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8/4/2019 Bid District Plan-final Amended Budget091611-2
http://slidepdf.com/reader/full/bid-district-plan-final-amended-budget091611-2 1/14
Business Improvement
District Plan
For the
Business Alliance of Kingston
Kingston, NY
September 2, 2011
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District Plan for the Kingston Business Improvement District
Page 2
CONTENTS
I. Map of District ......................................................................................................................................................... 3
II. Present and Proposed Uses of Property ....................................................................................................... 3
III. Proposed Services ................................................................................................................................................. 5
IV. Proposed Improvements .................................................................................................................................... 7
V. Proposed Sources of Financing ........................................................................................................................ 8
VI. Proposed Expenditures: Annual Budget .................................................................................................... 11
VII. Benefited Properties ........................................................................................................................................... 13
VIII. District Management Association ................................................................................................................. 13
IX. Rules and Regulations Applicable to the District ................................................................................... 14
Exhibits ...................................................................................................................................................................................... 14
I. Exhibit A: Map of district .................................................................................................................................. 14
II. Exhibit B: Letter of Authorization ................................................................................................................. 14
III. EXhibit C: Tax Blocks and Lots of Benefited Properties ...................................................................... 14
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District Plan for the Kingston Business Improvement District
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I. MAP OF DISTRICT
The proposed Kingston Business Improvement District (KBID) is located in the City of Kingston, NY
and generally includes properties located along Broadway between Albany Avenue and Orchard
Streets in Midtown, and along Broadway between Spring and East Strand in the Rondout.
The District is further defined and delineated on the map annexed hereto as Exhibit A.
This plan (the “Plan”) was authorized by the City of Kingston Common Council on August 17th, 2011
and the resolution is annexed hereto as Exhibit B.
II. PRESENT AND PROPOSED USES OF PROPERTY
A. AREA PROFILE
The City of Kingston is located within the County of Ulster with a rich history that includes a short
stint as the former capital of New York State and the location of a thriving commercial hub at the
terminus of Rondout creek along the Hudson River. As of the 2000 census, there were 23,456
people, 9,871 households, and 5,498 families residing in the city.
The City of Kingston includes three historic districts. In the Uptown District, the “Stockade District”
once held the distinction as the former capital of New York State. Traveling south along Broadway
one encounters the “Chestnut Street Historic District” before arriving at the “Rondout -West Strand
Historic District .” The proposed Business Improvement District, with Broadway as its spine,
includes the “Rondout-West Strand Historic District”.
The proposed Business Improvement District is comprised of the following two distinct commercial
sub districts:
Midtown, centrally located along Broadway between Albany Avenue and McIntee Street.
The Midtown commercial sub-district is comprised of approximately 229 properties.
The Rondout, located along the terminus of Rondout Creek in the southeast quadrant of
the city continues along Broadway from McIntee Street to East Strand and the
waterfront. The Rondout commercial sub-district is comprised of a total of
approximately 124 properties.
While the City has experienced a certain level of disinvestment and in increase in vacancies over the
last few decades, the City of Kingston remains a diverse community whose “City in the Country”
identity continues to draw visitors and new residents alike. This identity, and the City’s proximity
to New York, has also helped attract a growing artist community.
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District Plan for the Kingston Business Improvement District
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B. TRANSPORTATION PROFILE
The City of Kingston is very well served by regional transit, including the New York State Thruway,
a limited-service highway that deposits visitors via Interstate 587 connector to Midtown.
Commuter service is also available by bus to New York City via a bus terminal in the Uptown
district. About 10 miles away is the Rhinecliff-Kingston Amtrak station. U.S. Highway 9W runs
North-South through the City.
The Hudson River and Rondout Creek were once important commercial waterways, but now
provide the majority of their service to leisure boats.
C. COMMERCIAL PROFILE
The Midtown commercial district is characterized by a diverse mix of businesses, including a
number of businesses dedicated to the creative industries (i.e. ceramics, woodwork), restaurants,
particularly in the vicinity of the Ulster Performing Arts Centers. The Rondout commercial district’scommercial properties are characterized by more seasonal retail uses, including restaurants,
galleries, the Hudson River Waterfront Museum and the marina.
