§ 895-H — County of Chautauqua industrial development agency

* § 895-h. County of Chautauqua industrial development agency. 1. For\nthe benefit of the county of Chautauqua and the inhabitants thereof, an\nindustrial development agency, to be known as the COUNTY OF CHAUTAUQUA\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\nthis article. 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 this article upon industrial\ndevelopment agencies and provided that the exercise of the powers by\nsuch agency with respect to the acquisition of real property whether by\npurchase, condemnation or otherwise, other than in furtherance of the\npower conferred by subdivision two of this section, shall be limited to\nthe corporate limits of the county of Chautauqua and such agency shall\ntake into consideration the local zoning and planning regulations as\nwell as the regional and local comprehensive land use plans. It shall be\norganized in a manner prescribed by and be subject to the provisions of\ntitle one of this article. Its members shall consist of not less than\nthree nor more than nine members as follows: the chairman of the\ncommittee of the governing body of the county of Chautauqua that has\nprimary responsibility for dealing with the economic welfare of the\ncounty, who shall serve as an ex officio member with full voting powers;\none member appointed by the governing body of the county of Chautauqua,\nsubject to the approval or veto of the county executive and county\nlegislative reconsideration as provided in the charter of such county;\nand up to seven members appointed by the county executive subject to\nconfirmation by the governing body of the county of Chautauqua. The\nagency, its members, officers and employees and its operations and\nactivities shall, except as provided specifically herein, be governed by\nthe provisions of title one of this article.\n 2. In addition to the powers and duties now or hereafter conferred by\ntitle one of this article, the agency shall have the power (i) to\nacquire, construct, own, maintain, and lease or sell to a railroad or\nprivate business corporation any interest in railroads operated wholly\nor partially within Chautauqua county, including easements or\nrights-of-way, necessary switching apparatus, track, and other equipment\nnecessary or convenient to the operation of such railroad, which will be\nused in conjunction with industrial, manufacturing, commercial or\nwarehousing operations and (ii) to finance such facilities through the\nissuance of its bonds and notes, when in the judgment of the agency,\nsuch facilities will serve to promote, develop and assist in the\nacquiring, constructing, reconstructing, improving, maintaining,\nequipping and furnishing of industrial, manufacturing, warehousing,\ncommercial, and research facilities including industrial pollution\ncontrol facilities and thereby advance the job opportunities, health,\ngeneral prosperity and economic welfare of the people of the state and\nimprove their prosperity and standard of living. The powers conferred\npursuant to this subdivision with respect to the acquisition of real\nproperty shall not include the acquisition of real property by\ncondemnation. Notwithstanding the taxable status date set forth in\nsection three hundred two of the real property tax law or any other\nprovision of law to the contrary, if, prior to September fifteen,\nnineteen hundred ninety-five, the agency acquires ownership,\njurisdiction, supervision or control of any portion of the railroad line\nknown as the "Southern Tier Line," which is located between the New\nYork-Pennsylvania state line in the county of Chautauqua and the city of\nHornell, and complies with all other applicable provisions of law\npertaining to the filing of an application for exemption, such property\nand the agency's activities with respect thereto shall be entitled to\nexemption from taxes or assessments as otherwise provided by law, except\nfor nineteen hundred ninety-five--ninety-six school taxes levied prior\nto September fifteen, nineteen hundred ninety-five. The tax exemption\nconferred pursuant to this subdivision shall be subject to the prior\nconsent of the affected tax jurisdictions that are located outside the\ncounty of Chautauqua, and shall not apply to special ad valorem levies\nand special assessments.\n * NB Agency expires per §§ 856 and 882\n