N.Y. General Municipal Law § 925-l: County of Rockland industrial development agency

* § 925-l. County of Rockland industrial development agency. (a) For

the benefit of Rockland county and the inhabitants thereof an industrial

development agency, to be known as the COUNTY OF ROCKLAND 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 conferred by

title one of article eighteen-A of this chapter upon industrial

development agencies, except as provided herein, and provided that the

exercise of the powers by such agency with respect to the acquisition of

real property whether by purchase or otherwise, shall be limited to the

corporate limits of Rockland county, and such agency shall take into

consideration the local zoning and planning regulations as well as the

regional and local comprehensive land use plans.

(b) 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 five members who shall be

appointed by the county executive, subject to confirmation by the

governing body of Rockland county, for a term of three years, and except

that of the members initially appointed to said board, two shall be

appointed for a term of one year, two shall be appointed for a term of

two years and one shall be appointed for a term of three years.

(c) The by-laws and any amendment, revision or modification thereof,

adopted by the board of the agency shall have force or effect only after

they have been approved by the governing body and the county executive

of Rockland county.

(d) No action taken at any meeting of the board pursuant to

subdivisions three and four except for condemnation proceedings, nine,

ten, twelve or thirteen of section eight hundred fifty-eight of this

chapter shall have force or effect until the county executive of

Rockland county shall have an opportunity to approve or veto the same.

For the purpose of procuring such approval or veto, the secretary or

other officer of the board in charge of the minutes of the proceedings

of the board shall transmit to the chairman of the county legislature

and the county executive at their offices a certified copy of the

minutes of every meeting of the board as soon after the holding of such

meeting as such minutes can be prepared. The county executive shall

within ten days, Saturdays, Sundays and public holidays excepted, after

such minutes shall have been delivered to his office as aforesaid, cause

the same to be returned to the board either with his approval or with

his veto of any action therein recited, provided, however, that if the

county executive shall not return the said minutes within the said

period then at the expiration thereof any action therein recited will

have full force and effect according to the wording thereof.

(e) Any and all transactions of private or non-agency business or of a

private or non-agency commercial nature by and between members of the

board and clients of or persons transacting business with the agency

shall be entered fully and clearly upon the minutes of the next meeting

of the board.

(f) The agency shall file with the county legislature and the county

executive a complete financial statement concerning all of its affairs

within thirty days of the end of each of its fiscal years.

(g) The books and records of the agency shall be audited annually by

the department of audit of Rockland county and shall be subject to the

provisions of the Freedom of Information Law.

(h) The agency shall have the power to issue negotiable bonds as

provided in title one of article eighteen-A of this chapter, provided,

however, that no projects shall be approved that would result in a net

loss of jobs in the county and that not more than fifteen per centum of

current agency indebtedness has been incurred for the financing of

pollution control projects.

(i) Agency projects and projects promoted, developed and assisted by

the agency shall be liable for payment in lieu of taxes in a sum equal

to the full amount of real property and school taxes that would have

been levied absent agency assistance, or, with the written agreement of

any applicable taxing jurisdiction, in a sum equal to such lesser amount

thereof as such taxing jurisdiction may designate. The agency shall

require a beneficiary of financial assistance for projects subject to

payments in lieu of real property taxes and school taxes to enter into

an agreement with the agency or with the appropriate taxing

jurisdictions requiring such beneficiary to make payments required by

this subdivision. Any sums received by the agency pursuant to such an

agreement shall be subject to the requirements of subdivision three of

section eight hundred seventy-four of this article. Nothing herein

provided, however, is to deprive the developer of any abatements granted

by the state of New York.

(j) The agency shall not have the power to acquire real property, or

rights or easements therein, by condemnation.

(k) Any resolution or resolutions authorizing any bonds or any issue

of bonds shall not contain provisions, which are a part of the contract

with the holders of the bonds thereby authorized, as to limitations on

the rights of the agency to restrict and regulate the use of a project.

(l) 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.

(m) Notwithstanding any provisions of law to the contrary, for

purposes of the tax law the county executive shall be designated as the

"applicable elected representative" with respect to the approval of

industrial development bond issues for federal income tax purposes.

* NB Agency expires per §§ 856 and 882