Bill Text: NY A02446 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes contiguous city, town, and village industrial development agencies to merge and authorizes industrial development agencies within the same county or counties to share services.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-04 - referred to local governments [A02446 Detail]
Download: New_York-2011-A02446-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2446--A 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. GALEF, COLTON, CASTRO -- Multi-Sponsored by -- M. of A. AMEDORE, CROUCH, MAGEE, MOLINARO -- read once and referred to the Committee on Local Governments -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to promoting government efficiency through mergers between contiguous city, town, and village industrial development agencies and service sharing between and among city, town, and village industrial development agen- cies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general municipal law is amended by adding a new 2 section 857 to read as follows: 3 S 857. MERGER OF INDUSTRIAL DEVELOPMENT AGENCIES. 1. (A) TWO OR MORE 4 TOWN, CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCIES, WHETHER WITHIN 5 THE SAME COUNTY OR DIFFERENT COUNTIES, OR A TOWN, CITY, OR VILLAGE 6 INDUSTRIAL DEVELOPMENT AGENCY AND A COUNTY INDUSTRIAL DEVELOPMENT AGENCY 7 LOCATED IN THE SAME COUNTY AS SUCH AGENCY, MAY SIMULTANEOUSLY DISSOLVE 8 AND MERGE INTO A SINGLE INDUSTRIAL DEVELOPMENT AGENCY IF EACH OF THE 9 INDUSTRIAL DEVELOPMENT AGENCIES IS CONTIGUOUS TO AT LEAST ONE OF THE 10 OTHER INDUSTRIAL DEVELOPMENT AGENCIES AND IF TOGETHER THE INDUSTRIAL 11 DEVELOPMENT AGENCIES WOULD FORM A MERGED INDUSTRIAL DEVELOPMENT AGENCY 12 THAT IS AUTHORIZED UNDER THE LAWS OF THE STATE OF NEW YORK. 13 (B) UPON THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, THE TOWN, 14 CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCY SHALL CEASE TO EXIST AND 15 ALL THE RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES OF SUCH 16 AGENCIES, INCLUDING BUT NOT LIMITED TO THE RIGHTS AND OBLIGATIONS UNDER 17 ANY BOND, NOTE, OR CONTRACT OR OTHER AGREEMENT, EXPRESS OR IMPLIED, 18 SHALL DEVOLVE TO, BE VESTED IN AND POSSESSED BY THE MERGED INDUSTRIAL 19 DEVELOPMENT AGENCY, WHICH SHALL IN ALL RESPECTS AND FOR ALL PURPOSES BE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00485-05-1 A. 2446--A 2 1 THE SUCCESSOR IN INTEREST TO THE DISSOLVED TOWN, CITY OR VILLAGE INDUS- 2 TRIAL DEVELOPMENT AGENCY. 3 2. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO 4 BE DISSOLVED AND THE GOVERNING BODY OF THE COUNTY, TOWN, CITY, OR 5 VILLAGE AGENCY TO BE MERGED SHALL ADOPT A PLAN SETTING FORTH, AT A MINI- 6 MUM: 7 (A) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE 8 DISSOLVED OR MERGED; 9 (B) THE NAMES OF THE MEMBERS OF SUCH AGENCY, SPECIFYING THE IDENTITY 10 OF THE CHAIRPERSON; 11 (C) THE UNDERLYING PURPOSE OF THE DISSOLUTION AND MERGER INCLUDING 12 ECONOMIES AND EFFICIENCIES THAT ARE PROJECTED AS A RESULT THEREOF; 13 (D) A STATEMENT, CONTAINING BOTH CURRENT INFORMATION AND INFORMATION 14 PROJECTED TO THE PROPOSED DATE OF THE DISSOLUTION AND MERGER, OF (1) THE 15 OUTSTANDING BONDS, NOTES AND ANY OTHER OBLIGATIONS OR LIABILITIES; (2) 16 ACTUAL AND ACCRUED REVENUES; (3) EACH PROJECT FOR WHICH FINANCIAL 17 ASSISTANCE HAS BEEN PROVIDED, THE TYPE OF FINANCIAL ASSISTANCE PROVIDED 18 AND THE STATUS OF THE PROJECT; AND (4) THE GENERAL TERMS AND CONDITIONS 19 OF EACH CONTRACT, INCLUDING PAYMENT IN LIEU OF TAX AGREEMENTS; 20 (E) THE TERMS AND CONDITIONS OF THE PROPOSED DISSOLUTION AND MERGER 21 INCLUDING A STATEMENT ACKNOWLEDGING THAT THE MERGED AGENCY SHALL UPON 22 THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, SUCCEED TO ALL THE 23 RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES, INCLUDING BONDS, 24 NOTES AND OTHER OBLIGATIONS AND CONTRACTUAL RIGHTS AND OBLIGATIONS OF 25 THE DISSOLVED AND MERGED COUNTY, TOWN, CITY, OR VILLAGE AGENCIES; AND 26 (F) A STATEMENT THAT THE PLAN OF MERGER HAS BEEN REVIEWED AND APPROVED 27 BY COUNSEL FOR THE DISSOLVED TOWN, CITY, OR VILLAGE AGENCY AND COUNSEL 28 FOR THE MERGED COUNTY, TOWN, CITY, OR VILLAGE AGENCY, INDICATING THAT 29 EACH COUNSEL HAS CONSIDERED THE IMPACT, IF ANY, OF THE DISSOLUTION AND 30 MERGER ON: (1) THE RIGHTS OF ANY EMPLOYEES OF THE MERGING AGENCIES; AND 31 (2) THE RECIPIENTS OF FINANCIAL ASSISTANCE FROM THE AGENCIES. 32 3. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO 33 BE DISSOLVED AND THE GOVERNING BODY OF THE COUNTY, TOWN, CITY OR VILLAGE 34 AGENCY TO BE MERGED SHALL ADOPT RESOLUTIONS APPROVING THE MERGER. 35 4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW 36 TO THE CONTRARY, THE AGENCY CHIEF EXECUTIVE OFFICER BY RESOLUTION OF THE 37 BOARD OF ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT AGENCY 38 SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT OR AGREEMENTS TO SHARE 39 SERVICES WITH ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT 40 AGENCY WITHIN THE SAME COUNTY OR COUNTIES. 41 S 2. This act shall take effect immediately.