Bill Text: NY S02821 | 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: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S02821 Detail]
Download: New_York-2011-S02821-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2821--A
2011-2012 Regular Sessions
I N S E N A T E
February 2, 2011
___________
Introduced by Sens. STEWART-COUSINS, KLEIN, KRUEGER, KRUGER, MARTINS,
OPPENHEIMER, PARKER, SAMPSON, SAVINO, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Local Government -- 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.
LBD00485-04-1
S. 2821--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.
