N.Y. General Municipal Law § 891-a: Erie county industrial development agency

* § 891-a. Erie county industrial development agency. 1. For the

benefit of the county of Erie and the inhabitants thereof, an industrial

development agency, to be known as the ERIE COUNTY 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 now or

hereafter conferred by title one of article eighteen-A of this chapter

upon industrial development agencies. 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 members shall consist of the

Erie county executive, the mayor of the city of Buffalo, the supervisor

of the town of Tonawanda, the supervisor of the town of Cheektowaga, the

supervisor of the town of Amherst, the chairman of the board of the

Buffalo and Erie county private industry council incorporated, the

chairman of the board of the greater Buffalo chamber of commerce, the

management co-chairman of the Buffalo and Erie county labor management

council, the president of the Buffalo AFL-CIO council, the president of

the Buffalo Branch of the National Association for the Advancement of

Colored People, the chairman of the economic development committee of

the Erie county legislature, the president of the Buffalo common

council, the chairman of the Niagara frontier transportation authority,

the chairman of the board of the greater Buffalo development foundation

incorporated, the president of the Erie county association of school

boards, five members representing the business, labor and minority

communities of Erie county appointed jointly by the county executive of

Erie county and the chairman of the legislature of Erie county upon

consultation with the hereinbefore mentioned members, and the members of

the United States House of Representatives representing all or part of

Erie county as ex officio, non-voting members. If the chairman of the

board of the Buffalo and Erie county private industry council

incorporated, greater Buffalo chamber of commerce or greater Buffalo

development foundation incorporated, or the management co-chairman of

the Buffalo and Erie county labor management council or the president of

the Buffalo AFL-CIO council or the president of the Buffalo Branch of

the National Association for the Advancement of Colored People or the

chairman of the Niagara frontier transportation authority or the

president of the Erie county association of school boards shall be

unable to serve as a member of the agency by reason of a prohibited

conflict of interest, then another officer or director designated by

such organization shall serve in his or her place. The non-voting

members shall not be considered for the purpose of quorum requirements.

The first chairman of the agency and each subsequent chairman shall be

elected by a majority vote of its members and such chairman shall be a

person other than the holder of an elective public office. The agency,

its members, officers and employees, and its operations and activities

shall in all respects, except as provided specifically herein, be

governed by the provisions of title one of article eighteen-A of this

chapter. Notwithstanding any provision of law to the contrary, any

member of the agency who is a director, officer or employee of a

corporation which is a party to a proposed contract with the agency

shall disclose his or her relation to the corporation in writing to the

agency and shall abstain from voting and discussion in respect to such

contract; and such contract shall not be prohibited by reason of his

position as director, officer or employee of the corporation if he or

she shall have made such disclosure and abstained from such voting and

discussion, and if his or her remuneration will not be directly affected

as a result of such contract and his or her duties as director, officer

or employee of such corporation do not directly involve the procurement,

preparation or performance of any part of such contract.

2. In addition to the powers and duties now or hereafter conferred by

title one of article eighteen-A of this chapter, the agency shall have

the power (i) to acquire, construct, own, maintain, and lease or sell to

a railroad or private business corporation any interest in railroads

operated within Erie county, including easements or rights of way,

necessary switching apparatus, track, and other equipment necessary or

convenient to the operation of such railroad, which will be used in

conjunction with industrial, manufacturing, commercial or warehousing

operations, (ii) to finance such facilities through the issuance of its

bonds and notes, when in the judgment of the agency, such facilities

will serve to promote, develop, encourage and assist in the acquiring,

constructing, reconstructing, improving, maintaining, equipping and

furnishing of industrial, manufacturing, warehousing, commercial, and

research facilities including industrial pollution control facilities

and thereby advance the job opportunities, health, general prosperity

and economic welfare of the people of this state and improve their

prosperity and standard of living and (iii) to exercise all other

corporate powers necessary or convenient to acquisition, construction,

ownership, maintenance and lease or sale of any interest in railroads

operated within Erie county which will serve to promote, develop,

encourage and assist in acquiring, constructing, reconstructing,

improving, maintaining, equipping and furnishing of industrial,

manufacturing, warehousing, commercial and research facilities including

industrial pollution control facilities.

* NB Agency expires per §§ 856 and 882