Bill Text: NY A06103 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the management of the Roosevelt Island operating corporation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-25 - enacting clause stricken [A06103 Detail]
Download: New_York-2011-A06103-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6103
2011-2012 Regular Sessions
I N A S S E M B L Y
March 7, 2011
___________
Introduced by M. of A. KELLNER -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend chapter 899 of the laws of 1984, relating to the
creation of the Roosevelt Island operating corporation, in relation to
the management of such corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 899 of the laws of 1984, relating to the creation
2 of the Roosevelt Island operating corporation, subdivision 2 of section
3 3 as amended by chapter 766 of the laws of 2005, subdivision 5 of
4 section 3 as amended by chapter 55 of the laws of 1992, section 8 as
5 amended by chapter 770 of the laws of 1988, paragraph 2 of subdivision a
6 of section 8 as amended by chapter 804 of the laws of 1990 and section
7 10-a as added by chapter 493 of the laws of 2002, is amended to read as
8 follows:
9 Section 1. LEGISLATIVE DECLARATION. The legislature hereby finds,
10 determines and declares that: (a) the city of New York and the New York
11 state urban development corporation have entered into a lease and
12 related agreements providing for the urban development corporation to
13 use its statutory powers to create on Roosevelt Island a new community
14 which would retain and heighten the benefits of urban living while
15 preserving a sense of scale and open space for Roosevelt Island resi-
16 dents and New York city as a whole; (b) the urban development corpo-
17 ration [has] AND ITS SUCCESSORS HAVE constructed the first [phase] PHAS-
18 ES of the island's development, including public facilities, pursuant to
19 a general development plan for Roosevelt Island, [which plan is being]
20 updated [and] FROM TIME TO TIME, WHICH PLAN contemplates significant
21 future development on the island, including the provision of additional
22 housing, commercial, civic, recreational and other facilities; (c) [it
23 is in the public interest for] the urban development corporation [to
24 transfer] HAS TRANSFERRED all of its rights and obligations with respect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00400-02-1
A. 6103 2
1 to the development, operation and supervision of both such existing and
2 such proposed development to a public benefit corporation which [shall
3 be] HAS BEEN under the supervision of the commissioner of housing and
4 community renewal; and (d) it is in the public interest that [such a]
5 THE public benefit corporation plan, design, develop, operate, maintain
6 and manage Roosevelt Island, [that such corporation] AND have vested in
7 it such powers as are necessary or convenient to effectuate those func-
8 tions and that the division of housing and community renewal be author-
9 ized to assist such corporation in the performance of its duties with
10 respect to Roosevelt Island.
11 S 2. DEFINITIONS. As used in this act, the following terms shall have
12 the following meanings:
13 1. "City" shall mean the city of New York.
14 2. "Commissioner" shall mean the commissioner of housing and community
15 renewal.
16 3. "Corporation" shall mean the Roosevelt Island operating corpo-
17 ration created by section three of this act.
18 4. "Development subleases" shall mean (a) the sublease dated August
19 [first, nineteen hundred eighty] 1, 1980 between the urban development
20 corporation and the city, (b) the ground lease, dated October [thirti-
21 eth, nineteen hundred seventy-two] 30, 1972, between the urban develop-
22 ment corporation and North Town Phase II Houses, Inc., (c) the ground
23 lease, dated April [twenty-fifth, nineteen hundred seventy-three] 25,
24 1973, between the urban development corporation and North Town Phase III
25 Houses, Inc., [and] (d) the restated ground lease, dated November [thir-
26 tieth, nineteen hundred seventy-seven] 30, 1977, between the urban
27 development corporation and Rivercross Tenants' Corporation, (E) THE
28 GROUND LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST 4,
29 1986, (F) THE GROUND LEASE BETWEEN THE CORPORATION AND RELATED AND
30 HUDSON COMPANIES DATED DECEMBER 21, 2001, (G) THE SUBLEASE BETWEEN THE
31 CORPORATION AND MEPT OCTAGON, LLC DATED NOVEMBER 3, 2004, AND (H) ALL
32 OTHER RELATED LEASES.
33 5. "Division" shall mean the New York state division of housing and
34 community renewal.
