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A09349 Summary:

A09349 Actions:

A09349 Floor Votes:

A09349 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9349
 
                   IN ASSEMBLY
 
                                     April 16, 2014
                                       ___________
 
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT  to amend the public authorities law, in relation to the village
          of Suffern parking authority and repealing title 18 of  article  7  of
          such law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Title 18 of article 7 of the  public  authorities  law,  as
     2  added  by  chapter  320  of the laws of 1974, is amended by adding a new
     3  section 1600-t to read as follows:
     4    § 1600-t. Termination of the authority. 1. Notwithstanding  any  other
     5  provision of law to the contrary, the board shall wind up the affairs of
     6  the authority on or before December thirty-first, two thousand fourteen,
     7  on which date the authority shall cease to exist.
     8    2.  All  of the functions and powers possessed by and all of the obli-
     9  gations and duties of the authority, including  the  functions,  powers,
    10  obligations  and duties of its board, shall, on or before December thir-
    11  ty-first, two thousand fourteen, be transferred and assigned to, assumed

    12  by and devolved upon the village of Suffern.
    13    3. On or before December  thirty-first,  two  thousand  fourteen,  the
    14  authority  and  its board shall deliver to the village of Suffern all of
    15  the authority's books, papers, records and property.
    16    4. Any business or other matter undertaken or commenced by the author-
    17  ity or its board pertaining to or connected with the functions,  powers,
    18  obligations and duties hereby transferred and assigned to the village of
    19  Suffern and pending on December thirty-first, two thousand fourteen, may
    20  be  conducted and completed by the village of Suffern in the same manner
    21  and under the same terms and conditions and with the same effect  as  if
    22  conducted and completed by the authority or its board.

    23    5.  All  rules, regulations, acts, determinations and decisions of the
    24  authority or its board pertaining to the  functions  herein  transferred
    25  and assigned, in force at the time of such transfer, assignment, assump-
    26  tion  or  devolution  shall continue in force and effect as rules, regu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13713-02-4
        A. 9349                             2
 
     1  lations, acts, determinations and decisions of the village  of  Suffern,
     2  until duly modified or abrogated by such village.
     3    6.  Whenever  the authority or its board are referred to or designated

     4  in any law, contract or document pertaining to  the  functions,  powers,
     5  obligations and duties hereby transferred to and assigned to the village
     6  of  Suffern,  such  reference or designation shall be deemed to refer to
     7  the village of Suffern.
     8    7. No existing right  or  remedy  of  any  character  shall  be  lost,
     9  impaired or affected by reason of this section.
    10    8.  No  action  pending  at  any  time  on  the effective date of this
    11  section, brought by or against the  authority  or  its  board  shall  be
    12  affected  by  any  provision of this section, but the same may be prose-
    13  cuted or defended in the name of the village of Suffern and such village
    14  shall, upon application to the court, be substituted as a party.

    15    9. On or before December  thirty-first,  two  thousand  fourteen,  the
    16  authority  shall repay all of its outstanding liabilities, including its
    17  notes and bonds, if any, and transfer all of its rights, properties  and
    18  assets, of whatever kind, to the village of Suffern.
    19    § 2. Section 1600-b of the public authorities law, as amended by chap-
    20  ter 139 of the law of 2009 is amended to read as follows:
    21    § 1600-b. Village of Suffern parking authority. A board to be known as
    22  "Village  of  Suffern  parking  authority" is hereby created. Such board
    23  shall be a body corporate, constituting a  public  benefit  corporation,
    24  and  its existence shall commence upon the appointment of the members as
    25  herein provided. It shall consist of a chairman and four other  members,

    26  who  shall  be  appointed by the mayor with the approval of the board of
    27  trustees of the village. Of the members first appointed,  one  shall  be
    28  appointed  for  a period of one year, one for a period of two years, one
    29  for a period of three years, one for a period of four years, and one for
    30  a period of five years. At the expiration of such terms,  the  terms  of
    31  office  of  their  successors  shall  be  five  years. Each member shall
    32  continue to serve until the appointment and qualification of his succes-
    33  sor. Vacancies in such board occurring otherwise than by the  expiration
    34  of term shall be filled for the unexpired term. The members of the board
    35  shall  choose  from  their number a vice-chairman. The board of trustees
    36  may remove any member of the board for inefficiency, neglect of duty  or
    37  misconduct  in  office, giving him a copy of the charges against him and

    38  an opportunity of being heard in person, or by counsel, in  his  defense
    39  upon  not  less than ten days' notice. The members of the board shall be
    40  entitled to no compensation for their services but shall be entitled  to
    41  reimbursement  for  their  actual and necessary expenses incurred in the
    42  performance of their official duties. The powers of the authority  shall
    43  be  vested  in  and  exercised by a majority of the members of the board
    44  then in office. Such board may delegate to one or more of its members or
    45  to its officers, agents and employees such powers and duties as  it  may
    46  deem  proper. Such board and its corporate existence shall continue only
    47  to the thirty-first day of December, two thousand  [nineteen]  fourteen,
    48  and  thereafter  until  all  its liabilities have been met and its bonds
    49  have been paid in full or such liabilities or bonds have otherwise  been

    50  discharged.  Upon  its  ceasing  to exist, all its rights and properties
    51  shall pass to the Village.
    52    § 3. Title 18 of article 7 of such law, as added by chapter 320 of the
    53  laws of 1974 is REPEALED.
    54    § 4. This act shall take effect on  December  31,  2014,  except  that
    55  section  one of this act shall take effect on the thirtieth day after it
    56  shall have become a law.