Of the approximately 460 commercial properties within the District, approximately three quarters
are classified as Non-Homestead (non-residential) properties, including a variety of businesses
such as plumbing, heating and industrial services. South of the CSX train tracks, Midtown is home to
the City’s government offices, as well as the Kingston Hospital. In the vicinity of the Kingston
Hospital are a small cluster of medical-related businesses and services, as well as a number of
restaurants primarily serving daytime employees.
D. RESIDENTIAL PROFILE
The mixed use nature of the Midtown and Rondout commercial districts means that there are a
number of solely residential properties integrated into the BID district – approximately one quarter
of benefitted properties. These include a mix of single, two-family and three-family residential
structures.
E. NON-PROFIT AND PUBLIC USES
There are a number of government facilities and non-profit cultural, social and religious institutions
within the BID boundaries. North of the CSX tracks is the Ulster Performing Arts Center. South of
the CSX tracks are City Hall, Kingston High School, YMCA, Kingston High School, and Kingston
Hospital.
F. DISTRICT ISSUES AND CONCERNS
There are two commercial sub-districts within the boundaries of the proposed Kingston Business
Improvement District. These are Midtown and the Rondout. In order to determine needs of each
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sub-district, the BAK led a needs assessment that included a survey, interviews with local
stakeholders, and facilitated discussions with four focus groups comprised of property owners,
business owners, residents and local artists. The goal was to determine the nexus of shared
concerns about current and future economic conditions and outline a set of programmatic tasks
that would form the basis of the set of services and improvements assumed by the KBID.
The assessment determined that there are a number of areas where maintenance, services and
improvement needs overlap, namely in the areas of general sanitation, security, commercial
vacancies, and access/transportation/parking. The need for substantial improvements to physical
infrastructure (streets, sidewalks, facades) was deemed most critical in the Midtown area. There is
also widespread recognition that Midtown sits at the most trafficked entrance to Kingston and
therefore has an outsized impact on public perception, which ultimately affects the rest of the City.
It was agreed that Midtown therefore more urgently requires a set of improvements to physical
infrastructure than the other two districts at this time. Issues of physical degradation contribute to
the sense of insecurity in Kingston and were important concerns that prompted the creation of the
BID.
III. PROPOSED SERVICES
A. SERVICES
The goal of the KBID is to maintain and enhance the economic viability of Kingston’s commercial
districts. To accomplish this goal, the KBID intends to provide a variety of services that are either
not provided or that are supplemental to services provided by the City of Kingston and other
agencies which service the business community. The services to be provided pursuant to this Plan
(the “Services”) may include any services required for the enjoyment and protection of the publicand the promotion and enhancement of the District, as set forth in Article 19-A General Municipal
Law.
The primary goals of the KBID are to 1) attract shoppers, visitors, employees and businesses to the
district, 2) improve the public perception of Kingston as a safe and friendly place to work, shop and
do business, and 3) work towards ensuring the business environment in Kingston remains
competitive vis-à-vis other similar communities.
Throughout the district, services would focus on sanitation, streetscape improvements and façade
improvements that address the aesthetics of the district and improve the sense of safety within the
district.
To accomplish this goal, the KBID may provide the following types of services in the first year of the
District’s operations:
1. Sanitation, Security & Streetscape
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The BID will establish a supplemental sanitation and area maintenance program to enhance the
physical appearance, cleanliness and sense of safety within the district. All services will be
supplemental to those services provided by the City of Kingston and may include, but not be limited
to: supplemental sweeping of sidewalks, curbs and gutters; maintenance of BID-sponsored
beatification efforts; and special problems related to the District’s cleanliness as may arrive.
Any sanitation and district maintenance program will supplement existing city, merchant and
property owner cleaning efforts. As such the BID will work closely with the City Department of
Public Works and local merchants and property owners. To insure success, the program will be
monitored through periodic surveys and inspections by the BID, maintenance of staff activity logs,
and on-going communication between all parties involved.
