Section 895-H. County of Chautauqua industrial development agency  


Latest version.
  • 1. For
      the benefit of the county of Chautauqua and the inhabitants thereof,  an
      industrial  development  agency, to be known as the COUNTY OF CHAUTAUQUA
      INDUSTRIAL  DEVELOPMENT  AGENCY,   is   hereby   established   for   the
      accomplishment  of  any or all of the purposes specified in title one of
      this article. 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  this  article  upon  industrial
      development  agencies  and  provided  that the exercise of the powers by
      such agency with respect to the acquisition of real property whether  by
      purchase,  condemnation  or  otherwise, other than in furtherance of the
      power conferred by subdivision two of this section, shall be limited  to
      the  corporate  limits of the county of Chautauqua and such agency shall
      take into consideration the local zoning  and  planning  regulations  as
      well as the regional and local comprehensive land use plans. It shall be
      organized  in a manner prescribed by and be subject to the provisions of
      title one of this article. Its members shall consist of  not  less  than
      three  nor  more  than  nine  members  as  follows:  the chairman of the
      committee of the governing body of the county  of  Chautauqua  that  has
      primary  responsibility  for  dealing  with  the economic welfare of the
      county, who shall serve as an ex officio member with full voting powers;
      one member appointed by the governing body of the county of  Chautauqua,
      subject  to  the  approval  or  veto  of the county executive and county
      legislative reconsideration as provided in the charter of  such  county;
      and  up  to  seven  members appointed by the county executive subject to
      confirmation by the governing body of  the  county  of  Chautauqua.  The
      agency,  its  members,  officers  and  employees  and its operations and
      activities shall, except as provided specifically herein, be governed by
      the provisions of title one of this article.
        2. In addition to the powers and duties now or hereafter conferred  by
      title  one  of  this  article,  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 wholly
      or  partially  within  Chautauqua   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 and (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  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 the state and
      improve their prosperity and standard of living.  The  powers  conferred
      pursuant  to  this  subdivision  with respect to the acquisition of real
      property  shall  not  include  the  acquisition  of  real  property   by
      condemnation.    Notwithstanding  the  taxable  status date set forth in
      section three hundred two of the real property  tax  law  or  any  other
      provision  of  law  to  the  contrary,  if,  prior to September fifteen,
      nineteen   hundred   ninety-five,   the   agency   acquires   ownership,
      jurisdiction, supervision or control of any portion of the railroad line
      known  as  the  "Southern  Tier  Line," which is located between the New
      York-Pennsylvania state line in the county of Chautauqua and the city of
      Hornell, and complies  with  all  other  applicable  provisions  of  law
      pertaining  to the filing of an application for exemption, such property
      and the agency's activities with respect thereto shall  be  entitled  to
    
      exemption from taxes or assessments as otherwise provided by law, except
      for  nineteen  hundred ninety-five--ninety-six school taxes levied prior
      to September fifteen, nineteen hundred ninety-five.  The  tax  exemption
      conferred  pursuant  to  this  subdivision shall be subject to the prior
      consent of the affected tax jurisdictions that are located  outside  the
      county  of  Chautauqua, and shall not apply to special ad valorem levies
      and special assessments.