Section 20.07. Creation and purposes of a trust  


Latest version.
  • 1. A trust shall be created
      by a special law as a corporate governmental agency and a public benefit
      corporation,  constituting a political subdivision of the state. A trust
      and its corporate existence shall  continue  until  terminated  by  law;
      provided,  however,  that  no  such law shall take effect so long as the
      trust shall have bonds, notes or other  obligations  outstanding  unless
      adequate   provision  has  been  made  for  the  payment  thereof.  Upon
      termination of the existence of a trust, all its rights  and  properties
      not otherwise disposed of shall pass to and be vested in the state.  Any
      net   earnings   of  a  trust,  beyond  that  necessary  to  retire  any
      indebtedness of a trust or to implement the purposes set forth  in  this
      article  and  in  any  special  law, may not inure to the benefit of any
      person other than the state, county or the  municipality  in  which  the
      principal office of the trust is located.
        2. A trust shall exercise the powers granted to it by this article and
      by  special  law in cooperation with participating cultural institutions
      solely and exclusively in furtherance of the purposes  of  this  article
      and  such  special  law.  Before  entering  into  any  agreement for the
      construction of a combined-use facility, a facility for a not-for-profit
      cultural organization, or before  making  a  loan  to  a  not-for-profit
      cultural organization, the board of trustees shall hold a public hearing
      and  thereafter shall determine that development of such facility or the
      making of such loan is the most feasible means by  which  such  purposes
      may be effectuated and that the architectural and design characteristics
      of  the  non-institutional  portion  are  compatible  with  those of the
      institutional portion of such  combined-use  facility.  Notice  of  such
      public hearing shall be published at least once no less than twenty days
      prior  to  such  hearing  in  a  newspaper of general circulation in the
      municipality or county in which such facility is located. Notice of such
      public hearing shall be served by certified mail upon  the  chairman  of
      the  planning board of any county in which such combined-use facility is
      or is designed to be developed, except  that  in  a  municipality,  such
      notice shall be so served upon the chairman of the local community board
      in  the  area  in which such facility is or is designed to be developed;
      and notice of such public hearing shall be served upon the  chairman  of
      the  planning  board,  or  equivalent  board,  of  any county in which a
      facility for a not-for-profit cultural organization is, or  is  designed
      to  be,  developed, or in which, in the case of a loan, a not-for-profit
      cultural organization is located.