2. Marketing & Promotion
Promotional services may include, but will not be limited to promotion of local commercial
opportunities and will be designed to attract, retain and stabilize and expand business activities inthe area. These activities may include, but shall not be limited to: publication of newsletters, a
Kingston business directory and destination brochures, print, broadcast and/or internet
promotions, institutional advertising, public relations campaigns for holidays and season activities,
the creation and installation of promotional signage; tourism assistance and special promotions.
The marketing and promotional program is designed to supplement and support existing efforts
and will be monitored through periodic surveys and on-going oversight by local merchants and
property owners. Efforts will be made to promote shopping in the district to both local residents as
well as shoppers throughout the region.
3. Administrative Management
The District will be managed and administered by a District Management Association (DMA), to be
established as a not-for-profit corporation. The DMA will be responsible for carrying out the
activities prescribed in this plan and conducting activities to promote and support eh District.
Management of the District entails securing, overseeing and monitoring all supplemental services
to be undertaken in the District as specified herein. Additional responsibilities may include, but
need not be limited to: budgeting, fiscal coordination, identifying and apply for any public or private
funds available to support District operations and/or to offset the District’s specialassessment,
business advocacy, and periodic reporting as necessary to City and State agencies.
Administration of the District will be by salaried staff which may include but will not be limited to:
an Executive Director, staff directors, secretary and other special staff and/or consultants that the
Board of Directors may deem necessary from time to time, such as accountants and legal advisors,
with fringe benefits and expenses. Administrative costs may also include office rental and
equipment, office supplies including telephones, and insurance.
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4. Additional Services
Subject to any approvals and controls that may be required by any city agency having jurisdiction
thereof, and in addition to the approval of the Board of Directors of the BID, as defined below, in
subsequent years, the District may provide such additional services as are permitted by law.
B. IMPLEMENTATION SCHEDULE
Implementation of BID Services will be authorized through a contract between the City of Kingston
and the DMA. The Contract will define the responsibilities of the DMA and provide for the levy and
collection, by the City of Kingston, of the special assessments to finance the BID’s operations. It is
anticipated that the Kingston BID will commence most services during the first Contract Year (each
year of the Contract term between the parties constitutes a “Contract Year”). The services may be
phased in over time as revenues are generated.
C. GENERAL PROVISIONS
All services shall be in addition to (and not in substitution for) required and customary municipal
services provided by the City of Kingston) on a city-wide basis.
All Services need not be performed in every Contract Year.
The staff and/or subcontractors of the DMA may render such administrative services as are needed
to support performance of the Services.
In the event that in any given Contract Year the sources of funding (as same are described in Section
V of this Plan) do not in the aggregate produce revenues equal to the Total Annual Budget Amount
(hereinafter defined), the DMA may, subject to the Contract, forego providing one or more or all
services in order to have revenues sufficient to pay the debt service required in the Budget
(hereinafter defined) for such Contract Year.
IV. PROPOSED IMPROVEMENTS
D. IMPROVEMENTS
The improvements (the “Improvements”) to be provided pursuant to this Plan may include, but are
not limited to, the following, provided that any Improvements that require review and approval by
an appropriate City agency shall be submitted to that City agency prior to undertaking any
Improvement.
Improvements refer to capital investments to enhance, beautify and improve the sense of security
within the district, including the following proposals, but not limited to:
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sidewalk plantings, trees, shrubs, flowers in containers or at grade, that enhance
aesthetics and appearance
Façade/storefront improvements that enhance aesthetics and appearance
Exterior building lighting to enhance security
The creation and installation of improved directional signage to parking, individualsub districts and other district amenities
Open space enhancements
The BID does not anticipate making any Improvements in the first year of operation. The BID may
make Improvements in subsequent years.
E. IMPLEMENTATION SCHEDULE
The Improvements shall be implemented on an as needed basis after the appropriate planning,
design and approvals are completed and secured.
F. GENERAL PROVISIONS
All Improvements shall be in addition to and not in substitution for required and customary
municipal improvements provided by the City on a citywide basis.
The staff and/or subcontractors of the DMA may render such administrative services as are needed
to support construction of the Improvements.
