Section 917*2. New York City Industrial Development Agency  


Latest version.
  • (a) Legislative
      intent. It is the policy and intent of the City of New York  to  promote
      the  economic  welfare  of  its  inhabitants  and  to  actively promote,
      attract, encourage and develop economically sound commerce and  industry
      through  governmental  action for the purpose of preventing unemployment
      and economic deterioration by the creation of a New York City Industrial
      Development Agency. It is recognized that the viability and integrity of
      the residential communities in New York City  should  be  protected  and
      maintained  so  that  no person be deprived of his place of residence by
      any condemnation  for  economic  or  industrial  development  undertaken
      pursuant to this article.
        (b) For the purpose of this section "city" means the city of New York.
        (b-1)  For the purposes of this section, "rail freight facility" shall
      mean, but  shall  not  be  limited  to,  railroad  rights-of-way,  beds,
      bridges,  viaducts,  tracks, switches and any other attendant structure,
      facility, fixture or property necessary or appropriate for rail  freight
      transportation  conducted  in  conjunction  with industrial, commercial,
      manufacturing, or warehousing  operations  solely  for  the  purpose  of
      providing  or  improving  freight  rail service between an industrial or
      commercial facility or group of such facilities in physical proximity to
      one another and a main line railroad track, freight yard or other  means
      of  connection to main line railroad facilities; provided, however, that
      (i) with respect to any rail freight facility project the New York  City
      Industrial   Development  Agency  shall  be  restricted  solely  to  the
      provision of financial assistance for such rail freight  facility;  (ii)
      that  the  project  may  not  include any main line track (except to the
      extent that the project may include replacement of the  amount  of  main
      line track used for passenger and/or freight service required to provide
      a  suitable  connection),  any  passenger facilities of any kind, or any
      rights-of-way, bridges or viaducts used for any purpose other  than  the
      rail   transportation   of  freight  from  the  industrial,  commercial,
      manufacturing or warehousing facility or facilities to be served by  the
      rail service to the main line track or other freight facility, provided,
      however,  that  nothing herein shall prohibit the project from including
      bridges or viaducts with separate provision for pedestrian traffic  when
      it  is  determined  that  a  separate pedestrian walkway is necessary or
      desirable for safety purposes; (iii) prior to undertaking the  financing
      of  any  rail  freight facility the New York City Industrial Development
      Agency shall submit a written description of such rail freight  facility
      project  to  the commissioner of transportation who shall, within thirty
      days of receipt of such description, provide written  comments  on  such
      project to the New York City Industrial Development Agency; and (iv) the
      New  York  City  Industrial  Development Agency shall not enter into any
      contract  for  providing  financial  assistance  to  such  rail  freight
      facility  project  until the earlier of either the date on which the New
      York City Industrial Development Agency addresses the  comments  of  the
      commissioner of transportation to the satisfaction of such commissioner,
      or,  if such commissioner has not submitted written comments, forty-five
      days after the New York City Industrial Development Authority  submitted
      the  written  project  description  required  by paragraph (iii) of this
      subdivision.
        (c) For the benefit  of  the  city  and  the  inhabitants  thereof  an
      industrial  development  agency,  to  be  known  as  the  New  York City
      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, except that it shall  not  have  the
      power  to  construct or rehabilitate any residential facility or housing
      of any nature and kind whatsoever, nor shall it use any of its funds  to
    
