N.Y. General Municipal Law § 917*2: New York City Industrial Development Agency

* § 917. New York City Industrial Development Agency. (a) Legislative

intent. It is the policy and intent of the City of New York to promote

the economic welfare of its inhabitants and to actively promote,

attract, encourage and develop economically sound commerce and industry

through governmental action for the purpose of preventing unemployment

and economic deterioration by the creation of a New York City Industrial

Development Agency. It is recognized that the viability and integrity of

the residential communities in New York City should be protected and

maintained so that no person be deprived of his place of residence by

any condemnation for economic or industrial development undertaken

pursuant to this article.

(b) For the purpose of this section "city" means the city of New York.

(b-1) For the purposes of this section, "rail freight facility" shall

mean, but shall not be limited to, railroad rights-of-way, beds,

bridges, viaducts, tracks, switches and any other attendant structure,

facility, fixture or property necessary or appropriate for rail freight

transportation conducted in conjunction with industrial, commercial,

manufacturing, or warehousing operations solely for the purpose of

providing or improving freight rail service between an industrial or

commercial facility or group of such facilities in physical proximity to

one another and a main line railroad track, freight yard or other means

of connection to main line railroad facilities; provided, however, that

(i) with respect to any rail freight facility project the New York City

Industrial Development Agency shall be restricted solely to the

provision of financial assistance for such rail freight facility; (ii)

that the project may not include any main line track (except to the

extent that the project may include replacement of the amount of main

line track used for passenger and/or freight service required to provide

a suitable connection), any passenger facilities of any kind, or any

rights-of-way, bridges or viaducts used for any purpose other than the

rail transportation of freight from the industrial, commercial,

manufacturing or warehousing facility or facilities to be served by the

rail service to the main line track or other freight facility, provided,

however, that nothing herein shall prohibit the project from including

bridges or viaducts with separate provision for pedestrian traffic when

it is determined that a separate pedestrian walkway is necessary or

desirable for safety purposes; (iii) prior to undertaking the financing

of any rail freight facility the New York City Industrial Development

Agency shall submit a written description of such rail freight facility

project to the commissioner of transportation who shall, within thirty

days of receipt of such description, provide written comments on such

project to the New York City Industrial Development Agency; and (iv) the

New York City Industrial Development Agency shall not enter into any

contract for providing financial assistance to such rail freight

facility project until the earlier of either the date on which the New

York City Industrial Development Agency addresses the comments of the

commissioner of transportation to the satisfaction of such commissioner,

or, if such commissioner has not submitted written comments, forty-five

days after the New York City Industrial Development Authority submitted

the written project description required by paragraph (iii) of this

subdivision.

* (c) For the benefit of the city and the inhabitants thereof an

industrial development agency, to be known as the New York City

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, except that it shall not have the

power to construct or rehabilitate any residential facility or housing

of any nature and kind whatsoever, nor shall it use any of its funds to

further the construction or rehabilitation of any residential facility

or housing of any nature and kind whatsoever. It shall constitute a body

corporate and politic, and be perpetual in duration. It shall only have

the powers and duties conferred by title one of article eighteen-A of

this chapter upon industrial development agencies as of January 1, 1973

except that it shall have the power to finance a rail freight facility

and it shall not have the power of condemnation. In the exercise of the

powers conferred upon such agency with respect to the acquisition of

real property by article eighteen-A of this chapter such agency shall be

limited to the geographical jurisdictional limits of the city.

* NB Effective until May 15, 2024

* (c) For the benefit of the city and the inhabitants thereof an

industrial development agency, to be known as the New York City

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, except that it shall not have the

power to construct or rehabilitate any residential facility or housing

of any nature and kind whatsoever, nor shall it use any of its funds to

further the construction or rehabilitation of any residential facility

or housing of any nature and kind whatsoever. It shall constitute a body

corporate and politic, and be perpetual in duration. It shall only have

the powers and duties conferred by title one of article eighteen-A of

this chapter upon industrial development agencies as of January 1, 1973

except that it shall have the power to finance a rail freight facility

and the power to establish employment goals in accordance with the

program established pursuant to section thirty-five hundred two of the

New York city charter, including but not limited to employment goals

established pursuant to paragraph seven of subdivision a and the

corresponding best efforts provisions set forth in subdivision d of such

section; provided, however, that where a provision of such section

requires action by the director of the office of community hiring and

workforce development, such action shall not be taken by the director of

the office of community hiring and workforce development but shall be

taken by the chief executive officer of the agency or his or her

designee, and it shall not have the power of condemnation. In the

exercise of the powers conferred upon such agency with respect to the

acquisition of real property by article eighteen-A of this chapter such

agency shall be limited to the geographical jurisdictional limits of the

city.