V. PROPOSED SOURCES OF FINANCING
A. SOURCES OF FUNDING: GENERAL
The proposed sources of funding are for all (i) Services, (ii) proceeds derived from indebtedness
permitted pursuant to paragraph B herein below, and (iii) administrative costs necessary to
support the program contemplated under this Plan, and (iv) Improvements shall be the sources of
funding described in paragraphs B through F (inclusive). Subject to requirements of law, the DMA
may apply all monies derived from the sources of funding permitted herein toward funding any
expenditure permitted under this Plan.
B. SOURCE OF FUNDING: ASSESSMENTS
The DMA may enter into a Contract (hereinafter defined) with the City of Kingston for the purpose
of having the City levy and collect, and then disburse to the DMA, assessments with respect to the
Benefited Properties in exchange for the rendering of Services and Improvements by the DMA. Such
assessments, as described herein, shall be defined as “Assessments”.
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1. General
To defray the cost of Services and Improvements in the District, all real property in the District shall
be assessed in proportion to the benefit such property receives from the Services and
Improvements. Each property will be assessed an amount determined by the DMA, that when
totaled together with the amounts for other properties in the District, shall yield an amount
sufficient to meet its annual budget. Each individual assessment shall be calculated pursuant to the
assessment formula set forth below multiplied by the percentage for the type of property in
question. The assessment amount may not be greater than that allowed pursuant to Article 19-A of
the New York State Municipal Law, however, in any given year, the DMA may elect to assess
properties at a lower rate.
2. Specific Formula
Each year, each property will be assessed at a rate determined by the DMA, which may be less than,
but not greater than, that allowed pursuant to Article 19-A of the New York State Municipal Lawand yielding an amount sufficient to meet its annual budget. In general, the BID levy for all
commercial properties will be applied on the total assessed value of the property within the
boundaries of the District. The assessed value of each property shall be defined as the amount
reflected in the most recent City tax rolls. Tax Exempt and Publically Owned Properties such as
churches, government agencies and not-for-profit owned properties, shall be exempt from the
assessment. Solely residential properties shall be assessed at $1.00 per year.
Specific classes of property and the formulas for their assessment are as follows:
Class A: Non-Homestead Properties
All properties, commercial in nature, defined as “Non-homestead class” pursuant to Article 19,
Section 1901 of the New York State Real Property Tax Law shall constitute Class A Property.
The BID levy or assessment for Class A Property will be calculated at a rate based on each
property’s total assessed value as shown on the most recent tax roll of the City of Kingston. The BID
assessment can be no more than that allowed pursuant to Article 19-A of the New York State
Municipal Law in any given year. Accordingly, the maximum BID levy in any year will be
determined by the following formula:
BID Assessment =
(20% x Municipal Non-Homestead Tax Rate) x (Full Taxable Non-Homestead Assessment)1
1 Annually, both the Municipal Non-Homestead Tax Rate and the Full Taxable Non-Homestead Assessment will be based on the most recent year’s rate and assessment.
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In any given year, the BID may elect to assess each property at less than the permitted full
assessment allowed as defined above. Accordingly the BID has elected that in the first Contract
Year, the Class A Property Rate shall be charged at less than the full BID assessment allowed; it will
be calculated at a rate of .002298 of each property’s total assessed value.
Class B: Homestead Properties
All properties, residential in nature, defined as “Homestead class” pursuant to Article 19, Section
1901 of the New York State Real Property Tax Law shall constitute Class B properties. These
properties are to be assessed at a total sum of $1.00 per year.
Class C: Tax Exempt and Publically Owned
Properties devoted to public and/or Not-for-Profit uses, including municipal parking facilities, and
which are exempt from taxes shall constitute Class C Property and shall not be assessed.
C. SOURCES OF FUNDING: ADDITIONAL
Grants and Donations
The DMA may accept grants and donations from private institutions, the City, County, State and
Federal governments, or other public entities, individuals, and other not-for-profit organizations.
Borrowing
Subject to subparagraphs 2 and 3 immediately herein below, the DMA may borrow money from
private lending institutions, the City, other public entities, individuals or other not-for-profit
organizations for the purpose of funding operations or financing the costs of improvements.
