Bill Text: NY A10337 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the ability of the Randolph Academy union free school district to acquire, purchase, lease or otherwise operate territory for use by the school district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-21 - substituted by s7471 [A10337 Detail]

Download: New_York-2011-A10337-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10337
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
         Committee on Education
       AN ACT to amend chapter 140 of the laws of 1985 relating to establishing
         the Randolph Children's Home union free school district, and to  amend
         the  public  authorities  law, in relation to the establishment of the
         Randolph Academy union free school district
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  4 of chapter 140 of the laws of 1985 relating to
    2  establishing the Randolph Children's Home union free school district, as
    3  amended by chapter 213 of the laws  of  2011,  is  amended  to  read  as
    4  follows:
    5    S  4.  a.   Whenever any territory adjoining any part of the territory
    6  described in this act, shall be acquired or purchased by the Western New
    7  York Society for the Protection of Homeless and Dependent  Children,  OR
    8  ITS  SUCCESSORS,  OR THE RANDOLPH ACADEMY UNION FREE SCHOOL DISTRICT, or
    9  shall be held by said society OR THE RANDOLPH ACADEMY UNION FREE  SCHOOL
   10  DISTRICT  OR  ITS  SUCCESSORS  in  accordance with the provisions of the
   11  not-for-profit corporation law, the same shall  become  a  part  of  the
   12  union  free  school district hereby established and shall, together with
   13  the territory described in this act, enjoy all the powers and privileges
   14  of a union free school district under the provisions  of  the  education
   15  law.
   16    b.  The  Randolph  Academy  union free school district, subject to the
   17  consent of the state education department,  is  authorized  to  acquire,
   18  purchase,  lease, or otherwise operate any part or all of (I) ITS TERRI-
   19  TORY OR (II) the territory constituting the union free  school  district
   20  number  three  in the town of Hamburg, Erie county as created by chapter
   21  934 of the laws of 1971, as amended by chapter 501 of the laws of  1986,
   22  and  the  facilities  available  to  be  used  by  the union free school
   23  district number three in the town of Hamburg, Erie county in  fulfilling
   24  its  purposes and situated on such territory, for the purpose of operat-
   25  ing educational programs approved by the state education  department  at
   26  such site.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15850-01-2
       A. 10337                            2
    1    c.  Any territory acquired, purchased, leased or otherwise operated by
    2  the Randolph Academy union free school district as set forth in subdivi-
    3  sion b of this section shall become  part  of  such  union  free  school
    4  district for so long as such territory is held by such union free school
    5  district  by  deed,  lease,  or  otherwise. Where such acquisition is by
    6  lease, or other agreement having a fixed term or is  terminable  by  any
    7  party,  such territory shall cease to be a part of the union free school
    8  district created by this act and shall revert to, and become a part  of,
    9  AS  THE  CASE MAY BE, EITHER THE RANDOLPH CENTRAL SCHOOL DISTRICT IN THE
   10  COUNTY OF CATTARAUGUS IN THE CASE OF THE RANDOLPH ACADEMY OR  the  Fron-
   11  tier  central  school  district in the county of Erie IN THE CASE OF THE
   12  UNION FREE SCHOOL DISTRICT NUMBER THREE IN THE  TOWN  OF  HAMBURG,  ERIE
   13  COUNTY, upon the expiration or termination of such lease or other agree-
   14  ment or when any bonds or notes issued by the dormitory authority of the
   15  state  of  New York in connection with the financing of certain improve-
   16  ments made at such facilities prior to the effective date of this subdi-
   17  vision are no longer outstanding, whichever is later.
   18    d. [The] NOTWITHSTANDING ANY PROVISION OF ANY LAW TO THE CONTRARY, THE
   19  Randolph Academy union free school district is  authorized,  subject  to
   20  the  consent  of  the  state  education  department,  to  operate and/or
   21  purchase and/or lease the territory, facilities, and assets currently or
   22  formerly IN ITS DISTRICT OR IN THE DISTRICT of  the  union  free  school
   23  district  number three in the town of Hamburg, Erie county, known as the
   24  Hopevale union free school district and/or owned by Hopevale, Inc.
   25    S 2. The undesignated paragraph of subdivision 1 of  section  1680  of
   26  the public authorities law, as added by chapter 213 of the laws of 2011,
   27  is amended to read as follows:
   28    Randolph Academy union free school district, for the financing, acqui-
   29  sition,  construction,  reconstruction,  renovation  and improvement for
   30  facilities located in EITHER CATTARAUGUS  COUNTY  OR  Erie  county,  New
   31  York. Notwithstanding any other provision of law, Randolph Academy union
   32  free  school  district shall have full power and authority to assign and
   33  pledge to the authority any and all public funds to  be  apportioned  or
   34  otherwise made payable by the state, a political subdivision, as defined
   35  in  section  one  hundred  of  the  general municipal law, or any social
   36  services district in the state in  an  amount  sufficient  to  make  all
   37  payments  required  to  be  made  by  Randolph Academy union free school
   38  district pursuant to any lease, sublease or other agreement entered into
   39  between Randolph Academy union free school district and  the  authority.
   40  All  state  and local officers are hereby authorized and required to pay
   41  all such funds so assigned and pledged to  the  authority  or  upon  the
   42  direction of the authority, to any trustee of any authority bond or note
   43  issued  pursuant  to  a  certificate  filed with any such state or local
   44  officer by the authority pursuant to the provisions of this section.  No
   45  agreement or lease by Randolph Academy union free school district pursu-
   46  ant to this paragraph shall be effective unless and until it is approved
   47  by or on behalf of the commissioner of education.
   48    S 3. This act shall take effect immediately.
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