§ 917*2 — New York City Industrial Development Agency

* § 917. New York City Industrial Development Agency. (a) Legislative\nintent. It is the policy and intent of the City of New York to promote\nthe economic welfare of its inhabitants and to actively promote,\nattract, encourage and develop economically sound commerce and industry\nthrough governmental action for the purpose of preventing unemployment\nand economic deterioration by the creation of a New York City Industrial\nDevelopment Agency. It is recognized that the viability and integrity of\nthe residential communities in New York City should be protected and\nmaintained so that no person be deprived of his place of residence by\nany condemnation for economic or industrial development undertaken\npursuant to this article.\n (b) For the purpose of this section "city" means the city of New York.\n (b-1) For the purposes of this section, "rail freight facility" shall\nmean, but shall not be limited to, railroad rights-of-way, beds,\nbridges, viaducts, tracks, switches and any other attendant structure,\nfacility, fixture or property necessary or appropriate for rail freight\ntransportation conducted in conjunction with industrial, commercial,\nmanufacturing, or warehousing operations solely for the purpose of\nproviding or improving freight rail service between an industrial or\ncommercial facility or group of such facilities in physical proximity to\none another and a main line railroad track, freight yard or other means\nof connection to main line railroad facilities; provided, however, that\n(i) with respect to any rail freight facility project the New York City\nIndustrial Development Agency shall be restricted solely to the\nprovision of financial assistance for such rail freight facility; (ii)\nthat the project may not include any main line track (except to the\nextent that the project may include replacement of the amount of main\nline track used for passenger and/or freight service required to provide\na suitable connection), any passenger facilities of any kind, or any\nrights-of-way, bridges or viaducts used for any purpose other than the\nrail transportation of freight from the industrial, commercial,\nmanufacturing or warehousing facility or facilities to be served by the\nrail service to the main line track or other freight facility, provided,\nhowever, that nothing herein shall prohibit the project from including\nbridges or viaducts with separate provision for pedestrian traffic when\nit is determined that a separate pedestrian walkway is necessary or\ndesirable for safety purposes; (iii) prior to undertaking the financing\nof any rail freight facility the New York City Industrial Development\nAgency shall submit a written description of such rail freight facility\nproject to the commissioner of transportation who shall, within thirty\ndays of receipt of such description, provide written comments on such\nproject to the New York City Industrial Development Agency; and (iv) the\nNew York City Industrial Development Agency shall not enter into any\ncontract for providing financial assistance to such rail freight\nfacility project until the earlier of either the date on which the New\nYork City Industrial Development Agency addresses the comments of the\ncommissioner of transportation to the satisfaction of such commissioner,\nor, if such commissioner has not submitted written comments, forty-five\ndays after the New York City Industrial Development Authority submitted\nthe written project description required by paragraph (iii) of this\nsubdivision.\n * (c) For the benefit of the city and the inhabitants thereof an\nindustrial development agency, to be known as the New York City\nIndustrial Development Agency, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter, except that it shall not have the\npower to construct or rehabilitate any residential facility or housing\nof any nature and kind whatsoever, nor shall it use any of its funds to\nfurther the construction or rehabilitation of any residential facility\nor housing of any nature and kind whatsoever. It shall constitute a body\ncorporate and politic, and be perpetual in duration. It shall only have\nthe powers and duties conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies as of January 1, 1973\nexcept that it shall have the power to finance a rail freight facility\nand it shall not have the power of condemnation. In the exercise of the\npowers conferred upon such agency with respect to the acquisition of\nreal property by article eighteen-A of this chapter such agency shall be\nlimited to the geographical jurisdictional limits of the city.\n * NB Effective until May 15, 2024\n * (c) For the benefit of the city and the inhabitants thereof an\nindustrial development agency, to be known as the New York City\nIndustrial Development Agency, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter, except that it shall not have the\npower to construct or rehabilitate any residential facility or housing\nof any nature and kind whatsoever, nor shall it use any of its funds to\nfurther the construction or rehabilitation of any residential facility\nor housing of any nature and kind whatsoever. It shall constitute a body\ncorporate and politic, and be perpetual in duration. It shall only have\nthe powers and duties conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies as of January 1, 1973\nexcept that it shall have the power to finance a rail freight facility\nand the power to establish employment goals in accordance with the\nprogram established pursuant to section thirty-five hundred two of the\nNew York city charter, including but not limited to employment goals\nestablished pursuant to paragraph seven of subdivision a and the\ncorresponding best efforts provisions set forth in subdivision d of such\nsection; provided, however, that where a provision of such section\nrequires action by the director of the office of community hiring and\nworkforce development, such action shall not be taken by the director of\nthe office of community hiring and workforce development but shall be\ntaken by the chief executive officer of the agency or his or her\ndesignee, and it shall not have the power of condemnation. In the\nexercise of the powers conferred upon such agency with respect to the\nacquisition of real property by article eighteen-A of this chapter such\nagency shall be limited to the geographical jurisdictional limits of the\ncity.