35 6. "Lease" shall mean the lease, dated December [twenty-third, nine-
36 teen hundred sixty-nine] 23, 1969, as heretofore or hereafter amended,
37 among the city of New York, the New York state urban development corpo-
38 ration and the Roosevelt Island development corporation, pursuant to
39 which the city leased substantially all of Roosevelt Island to the New
40 York state urban development corporation for development substantially
41 in accordance with the development plan referred to therein.
42 7. "Roosevelt Island" shall mean the island located in the East
43 River, city and county of New York, extending from approximately fifti-
44 eth street to eighty-sixth street in Manhattan.
45 8. "Safe affordable housing for everyone, inc." shall mean the New
46 York corporation organized under article [six-A] 6-A of the private
47 housing finance law and under the supervision and control of the commis-
48 sioner.
49 9. "Tramway franchise" shall mean the franchise for the Roosevelt
50 Island tramway granted by the city to the urban development corporation
51 on February [nineteenth, nineteen hundred seventy-four] 19, 1974.
52 10. "Urban development corporation" shall mean the New York state
53 urban development corporation AND ANY SUCCESSOR AGENCY.
54 S 3. ESTABLISHMENT OF CORPORATION; ORGANIZATION OF BOARD. 1. To effec-
55 tuate the purposes and provisions of this act, there is hereby created
56 the "Roosevelt Island operating corporation", which shall be a body
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1 corporate and politic constituting a public benefit corporation and a
2 political subdivision of the state of New York.
3 2. The board of directors of the corporation shall be composed of nine
4 members. One member shall be the commissioner, who shall serve as the
5 chair; one member shall be the director of the budget; and seven public
6 members shall be appointed by the governor [with], ONE UPON the [advice
7 and consent] RECOMMENDATION of the [senate. Of the seven public
8 members,] TEMPORARY PRESIDENT OF THE STATE SENATE, ONE UPON THE RECOM-
9 MENDATION OF THE SPEAKER OF THE STATE ASSEMBLY, two members[, one of
10 whom shall be a resident of Roosevelt Island, shall be appointed] upon
11 the recommendation of the mayor of the city[; and four additional]. FIVE
12 OF THE PUBLIC members shall be residents of Roosevelt Island AND THE
13 APPOINTMENT OF SUCH MEMBERS SHALL BE SUBJECT TO THE ADVICE AND CONSENT
14 OF THE SENATE. Each member shall serve for a term of [four] THREE years
15 and until [his or her] A successor shall have been appointed and shall
16 have qualified, except that (a) two of the initial public members
17 appointed by the governor, one of whom is a resident of Roosevelt
18 Island, and the Roosevelt Island resident member appointed upon the
19 recommendation of the mayor of the city shall serve for terms of two
20 years each, and (b) the commissioner and the director of the budget
21 shall serve so long as they continue to hold their respective offices.
22 Any action taken by the directors of the corporation shall be taken by
23 majority vote of the directors then in office. The elected public offi-
24 cials who represent Roosevelt Island shall be representatives to the
25 board of directors of the corporation entitled to receive notice of and
26 attend all meetings of such board AND BE PROVIDED WITH ALL INFORMATION
27 RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS but shall not be entitled
28 to vote. Failure to give such notice shall not [effect] AFFECT the
29 validity of any action taken at a meeting of such board. ALL MEETINGS
30 OF THE BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE SUBJECT
31 TO THE OPEN MEETINGS LAW. AT EVERY MEETING OF THE BOARD OF DIRECTORS,
32 THERE SHALL BE AN OPPORTUNITY FOR THE PUBLIC TO COMMENT ON THE MEETING'S
33 AGENDA ITEMS BEFORE ANY VOTE BY THE BOARD OF DIRECTORS ON THOSE ITEMS.
34 3. The governor may fill any vacancy which occurs on the board of
35 directors of the corporation in a manner consistent with the original
36 appointment. Any member of the corporation may be removed by the gover-
37 nor for cause, but not without an opportunity to be heard, in person or
38 by counsel, in his OR HER defense, upon not less than ten days' written
39 notice.
