban Renewal 

Lew). Subdivision 1 of section 502 of the General Municipal Law 

  

defines the Yeoverning body" of a municipality for purposes of the 

Urban Renewal Law as the body vested with jurisdiction to enact 

ordinances or local laws, except that in the City of New York, the 

term governing body is defined as the “officer or agency vested with 

pewers under the charter of such eity, or by other law, to act 
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pursuant to this article.” This provision would be amended to ; 

provide that in the City of New York, the powers of the "governing 

body" under the Urban Renewal Law shall be exercised by the 

Council and Mayor in accordance with the powers vested in them by 

the Charter. Under this definition, the City Councl! would substitute 

for the Board of Estimate with regard to approval of Urban Renewal 

Plans under section 505 of the General Municipal Law, consistent with 

the power of land use review conferred upon the Council under 

section 197-d of the amended Charter. The Mayor would approve the 

business terms and conditions of dispositions made pursuant to an 

Urban Renewal Plan under section 507 of the General Municipal Law, 

consistent with the powers conferred upon the Mayor in this area 

under sections 384 and 1802(6)(j) of the Charter. 

Section 305 of the General Municipal Law, governing the 

approval of Urban Renewal Plans, would be amended to add a new 

subdivision 4 providing that, in the City of New York, any action of 

the City Council approving an Urban Renewal Plan shall be filed with 

the Mayor within five days of Council action for approval or 

disapproval. This provision would ensure that the Mayor, who has 

responsibility for the broad range of administrative actions associated 

with implementation of ‘an Urban Renewal Plan, including 

condemnation, acquisitions/dispositions of property, demolitions and 

relocations, has approval authority over proposed Urban Renewal 

Plans which are not Mayorally-sponsored or have been substantially 

modified by the City Planning Commission. 

665-8. General Municipal Law Article 16 {Urban 

Development Action Area Act). Subdivision 1 of section 692 of the 

General Municipal Law defines the "governing body" of a municipality 

for purposes of the Urban Development Action Area Act as the "local 

legislative body", except that in the City of New York, the term 

"governing body" {is defined as the Board of Estimate. This provision 

would be amended to delete the reference to the Board of Estimate. 

Accordingly, the City Council would substitute for the Board of 

Estimate with regard to approval of Urban Development Action Area 

designations end projects, as well as the waiver of land use review in 

connection therewith. See GML §§ 693, 694. 

 



  

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Section 695 gt the General Municipal Law Loverns the 

dispositicn of property pursuant to an approved Urban Development 

Action Area profect. The business terms and conditions of such 

dispositions are, under certain circumstances, approved by the Board 

of Estimate, acting as the "governing body." Under the Charter 

emendments, the Mayor is authorized as of July 1, 1090 to approve 

the business terms and conditions of leases and other dispositions of 

the City's real property. See NYC Charter §§ 384, 1802(6) (§), 

1152(d). Consistent with this change, the proposed amendment would 

substitute Mayoral approval for that of the Board of Estimate with 

regard to dispositions made pursuant to section 695. 

888-19. General Municipal Law__ Article 19-A_ (Business   

Improvement Districts). Under article 19-A of the General Municipal   

Law, a municipality is authorized to adopt a local law providing that 

the provisions of article 19-A regarding the establishment or 

extension cf business improvement districts shall be applicable in the 

municipality. Under article 19-A, the Jocal legislative body may 

provide by resolution for the preparation of a district plan and, 

following a public hearing and compliance with other requirements, 

adopt & local law approving the establishment or extension of the 

district. In the City of New York, the term “legislative body" is 

defined to mean the "board of estimate,” which acts by resolution, 

rather than by local law. 

The bill would amend the definition of legislative body to 

eliminate the reference to the Board of Estimate. Consequently, in 

the City of New York, the term "legislative body" would mean the 

City Council, and the Council would succeed to the powers of the 
Board of Estimate regarding the review, adoption and amendment of 

district plans. The proposed amendment would authorize the Mayor to 
initiate the preparation of a district Plan, acting at his or her own 
initiative, or at the request of the City Councll or others. This 
proposed amendment reflects the current practice under which plans 
are prepared by, or under the supervision of, the Mayor's Office of 
Business Development. 

Other proposed amendments to Article 18-A Include the 
following: 

 



  

]. Section 880-£(d) currently requires the Board of 

Estimate to approve a district plan by resolution upon a three-fourths 

vote, rather than by a majority vote, if the City Planning Commission 

either (1) certified its disapproval of the plan, or (2) failed to submit 

its report oe the plan within the requisite time or (3) recommended 

modifications of the plan which are unacceptable to the Board of 

Estimate. This provision would be repealed. Accordingly, the City 

Council would approve or reject a proposed local law respecting a 

district plan by majority vote, consistent with the voting rule for 

adoption of other local laws. 

2. Section 880-g(e) authorizes the City Council to 

disapprove a Board of Estimate resolution approving the establishment 

or extension of a business improvement district. This provision 

would be repealed fn view of the City Council's proposed new 

responsibilities for the review, adoption and amendment of district 

plans. 

3. A bill section would be added to provide for an 

orderly transition to the new scheme. Under this provision, all 

district plans or amendments in Preparation or under consideration as 

of the effective date of the amendments would be processed or 
reviewed In accordance with the new provisions. However, in the 

event the Board of Estimate has adopted a resolution approving the 

establishment or extension of a district, snd such resolution has not 

become final as of the effective date, the City Council would be able 

to exercise its power pursuant to section 980-g(e) to disapprove the 

district's establishment or extension. 

$20-23. New York City Health and Hospitals Corporation 

Act (Unconsol, Laws §§ 7381-7406). Subdivision 8 of section 5 of the 

New York City Health and Hospitals Corporation Act (Unoonsol. Laws 
§7385 (€)) provides that the Health and Hospitals Corporation must 

obtain the consent of the Board of Estimate in order to sell, lease or 
otherwise transfer a health facility or other real property acquired or 
constructed by the Corporation. This provision would be amended to 

. substitute the approvals of the Mayor and City Council for that of the 
Board of Estimate. This approach is consistent with the powers of 
the Mayor and the City Commissioner of General Services, a Mayoral 

 



    

appointee, with respect to the acquisition and ‘disposition of real 

property (NYC Charter §§ 384, 1602), as well " the authority over 

land use conferred upon the City Council and the Mayor by Chapter 8 

of the Charter. | 

Subdivision 1 of section 7 of the Act (Unconsol. Laws 

§7387(1)) authorizes the Board of Estimate to dispose of City-owned 

real and personal property to the Corporation without public letting 

or auction. Under the Charter amendments, the Mayor is authorized 

as of July i, 1950 to approve the business terms and conditions of 

leases and other dispositions of City-owned real property. See NYC 

Charter §8 384, 1152(d). Consistent with that change, this provision 

would be amended to substitute Mayoral approval for that of the 

Board of Estimate with respect to business terms and conditions. 

The Board of Estimate, a, the body having ultimate 

suthority over land use decisions, may consider land use fssues in 

approving or disapproving a disposition under subdivision 1 of section 

7 of the Act. Consistent with the amended Charter, which gives the 

City Council and Mayor decision-making authority with respect to 

major land use decisions, this provision would be further amended to 

permit City Council review of the land use impact of these transfers 

where the Council elects to do so by a majority vote of its members. 

