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.
STATE OF NEW YORK
________________________________________________________________________
10337
IN ASSEMBLY
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 § 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 § 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 § 3. This act shall take effect immediately.