40 4. The commissioner and the director of the budget may each designate
41 an officer or employee of his OR HER respective division to represent
42 such member at meetings of the corporation. Such designation shall be by
43 written notice filed with the [chairman] CHAIR or the secretary of the
44 corporation by the member making the designation, and may be revoked at
45 any time by similar notice. Any representative so designated shall have
46 the power to attend and to vote at any meeting of the corporation from
47 which the member making the designation is absent with the same force
48 and effect as if the member making the designation were present and
49 voting. No such designation shall limit the right of the member making
50 the designation to attend and vote in person at any meeting of the
51 corporation.
52 5. A member of the corporation who is not an officer or employee of
53 the state or the city shall not receive a salary or other compensation,
54 but shall be entitled to reimbursement for actual and necessary expenses
55 incurred in the performance of official duties as a member. A member of
56 the corporation who is not an officer or employee of the state or the
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1 city may engage in private employment, or in a profession or business,
2 unless otherwise prohibited by law from doing so. Notwithstanding any
3 other provision of law, general, special, or local, no officer or
4 employee of the state or any civil division thereof shall be deemed to
5 have forfeited, or shall forfeit such office of employment because of
6 acceptance of membership in the corporation, or by virtue of being an
7 officer, employee or agent thereof.
8 S 4. POWERS OF CORPORATION. The corporation's powers shall be limited
9 to carrying out the development, management and operation of Roosevelt
10 Island. In carrying out such development, management and operation, the
11 corporation shall have the power to:
12 1. Sue and be sued;
13 2. Have a seal and alter the same at pleasure;
14 3. Make and alter by-laws for its organization and internal management
15 and make rules and regulations governing the use of its property and
16 facilities;
17 4. Make and execute contracts and all other instruments necessary or
18 convenient for the exercise of its powers and functions under this act;
19 PROVIDED, HOWEVER, THAT THE CORPORATION SHALL BE CONSIDERED A CORPO-
20 RATION AS THAT TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES
21 LAW;
22 5. Acquire in the name of the corporation by purchase, grant or gift,
23 or by the exercise of the power of eminent domain pursuant to the
24 eminent domain procedure law, or otherwise, real or personal property,
25 or any interest therein deemed necessary or desirable for the develop-
26 ment, management or operation of Roosevelt Island, including, without
27 limitation, leasehold interest, air and subsurface rights, easements and
28 lands under water at the site of Roosevelt Island or in the general
29 vicinity thereof, and to subject such property or interest therein to a
30 purchase money or other lien or security interest in connection with the
31 acquisition and development thereof, provided that the corporation shall
32 have no authority or power to issue any notes, bonds or other debt obli-
33 gations, whether for the purpose of financing the development of Roose-
34 velt Island or otherwise;
35 6. Hold and dispose of real or personal property for its corporate
36 purposes;
37 7. Appoint officers, agents and employees, prescribe their duties and
38 fix their compensation in accordance with a staffing and compensation
39 plan submitted to and approved by the director of the budget, PROVIDED
40 THAT PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER OF THE CORPORATION, THE
41 BOARD SHALL INTERVIEW AT LEAST THREE QUALIFIED CANDIDATES FOR THE POSI-
42 TION. PRIOR TO HIRING THE CHIEF EXECUTIVE OFFICER, THE BOARD SHALL HOLD
43 A PUBLIC HEARING, WITH NOTICE TO THE PUBLIC AND HELD IN ACCORDANCE WITH
44 ARTICLE 7 OF THE PUBLIC OFFICERS LAW, FOR THE PURPOSE OF INTERVIEWING
45 THE CANDIDATE(S) AND ALLOWING THE PUBLIC AS WELL AS THE BOARD TO QUES-
46 TION THE CANDIDATE;
47 8. Engage the services of private consultants on a contract basis for
48 rendering professional and technical assistance advice;
