senate Bill S7690A

Signed by Governor

Grants the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 29 / May / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 10 / Jun / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 10 / Jun / 2014
    • PRINT NUMBER 7690A
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1356
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO LOCAL GOVERNMENTS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9974A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.504
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 25 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 04 / Sep / 2014
    • SIGNED CHAP.349

Summary

Grants the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations.

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Bill Details

See Assembly Version of this Bill:
A9974A
Versions:
S7690
S7690A
Legislative Cycle:
2013-2014
Law Section:
Rockland County

Sponsor Memo

BILL NUMBER:S7690A

TITLE OF BILL: An act in relation to granting the Nyack joint fire
district local development corporation and the Nyack general fire
protection company, Inc. legal corporate status as not-for-profit
corporations

PURPOSE: This bill would grant legal corporate status as
not-for-profit corporations pursuant to the New York State
not-for-profit corporation law to the Nyack Joint Fire District Local
Development Corporation (the "LDC") and the Nyack General Fire
Protection Company, Inc. (the "Fire Co.") and to authorize the valid
and legal transfer of title to the Park Street fire station from the
Fire Co. to the Nyack Joint Fire District, in the Towns of Orangetown
and Clarkstown and the Villages of Nyack, Upper Nyack, South Nyack and
Upper Grandview in Rockland County (the "Nyack Joint Fire District").
In addition, this act will address and remedy certain prior actions by
the LDC and the Fire Co., which were the subject of a report prepared
by the Office of the State Comptroller in December, 2009.

SUMMARY OF PROVISIONS:

Section 1. (i) Grants legal corporate status to the Nyack Joint Fire
District Local Development Corporation and the Nyack General Fire
Protection Company, Inc., as not-for-profit corporations pursuant to
the New York State not-for-profit corporation law; (ii) legalizes,
validates, ratifies and confirms the transfer of several parcels of
real property located on Park Street in the Village of Nyack and
currently the site of the Park Street fire station from the LDC to the
Fire Co. and the lease between the Fire Co. to the Nyack Joint Fire
District; and (iii) authorizes the sale, without judicial
intervention, of such parcels of real property by the Fire Co. to the
Nyack Joint Fire District, upon such terms and conditions and for such
consideration as have been agreed upon.

Section 2. Effective date.

JUSTIFICATION: The Nyack Joint Fire District presently leases a fire
station located on Park Street in the Village of Nyack from the Nyack
General Fire Protection Company, Inc. The lease by and between the
Nyack General Fire Protection Company, Inc. and the Nyack Joint Fire
District provides an option to purchase, at any time during the term
of the lease, for a sum of one dollar ($1.00), plus payment of any and
all mortgages, liens or other encumbrances of record against the
property. The Board of Fire Commissioners has determined that there
will be significant financial benefits to the taxpayers of the Nyack
Joint Fire District if the Nyack Joint Fire District exercises the
purchase option set forth in the lease because the debt service cost
on bonds issued by the Nyack Joint Fire District to acquire the fire
station will be substantially lower than the lease payments required
to be made by the Nyack Joint Fire District pursuant to the terms of
the lease. In furtherance thereof, in December 2013, a proposition for
approval of a bond resolution was approved by a majority of the voters
of the Nyack Joint Fire District authorizing the issuance of not to
exceed $3 million in bonds of the Nyack Joint Fire District to finance
the acquisition of the fire station located on Park Street.


In order (i) to assure the validity of the transfer of title from the
Fire Co. to the Nyack Joint Fire District, (ii) to resolve any other
questions surrounding the legality of the actions taken by the LDC and
the Fire Co., formed for the express purpose of financing the
construction of said fire station, and (iii) to eliminate the need for
judicial intervention for said transfer of title, the Nyack Joint Fire
District is seeking this special act.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7690--A

                            I N  S E N A T E

                              May 29, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT in relation to granting  the  Nyack  joint  fire  district  local
  development corporation and the Nyack general fire protection company,
  Inc. legal corporate status as not-for-profit corporations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Notwithstanding  any  other  provision  of  law,  general,
special or local, the Nyack Joint Fire District Local Development Corpo-
ration  and Nyack General Fire Protection Company, Inc. respectively are
hereby granted legal corporate  status  as  not-for-profit  corporations
pursuant  to the New York state not-for-profit corporation law, with the
same rights, powers and privileges  of  any  corporation  heretofore  or
hereafter  incorporated  under such law.  Any and all transfers of title
to the several parcels of real property located on Park  Street  in  the
Village of Nyack and currently the site of the Park Street fire station,
from  the Nyack Joint Fire District Local Development Corporation to the
Nyack General Fire Protection Company, Inc. and  any  and  all  existing
lease agreements by and between the Nyack General Fire Protection Compa-
ny,  Inc.  and the Nyack Joint Fire District, in the towns of Orangetown
and Clarkstown and the villages of Nyack, Upper Nyack, South  Nyack  and
Upper  Grandview  in  Rockland County (the "Nyack Joint Fire District"),
are hereby legalized, validated, ratified and confirmed. Notwithstanding
the provisions of the New York  state  not-for-profit  corporation  law,
including,  but  not  limited  to,  those  provisions requiring judicial
intervention for the disposition of all  or  substantially  all  of  the
assets of a not-for-profit corporation, the sale of such parcels of real
property by the Nyack General Fire Protection Company, Inc. to the Nyack
Joint Fire District, upon such terms and conditions and for such consid-
eration  as  have  been  agreed upon in the existing lease agreement, is
hereby authorized. The Fire District is  hereby  authorized  to  acquire
said  parcels  of  real  property from the Nyack General Fire Protection
Company, Inc. upon such terms and conditions and for such  consideration
as have been agreed upon in the existing lease agreement.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15287-04-4

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