Section 925-L. County of Rockland industrial development agency  


Latest version.
  • (a) For
      the benefit of Rockland county and the inhabitants thereof an industrial
      development agency, to be known as the  COUNTY  OF  ROCKLAND  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 conferred  by
      title  one  of  article  eighteen-A  of  this  chapter  upon  industrial
      development agencies, except as provided herein, and provided  that  the
      exercise of the powers by such agency with respect to the acquisition of
      real  property whether by purchase or otherwise, shall be limited to the
      corporate limits of Rockland county, and such  agency  shall  take  into
      consideration  the  local zoning and planning regulations as well as the
      regional and local comprehensive land use plans.
        (b) 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  five  members  who  shall  be
      appointed  by  the  county  executive,  subject  to  confirmation by the
      governing body of Rockland county, for a term of three years, and except
      that of the members initially appointed to  said  board,  two  shall  be
      appointed  for  a term of one year, two shall be appointed for a term of
      two years and one shall be appointed for a term of three years.
        (c) The by-laws and any amendment, revision or  modification  thereof,
      adopted by the board of the agency shall have force or effect only after
      they  have  been approved by the governing body and the county executive
      of Rockland county.
        (d)  No  action  taken  at  any  meeting  of  the  board  pursuant  to
      subdivisions  three  and four except for condemnation proceedings, nine,
      ten, twelve or thirteen of section eight  hundred  fifty-eight  of  this
      chapter  shall  have  force  or  effect  until  the  county executive of
      Rockland county shall have an opportunity to approve or veto  the  same.
      For  the  purpose  of  procuring such approval or veto, the secretary or
      other officer of the board in charge of the minutes of  the  proceedings
      of  the  board  shall transmit to the chairman of the county legislature
      and the county executive at  their  offices  a  certified  copy  of  the
      minutes  of every meeting of the board as soon after the holding of such
      meeting as such minutes can be prepared.   The  county  executive  shall
      within  ten days, Saturdays, Sundays and public holidays excepted, after
      such minutes shall have been delivered to his office as aforesaid, cause
      the same to be returned to the board either with his  approval  or  with
      his  veto  of any action therein recited, provided, however, that if the
      county executive shall not return  the  said  minutes  within  the  said
      period  then  at  the expiration thereof any action therein recited will
      have full force and effect according to the wording thereof.
        (e) Any and all transactions of private or non-agency business or of a
      private or non-agency commercial nature by and between  members  of  the
      board  and  clients  of  or persons transacting business with the agency
      shall be entered fully and clearly upon the minutes of the next  meeting
      of the board.
        (f)  The  agency shall file with the county legislature and the county
      executive a complete financial statement concerning all of  its  affairs
      within thirty days of the end of each of its fiscal years.
        (g)  The  books and records of the agency shall be audited annually by
      the department of audit of Rockland county and shall be subject  to  the
      provisions of the Freedom of Information Law.
        (h)  The  agency  shall  have  the  power to issue negotiable bonds as
      provided in title one of article eighteen-A of this  chapter,  provided,
      however,  that  no projects shall be approved that would result in a net
    
      loss of jobs in the county and that not more than fifteen per centum  of
      current  agency  indebtedness  has  been  incurred  for the financing of
      pollution control projects.
        (i)  Agency  projects and projects promoted, developed and assisted by
      the agency shall be liable for payment in lieu of taxes in a  sum  equal
      to  the  full  amount  of real property and school taxes that would have
      been levied absent agency assistance, or, with the written agreement  of
      any applicable taxing jurisdiction, in a sum equal to such lesser amount
      thereof  as  such  taxing  jurisdiction  may designate. The agency shall
      require a beneficiary of financial assistance for  projects  subject  to
      payments  in  lieu of real property taxes and school taxes to enter into
      an  agreement  with  the  agency  or   with   the   appropriate   taxing
      jurisdictions  requiring  such  beneficiary to make payments required by
      this subdivision. Any sums received by the agency pursuant  to  such  an
      agreement  shall  be subject to the requirements of subdivision three of
      section eight hundred  seventy-four  of  this  article.  Nothing  herein
      provided, however, is to deprive the developer of any abatements granted
      by the state of New York.
        (j)  The  agency shall not have the power to acquire real property, or
      rights or easements therein, by condemnation.
        (k) Any resolution or resolutions authorizing any bonds or  any  issue
      of  bonds shall not contain provisions, which are a part of the contract
      with the holders of the bonds thereby authorized, as to  limitations  on
      the rights of the agency to restrict and regulate the use of a project.
        (l)  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.
        (m) Notwithstanding  any  provisions  of  law  to  the  contrary,  for
      purposes  of the tax law the county executive shall be designated as the
      "applicable elected representative" with  respect  to  the  approval  of
      industrial development bond issues for federal income tax purposes.
        * NB There are 2 § 925-l's