Consistent with the balance between the Mayor and the Council struck 

by Charter $197-d, Council disapproval of a disposition would be 

subject to Mayoral veto and veto override by 1 two-thirds vote of the 

Council. 

Subdivision 3 of section 7 of the Act (Unconsol. Laws 

§7387(3)) requires Board of Estimate approval for contracts between 

the Corporation and the City with respect to acquisitions of peal 
property by the City on behalf of the Corporation. Under the 

amended Charter, the Mayor is authorized as of July 1, 18%0 to 

approve the business terms and conditions of dispositions of 

City-owned real property. See NYC Charter §§ 384, 1152(d). 

Accordingly, the proposed amendment would substitute Mayoral 

approval for that of the Board of Estimate with respect to such 

contracts. 

 



  

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Subdivision 1 of section 8 of the Act (Unconsol. Laws 
§ 7389) vests the Board of Estimate with the power to authorize the 

Corporation te award contracts for the construction of health facilities 

without public letting where the Board concurs in a determination by 

the Corporation that public letting would not be in the public 

interest. Under Chapter 13 of the amended Charter ("Procurement"), 

effective September 1, 1990, decisions to award contracts without 

Public letting may be made by agency heads. Consistent with this 

change, the proposed amendment would delete the reference to the 

Board of Estimate and substitute the board of directors of the 

Corporation therefor. 

624. Not-For-Profit Corporation Lew § 1411. Subdivision d   

  

of section 1411 of the Not-For-Profit” Corporation Law authorizes the 

legislative body of a county, city, town or village to transfer real 

property to & local development corporation without public bidding 

and upon such terms and conditions as may be agreed upon by the 

parties. In cities having a board of estimate, this authority fis 

exercised by the board of estimate. Under the Charter amendments, 

the Mayor is authorized as of July 1, 1990 to Approve the business 

terms and conditions of leases and other dispositions of the City's 

real property, including dispositions to local development 

corporaticns. See NYC Charter, $8 384, 11832(d). Consistent with 

this change, the proposed amendment would ‘substitute Mayoral 

approval for that of the Board of Estimate with regard to dispositions 

to Jocal development corporations. The land use implications of these 

dispositions would remain subject to review and approval pursuant to 

the Uniform Land Use Review Procedure of the New York City 
Charter, and would thus be reviewable by the City Council at {ts 

election. 

§825-30.  Public_Authorities Law §81725-1747. (The New 
York City School Construetjon Authority Act). Section 1727(4) of the   

Public Authorities Law makes members of the School Construction 
Authority subject to the former ethics requirements of the New York 
City Charter, The amendments: to the New York City Charter 

adopted by the electorate at the general election held on November 8, 
1988 provided for the repeal of Chapter 68 ("Ethics") and the 

 



  

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enactment of a ev Chanter, entitled "Conflicts of Interest”, which 

took effect January 1890. The proposed amendment to section 1727(4) 

would make the members of the School Construction Authority subject 

to the new Conflicts of Sntevest provisions. In addition, at the 

request of the Authority, provisions are proposed to be added which 

would make absolutely clear that employees of the Authority are 

subject to the Conflicts of Interest provisions, and to make such 

employees subject to the City's financial disclosure requirements. 

Section 1728(10) of the Public Authorities Law provides that 

the City, acting either by the Mayor alone or by Board of Estimate 

resolution, may agree to indemnify the Authority against tort and 

contracts judgments and elaims, and also agree that the Corporation 

Counsel will provide legal representation for the Authority. The 

proposed amendment deletes the reference to the Board of Estimate 

and retains the authority of the Mayor to act alone. 

Section 1728(12) of the Public Authorities Law provides that 

the City, acting by Board of Estimate resolution, may consent to the 

disposition of real property held by the Authority. The proposed 

amendment would delete the reference to the Board of Estimate and 

substitute the Mayor and Council therefor. 

Section §1729 of the Public Authorities Law provides that 

the Board of Estimate may convey real, personal or mixed property to 

the Authority, with or without consideration. Section 384 of the 

amended Charter, effective July 1, 1990, authorizes the Mayor to 

approve the business terms and conditions of leases and other 

dispositions of the City's real property. Consistent with this change, 

the proposed amendment would delete the reference to the Board of 

Estimate and substitute the Mayor therefor. Section 1730 of the 
Public Authorities Law provides that such dispositions are not subject 
to the Uniform Land Use Review Procedure of the Charter. 

Section 1732 of the Public Authorities Law provides for 
Board of Estimate approval of a site Plan prepared by the Authority. 

The plan is deemed approved {f the Board does not disapprove it by 
a 2/3 vote, or fails to act on it within 20 days. The proposed 

amendment provides that the plan will be deemed approved unless {t 

 



  

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is disapproved by the Mayor or by a 2/3 vote of the Council within 

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20 days of submission. 

The bill would alse amend the requirements of Section 1743 

of the Public Authorities Law pertaining to the equal employment and 

minority/women owned business programs of the School Construction 

Authority. Section 1743(2) of the Public Authorities Law currently 

requires the Authority to comply with New York City's Locally Based 

Enterprise Program (Admin. Code §6-108.1), but specifies that the 

Authority will exercise the functions otherwise performed by the 

Mayor or the Mayor's designee under that program, {including 

establishing procedures for and certifying businesses to participate in 

the program, and granting waivers from {ts requirements. Under 

Chapter 13-A of the amended Charter, the Locally Based Enterprise 

program will be administered by a new agency, the Office for 

Eccnomic and Financial Opportunity. The proposed amendment would 

clarify that the School Construction Authority continues to have 

autonomy in administering the program for its own projects. 

Charter Chapter 13-A provides that the new Office of 

Economic and Financial Opportunity shall establish programs "for the 

identification, recruitment, certification and participation of minority 

end women owned business enterprises in the City procurement 

process.” Charter §340(3). A provision is proposed to be added to 

sections 1743(2)(b) which would authorize the School Construction 

Authority to establish such programs in ~onnection with its own 

procurement process. 

Section 1743 also requires the School Construction Authority 

to comply with Mayor's Executive Order 50, which establishes equal 

employment opportunity requirements for City contractors, while 

giving the responsibility of enforcing the Order to the Authority. 

Chapter 13-B of the amended Charter codifies substantial portions of 
Executive Order $0. The proposed amendment would provide that the 

School Construction Authority will comply with Executive Order $0 

unless and unti] it is revoked, and that the Authority will comply as 

well with the requirements of charter Chapter 13-B. The amendment 

would allow the Authority to continue to have autonomy in enforeing 

these requirements with regard to its contracts. 

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§531-32.. Racing, Pari-Mutual Wagering and Breeding Laws 
§§607, 609. Section 607 of the Racing, Pari-Mutual Wagering and 

Breeding Laws authorizes the City, acting through the Board of 

Estimate, to grant the New York City Off-Track Betting Corporation 

("OTB") the use and occupancy of real property owned by or under 

lease to the City. Sueh dispositions may be made with or without 

consideration, and for such period of time as may be agreed upon by 

the City and the Corporation. Under the Charter amendments, the 

Mayor is authorized as of July 1, 1990 to approve the business terms 

and conditions of leases and other dispositions of the City's real 

property. See NYC Charter §§ 384, 1152(d). Consistent with this 

change, the proposed amendment would substitute Mayoral approval 

for that of the Board of Estimate with regard to such leases and 

agreements. The amendment would not affect any land use review of 

such dispositions which may be required pursuant to Charter 

procedures and requirements. 

