Section 1135. Exemption from taxes, assessments and certain fees  


Latest version.
  • 1. It is
      hereby  determined  that  the creation of the authority and the carrying
      out of its corporate purposes is in all respects for the benefit of  the
      people  of  the  town  and  the  state  and  is a public purpose and the
      authority shall be regarded as performing a governmental function in the
      exercise of the powers conferred upon it by this title and shall not  be
      required  to  pay  any  taxes,  special  ad  valorem  levies  or special
      assessments upon any property owned by it  or  under  its  jurisdiction,
      control  or supervision or upon its activities, or any filing, recording
      or transfer fees or taxes in relation to instruments filed, recorded  or
      transferred  by  it  or  on its behalf; provided, however, that any real
      property owned or under the jurisdiction, supervision or control of  the
      authority  outside  of  the  district shall be exempt from real property
      taxes, ad valorem levies or special assessments only pursuant to and  to
      the  extent  provided  by  an  agreement  with the governing body of the
      municipality in which said real property is located.  The  construction,
      use,  occupation or possession of any property owned by the authority or
      the town, including  improvements  thereon,  by  any  person  or  public
      corporation  under  a  lease,  lease and sublease or any other agreement
      shall  not  operate  to  abrogate  or  limit  the  foregoing  exemption,
      notwithstanding  that the lessee, user, occupant or person in possession
      shall claim ownership for federal income tax purposes.
        2. Any bonds issued pursuant to this title, together with  the  income
      therefrom,   shall  be  exempt  from  taxation.  For  purposes  of  this
      subdivision, the phrase "exempt from taxation" means exempt from  direct
      taxation  in  conformity with established judicial interpretation of the
      tax exempt status of the obligations of  the  state  and  its  agencies,
      entities,  authorities  and political subdivisions and thus, the meaning
      of such phrase is in conformity with the legislative intent expressed by
      section twenty-two of chapter one  hundred  sixty-six  of  the  laws  of
      nineteen   hundred   ninety-one  regarding  the  tax  exempt  status  of
      obligations of the state and its  agencies.  The  revenues,  moneys  and
      other  properties  and activities of the authority, shall be exempt from
      taxes and governmental fees or charges, whether imposed by the state  or
      any  municipality,  including  real estate taxes, franchise taxes, sales
      taxes or other excise taxes except as otherwise provided in  subdivision
      one  of  this  section with respect to real property located outside the
      district.
        3. The  state  hereby  covenants  with  the  purchaser  and  with  all
      subsequent  holders  and  transferees  of  bonds issued by the authority
      pursuant to this title that the interest thereon shall  be  exempt  from
      taxation.  The  state  further  covenants with the holders of such bonds
      that all revenues, moneys, and other  property  pledged  to  secure  the
      payment of such bonds shall at all times be free from such taxation. For
      the  purposes  of  this  subdivision,  the phrase "exempt from taxation"
      means  exempt  from  direct  taxation  in  conformity  with  established
      judicial  interpretation  of the tax exempt status of the obligations of
      the  state  and  its  agencies,  entities,  authorities  and   political
      subdivisions  and thus, the meaning of such phrase is in conformity with
      the legislative intent expressed by section twenty-two  of  chapter  one
      hundred  sixty-six  of the laws of nineteen hundred ninety-one regarding
      the tax exempt status of obligations of the state and its agencies.
        * NB There are 2 § 1135's