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This entry was published on 2015-03-20
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SECTION 895-H
County of Chautauqua industrial development agency
General Municipal (GMU) CHAPTER 24, ARTICLE 18-A, TITLE 2
* § 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