* NB Effective May 15, 2024 until May 15, 2029

* (c) For the benefit of the city and the inhabitants thereof an

industrial development agency, to be known as the New York City

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, except that it shall not have the

power to construct or rehabilitate any residential facility or housing

of any nature and kind whatsoever, nor shall it use any of its funds to

further the construction or rehabilitation of any residential facility

or housing of any nature and kind whatsoever. It shall constitute a body

corporate and politic, and be perpetual in duration. It shall only have

the powers and duties conferred by title one of article eighteen-A of

this chapter upon industrial development agencies as of January 1, 1973

except that it shall have the power to finance a rail freight facility

and it shall not have the power of condemnation. In the exercise of the

powers conferred upon such agency with respect to the acquisition of

real property by article eighteen-A of this chapter such agency shall be

limited to the geographical jurisdictional limits of the city.

* NB Effective May 15, 2029

(d) 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 board shall consist of fifteen members. Among its

membership shall be the city comptroller, the city administrator of the

economic development administration, the corporation counsel of such

city and the chairman of the city planning commission of such city, each

of whom shall have the power to designate an alternate to represent them

at board meetings with all the rights and powers, including the right to

vote, reserved to all board members, provided that such designation be

in writing to the chairman of the board. Six of the remaining eleven

members shall be appointed by the mayor of such city upon consultation

with the economic development council, business and labor organizations

and elected officials and five shall be appointed by the mayor upon

designation by the borough improvement boards of such city, one member

from each borough.

(e) The Mayor shall designate the chairman of the board, who shall

serve at the pleasure of the Mayor.

(f) The terms of the directors first appointed by the Mayor, other

than the chairman of the board shall be as follows:

four shall serve for terms of one year each, two of whom shall have

been designated by the borough improvement boards;

three shall serve for terms of two years each, two of whom shall have

been designated by the borough improvements boards;

three shall serve for terms of three years each, one of whom shall

have been designated by the borough improvement boards; thereafter the

successors of all ten such directors shall serve for terms of three

years each. The Mayor shall fill any vacancy which may occur by reason

of death, resignation, or otherwise in a manner consistent with the

original appointment. Members may be removed by the Mayor for cause

after a hearing upon ten days' written notice. Such members shall

receive no compensation for their services but shall be entitled to the

necessary expenses, including traveling expenses, incurred in the

discharge of their duties.

(g) The chief executive officer of the agency shall be appointed by a

two-thirds vote of the board of directors.

(h) The agency, its members, officers, and employees, shall be subject

to article fourteen of the civil service law and for all such purposes

the agency shall be deemed the "public employer" and its members,

officers and employees shall be deemed "public employees"; provided,

however, that chapter fifty-four of the New York City Charter, chapter

fifty-four of the Administrative Code of the City of New York, and

executive order number fifty-two dated September twenty-ninth, nineteen

hundred sixty-seven, issued by the Mayor of the City, shall apply to the

agency, its members, officers and employees except that section eight of

said executive order shall not be applicable. The agency shall establish

general and special grievances as defined in chapter fifty-four of the

Administrative Code of the City except as otherwise provided in

collective bargaining agreements.

(i) The City shall have the power to make, or contract to make grants

or loans, including but not limited to grants or loans of money, to the

agency in such amounts, upon such terms and conditions and for such

period or periods of time as in the judgment of the City and the agency

are necessary or appropriate for the accomplishment of any of the

purposes of the agency.

(j) The city shall have the power to condemn property for transfer to

the New York City Industrial Development Agency under title one of

article eighteen-A of this chapter upon the request of two-thirds of the

members of the Board of Directors of the New York city industrial

development agency. No property shall be condemned on behalf of the

agency which is zoned "residential" as defined in the zoning resolution

of the city, or which is occupied in whole or in part as a dwelling or

residence.

(k) For the purpose of this section "governing body" as used in such

title one of article eighteen-A of this chapter shall mean the Mayor of

the City. Except as otherwise provided in this section, the agency, its

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

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

chapter.

(l) The city shall save harmless and indemnify any person who is

serving or has served as a director or officer or as employee of the New

York City Industrial Development Agency against any financial loss

arising out of or in connection with any claim, demand, suit or

judgment, based on a cause of action involving allegations that

pecuniary harm was sustained by any person as a result of any

transaction, act or omission to act of the Industrial Development Agency

or of any action or inaction or vote of any director, officer or

employee of such Agency unless such individual is found by a final

judicial determination not to have acted in good faith for a purpose he

reasonably believed to be in the best interests of the Agency or not to

have had reasonable cause to believe that his conduct was lawful.

Provided, however, that such individual must transmit to the corporation

counsel of the city of New York any notice of claim, summons or

complaint or other analogous paper served on him within ten days of its

receipt unless prevented from doing so by compelling circumstances. The

corporation counsel shall, without charge, represent any such individual

unless unable to do so by reason of conflict of interest. In the event

that the corporation counsel is unable to give such representation, the

city of New York shall indemnify the individual for any reasonable

litigation expense incurred by him.

* NB Agency expires per §§ 856 and 882

* NB There are 2 § 917's