49 9. Procure insurance against any loss in connection with its activ-
50 ities, properties and other assets, in such amount and from such insur-
51 ers as it deems desirable;
52 10. Charge and collect fees, rents and other charges for the occupancy
53 or other use of real or personal property or facilities owned, operated,
54 managed or regulated by the corporation;
55 11. Accept any gifts or grants of money or property, or financial or
56 other aid in any form, from the federal government, the state, or the
A. 6103 5
1 city (or any instrumentality of any such government) or from any other
2 source and, subject to the provisions of this act and other applicable
3 law, to comply with any conditions of such assistance and execute any
4 contracts or other instruments in connection therewith;
5 12. Invest any funds of the corporation, or any other monies under its
6 custody and control not required for immediate use or disbursement, at
7 the discretion of the corporation, in obligations of the state or the
8 United States government or obligations the principal and interest of
9 which are guaranteed by the state or the United States government, or in
10 any other obligations in which the comptroller of the state is author-
11 ized to invest pursuant to section [ninety-eight] 98 of the state
12 finance law;
13 13. Enter into such agreements with the state, the urban development
14 corporation and the city as the parties thereto deem appropriate to
15 effectuate the provisions of this act;
16 14. Assume and perform the obligations and responsibilities of the
17 urban development corporation under the lease, the tramway franchise,
18 and all other contracts, leases, and agreements heretofore entered into
19 by the urban development corporation relating to the development,
20 management and operation of Roosevelt Island (except that the corpo-
21 ration shall not assume any of the rights, duties and responsibilities
22 of the urban development corporation in relation to any bonds or notes
23 issued, or mortgages or security agreements held, by the urban develop-
24 ment corporation or any of its subsidiaries) and exercise all of the
25 rights of the urban development corporation with respect thereto; [and]
26 15. Do and perform all other acts necessary or convenient to carry
27 out the foregoing in connection with the development, management or
28 operation of Roosevelt Island.
29 S 5. RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS;
30 APPLICABILITY OF LOCAL LAWS. 1. The corporation shall promulgate such
31 rules and regulations as it shall deem appropriate to provide an oppor-
32 tunity for residents of Roosevelt Island to comment upon any major
33 amendment of the development plan for Roosevelt Island referred to in
34 the lease at a public hearing held prior to its adoption by the corpo-
35 ration.
36 2. Any amendment of the development plan for Roosevelt Island referred
37 to in the lease shall be subject to the review and approval of the
38 director of the budget, and the corporation shall not enter into any
39 agreement for the design or construction of any improvement provided for
40 in any [such] amendment TO THE DEVELOPMENT PLAN FOR ROOSEVELT ISLAND
41 prior to [such] approval.
42 3. The requirements of all local laws, ordinances, codes, charters or
43 regulations shall be applicable to the construction, alteration or
44 improvement of any building or structure on Roosevelt Island, provided
45 that the corporation may, in lieu of such compliance, determine that the
46 requirements of the New York state uniform fire prevention and building
47 code, formulated by the state fire prevention and building code council
48 pursuant to article eighteen of the executive law, shall be applicable
49 to such work. In the event of such compliance with the New York state
50 uniform fire prevention and building code, the city shall have no power
51 to modify any drawings, plans or specifications for such work or for the
52 plumbing, heating, lighting or other mechanical branches thereof, or to
53 require that any person, firm or corporation employed on any such work
54 perform the same except as provided by such plans and specifications or
55 obtain any additional authority, approval, permit or certificate from
56 the city in connection therewith.
