Section 1134. 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  county  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 properties 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 acquired by the authority outside of the county shall be exempt
      from real property taxes, ad valorem levies and special assessments only
      pursuant to and  to  the  extent  provided  by  an  agreement  with  the
      governing  body  of  the  municipality  in  which  such real property is
      located. Notwithstanding the foregoing, the authority may enter into  an
      agreement  with any municipality in which real property of the authority
      is located or is to be located, to  pay  a  sum  or  sums,  annually  or
      otherwise,  or  to provide other consideration to such municipality with
      respect to such real property.
        2. Any bonds issued pursuant to this title, together with  the  income
      therefrom, shall be exempt from taxation. The revenues, moneys and other
      properties  and  activities  of  the authority, shall be exempt from all
      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. Any real property owned  by  the  authority
      outside the county shall be subject to the provisions of subdivision one
      of this section. The state hereby covenants with the purchasers 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 holder 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 taxation, except for real
      property taxes on real property  owned  by  the  authority  outside  the
      county.  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.
        * NB There are 2 § 1134's