State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-11 > 1953

§  1953.  Purpose  and  powers  of  the authority. The purposes of the  authority shall be to promote, develop,  encourage  and  assist  in  the  acquiring,   constructing,   reconstructing,   improving,   maintaining,  equipping  and  furnishing  industrial,  manufacturing,  warehouse,  and  commercial  research  facilities  including industrial pollution control  facilities, transportation facilities including but not limited to those  relating to water, highway, rail and air, in one or more  areas  of  the  city,  particularly but not exclusively at the site of what was formerly  the Troy airport  including  an  airstrip  or  airport  located  in  the  southern  section of the city and thereby advance the job opportunities,  health, general prosperity and economic welfare of the  people  of  said  city  and  to  improve their standard of living; provided, however, that  the authority shall not undertake any project if the completion  thereof  would  result  in the removal of an industrial or manufacturing plant of  the project occupant from one area of the state to another area  of  the  state  or  in the abandonment of one or more plants or facilities of the  project applicant located within  the  state,  provided,  however,  that  neither  restriction shall apply if the authority shall determine on the  basis of the application  before  it  that  the  project  is  reasonably  necessary  to  discourage  the project occupant from removing such other  plant or facility to a location  outside  the  state  or  is  reasonably  necessary  to  preserve the competitive position of the project occupant  in its respective industry. To carry out said  purposes,  the  authority  shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To acquire, hold and dispose of personal property for its corporate  purpose;    4.  To  acquire  by  purchase,  grant,  lease,  gift, condemnation, or  otherwise and to use, real  property  or  rights  or  easements  therein  necessary  for  its  corporate  purposes, and to sell, convey, mortgage,  lease, pledge, exchange or otherwise dispose of  any  such  property  in  such  manner  as  the  authority  shall  determine. With respect to real  property conveyed to it by the city, however, such power of  disposition  shall  be  limited  as  hereinafter provided in section nineteen hundred  five of this title;    5. To make by-laws for the management and regulation  of  its  affairs  and,  subject  to agreements with its bondholders, for the regulation of  the use of the project;    6. With the  consent  of  the  city,  to  use  agents,  employees  and  facilities  of  the  city,  paying the city its agreed proportion of the  compensation or costs;    7. To appoint officers,  agents  and  employees,  to  prescribe  their  qualifications  and to fix their compensation and to pay the same out of  funds of the authority, subject, however, to the provisions of the civil  service law as hereinafter provided in section nineteen hundred and four  of this title;    8. To appoint an attorney, who may be the corporation counsel  of  the  city, and to fix the attorney's compensation for services which shall be  payable  to  the  attorney, and to retain and employ private consultants  for professional and technical assistance and advice; provided  that  an  attorney  acting  as  bond  counsel  for  a  project  must file with the  authority a written statement in  which  the  attorney  identifies  each  party to the transaction which such attorney represents. If bond counsel  provides  any  legal  services  to parties other than the authority, the  written statement must describe the nature of legal services provided by  such bond counsel to all  parties  to  the  transaction,  including  the  nature of the services provided to the authority;9. To make contracts and leases upon such terms as the authority shall  deem  appropriate,  including  without limitation leases which grant the  tenant of a project an option to renew or  an  option  to  purchase  the  project,  or  both,  at  a fixed or otherwise predetermined price and to  execute all instruments necessary or convenient;    10.  To  acquire,  construct,  reconstruct,  lease, improve, maintain,  equip or furnish one or more projects;    11. To accept gifts, grants, loans or contributions  from,  and  enter  into  contracts  or  other  transactions with, the United States and the  state or any agency of either of them, any municipality, any  public  or  private  corporation  or  any  other  legal  entity, and to use any such  gifts, grants, loans or contributions for any of its corporate purposes;    12. To borrow money and to issue bonds and to provide for  the  rights  of the holders thereof;    13.  