      further  the  construction or rehabilitation of any residential facility
      or housing of any nature and kind whatsoever. It shall constitute a body
      corporate and politic, and be perpetual in duration. It shall only  have
      the  powers  and  duties conferred by title one of article eighteen-A of
      this chapter upon industrial development agencies as of January 1,  1973
      except  that  it shall have the power to finance a rail freight facility
      and it shall not have the power of condemnation. In the exercise of  the
      powers  conferred  upon  such  agency with respect to the acquisition of
      real property by article eighteen-A of this chapter such agency shall be
      limited to the geographical jurisdictional limits of the city.
        (d) 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 board  shall  consist  of  fifteen  members.  Among  its
      membership  shall be the city comptroller, the city administrator of the
      economic development administration, the  corporation  counsel  of  such
      city and the chairman of the city planning commission of such city, each
      of whom shall have the power to designate an alternate to represent them
      at board meetings with all the rights and powers, including the right to
      vote,  reserved  to all board members, provided that such designation be
      in writing to the chairman of the board. Six  of  the  remaining  eleven
      members  shall  be appointed by the mayor of such city upon consultation
      with the economic development council, business and labor  organizations
      and  elected  officials  and  five  shall be appointed by the mayor upon
      designation by the borough improvement boards of such city,  one  member
      from each borough.
        (e)  The  Mayor  shall  designate the chairman of the board, who shall
      serve at the pleasure of the Mayor.
        (f) The terms of the directors first appointed  by  the  Mayor,  other
      than the chairman of the board shall be as follows:
        four  shall  serve  for terms of one year each, two of whom shall have
      been designated by the borough improvement boards;
        three shall serve for terms of two years each, two of whom shall  have
      been designated by the borough improvements boards;
        three  shall  serve  for  terms of three years each, one of whom shall
      have been designated by the borough improvement boards;  thereafter  the
      successors  of  all  ten  such  directors shall serve for terms of three
      years each. The Mayor shall fill any vacancy which may occur  by  reason
      of  death,  resignation,  or  otherwise  in a manner consistent with the
      original appointment. Members may be removed  by  the  Mayor  for  cause
      after  a  hearing  upon  ten  days'  written  notice. Such members shall
      receive no compensation for their services but shall be entitled to  the
      necessary  expenses,  including  traveling  expenses,  incurred  in  the
      discharge of their duties.
        (g) The chief executive officer of the agency shall be appointed by  a
      two-thirds vote of the board of directors.
        (h) The agency, its members, officers, and employees, shall be subject
      to  article  fourteen of the civil service law and for all such purposes
      the agency shall be  deemed  the  "public  employer"  and  its  members,
      officers  and  employees  shall  be deemed "public employees"; provided,
      however, that chapter fifty-four of the New York City  Charter,  chapter
      fifty-four  of  the  Administrative  Code  of  the City of New York, and
      executive order number fifty-two dated September twenty-ninth,  nineteen
      hundred sixty-seven, issued by the Mayor of the City, shall apply to the
      agency, its members, officers and employees except that section eight of
      said executive order shall not be applicable. The agency shall establish
      general  and  special grievances as defined in chapter fifty-four of the
      Administrative  Code  of  the  City  except  as  otherwise  provided  in
      collective bargaining agreements.
    
        (i)  The City shall have the power to make, or contract to make grants
      or loans, including but not limited to grants or loans of money, to  the
      agency  in  such  amounts,  upon  such terms and conditions and for such
      period or periods of time as in the judgment of the City and the  agency
      are  necessary  or  appropriate  for  the  accomplishment  of any of the
      purposes of the agency.
        (j) The city shall have the power to condemn property for transfer  to
      the  New  York  City  Industrial  Development  Agency under title one of
      article eighteen-A of this chapter upon the request of two-thirds of the
      members of the Board of  Directors  of  the  New  York  city  industrial
      development  agency.  No  property  shall  be condemned on behalf of the
      agency which is zoned "residential" as defined in the zoning  resolution
      of  the  city, or which is occupied in whole or in part as a dwelling or
      residence.
        (k) For the purpose of this section "governing body" as used  in  such
      title  one of article eighteen-A of this chapter shall mean the Mayor of
      the City. Except as otherwise provided in this section, the agency,  its
      members, officers and employees, and its operations and activities shall
      be governed by the provisions of title one of article eighteen-A of this
      chapter.
        (l)  The  city  shall  save  harmless  and indemnify any person who is
      serving or has served as a director or officer or as employee of the New
      York City Industrial  Development  Agency  against  any  financial  loss
      arising  out  of  or  in  connection  with  any  claim,  demand, suit or
      judgment,  based  on  a  cause  of  action  involving  allegations  that
      pecuniary  harm  was  sustained  by  any  person  as  a  result  of  any
      transaction, act or omission to act of the Industrial Development Agency
      or of any action or  inaction  or  vote  of  any  director,  officer  or
      employee  of  such  Agency  unless  such  individual is found by a final
      judicial determination not to have acted in good faith for a purpose  he
      reasonably  believed to be in the best interests of the Agency or not to
      have had reasonable cause  to  believe  that  his  conduct  was  lawful.
      Provided, however, that such individual must transmit to the corporation
      counsel  of  the  city  of  New  York  any  notice  of claim, summons or
      complaint or other analogous paper served on him within ten days of  its
      receipt  unless prevented from doing so by compelling circumstances. The
      corporation counsel shall, without charge, represent any such individual
      unless unable to do so by reason of conflict of interest. In  the  event
      that  the corporation counsel is unable to give such representation, the
      city of New York shall  indemnify  the  individual  for  any  reasonable
      litigation expense incurred by him.
        * NB There are 2 § 917's