Subdivision 1 of section 609 of the Racing, Pari-mutuel 

Wagering and Breeding Law provides that OTB contracts are to be 

awarded in the manner provided by law for the letting of contracts 

by the City. That subdivision also vests the Board of Estimate with 

power to approve the award of contracts by OTB without public 

letting, where the Board concurs in a determination by the 
Corporation that publie letting would not be in the public interest. 

Under Chapter 13 of the amended Charter ("Procurement"), »ffective 

September 1, 1890, new requirements are established regarding the 

award of contracts without public letting. The proposed amendment 

would conform section 609 to the amended Charter by deleting the 
provisions which vests the Board of Estimate with the power to 
approve the award of contracts without Public bidding. Awards of 
OTB contracts by means other than public letting would therefore be 
made pursuant to the new Charter procedures and requirements. 

 



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Accordingly, the Mayor urges upon the Legislature the 

earliest possible favorable consideration of this proposal. 

Itespectfully submitted, - 

JOHN BOZZELLA 
Legislative Representative 

 



  

  

SEW YORK CITY PRGAIAM DILL 

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SENATE 

IN SENATE-=Intraduced dy Sen 

““rfcad twice and ordered Ptinted, 4nd when Printed to de committed to the Committee on 

Seceocoon “A . 

ASSEMBLY 
Seosssccem 

IN ASSEMBLYe-Introduced by M. of a 

Gos Ylag A 
nd referred to the 

vr 

AN ACT CX 
to amend the education law, the 
general municipal law, the New 
York city health and hospitals 
corporation act, the not-for- 
profit corporation law, the 
Public authorities law, and 
the racing, pajiisgutuel wagering 
and breeding . in relation 
to the gdevolu }.0f the powery 
and duties of R88 board of 
estimate of the city of New York 
provided for therein, consistent 
with the amendments to the New 
York city charter adopted by vote 
©f electorate at the referendum 
held on november 7, 1989 

==read once 
Committee on 

  

    

    

  

IV SENATE 
  

The Senators ahoce aa 

Seaoie fairaducer v signature 

the LponIorIhip of they srepessl: 

ol? Sadhu 

JY Bernpiean 
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+25 Conner 
#0 Cook 
Al Daly 

«i? Donovan 

«4 Fotiey 

s} Golder 
v1) Geol¢ 

212 Gonzales 
v3? Goodhue 

2¢ Goodman 
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+18 Halperin 

“ib Hannon 
wii Heflmane 

10 Jenkin 
Od Johnson 

3) Kehoe 

$2 Kuhl 
02 Lach 
OI Lavyiie 
W28 Lehrer 
J Levy, £. 
08 Levy, N. 

31 Lobowt 
49 Lomparg! 

18 Moers 

24 Myreh: 
803 Marino 
32! Marhowing 
$3 Masiello 

946 McHugh 
813 Megs 
£30 Menger 
$22 Moat 

il Nolan 
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814 Oneraig 

Mes ore ircied Pelow wih 19 FR me on 

136 Oppeahemer 
sll Payaran 

29 Posereon 
85¢ Perey 

336 Present 

+33 Quattracigeehs 
sl Rolnon 

130 Seward 
A) \hgtler 14 

9 Stein 
$20 Smuh 
319 Solomen 
sJ$ Spano 
837 Scachowsk’ 

843 Sralferg 
812 Suvisky 

0) Teunse 

07 Tully 
834 Velells 

Volker 

sl Wemstein 
  

» 

IN ASSEMELY 

The Members of the Assembly whore ns mes 
19 JOA me 1a the oniorship of this pro 

Nhllonm Abbate 
2032 Abeamson 

al3) Gang 
809 Genovesi 

8142 Anderson 8064 Gottfried 
8017 Balbeni 8143 Graber 
8047 Bysbare 8063 Grannis 
0089 Barment 003? Green 
007 Barrage 807% Groune 
802! Becker 8040 Griffith 
8002 Behan 8005 Hareaberg 
009% Bennett 810% Harny 
800) Bianchi 8136 Hasper 
a9 Bonacic 8137 Hawiey 
3033 Boyland 012 Healey 
sll} Bragman 0021 Hew 
03! Brennan #048 Mikind 
8086 Brodaky abil Hi 
8121 Brows 8026 Hillman 
ally Bush 810] Hinchey 
8036 Buler e092 Holland 
8108 Canmtran p14 Hen 
813 Casase 042 J coin 
8034 Cownpage 0029 Jessi 
8117 Cheshre 008! Ke'man 
0013 Clark 016% Keane 
8008 Cochsage 8100 Keilehee 
80%) Colman 8130 K.ag 
9033 Ceanally Ha ay] 
810¢ Connery 8034 Lafayerne 
8010 Contes 09S Laskin 
8132 Coote 8046 Lasher . - 8098 Coombe 00% Leivel 
8230 Crewicy 8050 Lente) 
8108 D'Asdree 8033 Lopez 
8070 Danisls 8125 Luster 
8127 Dgvidsen 8022 Madison 
807 Davis 8033 Manag 
007% Dearie 807? Maniags 
3068 De! Tore 802? Mayersohn 
002¢ Diag alli McCann 
016 DiNapoli 8169 McGee 
8032 Dugan abd Miler, MK. 
8116 Bannace 123 Mulier. RN. 814! Ew O19 Murphy 
071 Farrel 8072 Munaugh 
0102 Fase eT Maier 
8043 Peddman 8135 Negie 
8009 Flanagan 30)? Nolan 
0 Friedman 20h) Merman 
8001S Fra ollie Non; 
4 Gatlney 0128 Novgoio 

  
Anrembly iniregueer’y SH gnature 

are circled below wih 
posal 

8112 ONsil 

0110 Onell 

8019 O'Shea 
8130 Parment 
014 Porola 
806] Passannsnie 
8091 Pataki 

802) Phefler 
8138 Piltitiere 
8146 Pordum 
8025 Prescoce 
8103 Prachi 
ald! Prong 

8l22 Rappicyes 
ale? Reynoids 

813 Rodbach 
8097 Salang 
063 Sanden 
000! Sawicki 
A 

089 Sulhvan, £.C. 
08? Sullivan, P.M. 
lS 
0124 Taliea 
8129 Tolomee 
8107 Teducs 
oh Yoon 
old) Tohass 
8103 Toate 
8034 Vean 
0M Visalgne 
OW Warren 
6 | Wemartein 
020 Weneaserg 
a02¢ Wepng 

Yen: 

8126 Wenner 
ad!) Yevel 
8088 Young 
808) Zalesk 
81 Lmmer 

  

    1 Benge pune et pve Qi dat 

 



  

0, ACT to amend the educstion lew, S ; 

the general municipal law, the New . 

York city health and hospitals 

corporation act, the not-for-profit 

corporation law, the public authorities 

law, and the racing, pari-mutuel 

. wagering and breeding law in relation 
to the devolution of the powers and 

duties of the board of estimate of the 

city of New York provided for therein, 
consistent with the amendments to the 

New York city charter adopted by vote 

of electorate at the referendum held on 

November 7, 1989. 