To  designate  the  depositories  of  its  money either within or  without the state of New York;    14. To enter into agreements requiring payments in lieu of taxes. Such  agreements shall be in writing and in  addition  to  other  terms  shall  contain: the amount due annually to each affected tax jurisdiction (or a  formula by which the amount due can be calculated), the name and address  of the person, office or agency to which payment shall be delivered, the  date on which payment shall be made, and the date on which payment shall  be  considered  delinquent  if  not paid. Unless otherwise agreed by the  affected tax  jurisdictions,  any  such  agreement  shall  provide  that  payments  in  lieu  of  taxes  shall  be  allocated  among  affected tax  jurisdictions in proportion to the amount of real property tax and other  taxes which would have been received by each affected  tax  jurisdiction  had  the  project not been tax exempt due to the status of the authority  involved in the project. A copy of any such agreement shall be delivered  to each affected tax jurisdiction within fifteen  days  of  signing  the  agreement.  In  the  absence  of any such written agreement, payments in  lieu of taxes  made  by  an  agency  shall  be  allocated  in  the  same  proportions  as  they  had been prior to January first, nineteen hundred  ninety-three for so long as the authority's activities render a  project  non-taxable by affected tax jurisdictions.    15. To establish and reestablish its fiscal year; and    16. To do all things necessary or convenient to carry out its purposes  and exercise the powers expressly given in this title.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-11 > 1953

§  1953.  Purpose  and  powers  of  the authority. The purposes of the  authority shall be to promote, develop,  encourage  and  assist  in  the  acquiring,   constructing,   reconstructing,   improving,   maintaining,  equipping  and  furnishing  industrial,  manufacturing,  warehouse,  and  commercial  research  facilities  including industrial pollution control  facilities, transportation facilities including but not limited to those  relating to water, highway, rail and air, in one or more  areas  of  the  city,  particularly but not exclusively at the site of what was formerly  the Troy airport  including  an  airstrip  or  airport  located  in  the  southern  section of the city and thereby advance the job opportunities,  health, general prosperity and economic welfare of the  people  of  said  city  and  to  improve their standard of living; provided, however, that  the authority shall not undertake any project if the completion  thereof  would  result  in the removal of an industrial or manufacturing plant of  the project occupant from one area of the state to another area  of  the  state  or  in the abandonment of one or more plants or facilities of the  project applicant located within  the  state,  provided,  however,  that  neither  restriction shall apply if the authority shall determine on the  basis of the application  before  it  that  the  project  is  reasonably  necessary  to  discourage  the project occupant from removing such other  plant or facility to a location  outside  the  state  or  is  reasonably  necessary  to  preserve the competitive position of the project occupant  in its respective industry. To carry out said  purposes,  the  authority  shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To acquire, hold and dispose of personal property for its corporate  purpose;    4.  To  acquire  by  purchase,  grant,  lease,  gift, condemnation, or  otherwise and to use, real  property  or  rights  or  easements  therein  necessary  for  its  corporate  purposes, and to sell, convey, mortgage,  lease, pledge, exchange or otherwise dispose of  any  such  property  in  such  manner  as  the  authority  shall  determine. With respect to real  property conveyed to it by the city, however, such power of  disposition  shall  be  limited  as  hereinafter provided in section nineteen hundred  five of this title;    5. To make by-laws for the management and regulation  of  its  affairs  and,  subject  to agreements with its bondholders, for the regulation of  the use of the project;    6. With the  consent  of  the  city,  to  use  agents,  employees  and  facilities  of  the  city,  paying the city its agreed proportion of the  compensation or costs;    7. To appoint officers,  agents  and  employees,  to  prescribe  their  qualifications  and to fix their compensation and to pay the same out of  funds of the authority, subject, however, to the provisions of the civil  service law as hereinafter provided in section nineteen hundred and four  of this title;    8. To appoint an attorney, who may be the corporation counsel  of  the  city, and to fix the attorney's compensation for services which shall