N.Y. General Municipal Law § 895-h: County of Chautauqua industrial development agency

* § 895-h. County of Chautauqua industrial development agency. 1. For

the benefit of the county of Chautauqua and the inhabitants thereof, an

industrial development agency, to be known as the COUNTY OF CHAUTAUQUA

INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the

accomplishment of any or all of the purposes specified in title one of

this article. 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 this article upon industrial

development agencies and provided that the exercise of the powers by

such agency with respect to the acquisition of real property whether by

purchase, condemnation or otherwise, other than in furtherance of the

power conferred by subdivision two of this section, shall be limited to

the corporate limits of the county of Chautauqua and such agency shall

take into consideration the local zoning and planning regulations as

well as the regional and local comprehensive land use plans. It shall be

organized in a manner prescribed by and be subject to the provisions of

title one of this article. Its members shall consist of not less than

three nor more than nine members as follows: the chairman of the

committee of the governing body of the county of Chautauqua that has

primary responsibility for dealing with the economic welfare of the

county, who shall serve as an ex officio member with full voting powers;

one member appointed by the governing body of the county of Chautauqua,

subject to the approval or veto of the county executive and county

legislative reconsideration as provided in the charter of such county;

and up to seven members appointed by the county executive subject to

confirmation by the governing body of the county of Chautauqua. The

agency, its members, officers and employees and its operations and

activities shall, except as provided specifically herein, be governed by

the provisions of title one of this article.

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

title one of this article, 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 wholly

or partially within Chautauqua 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 and (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 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 the state and

improve their prosperity and standard of living. The powers conferred

pursuant to this subdivision with respect to the acquisition of real

property shall not include the acquisition of real property by

condemnation. Notwithstanding the taxable status date set forth in

section three hundred two of the real property tax law or any other

provision of law to the contrary, if, prior to September fifteen,

nineteen hundred ninety-five, the agency acquires ownership,

jurisdiction, supervision or control of any portion of the railroad line

known as the "Southern Tier Line," which is located between the New

York-Pennsylvania state line in the county of Chautauqua and the city of

Hornell, and complies with all other applicable provisions of law

pertaining to the filing of an application for exemption, such property

and the agency's activities with respect thereto shall be entitled to

exemption from taxes or assessments as otherwise provided by law, except

for nineteen hundred ninety-five--ninety-six school taxes levied prior

to September fifteen, nineteen hundred ninety-five. The tax exemption

conferred pursuant to this subdivision shall be subject to the prior

consent of the affected tax jurisdictions that are located outside the

county of Chautauqua, and shall not apply to special ad valorem levies

and special assessments.

* NB Agency expires per §§ 856 and 882