Section 891-A. Erie county industrial development agency  


Latest version.
  • 1. For the
      benefit of the county of Erie and the inhabitants thereof, an industrial
      development  agency,  to  be  known  as  the  ERIE   COUNTY   INDUSTRIAL
      DEVELOPMENT  AGENCY, is hereby established for the accomplishment of any
      or all of the purposes specified in title one of article  eighteen-A  of
      this  chapter.  It shall constitute a body corporate and politic, and be
      perpetual in duration. It shall  have  the  powers  and  duties  now  or
      hereafter  conferred  by title one of article eighteen-A of this chapter
      upon industrial development agencies. It shall be organized in a  manner
      prescribed  by  and be subject to the provisions of title one of article
      eighteen-A of this chapter, except that its members shall consist of the
      Erie county executive, the mayor of the city of Buffalo, the  supervisor
      of the town of Tonawanda, the supervisor of the town of Cheektowaga, the
      supervisor  of  the  town  of  Amherst, the chairman of the board of the
      Buffalo and Erie  county  private  industry  council  incorporated,  the
      chairman  of  the  board of the greater Buffalo chamber of commerce, the
      management co-chairman of the Buffalo and Erie county  labor  management
      council,  the president of the Buffalo AFL-CIO council, the president of
      the Buffalo Branch of the National Association for  the  Advancement  of
      Colored  People,  the  chairman of the economic development committee of
      the Erie  county  legislature,  the  president  of  the  Buffalo  common
      council,  the chairman of the Niagara frontier transportation authority,
      the chairman of the board of the greater Buffalo development  foundation
      incorporated,  the  president  of  the Erie county association of school
      boards, five members  representing  the  business,  labor  and  minority
      communities  of Erie county appointed jointly by the county executive of
      Erie county and the chairman of the  legislature  of  Erie  county  upon
      consultation with the hereinbefore mentioned members, and the members of
      the  United  States House of Representatives representing all or part of
      Erie county as ex officio, non-voting members. If the  chairman  of  the
      board   of   the  Buffalo  and  Erie  county  private  industry  council
      incorporated, greater Buffalo chamber of  commerce  or  greater  Buffalo
      development  foundation  incorporated,  or the management co-chairman of
      the Buffalo and Erie county labor management council or the president of
      the Buffalo AFL-CIO council or the president of the  Buffalo  Branch  of
      the  National  Association  for the Advancement of Colored People or the
      chairman  of  the  Niagara  frontier  transportation  authority  or  the
      president  of  the  Erie  county  association  of school boards shall be
      unable to serve as a member of the agency  by  reason  of  a  prohibited
      conflict  of  interest,  then  another officer or director designated by
      such organization shall serve  in  his  or  her  place.  The  non-voting
      members  shall not be considered for the purpose of quorum requirements.
      The first chairman of the agency and each subsequent chairman  shall  be
      elected  by  a majority vote of its members and such chairman shall be a
      person other than the holder of an elective public office.  The  agency,
      its  members,  officers and employees, and its operations and activities
      shall in all  respects,  except  as  provided  specifically  herein,  be
      governed  by  the  provisions of title one of article eighteen-A of this
      chapter. Notwithstanding any provision  of  law  to  the  contrary,  any
      member  of  the  agency  who  is  a  director,  officer or employee of a
      corporation which is a party to a  proposed  contract  with  the  agency
      shall  disclose his or her relation to the corporation in writing to the
      agency and shall abstain from voting and discussion in respect  to  such
      contract;  and  such  contract  shall not be prohibited by reason of his
      position as director, officer or employee of the corporation  if  he  or
      she  shall  have made such disclosure and abstained from such voting and
      discussion, and if his or her remuneration will not be directly affected
      as a result of such contract and his or her duties as director,  officer
    
      or employee of such corporation do not directly involve the procurement,
      preparation or performance of any part of such contract.
        2.  In addition to the powers and duties now or hereafter conferred by
      title one of article eighteen-A of this chapter, the agency  shall  have
      the power (i) to acquire, construct, own, maintain, and lease or sell to
      a  railroad  or  private  business corporation any interest in railroads
      operated within Erie county,  including  easements  or  rights  of  way,
      necessary  switching  apparatus, track, and other equipment necessary or
      convenient to the operation of such railroad,  which  will  be  used  in
      conjunction  with  industrial,  manufacturing, commercial or warehousing
      operations, (ii) to finance such facilities through the issuance of  its
      bonds  and  notes,  when  in the judgment of the agency, such facilities
      will serve to promote, develop, encourage and assist in  the  acquiring,
      constructing,  reconstructing,  improving,  maintaining,  equipping  and
      furnishing of industrial, manufacturing,  warehousing,  commercial,  and
      research  facilities  including  industrial pollution control facilities
      and thereby advance the job opportunities,  health,  general  prosperity
      and  economic  welfare  of  the  people  of this state and improve their
      prosperity and standard of  living  and  (iii)  to  exercise  all  other
      corporate  powers  necessary or convenient to acquisition, construction,
      ownership, maintenance and lease or sale of any  interest  in  railroads
      operated  within  Erie  county  which  will  serve  to promote, develop,
      encourage  and  assist  in  acquiring,   constructing,   reconstructing,
      improving,   maintaining,   equipping   and  furnishing  of  industrial,
      manufacturing, warehousing, commercial and research facilities including
      industrial pollution control facilities.