be  payable  to  the  attorney, and to retain and employ private consultants  for professional and technical assistance and advice; provided  that  an  attorney  acting  as  bond  counsel  for  a  project  must file with the  authority a written statement in  which  the  attorney  identifies  each  party to the transaction which such attorney represents. If bond counsel  provides  any  legal  services  to parties other than the authority, the  written statement must describe the nature of legal services provided by  such bond counsel to all  parties  to  the  transaction,  including  the  nature of the services provided to the authority;9. To make contracts and leases upon such terms as the authority shall  deem  appropriate,  including  without limitation leases which grant the  tenant of a project an option to renew or  an  option  to  purchase  the  project,  or  both,  at  a fixed or otherwise predetermined price and to  execute all instruments necessary or convenient;    10.  To  acquire,  construct,  reconstruct,  lease, improve, maintain,  equip or furnish one or more projects;    11. To accept gifts, grants, loans or contributions  from,  and  enter  into  contracts  or  other  transactions with, the United States and the  state or any agency of either of them, any municipality, any  public  or  private  corporation  or  any  other  legal  entity, and to use any such  gifts, grants, loans or contributions for any of its corporate purposes;    12. To borrow money and to issue bonds and to provide for  the  rights  of the holders thereof;    13.  To  designate  the  depositories  of  its  money either within or  without the state of New York;    14. To enter into agreements requiring payments in lieu of taxes. Such  agreements shall be in writing and in  addition  to  other  terms  shall  contain: the amount due annually to each affected tax jurisdiction (or a  formula by which the amount due can be calculated), the name and address  of the person, office or agency to which payment shall be delivered, the  date on which payment shall be made, and the date on which payment shall  be  considered  delinquent  if  not paid. Unless otherwise agreed by the  affected tax  jurisdictions,  any  such  agreement  shall  provide  that  payments  in  lieu  of  taxes  shall  be  allocated  among  affected tax  jurisdictions in proportion to the amount of real property tax and other  taxes which would have been received by each affected  tax  jurisdiction  had  the  project not been tax exempt due to the status of the authority  involved in the project. A copy of any such agreement shall be delivered  to each affected tax jurisdiction within fifteen  days  of  signing  the  agreement.  In  the  absence  of any such written agreement, payments in  lieu of taxes  made  by  an  agency  shall  be  allocated  in  the  same  proportions  as  they  had been prior to January first, nineteen hundred  ninety-three for so long as the authority's activities render a  project  non-taxable by affected tax jurisdictions.    15. To establish and reestablish its fiscal year; and    16. To do all things necessary or convenient to carry out its purposes  and exercise the powers expressly given in this title.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-11 > 1953

§  1953.  Purpose  and  powers  of  the authority. The purposes of the  authority shall be to promote, develop,  encourage  and  assist  in  the  acquiring,   constructing,   reconstructing,   improving,   maintaining,  equipping  and  furnishing  industrial,  manufacturing,  warehouse,  and  commercial  research  facilities  including industrial pollution control  facilities, transportation facilities including but not limited to those  relating to water, highway, rail and air, in one or more  areas  of  the  city,  particularly but not exclusively at the site of what was formerly  the Troy airport  including  an  airstrip  or  airport  located  in  the  southern  section of the city and thereby advance the job opportunities,  health, general prosperity and economic welfare of the  people  of  said  city  and  to  improve their standard of living; provided, however, that  the authority shall not undertake any project if the completion  thereof  would  result  in the removal of an industrial or manufacturing plant of  the project occupant from one area of the state to another area  of  the  state  or  in the abandonment of one or more plants or facilities of the  project applicant located within  the  state,  provided,  however,  that  neither  restriction shall apply if the authority shall determine on the  basis of the application  before  it  that  the  project  is  reasonably  necessary  to  discourage  the project occupant from removing such other  plant or facility to a location  outside  the  state  or  is  reasonably  necessary  to  preserve the competitive position of the project occupant  in its respective industry. To carry out said  purposes,  the  authority  shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To acquire, hold and dispose of personal property for its corporate  purpose;    4.  