Legislation
SECTION 925-L
County of Rockland industrial development agency
General Municipal (GMU) CHAPTER 24, ARTICLE 18-A, TITLE 2
* § 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
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