\n * NB Effective May 15, 2024 until May 15, 2029\n * (c) For the benefit of the city and the inhabitants thereof an\nindustrial development agency, to be known as the New York City\nIndustrial Development Agency, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter, except that it shall not have the\npower to construct or rehabilitate any residential facility or housing\nof any nature and kind whatsoever, nor shall it use any of its funds to\nfurther the construction or rehabilitation of any residential facility\nor housing of any nature and kind whatsoever. It shall constitute a body\ncorporate and politic, and be perpetual in duration. It shall only have\nthe powers and duties conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies as of January 1, 1973\nexcept that it shall have the power to finance a rail freight facility\nand it shall not have the power of condemnation. In the exercise of the\npowers conferred upon such agency with respect to the acquisition of\nreal property by article eighteen-A of this chapter such agency shall be\nlimited to the geographical jurisdictional limits of the city.\n * NB Effective May 15, 2029\n (d) It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter,\nexcept that its board shall consist of fifteen members. Among its\nmembership shall be the city comptroller, the city administrator of the\neconomic development administration, the corporation counsel of such\ncity and the chairman of the city planning commission of such city, each\nof whom shall have the power to designate an alternate to represent them\nat board meetings with all the rights and powers, including the right to\nvote, reserved to all board members, provided that such designation be\nin writing to the chairman of the board. Six of the remaining eleven\nmembers shall be appointed by the mayor of such city upon consultation\nwith the economic development council, business and labor organizations\nand elected officials and five shall be appointed by the mayor upon\ndesignation by the borough improvement boards of such city, one member\nfrom each borough.\n (e) The Mayor shall designate the chairman of the board, who shall\nserve at the pleasure of the Mayor.\n (f) The terms of the directors first appointed by the Mayor, other\nthan the chairman of the board shall be as follows:\n four shall serve for terms of one year each, two of whom shall have\nbeen designated by the borough improvement boards;\n three shall serve for terms of two years each, two of whom shall have\nbeen designated by the borough improvements boards;\n three shall serve for terms of three years each, one of whom shall\nhave been designated by the borough improvement boards; thereafter the\nsuccessors of all ten such directors shall serve for terms of three\nyears each. The Mayor shall fill any vacancy which may occur by reason\nof death, resignation, or otherwise in a manner consistent with the\noriginal appointment. Members may be removed by the Mayor for cause\nafter a hearing upon ten days' written notice. Such members shall\nreceive no compensation for their services but shall be entitled to the\nnecessary expenses, including traveling expenses, incurred in the\ndischarge of their duties.\n (g) The chief executive officer of the agency shall be appointed by a\ntwo-thirds vote of the board of directors.\n (h) The agency, its members, officers, and employees, shall be subject\nto article fourteen of the civil service law and for all such purposes\nthe agency shall be deemed the "public employer" and its members,\nofficers and employees shall be deemed "public employees"; provided,\nhowever, that chapter fifty-four of the New York City Charter, chapter\nfifty-four of the Administrative Code of the City of New York, and\nexecutive order number fifty-two dated September twenty-ninth, nineteen\nhundred sixty-seven, issued by the Mayor of the City, shall apply to the\nagency, its members, officers and employees except that section eight of\nsaid executive order shall not be applicable. The agency shall establish\ngeneral and special grievances as defined in chapter fifty-four of the\nAdministrative Code of the City except as otherwise provided in\ncollective bargaining agreements.\n (i) The City shall have the power to make, or contract to make grants\nor loans, including but not limited to grants or loans of money, to the\nagency in such amounts, upon such terms and conditions and for such\nperiod or periods of time as in the judgment of the City and the agency\nare necessary or appropriate for the accomplishment of any of the\npurposes of the agency.\n (j) The city shall have the power to condemn property for transfer to\nthe New York City Industrial Development Agency under title one of\narticle eighteen-A of this chapter upon the request of two-thirds of the\nmembers of the Board of Directors of the New York city industrial\ndevelopment agency. No property shall be condemned on behalf of the\nagency which is zoned "residential" as defined in the zoning resolution\nof the city, or which is occupied in whole or in part as a dwelling or\nresidence.\n (k) For the purpose of this section "governing body" as used in such\ntitle one of article eighteen-A of this chapter shall mean the Mayor of\nthe City. Except as otherwise provided in this section, the agency, its\nmembers, officers and employees, and its operations and activities shall\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n (l) The city shall save harmless and indemnify any person who is\nserving or has served as a director or officer or as employee of the New\nYork City Industrial Development Agency against any financial loss\narising out of or in connection with any claim, demand, suit or\njudgment, based on a cause of action involving allegations that\npecuniary harm was sustained by any person as a result of any\ntransaction, act or omission to act of the Industrial Development Agency\nor of any action or inaction or vote of any director, officer or\nemployee of such Agency unless such individual is found by a final\njudicial determination not to have acted in good faith for a purpose he\nreasonably believed to be in the best interests of the Agency or not to\nhave had reasonable cause to believe that his conduct was lawful.\nProvided, however, that such individual must transmit to the corporation\ncounsel of the city of New York any notice of claim, summons or\ncomplaint or other analogous paper served on him within ten days of its\nreceipt unless prevented from doing so by compelling circumstances. The\ncorporation counsel shall, without charge, represent any such individual\nunless unable to do so by reason of conflict of interest. In the event\nthat the corporation counsel is unable to give such representation, the\ncity of New York shall indemnify the individual for any reasonable\nlitigation expense incurred by him.\n * NB Agency expires per §§ 856 and 882\n * NB There are 2 § 917's\n