980-M - District management association.

§  980-m.  District  management  association.  (a)  There  shall  be a  district management association for each district  established  pursuant  to  the  provisions  of  this  article  (which  shall  pursuant  to  the  not-for-profit corporation law have one or more classes  or  membership,  voting or non-voting) for the purpose of carrying out such activities as  may   be  prescribed  in  the  plan.  Notwithstanding  any  inconsistent  provision of  paragraph  (e)  of  section  six  hundred  eleven  of  the  not-for-profit  corporation  law,  the  certificate  of incorporation or  by-laws of such association shall provide for voting  representation  of  owners of property and tenants within the district, and may provide that  the  votes  of members who are property owners be weighted in proportion  to the assessment levied or to be levied against the  properties  within  the  district,  provided that in no case shall the total number of votes  assigned to any one such member or to any number of such  members  under  common ownership or control exceed thirty-three and one-third percent of  the total number of votes which may be cast.    (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 its members shall represent  owners and  provided  further  that  tenants  of  commercial  space  and  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 city 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 is located and a  fourth additional member  shall  be  appointed  by  the  council  member  representing  the  council  district  in  which the proposed district is  located, or if the proposed district is located in more than one council  district, the fourth additional member will be appointed by the  speaker  of  the  city  council  after  consultation  with  the  council  members  representing the council districts in which  the  proposed  district  is  located.  The additional three members (four in a city of one million or  more) shall serve as the incorporators 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.    (c) In addition to such other powers as are conferred on  it  by  law,  the  district  management  association  may  make recommendations to the  legislative body with respect to any matter involving or relating to the  district.    (d) For such consideration as it may deem appropriate  and  consistent  with  the  powers  granted  pursuant to section nine hundred eighty-c of  this article, the legislative body may license or grant to the  district  management  association  the  right  to  undertake  or permit commercial  activities or other private uses of the streets or other  parts  of  the  district in which the municipality has any real property interest.