A. 6103 6
1 S 6. POWERS AND DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND
2 TRAMWAY FRANCHISE. 1. The corporation shall perform all obligations of
3 the urban development corporation or any of its subsidiaries with
4 respect to the development, management and operation of Roosevelt
5 Island, including, without limitation, all such obligations arising
6 under the lease and the tramway franchise.
7 2. The urban development corporation, the division and the corporation
8 shall each use their best efforts to obtain any required consents to the
9 assignment of the lease and the tramway franchise from the urban devel-
10 opment corporation to the corporation and to any other assumption by the
11 corporation of the obligations of the urban development corporation or
12 any of its subsidiaries under any other contracts, leases, agreements or
13 instruments entered into by the urban development corporation, or any
14 such subsidiary, relating to the development, management or operation of
15 Roosevelt Island (other than any bonds or notes issued, or mortgages or
16 security agreements held, by the urban development corporation or any of
17 its subsidiaries) and, upon obtaining such consents, the corporation and
18 the urban development corporation shall enter into such agreements and
19 take such actions as shall be necessary to effectuate such assignments
20 and assumptions, provided that in order to permit the urban development
21 corporation to recover the investment which it has heretofore made in
22 the development of Roosevelt Island, such agreements shall provide
23 appropriate assurances satisfactory to the urban development corporation
24 (a) for the prompt payment directly to the urban development corporation
25 of (i) all sums from time to time due from lessees under the development
26 subleases and (ii) all sums received by the corporation from the city in
27 connection with the termination of the lease, and (b) for the amending
28 or supplementing of the development subleases to the extent, if any,
29 necessary to protect the rights of the holders of any mortgages on the
30 leasehold interests created thereunder. Nothing in this act shall (a)
31 constitute or authorize an assignment by the urban development corpo-
32 ration (or any subsidiary thereof) of any mortgage or security interest
33 held by the urban development corporation (or any such subsidiary) on
34 any real or personal property or interest therein on Roosevelt Island or
35 any rights or obligations of the urban development corporation (or any
36 such subsidiary) arising under any such mortgage or security agreement,
37 (b) relieve the urban development corporation of any of its obligations
38 under any bonds heretofore issued by the urban development corporation,
39 or (c) otherwise affect the interests of the holders of any such bonds.
40 3. All revenues (other than state appropriations) derived from the
41 contracts, leases, agreements or instruments assigned to or assumed by
42 the corporation pursuant to subdivision two of this section shall be
43 applied first to the payment of those obligations assigned to or assumed
44 by the corporation.
45 4. The urban development corporation and the corporation are hereby
46 authorized to enter into such agreements with the city as the corpo-
47 ration shall determine to be appropriate to amend, reform or supplement
48 the lease (including the development plan referred to therein) and the
49 tramway franchise in order to carry out the purposes of this act. The
50 provisions of any general, special or local law notwithstanding, the
51 city is hereby authorized, upon the approval of the board of estimate of
52 the city, to enter into any such agreements with the corporation and the
53 urban development corporation.
54 S 7. EQUAL EMPLOYMENT OPPORTUNITIES. 1. The corporation shall not
55 discriminate against employees or applicants for employment because of
56 race, creed, color, national origin, sex, age, disability or marital
A. 6103 7
1 status, and will undertake or continue programs of affirmative action to
2 ensure that minority group persons and women are afforded equal employ-
3 ment opportunity without discrimination. Such action shall be taken with
4 reference, but not be limited, to recruitment, employment, job assign-
5 ment, promotion, upgrading, demotion, transfer, layoff, termination,
6 rate of pay or other forms of compensation, and selections for training
7 or retraining, including apprenticeship and on-the-job training.
8 2. The corporation shall request each employment agency, labor union,
9 or authorized representative of workers with which it has a collective
10 bargaining or other agreement or understanding, to furnish a written
11 statement that such employment agency, labor union or representative
12 shall not discriminate because of race, creed, color, national origin,
13 sex, age, disability or marital status and that such union or represen-
14 tative will cooperate in the implementation of the corporation's obli-
15 gations hereunder.
