S02821 Summary:

BILL NOS02821A
 
SAME ASSAME AS A02446-A
 
SPONSORSTEWART-COUSINS
 
COSPNSRKLEIN, KRUEGER, MARTINS, OPPENHEIMER, PARKER, SAMPSON, SAVINO, STAVISKY
 
MLTSPNSR
 
Add S857, Gen Muni L
 
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.
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S02821 Actions:

BILL NOS02821A
 
02/02/2011REFERRED TO LOCAL GOVERNMENT
03/30/2011AMEND AND RECOMMIT TO LOCAL GOVERNMENT
03/30/2011PRINT NUMBER 2821A
01/04/2012REFERRED TO LOCAL GOVERNMENT
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S02821 Floor Votes:

There are no votes for this bill in this legislative session.
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S02821 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2821--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    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    § 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    § 2. This act shall take effect immediately.
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