The_People of the State of New York, represented in Senate 
  

and ssembly,_do_enact as follows: 

Section 1. Subdivisions 4 and 7 of section 25%0-p of the 

education law, as added by chapter 738 of the laws of 1988, are 

amended to read as follows: 

4. Following approval by the city board of a five-year 

educational facilities capital plan, the ‘chancellor shall transmit such 

plan to the mayor(, the board of estimate] and the council of the city 

of New York. After consultation with the chancellor and the city 

board, the mayor shall include in the city's executive capital budget 

for the fiscal year in which the five-year plan is to commence an 

appropriation for educational facilities in an amount he recommends as 

sufficient to provide for the funding of a five-year capital program 

for the city board and shall specify amounts for each fiscal year 

within such five year period. Such five-year appropriation, which 

shall specify the annual amounts for each fiscal year to be made 

available, shall be subject to adoption, veto and, except as 

hereinafter provided, amendment in accordance with the procedures 

set forth in the charter of the city of New York. Upon adoption of a 

five-year appropriation pursuant to such process, the capital program 

of the city board shall, if the amount so appropriated differs from the 

cost estimated in the plan approved by the city board, be amended to 

reflect the funding so provided. No reduction shall thereafter be 

made by the city in the amount of such appropriation until completion | 

of the plan unless (i) the city board shall so recommend or (ii) a 

general, across-the-board reduction is wade in the city's capital | 

 



  

% : ol 
» ; 

appropriations ‘In order to accommodate an unforeseen reduction in the 

4 

availability of city capital funds. In the event the éity board so 

recommends or such a reduction is made, the appropriation may be 

reduced in accordance with such recommendation or proportionately to 

-the reduction in the city's general capital appropriations. In the 

event! the city board requests additional appropriations trom such cfty 

during the [fve-year period of the then effective plan, the city board 

shall specify the needs to be met by such additional appropriations. 

The eity may appropriate an additional amount for the five-year 

educational facilities capital plan, provided that in no event shall such 

an additional appropriation be conditioned upon a reduction or 

alteration of the five-year plan then in effect. The authority may not 

spend more in any fiscal year of the capital program than the amount 

specified In the five-year city appropriation therefor, as amended 

from time to time; provided that any amounts not expended ‘during a 

fiscal year may be expended in any succeeding fiscal year, and 

provided further that the mayor may authorize funds to be expended 

at a rate faster than the amounts so specified, within the balance of 

the five-year appropriation available therefor. 

7. The provisions of [paragraph b] subdivision a of 

section two hundred [nineteen] fourteen of the charter of the city of   

New York shall not apply to a proposed five-year appropriation made 

in accordance with subdivision four of this section, and the 

provisions of [paragraph] subdivision b of section two hund.-ed 

[twenty-five] seventeen of such charter shall apply only after the 

end of the fifth year of a five-year appropriation made pursuant to 

such subdivision. To the extent any other provision of [chapter] 

chapters nine or ten of ‘such charter is fnconsistent with the 

provisions of this section, the provisions of this section shall govern. 

$2. Subdivision a of section 72-h of the general municipal 

law, as amended by chapter 407 of the laws of 1972, is amended to 

read as follows: 

(a) Notwithstanding any provision of any general, 

special or local law or of any charter, the supervisors of a county, 

~ the town board of a town, the board of trustees of a village, the 

 



  

board of fire era RIoRErs of a fire district [and], the board of 

estimate of a city, or if there be none the local legislative body of 

such city, and, in_a_city having. a_population_of_one million .or_more, 

pursuant to the charter of such city, may sell, transfer or lease to 

or exchange with any municipal corporation or municipal corporations, 

school district, board of cooperative educational services, fire 

district, the state of New York, or the government of the United 

States and any agency or department thereof, either without 

consideration or for such consideration and upon such terms and 

conditions as shall be approved by such officer or body, any real 

property owned by such county, town, village, fire district or eity; 

and any municipal corporatinn or fire district may acquire or lease 

such real property as provided in this section. The term of any 

lease entered into pursuant to the provisions of this section shall not 

exceed ten years but nothing herein contained shall prevent the 

renewal of any such lease. | 

§3. Subdivision 1 of section 502 of such law is amended to 

read as follows: 

1. "Governing body." (a) In a city, the board of 

aldermen, common council, commission or other body vested by fits 

charter or other law with jurisdiction to enact ordinances or local 

laws, except that in a city having a populatisn of one million or more 

the term "governing body" shall, as to su‘ h city, mean the [officer 

or agency vested with power] council or mayor, as appropriate, who 

shall act pursuant to this article in accordance with the powers   

  

vested in them by the charter of such city, or by other law [, to act 

pursuant to this article]; (b) in a town, the town board; (¢c) in a 

village, the board of trustees. 

§4. Section 505 of such law is amended to add a new 

* subdivision 4 to read as follows: 

4. In a city having sa population of one million or more, 

any action of the council approving an urban_renewal plan shall be 

filed_with the mayor within five days of such action for approval or 

  

  

  

disapproval. 

 



  

£5. Subdivision 1 of section 692 of such law is amended to 

read as follows: : 

1. "Governing body". The local legislative body[, except 

that in any city having a population of one million or more the term 

“governing body" shall, as to any such city, mean only a board of 

estimate]. | ; 

. 86. Paragraphs a and b of subdivision 2 of section 695 of 

such law are hereby amended to read as follows: 

| (a) any person, firm or corporation designated by the 

agency and approved by the governing body or, in_a_ city having a 

Population of one million_or more, by the mayor, as a qualified and 
eligible sponsor in accordance with established rules and procedures 

prescribed by the agency, provided that: (i) the agency has 

published, bn at least one newspaper of general eirculation in the 

municipality at least ten days prior to such sale, lease or other 

disposition, a notice which shall include a project summary of the 

proposed urban development action area project and such notice shall 

be in the form and manner prescribed by the agency; (ii) such 

Proposed sponsor agrees to pay the minimum price or rental fixed by 

the agency for such real property; (iif) such proposed sponsor 

matches any bid higher than such minimum price or rental; and (iv) 

such sale, lease or other disposition requires effectuation of the 

urban development action area project within a definite and reasonable 

period of time; or 

(b) any person, firm or corporation designated by the 

agency as a qualified and eligible sponsor in accordance with 

established rules and procedures prescribed by the agency without 

public auction or sealed bids, provided that (1) the price or rental to 

be pald by such sponsor for such property and all other essential 

terms and conditions of such sale, lease or other disposition shall be i 

included in the notice published by the agency pursuant to 
subparagraph (i) of paragraph (a) of this subdivision (ii) such sale, 

lease or other disposition requires the effectuation of an urban 

development action area project with a definite and reasonable period 

of time, end (ili) that such sale lease or other disposition be 

o4- 

 



  

approved by thie zoverning body or, in any city having a population 

of onc million_or more, by. ithe mayor, after a public hearing held not 

less than ten days after the publication of such notice. 