16 3. The corporation shall state, in all solicitations or advertisements
17 for employees placed by or on behalf of the corporation, that all quali-
18 fied applicants will be afforded equal employment opportunity without
19 discrimination because of race, creed, color, national origin, sex, age,
20 disability or marital status.
21 4. The corporation shall seek meaningful participation by minority
22 business enterprises in the programs of the corporation and shall
23 actively and affirmatively promote and assist their participation in the
24 corporation's programs, so as to facilitate the award of a fair share of
25 contracts to such enterprises. For purposes hereof, "minority business
26 enterprise" shall mean any business enterprise which is at least
27 [fifty-one] 51 per centum owned by, or in the case of publicly owned
28 business, at least [fifty-one] 51 per centum of the stock of which is
29 owned by, citizens or permanent resident aliens who are Black, Hispanic,
30 Asian, American Indian or women, and such ownership interest is real,
31 substantial and continuing.
32 S 8. [a.] NOTICE OF CLAIMS. 1. The state shall indemnify and hold
33 harmless the corporation, urban development corporation and safe afford-
34 able housing for everyone, inc., and pursuant to section [seventeen] 17
35 of the public officers law, their respective officers, directors and
36 employees, from and against any and all liability, claim, loss, damage,
37 suit or judgment and any and all costs and expenses (including, but not
38 limited to, counsel fees and disbursements) that such corporations or
39 their officers, directors or employees may suffer or incur, whether
40 before or after the date hereof, as a result of either (a) the develop-
41 ment, management or operation of Roosevelt Island or (b) the performance
42 or non-performance by the division of any of its obligations or duties
43 with respect to Roosevelt Island. All of the provisions of section
44 [seventeen] 17 of the public officers law which are not inconsistent
45 with this section shall apply to the officers, directors, and employees
46 of such corporations, including the provisions relating to the defense
47 by the attorney general or private counsel of any civil action and the
48 payment of legal costs incurred in connection with the defense of any
49 such action. Any member, officer or employee of such corporations seek-
50 ing to be saved harmless or indemnified or to claim any other benefits
51 available pursuant to this section or section [seventeen] 17 of the
52 public officers law shall comply with the procedural requirements of
53 such section [seventeen] 17. As used in this section the terms
54 "member", "officer" and "employee" shall include a former member, offi-
55 cer or employee, his estate or judicially appointed personal represen-
56 tative.
A. 6103 8
1 2. A notice of claim, served in accordance with the provisions of
2 section [fifty-e] 50-E of the general municipal law, shall be a condi-
3 tion precedent to the commencement of an action against the corporation,
4 its officers, directors and employees. No such action shall be commenced
5 more than one year after it has accrued, except that an action against
6 the corporation for wrongful death shall be commenced within the notice
7 of claim and time limitation provisions of title [eleven] 11 of article
8 [nine] 9 of the public authorities law.
9 [b. 1.] 3. Notwithstanding the provisions of section [one hundred
10 thirteen] 113 of the retirement and social security law and any other
11 general, special or local law, the Roosevelt Island operating corpo-
12 ration shall provide to persons employed by the Roosevelt Island operat-
13 ing corporation any retirement, disability, death or other benefits
14 provided or required pursuant to any agreement with a labor union of
15 which its employees are members, and the Roosevelt Island operating
16 corporation is hereby authorized to retroactively or in the future make
17 such contributions as may be necessary to provide such benefits.
