NY State Assembly Bill 2009-A10183

Assembly Bill A10183

2009-2010 Legislative Session

Permits city of Gloversville and town of Johnstown to enter into certain agreements to provide services and to share resulting property taxes generated therefrom

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	print number 10183a
Jun 10, 2010	amend (t) and recommit to cities
Mar 10, 2010	referred to cities

Bill Amendments

Original

A (Active)

2009-A10183 - Details

See Senate Version of this Bill:: S7057
Current Committee:: Assembly Cities
Law Section:: Fulton County
Laws Affected:: Amd Chap 148 of 2001

2009-A10183 - Summary

Permits the city of Gloversville and town of Johnstown to enter into certain agreements to provide services and to share property taxes generated therefrom.

2009-A10183 - Sponsor Memo

                                BILL NUMBER:A10183

TITLE  OF BILL:  An act to amend chapter 148 of the laws of 2001, relat-
ing to authorizing the city of Gloversville and the town of Johnstown to
enter into certain cooperative agreements, in relation  to  such  agree-
ments

PURPOSE:    To expand the circumstances under which the City of Glovers-
ville and the Town of Johnstown may enter into  revenue  sharing  agree-
ments.

SUMMARY  OF PROVISIONS:  The bill amends Chapter 148 of the Laws of 2001
- which authorizes tax-sharing agreements between the City  of  Glovers-
ville  and  the  Town  of Johnstown -- in order to allow the two munici-
palities to enter into revenue sharing agreements for properties of land
that are annexed from the town into the city.

EXISTING LAW:  Chapter 148 of 2001, as amended by Chapter 303  of  2009,
authorized  the  City of Gloversville and the Town of Johnstown to enter
into an agreement in which  the  City  would  provide  water  and  other
services  to  certain properties in the Town, and the two municipalities
would agree to share the resulting property tax,  sales  tax  and  other
revenues.  The  law specified certain items that must be included in the
agreement, such as establishing a process for identifying affected prop-
erties, identifying the types of taxes  to  be  shared,  specifying  the
percentage  of  revenues each municipality shall receive, and specifying

the process for collecting and sharing the revenues.

JUSTIFICATION:   Legislation was enacted  in  2001  (Chapter  148),  and
amended  in  2009  (Chapter 303), to enable the City of Gloversville and
the Town of Johnstown to enter into a tax  sharing  agreement  in  situ-
ations where the City provides services to properties in the Town. Offi-
cials  from the two municipalities have been working together to develop
such an agreement.

For one important  local  development  project,  these  local  officials
agreed  to a revenue sharing proposal. They have subsequently determined
that, for this particular case, it is more viable to have  the  affected
town lands annexed into the city. However, the 2001 law does not specif-
ically  authorize  the  two municipalities to enter into revenue sharing
arrangements for cooperative efforts  involving  lands  that  are  being
annexed.

As requested by the two governing bodies, this bill expands the existing
law  in order to encourage and enable the two municipalities to continue
to work cooperatively on economic development efforts.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  None to the State. It is expected that, by working
together, both the City of Gloversville and the Town of  Johnstown  will
benefit from future growth and development.

EFFECTIVE DATE:  Immediately

2009-A10183 - Bill Text download pdf

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

    S. 7057                                                 A. 10183

                      S E N A T E - A S S E M B L Y

                             March 10, 2010
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN ASSEMBLY -- Introduced by M. of A. BUTLER -- read once  and  referred
  to the Committee on Cities

AN ACT to amend chapter 148 of the laws of 2001, relating to authorizing
  the  city  of  Gloversville  and  the  town of Johnstown to enter into
  certain cooperative agreements, in relation to such agreements