§7. Subdivision & of section 6985 of such law is hereby 

amended to read as follows: 

4. Any lease of real property and appurtenances thereto 

for a period in excess of one year including any renewals or options 

to vohew or for a total rental may be made only upon a written 

appraisal of the market value thereof verified by an appraiser with at 

least five years experience appraising real property, made within a 

period of sixty days prior to the authorization to enter into such 

lease given by the governing body or, in any_ city having a 

population of one IIlioh.Ior. DYER. by the mayor, and filed in the 

office of that body or__officer and made available for public 

examination and copying at least thirty days before such 

authorization. Any sale of real property and appurtenances thereto 

shall be made only upon a written appraisal of the value thereof by 

an appraiser with at least five years experience appraising real 

property, made within six months prior to the authorization of such 

sale or other disposition by the governing body or, in any eity 

having a_population of one million _or more, by the mayor, and filed in 

the office of that body or officer and made available for public 

examination and copying at least thirty days before such 

authorization, 

§8. Paragraph d of subdivision 6 of section 695 of such 

law, as added by chapter 486 of the laws of 1982, is amended to read 

as follows: 

(d) Notwithstanding any standards or procedures 

established for land disposition by general, special or local Jaw or 

charter, if an urban development action area project is to be 

developed on municipally-owned land and consists solely of the 

rehabilitation or conservation of existing private or multiple dwellings 

or the construction of one to four unit dwellings without any change 

in land use permitted by local zoning, a municipality may dispose of 

~ the real property constituting such urban development action project 

5- 

 



  

) > ] . 

: : 
-@ : 

> . ) 
\ ‘ 

to any person, firm, or corporation qualified pursuant to this 

subdivision by resolution of [ts governing body or, in any city 

having_a population of one million or more, by action of the mayor, 

provided that such disposition is in accordance with the requirements 

of this subdivision. Disposition of real property acquired by 

condemnation shall be In accordance with the requirements of section 

four hundred six of the eminent domain procedure law, If applicable. 

§9. Subdivision (f) of section 980 of such law, as added 

by chapter 282 of the laws of 1889, is amended to read as follows: 

(I) "Legislative body” means the local legislative body 

empowered to adopt and amend local laws or ordinances[, except that 

in a city of one million or more the term "legislative body" shall mean 

the board of estimate, which may act by resolution, rather than by 

local law, where the legislative body is otherwise required by this 

article to act by local law]. : 

§10. Subdivision (a) of section 880-d of such law, as 

added by chapter 282 of the laws of 188%, is amended to read as 

follows: 

(a) The legislative body of any municipality other than a 

municipality having 8 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 officer, [or in a municipality 

having a population of one million or more, by the city council,] or 

upon the written petition, signed and acknowledged, of (1) the 

owners of at least fifty-one percent of the assessed valuation of all 

the taxable real property within the boundaries of the district 

proposed for establishment or extension, as shown upon the latest 

completed assessment roll of the municipality, and (2) at least 

fifty-one percent of the owners of real property within the area 

included in the district proposed for establishment or extension. In a 

municipality having a population of one million or more, the chief 

executive officer may_ provide for the preparation of a district plan, 

upon his or her own initiative, or at the reguest of an individual or 

agency designated by such officer, or at the request of the city 

  

  

  

  

  

 



  

; : 

s 

: 
- > \ 

council, or upon the written petition, signed and acknowledged, of 

such owners described in paragraphs one and two of this_subdivision. 

§11. Subdivision (¢) of section 880-d of such law, as 

added Ly chapter 282 of the laws of 1989, fs amended to read as 

follows: 

(¢) In any city having a population of one million or more, 

the district plan shall first be submitted to the city planning 

commission which shall forward a copy within five days to the city 

council and to the council member or members representing the 

[ecouncilmanic] council district or districts in which the proposed 

district Is located, to the community board or boards for the 

community district or districts fn which the proposed district is 

located, and to the respective borougn board and borough president, 

if the plan involves properties located fn two or more community 

districts. Each community board shall notify the public of the 

proposed plan In accordance with the requirements established by the 

city planning commission, and may conduct a public hearing and 

submit a written recommendation to the city planning commission not - 

later than thirty days after receipt of the plan. The city planning 

commission shall review the plan and recommendations, and, after a 

public hearing, prepare a report. The city planning commission shall 

submit its 1eport to the [board of estimate) mayor, to the affected 

borough president, to the city council and to the council member or   

members representing the [councilmanic] council district or districts 

in which the proposed district is located, together with copies of any 

recommendation of a community board, within sixty days from the date 

of expiration of the community board's period for reviewing the plan 

and submitting recommendations. This report shall certify the city 

planning commission's unqualified approval, disapproval or qualified 

approval with recommendations for modifications of the district ‘plan. 

A copy of this report together with the original district plan shall be 

transmitted for filing with the city clerk. In the event the city 

planning commission shall fail to submit its report within ninety-five 

days of receipt of the original district plan, ft shall be required to 

 



  

- 5 led ae N Xx 

immediately 1ransmit the original plan to the city tlerk for filing and 

no report of the city planning commission shall be Necessary. 

$12. Subdivision (d) of section 980-d of such law, as 
added by chapter 282 of the laws of 1989, is amended to read as 

follows: 

(d) All district plans shall conform with the requirements of 

this article. The legislative body may determine that the plan or any 

part of the plan, shall be prepared by, or under the supervision of 

municipal officers and employees {o be designated by the legislative 

body, or by persons or firms to be employed for that purpose, 

Provided, however, that in a municipality having _s_population of one 
million or more, such determination and_designation shall_be made by 
the chief executive officer. 
  

» 

613. Subdivision (a) of section 980-e of such law, as 

added by chapter 282 of the laws of 1889, {s amended to ‘read as 

follows: 

(x) After the filing of the district plan in the office of the 

municipal clerk, the legislative body may adopt a tessiution and shall 

enter the same in the minutes of its proceedings [and in a 

municipality having a population of one million or more submit a copy 
of same to the city council]. This resolution shall contain a copy of 

the district plan, any report of the planning commission or hoard, the 

fact that a district plan is on file in the municipal clerk's office for 

public inspection and the time when and the place where the 

legislative body will meet and hold a public hearing to hear all 

persons interested in the subject thereof. 

$14. Subdivision (d) of section 980-f of such law, as 

added by chapter 282 of the laws of 1989, is REPEALED. 

$15. Subdivision (e) of section 980-f of such law, as added 

by chapter 282 of the laws of 1889, fs relettered subdivision (4). 

016. Subdivision (b) of section 980-g of such law, as 
added by chapter 282 of the laws of 1689, is amended to read as 

follows: | | 

(b) Within twenty days after the adoption of a local law by 

a legislative body pursuant to section nine hundred eighty-f or | 

 



  

subdivision (c¢) of Sedition nine hundred eighty-{ of this article, the 

chief executive officer, or, except in _gunicipality having a 

population of one million or mors, other such officer of the 
municipality as the legislative body shall determine, shall forward the 

following information to the state comptroller at Albany, New York: 

$17. Subdivision (e) of seotion 980-g of such law, as 

added by chapter 282 of the laws of 1080, is amended to read as 

follows: 

(e) Upon the municipality's compliance with any other 

requirements established by law, the local law enacted pursuant to 

section nine hundred eighty-f of this article shall become effective. 