18 [2.] 4. For purposes of the retirement and social security law,
19 persons employed by the Roosevelt Island operating corporation and to
20 whom the Roosevelt Island operating corporation provides any retirement,
21 disability, death and other benefits required pursuant to any agreement
22 with a labor union of which its employees are members, shall be deemed
23 not to be employees of the Roosevelt Island operating corporation. Such
24 other persons who are employees of the Roosevelt Island operating corpo-
25 ration as of the effective date of this act shall be eligible to receive
26 credit under the retirement and social security law for previous service
27 with the entities (or where applicable, their subsidiaries) made subject
28 to section [seventeen] 17 of the public officers law by subdivision [a]
29 ONE of this section.
30 S 9. ANNUAL BUDGET AND REPORT. 1. On or before September [fifteenth,
31 nineteen hundred eighty-four] 15, 1984 and on each September fifteenth
32 thereafter, the [chairman] CHAIR of the corporation shall make and
33 deliver to the director of the budget for his OR HER review AND TO THE
34 BOARD OF DIRECTORS a proposed budget for the operation of the corpo-
35 ration for the next fiscal year of the state. The [chairman] CHAIR of
36 the corporation shall also deliver a copy of such budget to the [chair-
37 man] CHAIR of the senate finance committee and the [chairman] CHAIR of
38 the assembly ways and means committee at the same time that the budget
39 is delivered to the director of the budget. The budget shall include the
40 total amount needed for corporate purposes, including the funds required
41 by the corporation for operation of Roosevelt Island facilities and
42 improvements, the source of all funds that the corporation expects to
43 receive and such other information as the director of the budget shall
44 require OR AS MAY BE REQUIRED BY THE BOARD OF DIRECTORS. The governor
45 shall recommend in his OR HER annual budget such appropriations to the
46 corporation for its CAPITAL NEEDS AND operations as he OR SHE deems
47 necessary.
48 2. The corporation shall submit to the director of the budget,
49 [chairman] CHAIR of the senate finance committee [and chairman], THE
50 CHAIR of the assembly ways and means committee, within ninety days after
51 the end of its fiscal year, a complete and detailed report setting forth
52 (a) [its] THE CORPORATION'S operations and accomplishments, and (b) its
53 receipts and expenditures during such fiscal year in accordance with
54 categories and classifications established by the corporation, with the
55 approval of the director of the budget, for its operating and capital
56 outlay purposes.
A. 6103 9
1 S 10. FUTURE MANAGEMENT STUDY. The corporation shall [also] study the
2 future operation and management of Roosevelt Island AT LEAST ONCE IN
3 EACH DECADE. [Such study shall be completed by December thirty-first,
4 nineteen hundred eighty-five.]
5 S 10-a. Open space development prohibited. Notwithstanding any other
6 provision of this act, or any other law to the contrary, on or after the
7 effective date of this section, no further development or construction
8 for other than park purposes shall be permitted on any real property
9 which is identified as open space areas in the general development plan
10 as amended May 10, 1990 and approved by the board of estimate of the
11 city of New York on August 17, 1990 and referred to in the lease defined
12 in subdivision six of section two of this act, and on such real property
13 shall remain open space areas for the duration of the lease unless such
14 development or construction includes the reconstruction, restoration,
15 rehabilitation or preservation of the historic landmarks located in such
16 open space areas and furthers the use of the areas surrounding the
17 historic landmarks as open space areas. Open space areas, as used in
18 this section shall INCLUDE, BUT NOT be limited to Lighthouse park, Octa-
19 gon park, Blackwell park, and South Point park.
20 S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The
21 obligations of the corporation shall not be debts of the state, and the
22 state shall not be liable thereon, and such obligations shall not be
23 payable out of any funds other than those of the corporation.
24 2. It is hereby found, determined and declared that the creation of
25 the corporation and the carrying out of its purposes is in all respects
26 for the benefit of the people of the state and is a public purpose, and
27 that the corporation will be performing an essential governmental func-
28 tion in the exercise of the powers conferred upon it by this act. The
29 corporation and its operations, property and moneys shall be free and
30 exempt from taxation of every kind by the city and the state and any
31 subdivision thereof. Except as hereinabove provided and except as may
32 otherwise specifically be provided, nothing contained in this act shall
33 confer exemption from any tax, assessment or fee upon any person, firm,
34 corporation or other entity, or upon the obligations of any of them.
