Section 1421-E. Conveyance of property by the village to the authority; acquisition of property by the village or by the authority  


Latest version.
  • 1.  The  village  may,  by  resolution  or  resolutions  of  the village board of
      trustees or by instruments authorized by such resolutions, convey,  with
      or  without  consideration,  to the authority real and personal property
      owned by the village for use by the authority as a project  or  projects
      or  a  part  thereof.  In  case  of real property so conveyed, the title
      thereto shall remain in the village but the authority shall have the use
      and occupancy thereof for so  long  as  its  corporate  existence  shall
      continue.  In the case of personal property so conveyed, the title shall
      pass to the authority.
        2. The village may acquire in the name of the village by  purchase  or
      condemnation real property in the village for any of the projects or for
      the  widening of existing roads, streets, avenues or highways or for new
      roads, streets, avenues or highways, within a radius of one mile to  any
      of  the  projects,  or  partly  for  such  purposes and partly for other
      village purposes, by purchase or condemnation in the manner provided  by
      law  for  the  acquisition  of  real property by the village.   For like
      purposes, the  village  may  close  such  streets,  roads,  avenues,  or
      highways  as may be necessary or convenient, except as to state highways
      and arterial ways which may not be closed without  the  consent  of  the
      state commissioner of transportation.
        3. Contracts may be entered into between the village and the authority
      providing  for  the  property  to  be  conveyed  by  the  village to the
      authority, the additional property to be acquired by the village and  so
      conveyed,  the streets, roads, avenues, and highways to be closed by the
      village and the amounts, terms and conditions of payment to be  made  by
      the  authority. Such contracts may also contain covenants by the village
      as to the road, street, avenue and highway improvements to  be  made  by
      the  village.  Any  such contracts between the village and the authority
      may be pledged by the authority to secure  its  bonds  and  may  not  be
      modified  thereafter  except as provided by the terms of the pledge. The
      village board of trustees  may  authorize  such  contracts  between  the
      village  and the authority and no other authorization on the part of the
      village for such contracts shall be necessary. Any such contracts may be
      so authorized and entered into by the village and in such manner as  the
      village board of trustees may determine, and the payments required to be
      made  by  the  village  may be made and financed notwithstanding that no
      provision therefor shall have first been made in the capital  budget  of
      the  village.  All  contractual  or  other  obligations  of  the village
      incurred in carrying out the provisions of this title shall be  included
      in  and  provided  for  by each capital budget of the village thereafter
      made, if and to the extent  that  they  may  appropriately  be  included
      therein.
        4. The authority may itself acquire real property for a project in the
      name of the village at the cost and expense of the authority by purchase
      or condemnation pursuant to the eminent domain procedure law or pursuant
      to  the  laws  relating  to the condemnation of land by the village. The
      authority shall have the use and occupancy of such real property so long
      as its corporate existence shall continue.
        5. In case the authority shall have the use and occupancy of any  real
      property  which  it  shall determine is no longer required for a project
      then, if such real property was acquired at the cost and expense of  the
      village,  the  authority  shall  have  power  to  surrender  its use and
      occupancy thereof to the village, or, if such real property was acquired
      at the cost and expense of the authority, then the authority shall  have
      power  to  sell,  lease  or  otherwise  dispose of said real property at
      public or private sale, and shall retain and have the power to  use  the
    
      proceeds  of sale, rentals, or other moneys derived from the disposition
      thereof for its purposes.