[Provided, however, that in a o¢ity having a population of one million 

or more, the city council may, within thirty days of the expiration of 

the state comptroller's review period, act by resolution to disapprove 

the district's establishment or extension, as the case may be, any 

inconsistent provision of Jaw notwithstanding.) 

$18. Subdivision (b) of section 980-m of such law, as 

added by chapter 282 of the laws of 1089, is amended to read as 

follows: 

(b) The board of directors of the association shall be 

composed of representatives of owners and tenants within the district, 

provided, however, that not less than a majority of {ts members shall 

represent owners and provided further that tenants of commercial 

space ard dwelling units within the district shall also be represented 

on the board. The board shall include, in addition, three members, 

one member appointed by each of the following: the chief executive 

officer of the municipality, the chief financial officer of the 

municipality and the legislative body. Provided, that in a oity having 

a population of one million or more, the third additional] member shall 

be appointed by the borough president of the borough in which the 

district {s located and a fourth additional member shall be appointed 

by the council member representing the [counciimanie] gouncll district 

in which the proposed district fs located, or if the proposed district 

is located In more than one fcouncilmanic] gouneil district, the fourth 

additional member will be appointed by the majority leader of the city 

 



  

A ' i : olin : vive . sili 

s ; 
@ # 

. y . . i ah 

. 

council after consultation with the council members representing the 

(councilmanic] council gisiviots and__ the _ borough president 

representing the borough in which the proposed district is located. 

Ths additional thnoo momharr (fanr in a alty af nnn milllan ar mnre) 

shall serve as the {ncorporators of the association pursuant to the 

not-for-profit corporation law. The association may be incorporated 

prior to the effective date of any district established pursuant to this 

article. 

$19. In a_municipality_having a population of one m million or 
- @e-a EA Akt 

more, _any._resolution adopted_by the board of estimate Sarat tp 

sections 18, 19, 20, 21, 22, 23, 24, 2%, 26 and 27 of this act shall be 

valid, provided, _however,_ that. any ‘further action with respect to   

such resolution_as_jis authorized by. such_article shall be made in 

sccordance with the_provisions of this act, except, that _i{ the board 
    

  

cf estimate shall have adopted a _ ress lution_ approving the 
  

  

establishment or extension of _a_distriet pursuant to section 980-f(c) 
  

of such article prior_to such effective date, which resolution @ shall not 

have become effective prior to such effective date, then the city 
  

  

council _may, within_ thirty days of the expiration of the state 
  

  comptroller's review period, act by _resolution to_disapprove the = ——c® 

district's tablishment or _extension, as the _case__may be. anv 
S_ est fe ——_——— 

-— ee w= SE G— 

inconsistent provision of law notwithstanding. 
  

€20. Subdivision 6 of section § of section 1 of chapter 1016 

of the laws of 1969, constituting the New York city health and 

hospitals corporation act, is amended to read as follows: 

6. To acquire, by purchase, gift, devise, lease or 

sublease, and to accept jurisdiction over and to hold and own, and 

dispose of by sale, lease or sublease, real or personal property, 

including but not limited to a health facility, or any interest therein 

for its corporate purposes; provided, however, that no health facility 

or other real property acquired or constructed by the corporation 

shall be sold, leased or otherwise transferred by the corporation 

without public hearing by the corporation after twenty days public 

«10- 

 



  

notice and without the consent of the [board of estimate] mayor of 

the city, which _consent_shall be subject to disapproval by the council 

with respect to the land use impact and implications of the transfer 
  

made within_thirty days following_notice of such consent {rom the 

mayor: 

§21. Subdivision 1 of section 7 of such mt is amended to 

read as follows: 

1. The city, acting by the [board of estimate] mayor 

thereof, may, by deed, lease or other instrument convey, lease or 

otherwise dispose of any real or personal property or any interest 

therein owned or held by the city, without public letting or auction, 

to the corporation for its corporate purposes, for so long as it shall 

be In existence notwithstanding the ‘provisions of any law respecting 

the {nalienablility of real property by the city, and such conveyance 

may reserve to the city such rights as shall not restrict the 

corporation in carrying out its corporate purposes;_provided, that 

any such disposition of real property shall be subject to council 
    

review where the council resolves by a majority vote of its members, 

made_ within twenty days following_ receipt. of notice from_the mayor 

    

om tm     

two-thirds vote of the council. 
  

§22. Subdivisions 3 of section 7 of such act is amended to 

read as follows: 

3. Subject to the approval of the [board of estimate] 

mayor of the city, contracts may be entered {into between the 

corporation and the city providing for the property to be acquired by | 

the city and so conveyed, the roads, sivests, avenues, or highways 

to be closed by the city, and the amounts, terms and conditions of 

payments, if any, to be made by the corporation. Any such contract 

between the city and the corporation may be pledged by the 

corporation to secure its bonds, notes or other obligations and may 

not be modified thereafter except as provided by the terms of the 

pledge. 

 



  

§23. d Subdivision 1 of section 8 of such act is amended to 

read as follows: 

1. Any contract let by the corporation for the construction 

of a health facility shall be publicly let to the lowest responsible 

bidder in the manner provided by, and in conformity with, the 

provisions of article rive-a of the general municipal law, except that 

when the cost of such a contract does not exceed ten thousand 

dollars such contract may be entered into without public letting; 

provided, however, that if the board of ¢ directors of the corporation 

determines by resolution, rule or regulation that in a special case or 

cases it would not be in the public interest to comply with the terms 

of this section [and the board of estimate of the city, by resolution, 

rule or regulation adopted by the vote of two-thirds of the whole 

number of votes authorized to be cast by all of the members of the 

beard of estimate concurs in such determination] then such a contract 

may be entered into by the ‘corporation without public letting as 

authorized by the said resolution, rules or regulations. 

Notwithstanding the provisions of this subdivision one, {f the 

corperation determines that circumstances exist whereby it would be 

detrimental to or impracticable for the corporation to comply with the 

public letting requirement of this section concerning a change order 

then such a change order may be let by the corporation without 

public letting. For the purposes of article five-a of the general 

municipal law, the corporation shall be deemed to be a "political 

subdivision”. | 

£24. Subdivision d of section 1411 of the not-for-profit 

corporation law is amended to read as follows: 

(d) Purchase or lease of real property owned by a county, 

city, town or village. (1) The local legislative body of a county, 

eity, town or village or, if there is a board of estimate in a eity, 

then the board of estimate, may by resolution determine that 

specifically described real property owned by the county, ofity, town 

or village is not required for use by such county, city, town or 

village and authorize the county, city, town or village to sell or lease 

such real property to a local development corporation incorporated or 

-12- 

 



  

: ® 
T : | 

] 

: . 
‘ 

reincurporated under this article; provided, that in a city having a 

population _of one million__or more, such determination an n_and   

authorization shall be made by_the mayor, where the land use {mpact 

and_ implications of such sale or lease have been reviewed and 

approved pursuant to the land use_review_procedures provided for in 

to such land be not declared inalienable as a forest preserve or a 

parkland. | 

(2) Notwithstanding the provisions of any general, special 

or local law, charter or ordinance to the contrary, such sale or lease 

may be made without appraisal, public notice (except as provided in 

subparagraph (4)) or public bidding for such price or rental and 

upon such terms as may be agreed upon between the county, city, 

town or village and said local development corporation; provided, 

however, that in case of a lease the term may not exceed ninety-nine 

years and provided, further, that in cities having a population of one 

million or more, no such sale or lease shall be made without the 

approval of (a majority of] the members of the borough [improvement] 

board of the borough in which such real property is located. 