The use of monies received by the DMA from the City or any other public entity, whether in the
form of a grant or as proceeds from a loan, shall be subject to: (i) all statutory requirements
applicable to the expenditure and use of such monies, and (ii) any contractual requirements
improved by the City (whether pursuant to the Contract or otherwise) or by any other public entity,
as the case may be.
Any loans, which the DMA may enter into as borrower, shall be subject to Section VI (“Proposed
Expenditures: Annual Budgets”) of this Plan.
Charges for User Rights
The DMA may undertake or permit commercial activities or other private uses of the streets or
other parts of the District in which the City has any real property interest (the “User Rights”)
provided, however, that (i) the User Rights to be so undertaken or permitted by the DMA shall have
been set forth in this Plan or authorized for licensing or granting by the City to the DMA.
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Other
The DMA may derive revenues from any other sources of funding not heretofore mentioned and
which are permitted by law.
The amounts, exclusive of debt service, assessed and levied in a given year against the BenefittedProperties as Assessments may not exceed 20% of the total general City taxes levied in that year
against the Benefitted Properties.
D. ASSIGNMENT OF FUNDING
The DMA may assign revenues from the sources of funding described in paragraphs A, B, and C of
this Section V for the purposes of securing loans which the DMA enters into pursuant to paragraph
D of this Section V, provided such assignments are subject to the requirements of Section VI
(“Proposed Expenditures”) of this Plan.
VI. PROPOSED EXPENDITURES: PROJECTED ANNUAL BUDGET
A. TOTAL ANNUAL EXPENDITURES
The total amount proposed to be expended by the DMA in accordance with the approved Plan for
Services in the first year of the Districts operations is approximately $200,000, as more fully set
forth in subsection B of this Section VI (“Proposed Expenditures”).
The annual amount, and use, of funds to be raised and expended by the DMA in subsequent years
shall not be greater than the aggregate amount of all monies which the DMA may collect for the
Contract Year in question from all funding sources permitted under Section V (“Proposed Sourcesof Financing”) of this Plan.
During the lifetime of this BID, the maximum or total cost (amount) of funds to be expended on
capital improvements, if the BID decides to undertake any improvements, shall not exceed
$1,000,000.
B. PROJECTED ANNUAL BUDGET
It is estimated that the annualized budget of proposed expenditures to be made during the first
Contract Year is as follows:
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1. First Year Budget -Services
Security guard $50,000 25%
Sanitation $46,000 23.12%
Marketing and Promotion $12,000 6.03%Streetscape Maintenance $10,000 5.03%
BID manager $40,000 20.10%
BID maintenance supervisor $20,000 10.05%
Labor overhead $15,000 7.54%
Other Support Exp $6,000 3.02%
Total $199,000 100.00%
Improvements are not anticipated during the first Contract Year.
2. Subsequent Budgets
The DMA shall establish for each Contract Year after the first Contract Year, a proposed budget of
expenditures. Such proposed budgets shall (with respect to the Contract Years to which they
respectively apply): (i) reasonably itemize the purpose for which monies are proposed to be
expended by the DMA; (ii) specify the amount, if any, proposed to be expended by the DMA for debt
service; and (iii) set forth the total amount proposed to be expended (the “Total Annual Budget
Amount”). A proposed budget, whether for the First Contract Year or for a subsequent Contract
Year, shall be referred to as a “Budget.”
C. GENERAL PROVISIONS
The DMA shall make no expenditure other than in accordance with and pursuant to: (i) a Budget for
which a Total Annual Budget Amount has been approved by the Mayor and the City Council and the
Directors of the DMA, (ii) any provisions in the Contract providing for the satisfaction of
outstanding obligations of the DMA; or (iii) any provision sin in the Contract providing for the
expenditure of amounts provided for in the Budget, but not expended in the previous Contract Year.
The Total Annual Budget Amount shall not exceed the maximum total and annual amount which the
DMA may expend for the contract year in question pursuant to paragraph A of this Section VI.
