N.Y. Port of Albany 192/25 § 8: No title

§ 8. In the preparation of its comprehensive plan of port development

provided for in this act, the commission shall incorporate existing

facilities as an integral part thereof, so far as practicable. If the

commission shall determine as part of such plan that the district shall

construct any port facilities or contribute to the cost of such

facilities to be constructed by any municipality, the plan shall contain

specifications of all such work, estimates of the cost of each and an

estimate of the total cost, including the cost of acquiring necessary

real property; and the total cost of such work, and amount of such

contributions shall be borne by all the municipalities in the district,

except as hereinafter provided. The commission also shall make a

tentative determination and shall annex to and file with such

specifications and estimates a statement showing the proportion of

benefit to each municipality in the district from such improvements,

regard being had to the special benefit to the municipality in which any

district part of such work is to be done, and from the estimated annual

average expenditures of the commission, other than for construction

work, for a period of three years. Such proportions shall be expressed

in decimals. The development of such port shall be deemed and is hereby

declared to be a public, municipal purpose of each city, in the

district, to the extent of the local benefits accruing and to accrue

therefrom. Such decimal, with respect to any municipality, shall

represent the proportion of the total cost to be borne by it, and shall

be the proportion of the total amount to be raised annually by tax on

the taxable property in the municipality of the portion of such cost to

be provided annually, of the annual expenses of the commission other

than for construction work and contributions to municipal construction,

and of any installment of principal and interest of any obligation of

the district next to become due. At the end of each three year period,

new estimates shall be made of the expenses of the commission, other

than for construction work and such contributions, for the ensuing three

years, and, if necessary, such apportionment shall be revised. It may

also be revised if there be subsequent construction work, not

contemplated by the original comprehensive plan, by which the relative

benefits of the whole work to the several municipalities are altered.

Notwithstanding, however, any provisions of this act, the entire cost of

construction of any port facilities within the city of Albany or upon

land owned by said city, including the cost of acquiring the necessary

real property therefor, shall be borne by the city of Albany. Before any

apportionment under this section, or revision thereof, shall be deemed

final, the commission shall cause its determination as to such

apportionment to be published in at least two daily newspapers in the

district, twice in each week for two weeks, and shall therewith give

notice of a public hearing on such apportionment, to be held not less

than ten days after the last publication. It shall also give notice to

each municipality by mailing a notice setting forth the time and place

of such hearing, which said notice shall be mailed to the mayor, and the

corporation counsel of each municipality at least ten days before the

day of such hearing. It shall give such a hearing and the

representatives of the governing body of a municipality and any taxpayer

in the district may be heard for or in opposition to such apportionment.

After such hearing the commission shall file in the office of the clerk

of each such municipality its final determination, either affirming such

original apportionment or modifying it and affirming it as modified.