(3) Before any sale or lease to a local development 

corporation incorporated or reincorporated under this article shall be 

authorized, a public hearing shall be held by the local legislative 

body, or by the board of estimate, as the case may be, i: consider 

  

the proposed sale or lease; provided, that in a_ city having a 

population of one million or more, public hearings shall be held 
  

  

pursuant to the land use review procedures _provided for in the 

charter of such city. 

(4) Notice of such hearing shall be published at least ten 

  
  

days before the date set for the hearing fn such publication and in 

such manner as may be designated by the local legislative body, or 

the board of estimate as the case may be; provided, that in a city 

having a population of one million or more, notice shall be provided 

pursuant to the land use review procedures provided for in the 

  

  

  

  

gharter of such city and the rules promuigated thereunder.   

 



  

he e . - " 

1 i . 
¥ i i 

» t N . 

. ' ¥ od : ' P ‘ 

(5) A local development corporation, {ncorporated or 

reincorporated under this section, which purchases or leases real 

PEOPERLY from a county, city, town or village, shall not, without the 

written approval of the county, eity, town or village, use such real 

property for any purpose except the purposes get forth in the 

certificate of incorporation or reincorporation of said local development 

corporation. In the event such real property is used in violation of 

the restrictions of this paragraph, the attorney-general may bring an 

action or special proceeding to enjoin the unauthorized use. 

§25. Subdivision 3 of section 1726 of the public authorities 

law , as added by chapter 738 of the laws of 1888, is amended to 

read as follows: | : 

3. ["Board of estimate"] Council” shall mean the [board 

of estimate] council of the city of New York [or any official public 

body next succeeding to the powers of such board). 

§26. Subdivision 4 of section 1727 of such law, as added 

by chapter 738 of the laws of 1988, is amended to read as follows: 

4. Appointed members may engage in private employment, 

or in =a profession or business; provided however, that 

notwithstanding any otherwise applicable provision of general law, the 

members shall be subject to the limitations contained in sections 

twenty-six hundred three, twenty-six hundred four, twenty-six 

hundred five, and twenty-six hundred six [and twenty-six hundred 

seven] | of the New York :ity charter. The authority shall for the 

purposes of such sections be [a “ecity] an "agency" and such trustees 
  

shall be ["officers" of the authority] "public servants" for the 
  

purposes of such sections. [In addition, such trustees shall be 

subject_to the provisions of section eleven hundred sixteen of such 

charter and shall for the purposes of such section be “officers of the 

city.” Notwithstanding anv otherwise applicable provision of general 

law, employees of the authority shall be subfect to such p rovisions of 

such charter, and shal] be deemed to be officers and employees of the 

city of New York for purposes of the financial disclosure requirements 

of section 12-110 of the administrative code of such eity. 

  

  
  

  

 



  

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: - A ’ N 

§ . > 
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f ; ; 

§27. Subdivisions 10 and 12 of section 1728 of such law, as 

added by chapter 738 of the laws of 1988, are amended to read as 

follows: 

10. Notwithstanding the provisions of section two thousand 

five hundred four of the insurance jaw or any other iaw, to procure 

{insurance on behalf of itself and others against any loss in connection 

with its activities, properties and other assets, in such amounts and 

from such insurers as it deems desirable; provided that the authority 

may enter into agreements with the eity, acting [either] by the mayor 

alone [or by resolution of the board of estimate], providing for 

indemnification by the city of the authority against tort and contract 

judgments and claims, which Agreements may contain provisions 

requiring legal representation of the authority by the corporation 

counsel of the city and specifying any insurance to be carried by the 

authority, which provisions shall supersede any agreements with the . 

city board on such subject; 

12. To dispose of personal property and, with the consent 

of the city, acting by [resolution of the board of estimate] the mayor 
  

end the ccuncil, to dispose of real property, or any interest therein, 
  

held by the authority and not required for educational purposes of 

the city board, by sale, lease, sublease or otherwise, provided that 

such disposition is pursuant to the implementation of a five-year 

educational facilities capital plan; 

§28. Subdivision 1 of section 1723 of such law, as added 

by chapter 738 of the laws of 1888, is amended to read as follows: 

1. The city board and the city, acting [either] by the 

mayor alone [or by resolution of the board of estimate], may convey 

or transfer to the authority, with or without consideration and 

without any further authorization, any real, personal or mixed 

property (including inalienable property of the city, except for land 

mapped as parks), or any interest therein, in order to assist the 

authority in implementing a five-year educational facilities capital 

plan. 

§25. Section 1732 of the such law, as added by chapter 

738 of the laws of 1888, is amended to read as follows: 

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9 

a 

§ 1732. [Board of estimate] City approval of sites 

3. Following the hearings held pursuant to section 

seventeen hundred thirty-one of this title, but prior to initiating 

construction of new educational facilities, the authority shall rubmit 

the site plan of such projects to the [board of estimate] mayor and 

the council for review, provided, however, that such review shall be 
  

limited to the site selected for the project. 

2. The [board of estimate may approve or disapprove such 

site plan, provided however that (a) If the board of estimate fails to 

act within twenty days of such submission by the authority, the] site 

plan shall be deemed to be approved [and (b) any vote to disapprove 

such site plan shall require a two-thirds vote of the total number of 

board of estimate vote.] by the city unless within twenty days of 

such submission by the authority it is disapproved by_the mayor or 

by the council, acting by ;_a_two-thirds vote. [For purposes of such 

vote, the twenty day] The notice provision contained herein shall be 

deemed sufficient for [board of estimate] action by the mayor and the. 
  

council notwithstanding any provision of law, local or general, or 

charter to the contrary. | 

3. The [board of estimate] city may not require the 

authority to conduct any further hearings or seek any further 

approvals as a condition for receiving [board of estimate] efty 

approval. 

4. If the [board of estimate] cou cil or mayor disapproves 

the site plan, (a) the authority may, after consultation with the city 

board, revise such site plan for resubmission pursuant to section 

seventeen hundred thirty-one of this title and this section or (b) the 

authority may, with the agreement of the city board and chancellor 

eliminate such site plan from the five-year educational facilities capital 

plan. 

830. Section 1743 of such law, as added by chapter 738 of 

the laws of 1888, is amended to read as follows: 

$1743. Equal employment opportunity program and minority 

and women-owned business enterprise program 

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hE TIE TEL No.518-462-1398 ~ Jun 15,90 15:19 No.002 P.18 

 



  

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1. RotwitRRIAnAing any other inconsistent provision of law, 

secticns 8-107 and 8-108.1 of the administrative code of the city of 

: New York shell apply to the activities of the authority. 