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

  Section  1.  Chapter  148 of the laws of 2001, relating to authorizing
the city of Gloversville and the town of Johnstown to enter into certain
cooperative agreements, as amended by chapter 303 of the laws  of  2009,
is amended to read as follows:
  Section 1. Notwithstanding any other provision of law to the contrary,
the city of Gloversville and the town of Johnstown are hereby authorized
and empowered to enter into agreements with each other whereby [the city
may  agree  and  commit  to  provide water and other services, including
sewer, to properties in the town and, in exchange,] the  city  and  town
may agree and commit to share all or a specified part of the [resulting]
property  tax,  sales  tax  and any other specified taxes generated from
[such properties]: (A) PROPERTIES IN THE TOWN FOR  WHICH  THE  CITY  HAS
AGREED  TO  PROVIDE WATER AND OTHER SERVICES; AND (B) PROPERTIES ANNEXED
FROM THE TOWN INTO THE CITY.
  S 2. Any such agreement, or any amendments to the agreement,  must  be
approved  by each municipality by a majority vote of the voting strength
of its governing body. At least thirty days prior to voting on any  such
agreement or amendments to the agreement, each municipality shall hold a
public hearing on the proposal.
  S  3.  When  any  service  to  be  provided  TO PROPERTIES IN THE TOWN
involves an independent municipal corporation, the agreement shall  also
require  the participation and approval of such municipal corporation by
a majority vote of the voting strength of its governing body.

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

                                                           LBD16313-01-0

S. 7057                             2                           A. 10183

  S 4. Any such agreement shall:
  (i)  establish  a  process  for entering into an agreement between the
city and the town for identifying and determining the  affected  proper-
ties or boundaries;
  (ii) identify the types of taxes to be shared;
  (iii)  specify  the  percentage of tax revenues that each municipality
shall receive, or otherwise establish  a  formula  or  other  means  for
determining the amount of tax revenues each municipality shall receive;
  (iv) specify the process and method of collecting and sharing such tax
revenues; and
  (v)  address any other matters as determined to be necessary or appro-
priate by the city and town.
  S 5. This act shall take effect immediately.
  S 2. This act shall take effect immediately, and shall  apply  to  any
properties subject to annexation after April 1, 2010.

2009-A10183A (ACTIVE) - Details

See Senate Version of this Bill:: S7057
Current Committee:: Assembly Cities
Law Section:: Fulton County
Laws Affected:: Amd Chap 148 of 2001

2009-A10183A (ACTIVE) - Summary

Permits the city of Gloversville and town of Johnstown to enter into certain agreements to provide services and to share property taxes generated therefrom.

2009-A10183A (ACTIVE) - Bill Text download pdf

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

    S. 7057--A                                           A. 10183--A

                      S E N A T E - A S S E M B L Y

                             March 10, 2010
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment -- reported favorably from said committee and  committed  to  the
  Committee  on  Finance  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. BUTLER -- read once  and  referred
  to  the  Committee  on  Cities  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT relating to authorizing the city of Gloversville and the town  of
  Johnstown to enter into a certain cooperative agreement

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

  Section 1.  Legislative intent and purpose. It is the  intent  of  the
legislature  to  enable  the town of Johnstown and city of Gloversville,
both located in Fulton county, to share in the economic benefits result-
ing from the development of a certain parcel of land  currently  located
in the town to be annexed by the city. The proposed development is to be
constructed  on  a  parcel  of  land  in  the city of Gloversville which
requires a new road to be constructed in the town of Johnstown  on  land
owned  by  the  Fulton County Federal Credit Union. The credit union has
agreed to the road construction in exchange for water and sewer services
to the three parcels that will be created by the road construction.  The
city  of  Gloversville  has  decided  to annex the Fulton County Federal
Credit Union parcel to enable it to provide water and sewer services  to
all three parcels.
  S  2.  Notwithstanding any other provision of law to the contrary, the
city of Gloversville and the town of Johnstown are hereby authorized and
empowered to enter into an agreement with each other  whereby  the  city
and  town  agree  to  share  the  resulting economic benefits related to
certain property annexed from the town into the city.
  S 3. Any such agreement, or any amendments to the agreement,  must  be
approved  by each municipality by a majority vote of the voting strength
of its governing body.

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

                                                           LBD16313-02-0

S. 7057--A                          2                        A. 10183--A

  S 4. Any such agreement shall:
  (a) identify the boundaries of the affected property;
  (b)  identify  the fair market value of resulting economic benefits to
be shared, or identify the method or process for determining such value;
  (c) identify the types of services which may be provided.
  S 5. Pursuant to such agreement, the city of  Gloversville  agrees  to
provide aggregate municipal services to the town of Johnstown equivalent
to  the fair market value of the parcel annexed from the town  of Johns-
town to the city of Gloversville.
  S 6. This act shall take effect immediately.

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