35 3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE
36 ADOPTED BUDGET OR A MODIFICATION APPROVED BY THE BOARD OF DIRECTORS.
37 EXPENDITURES SHALL BE MADE BY CHECK, SIGNED AS PROVIDED BY THE BY-LAWS.
38 S 12. DIVISION OF HOUSING AND COMMUNITY RENEWAL; ASSISTANCE AND
39 SERVICES. The corporation may from time to time request the division to
40 perform such services and render such technical assistance to the corpo-
41 ration with respect to the development, management or operation of
42 Roosevelt Island as the corporation deems necessary or convenient and
43 may provide for the reimbursement to the division by the corporation of
44 the reasonable cost of such services. The division is hereby authorized
45 to perform such services and render such technical assistance as may be
46 agreed upon between the division and the corporation pursuant to this
47 section. In addition, the commissioner is hereby authorized to represent
48 the corporation in any negotiations with the city concerning amendments
49 or supplements to or reformations of the lease and tramway franchise as
50 contemplated by section six of this act.
51 S 13. OPERATION OF MOTOR VEHICLES. In addition to any other power
52 conferred upon it by this act, the corporation is hereby authorized to
53 prescribe rules and regulations governing the operation (including the
54 parking, standing or stopping) of vehicles on Roosevelt Island; provided
55 however, that such rules and regulations shall not UNREASONABLY restrict
56 access to any city facilities situated on Roosevelt Island nor unreason-
A. 6103 10
1 ably restrict parking by city of New York employees, their visitors and
2 invitees IN THE IMMEDIATE VICINITY OF SUCH CITY FACILITIES. The
3 violation of such rules or regulations shall be an offense punishable
4 upon a first conviction thereof by a fine of not more than [fifty] 50
5 dollars, upon a second within a period of [eighteen] 18 months by a fine
6 of not more than [one hundred fifty] 150 dollars, and upon a third or
7 subsequent conviction thereof within a period of [eighteen] 18 months by
8 a fine of not more than [one hundred fifty] 150 dollars, or by imprison-
9 ment for not more than [thirty] 30 days, or by both such fine and such
10 imprisonment. For purposes of enforcement and administration of such
11 rules and regulations, including but not limited to conferring jurisdic-
12 tion with respect thereto upon the applicable courts and administrative
13 tribunals, all provisions of law relating to, and rules or regulations
14 of, the New York city department of transportation not inconsistent with
15 this act shall be applicable.
16 S 14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
17 of this act or the application thereof shall be adjudged invalid, such
18 judgment shall not affect or invalidate any other section, clause or
19 provision of this act.
20 S 15. TRANSFER OF FUNDS. 1. Notwithstanding the provisions of any
21 general or special law, the director of the budget is authorized to
22 transfer to the corporation from funds appropriated to the division for
23 the fiscal year beginning April [first, nineteen hundred eighty-four] 1,
24 1984, the amount he determines necessary to carry out the provisions of
25 this act, including providing for Roosevelt Island operations, capital
26 improvement program and any other appropriate management expenses.
27 2. Notwithstanding the provisions of any general or special law, no
28 part of such appropriations shall be available for the purposes desig-
29 nated until a certificate of approval of availability shall have been
30 issued by the director of the budget and a copy of such certificate is
31 filed with the state comptroller, the [chairman] CHAIR of the senate
32 finance committee and the [chairman] CHAIR of the assembly ways and
33 means committee. Such certificate may be amended from time to time,
34 subject to the approval of the director of the budget, and a copy of
35 each such amendment shall be filed with the state comptroller, the
36 [chairman] CHAIR of the senate finance committee and the [chairman]
37 CHAIR of the assembly ways and means committee.
38 S 16. This act shall take effect [thirty days] ON THE THIRTIETH DAY
39 after it shall have become a law.
40 S 2. This act shall take effect immediately.