2. a, The provisions of section 6-108.1 of the 

administrative code of the city of New York with respect to the award 

of contracts to locally based enterprises shall apply to contracts 

entered into by the authority | provided, however, that 

notwithstanding __ any _ provision _of _such section or of chapter 

thirteen-A of the charter of the city of New York, the authority shall 

exercise the powers of the mayor set forth fn such section with 

respect to: the establishment of procedures for the certification of 

businesses; the approval or granting of waivers of the requirements 

of such section; the promulgation of rules and regulations for the 

purpose of implementing the provisions of such section; and the 

submission of annua! reports concerning the administration of the 

program established pursuant to such section. Notwithstanding the 

foregoing, the limitation on gross receipts of qualified locally based 

enterprises cet forth in clause (2) of subdivision six of paragraph a 

of section 6-108.1 of the administrative code of the city of New York 

may be raised by the authority upon =a determination that a higher 

limitation is necessary to meet the goals of the locally based 

enitorprise program. 

b. The authority shall establish and implement reasonable 
  

procedures to secure the meaningful participation of minority and 

women owned business enterprises in its procurement process. 
  

  

3. The provisions of executive order fifty of the mayor of 

the city of New York, dated April twenty-fifth, nineteen hundred 

eighty, as amended, shall apply to contracts of the authority unless 

  

and until such provisions_are_ revoked, and the requirements of 

chapter thirteen-B of the charter of such city shall apply to contracts 
  

of the authority; provided however that with respect to such order, 

or any other program concerning equal employment opporuiity or 

affirmative action to which contracts entered into by the authority are 

subject to such program shall be administered by an officer of the 

authority designated by the authority, and no other agency shall 

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ib \ : d : is 

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- - 1 

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have jurisdiction over the compliance by the authority with the 

requirements of any such program. 

§31. Subdivisions 1, 3 and $ of section 607 of the racing, 

pari-mutual wagering and breeding law are amended to read as 

follows: 

1. The city may, in accordance with the provisions of law 

governing the acquisition or leasing of real property by the city, 

acquire real property in the name of the city by purchase or 

condemnation for use by the corporation, or lease real property from 

other owners for such purpose, and, [by resolution of the board of 

estimate] may through lease or contract made upon such terms and 

conditions, with or without consideration, and for such period of time 

as may be agreed upon by the city and the corporation, authorize the 

use or occupancy of such real property by the corporation for the 

carrying out of {ts corporate purpose. : 

3. The city may, [by resolution of the board of estimate, 

or] acting by an instrument authorized by (such a resolution] the 

mayor, authorize the corporation to use or occupy for its corporate 

purpose any real property then owned by or under lease to the city, 

upon such terms and conditions, with or without consideration, and 

for such period of time, as may be agreed upon by the city and the 

corporation; provided that, in the case of any such property then 

under lease to the city, the authorization granted by the city to the 

corporation shall be within and consistent with the rights of the city 

as lesscc of such property. 

5. a. Contracts may be entered into by the city and the 

corporation containing undertakings by .the city (I) to acquire or 

lease real or personal property and authorize the use or occupancy of 

same by the corporation, or (il) to authorize the corporation to use 

or occupy real or personal property then owned by or under lease to 

the eity, or (ili) to perform any other acts on the part of the city 

authorized by subdivisions one, two and three of this section, 

provided the acts of the city called for by such undertakings are in 

conformity with the provisions of, and within the powers granted to 

the city by, subdivisions one, two and three of this section. The 

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making of such vohtfact shall be authorized, on behalf of the city, by 
the mayor [, ur the board of estimate, or by both, as’ the case may 

be,]) in the same manner as the act or acts of the city called for by 

the undertaking or undertakings in such contract are required to be 

authorized under the applicable provisions of subdivisions one, two 

and three of this section. 

b. Any such contract between the city and the corporation 

may be pledged by the corporation to secure its bonds or notes and 

may not be modified thereafter except as provided by the terms of 

the pledge. 

§32. Subdivision 1 of section 609 of such law, as amended 

by chapter 287 of the laws of 1985, is amended to read as follows: 

1. The corporation shall let contracts for construction or 

any other work, including the furnishing of materials or supplies 

incident thereto, and contracts for the purchase or procurement of 

equipment, materials or supplies: (i) fn the manner provided by law 

with respect to the letting of such contracts by the city [, except 

that where the estimated expense of a contract does not exceed ten 

thousand dollars, such contract may be entered into without public: 

letting, provided however, that where the corporation determines with 

respect to any contract that it would not be in the public interest to 

comply with this section and the board of estimate of the city, by 

resolution, rule o- regulation adopted by the vote of two-thirds of 

the whole numb r of votes authorized to be cast by all of the 

members of the board of estimate, concurs in such determination, 

then it may enter Into such contract without public letting ny 

authorized by ssid resolution, rules and regulations]; or (11) in the 

manner provided in section five hundred seven of this chapter, If in 

conjunction with one or more regional off-track betting corporations. 

$33. This act shall take effect on September 1, 1990, 

except that sections 1, 2, 20, 21, 22, 24, 26, 30, and 31 hereof shall | 
take effect immediately. 

 



    

« > 4 4 % » he 
J [3 

Q 

STATE! OF NEW YORK : a) : ; : 
COUNTY OF NEW YORK * y Sh : : 

, being duly sworn, 

deposes and says: 

[1] AFFIDAVIT OF SERVICE BY MAIL 
  

That I am over 18 years of age, not a party to this action and reside 

That on the day of , 19 , I served the 

within 

upon the following attorney(s), for the part(y) (ies) and, at the address(es), indicated below and designated by 

said attorney(s) for that purpose: 

  Party Attorney Address 

by depositing a true copy or copies, of the enclosed in a properly addressed wrapper in an official depository 

under the exclusive care and custody of the United States Postal Service within the State of New York. 

© © 6 6 8 8 8 6 8 8 8 8 8 8 6 8 6 0 8 8 8 6 5 8 0 8 6 8 6 6 0S eS 6S ee ss ee ss ee 

[1 AFFIDAVIT OF PERSONAL SERVICE 
  

That I am over 18 years of age, not a party to this action and reside 

That on the day of , 19 , I served the 

within 

upon 

the 

herein, by delivering a true copy thereof to 

personally. Deponent knew the person so served to be the person mentioned and described in said papers as 

the therein. 

© © 9 8 6 8 8 © % 5 8 8 8% 8 SS 5 GE SS SS ES SS GE SE GGG SS SES Se ee ee eee 

© © 8 9 8 ° 6 5 5 8 8 5 8 5 8 SS SS 6 6 SO SS GS 8 6 OS 0 SST SE Se SG SGC 0 

Notary Public 

[J CERTIFICATION BY ATTORNEY 
  

certifies that the within has been compared 

by the undersigned with the original and found to be a true and complete copy. 

3 a TE dare a a Dn nL Se  



  

  

INDEX NO. 004897-96 

SUPREME COURT: STATE OF NEW york 

COUNTY OF QUEENS 

  

  

  

. a 

;  * THE COUNCIL OF THE CITY OF NEW 
" ™ . YORK, et al., 

- : A Plaintiffs, 

RH & -against- 

RUDOLPH W. GIULIANI, et al., 

oo 4 Defendants. 

  

  

- N : SUPPLEMENTARY AFFIDAVIT 

  

  

TENZER GREENBLATT LLP 

Attorneys for Plaintiffs. 

4 ; 405 Lexington Avenue, New York, N.Y. 10174 

» (212) 885-5000 

w Ne Due and timely service of a copy of the within 

is hereby admitted. 

  

  

Dated, N.Y,, 

Attorney For