The Total Annual Budget Amount shall not be less than the amount needed to satisfy the DMA’s
debt service obligations for the Contract Year in question.
Subject to the DMA’s need to satisfy its debt service obligations for the Contract Year in question,
the DMA may revise itemizations within any Budget.
In the event that in any given Contract Year the sources of funding do not in the aggregate produce
revenue equal to the Total Annual Budget Amount for such contract Year, the DMA may, subject to
the Contract, forego some or all of the non-debt service expenditures as are provided for in the
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Budget in question in order to have revenues sufficient to pay the debt service provided for in such
Budget.
VII. BENEFITED PROPERTIES
The provision of Services and Improvements shall benefit all properties within the District (the
“Benefited Properties”). The Benefited Properties are described by the tax blocks and lots listed in
Exhibit X herein and as found on the District Map.
VIII. DISTRICT MANAGEMENT ASSOCIATION
The District Management Association (DMA) established as the Kingston Business Improvement
District will be incorporated under Section 402 of the New York State Not-for-Profit Law. The DMA
is organized for the purpose of executing the activities prescribed in this plan and conducting
activities to promote and support the District. Management of the District entails securing,
overseeing and monitoring all supplemental services to be undertaken in the District as specified
herein. Additional responsibilities may include, but need not be limited to: budgeting, fiscal
coordination, indentifying and applying for any public or private funds available to support District
operations and/or to offset the District’s special assessment, business advocacy, and periodic
reporting as necessary to City and State agencies.
Management of the District may be accomplished by hiring of staff and/or consultants, by
subcontracting management services to a local organization, or by volunteerism from the BID’s
Board of Directors or membership (hereinafter defined in Section VIII). Special staff or consultants
that may need to be hired include, but need not be limited to: a BID Manager, promotion specialists,
economic development and planning consultants, accountants, and legal counsel.
The DMA will be organized exclusively for the purposes as specified in Section 501 © of the Internal
Revenue Code of 1986, as amended.
The DMA will have four classes of voting membership and one class of non-voting membership. The
voting classes are composed of (i) owners of record of real property located within the District; (ii)
retail and commercial tenants leasing space within the District; (iii) residential tenants leasing
space within the District; (iv) public representatives which shall included one member appointed
by public representatives pursuant to Article 19a. The non-voting class may include a community
representative and others with an interest in the welfare of the District, including not-for-profit
institutions serving the District.
Each voting class will elect members of its own class to the Board of Directors in the manner
prescribed by the by-laws of the Corporation. The Board of Directors will include representatives of
the owners of record of real property within the District (which shall constitute of a majority of the
Board); the representatives of commercial tenants lasing space within the District; representatives
of residential tenants leasing space within the District; and one members appointed by each of the
following public officials: the Chief Executive Officer, Chief Financial Officer and a representative of
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the City legislative body. It is the intent of the KBID that the Board of Directors includes owners of
record who operate for-profit, commercial businesses within the District.
IX. RULES AND REGULATIONS APPLICABLE TO THE DISTRICT
The rules and regulations proposed for governing the operation of the District and the provision of
Services and Improvements by the DMA (the “Regulations”) are set forth below:
The DMA shall obligate itself to provide the Services and Improvements in a Contract or Contracts
into which both the City and the DMA shall enter (collectively the “Contract”) for a specified term.
Each year of the Contracts shall be defined as a “Contract Year.” The City shall, pursuant to the
terms, conditions and requirements of the Contract, levy and collect, and then disburse to the DMA,
the Assessments. Such disbursements shall be mad in accordance with general procedures for the
payment of other City expenditures.
The DMA shall provide an annual report of its activities, goals and achievements in relation to itsmission as it has been set forth in this Plan. This will be submitted to the Mayor and the City Council
and copies will be available upon request.
The DMA may let sub-contracts for the performance of supplemental services and improvements
subject to the applicable provisions of law and contracts within the City.
EXHIBITS
I. EXHIBIT A: MAP OF DISTRICT
II. EXHIBIT B: LETTER OF AUTHORIZATION
III. EXHIBIT C: TAX BLOCKS AND LOTS OF BENEFITED PROPERTIES