§ 891-A — Erie county industrial development agency

New York § 891-A

• Jurisdiction: New York
• Law GMU: General Municipal
• Title 2: Municipal Industrial Development Agencies
• Art. 18-A: Industrial Development

Text

* § 891-a. Erie county industrial development agency. 1. For the\nbenefit of the county of Erie and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the ERIE COUNTY INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter, except that its members shall consist of the\nErie county executive, the mayor of the city of Buffalo, the supervisor\nof the town of Tonawanda, the supervisor of the town of Cheektowaga, the\nsupervisor of the town of Amherst, the chairman of the board of the\nBuffalo and Erie county private industry council incorporated, the\nchairman of the board of the greater Buffalo chamber of commerce, the\nmanagement co-chairman of the Buffalo and Erie county labor management\ncouncil, the president of the Buffalo AFL-CIO council, the president of\nthe Buffalo Branch of the National Association for the Advancement of\nColored People, the chairman of the economic development committee of\nthe Erie county legislature, the president of the Buffalo common\ncouncil, the chairman of the Niagara frontier transportation authority,\nthe chairman of the board of the greater Buffalo development foundation\nincorporated, the president of the Erie county association of school\nboards, five members representing the business, labor and minority\ncommunities of Erie county appointed jointly by the county executive of\nErie county and the chairman of the legislature of Erie county upon\nconsultation with the hereinbefore mentioned members, and the members of\nthe United States House of Representatives representing all or part of\nErie county as ex officio, non-voting members. If the chairman of the\nboard of the Buffalo and Erie county private industry council\nincorporated, greater Buffalo chamber of commerce or greater Buffalo\ndevelopment foundation incorporated, or the management co-chairman of\nthe Buffalo and Erie county labor management council or the president of\nthe Buffalo AFL-CIO council or the president of the Buffalo Branch of\nthe National Association for the Advancement of Colored People or the\nchairman of the Niagara frontier transportation authority or the\npresident of the Erie county association of school boards shall be\nunable to serve as a member of the agency by reason of a prohibited\nconflict of interest, then another officer or director designated by\nsuch organization shall serve in his or her place. The non-voting\nmembers shall not be considered for the purpose of quorum requirements.\nThe first chairman of the agency and each subsequent chairman shall be\nelected by a majority vote of its members and such chairman shall be a\nperson other than the holder of an elective public office. The agency,\nits members, officers and employees, and its operations and activities\nshall in all respects, except as provided specifically herein, be\ngoverned by the provisions of title one of article eighteen-A of this\nchapter. Notwithstanding any provision of law to the contrary, any\nmember of the agency who is a director, officer or employee of a\ncorporation which is a party to a proposed contract with the agency\nshall disclose his or her relation to the corporation in writing to the\nagency and shall abstain from voting and discussion in respect to such\ncontract; and such contract shall not be prohibited by reason of his\nposition as director, officer or employee of the corporation if he or\nshe shall have made such disclosure and abstained from such voting and\ndiscussion, and if his or her remuneration will not be directly affected\nas a result of such contract and his or her duties as director, officer\nor employee of such corporation do not directly involve the procurement,\npreparation or performance of any part of such contract.\n 2. In addition to the powers and duties now or hereafter conferred by\ntitle one of article eighteen-A of this chapter, the agency shall have\nthe power (i) to acquire, construct, own, maintain, and lease or sell to\na railroad or private business corporation any interest in railroads\noperated within Erie county, including easements or rights of way,\nnecessary switching apparatus, track, and other equipment necessary or\nconvenient to the operation of such railroad, which will be used in\nconjunction with industrial, manufacturing, commercial or warehousing\noperations, (ii) to finance such facilities through the issuance of its\nbonds and notes, when in the judgment of the agency, such facilities\nwill serve to promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing of industrial, manufacturing, warehousing, commercial, and\nresearch facilities including industrial pollution control facilities\nand thereby advance the job opportunities, health, general prosperity\nand economic welfare of the people of this state and improve their\nprosperity and standard of living and (iii) to exercise all other\ncorporate powers necessary or convenient to acquisition, construction,\nownership, maintenance and lease or sale of any interest in railroads\noperated within Erie county which will serve to promote, develop,\nencourage and assist in acquiring, constructing, reconstructing,\nimproving, maintaining, equipping and furnishing of industrial,\nmanufacturing, warehousing, commercial and research facilities including\nindustrial pollution control facilities.\n * NB Agency expires per §§ 856 and 882\n