To  acquire  by  purchase,  grant,  lease,  gift, condemnation, or  otherwise and to use, real  property  or  rights  or  easements  therein  necessary  for  its  corporate  purposes, and to sell, convey, mortgage,  lease, pledge, exchange or otherwise dispose of  any  such  property  in  such  manner  as  the  authority  shall  determine. With respect to real  property conveyed to it by the city, however, such power of  disposition  shall  be  limited  as  hereinafter provided in section nineteen hundred  five of this title;    5. To make by-laws for the management and regulation  of  its  affairs  and,  subject  to agreements with its bondholders, for the regulation of  the use of the project;    6. With the  consent  of  the  city,  to  use  agents,  employees  and  facilities  of  the  city,  paying the city its agreed proportion of the  compensation or costs;    7. To appoint officers,  agents  and  employees,  to  prescribe  their  qualifications  and to fix their compensation and to pay the same out of  funds of the authority, subject, however, to the provisions of the civil  service law as hereinafter provided in section nineteen hundred and four  of this title;    8. To appoint an attorney, who may be the corporation counsel  of  the  city, and to fix the attorney's compensation for services which shall be  payable  to  the  attorney, and to retain and employ private consultants  for professional and technical assistance and advice; provided  that  an  attorney  acting  as  bond  counsel  for  a  project  must file with the  authority a written statement in  which  the  attorney  identifies  each  party to the transaction which such attorney represents. If bond counsel  provides  any  legal  services  to parties other than the authority, the  written statement must describe the nature of legal services provided by  such bond counsel to all  parties  to  the  transaction,  including  the  nature of the services provided to the authority;9. To make contracts and leases upon such terms as the authority shall  deem  appropriate,  including  without limitation leases which grant the  tenant of a project an option to renew or  an  option  to  purchase  the  project,  or  both,  at  a fixed or otherwise predetermined price and to  execute all instruments necessary or convenient;    10.  To  acquire,  construct,  reconstruct,  lease, improve, maintain,  equip or furnish one or more projects;    11. To accept gifts, grants, loans or contributions  from,  and  enter  into  contracts  or  other  transactions with, the United States and the  state or any agency of either of them, any municipality, any  public  or  private  corporation  or  any  other  legal  entity, and to use any such  gifts, grants, loans or contributions for any of its corporate purposes;    12. To borrow money and to issue bonds and to provide for  the  rights  of the holders thereof;    13.  To  designate  the  depositories  of  its  money either within or  without the state of New York;    14. To enter into agreements requiring payments in lieu of taxes. Such  agreements shall be in writing and in  addition  to  other  terms  shall  contain: the amount due annually to each affected tax jurisdiction (or a  formula by which the amount due can be calculated), the name and address  of the person, office or agency to which payment shall be delivered, the  date on which payment shall be made, and the date on which payment shall  be  considered  delinquent  if  not paid. Unless otherwise agreed by the  affected tax  jurisdictions,  any  such  agreement  shall  provide  that  payments  in  lieu  of  taxes  shall  be  allocated  among  affected tax  jurisdictions in proportion to the amount of real property tax and other  taxes which would have been received by each affected  tax  jurisdiction  had  the  project not been tax exempt due to the status of the authority  involved in the project. A copy of any such agreement shall be delivered  to each affected tax jurisdiction within fifteen  days  of  signing  the  agreement.  In  the  absence  of any such written agreement, payments in  lieu of taxes  made  by  an  agency  shall  be  allocated  in  the  same  proportions  as  they  had been prior to January first, nineteen hundred  ninety-three for so long as the authority's activities render a  project  non-taxable by affected tax jurisdictions.    15. To establish and reestablish its fiscal year; and    16. To do all things necessary or convenient to carry out its purposes  and exercise the powers expressly given in this title.