S T A T E O F N E W Y O R K
________________________________________________________________________
9785
I N A S S E M B L Y
January 28, 2010
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to promoting
government efficiency through mergers between contiguous city, town,
and village industrial development agencies and service sharing
between and among city, town, and village industrial development agen-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 857 to read as follows:
S 857. MERGER OF INDUSTRIAL DEVELOPMENT AGENCIES. 1. (A) TWO OR MORE
TOWN, CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCIES, WHETHER WITHIN
THE SAME COUNTY OR DIFFERENT COUNTIES, MAY SIMULTANEOUSLY DISSOLVE AND
MERGE INTO A SINGLE INDUSTRIAL DEVELOPMENT AGENCY IF EACH OF THE INDUS-
TRIAL DEVELOPMENT AGENCIES IS CONTIGUOUS TO AT LEAST ONE OF THE OTHER
INDUSTRIAL DEVELOPMENT AGENCIES AND IF TOGETHER THE INDUSTRIAL DEVELOP-
MENT AGENCIES WOULD FORM A MERGED INDUSTRIAL DEVELOPMENT AGENCY THAT IS
AUTHORIZED UNDER THE LAWS OF THE STATE OF NEW YORK.
(B) UPON THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, THE TOWN,
CITY, OR VILLAGE INDUSTRIAL DEVELOPMENT AGENCY SHALL CEASE TO EXIST AND
ALL THE RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES OF SUCH
AGENCIES, INCLUDING BUT NOT LIMITED TO THE RIGHTS AND OBLIGATIONS UNDER
ANY BOND, NOTE, OR CONTRACT OR OTHER AGREEMENT, EXPRESS OR IMPLIED,
SHALL DEVOLVE TO, BE VESTED IN AND POSSESSED BY THE MERGED INDUSTRIAL
DEVELOPMENT AGENCY, WHICH SHALL IN ALL RESPECTS AND FOR ALL PURPOSES BE
THE SUCCESSOR IN INTEREST TO THE DISSOLVED TOWN, CITY OR VILLAGE INDUS-
TRIAL DEVELOPMENT AGENCY.
2. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO
BE DISSOLVED AND THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE AGENCY
TO BE MERGED SHALL ADOPT A PLAN SETTING FORTH, AT A MINIMUM:
(A) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE
DISSOLVED OR MERGED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14841-03-9
A. 9785 2
(B) THE NAMES OF THE MEMBERS OF SUCH AGENCY, SPECIFYING THE IDENTITY
OF THE CHAIRPERSON;
(C) THE UNDERLYING PURPOSE OF THE DISSOLUTION AND MERGER INCLUDING
ECONOMIES AND EFFICIENCIES THAT ARE PROJECTED AS A RESULT THEREOF;
(D) A STATEMENT, CONTAINING BOTH CURRENT INFORMATION AND INFORMATION
PROJECTED TO THE PROPOSED DATE OF THE DISSOLUTION AND MERGER, OF (1) THE
OUTSTANDING BONDS, NOTES AND ANY OTHER OBLIGATIONS OR LIABILITIES; (2)
ACTUAL AND ACCRUED REVENUES; (3) EACH PROJECT FOR WHICH FINANCIAL
ASSISTANCE HAS BEEN PROVIDED, THE TYPE OF FINANCIAL ASSISTANCE PROVIDED
AND THE STATUS OF THE PROJECT; AND (4) THE GENERAL TERMS AND CONDITIONS
OF EACH CONTRACT, INCLUDING PAYMENT IN LIEU OF TAX AGREEMENTS;
(E) THE TERMS AND CONDITIONS OF THE PROPOSED DISSOLUTION AND MERGER
INCLUDING A STATEMENT ACKNOWLEDGING THAT THE MERGED AGENCY SHALL UPON
THE EFFECTIVE DATE OF THE DISSOLUTION AND MERGER, SUCCEED TO ALL THE
RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES, INCLUDING BONDS,
NOTES AND OTHER OBLIGATIONS AND CONTRACTUAL RIGHTS AND OBLIGATIONS OF
THE DISSOLVED AND MERGED TOWN, CITY, OR VILLAGE AGENCIES; AND
(F) A STATEMENT THAT THE PLAN OF MERGER HAS BEEN REVIEWED AND APPROVED
BY COUNSEL FOR THE DISSOLVED TOWN, CITY, OR VILLAGE AGENCY AND COUNSEL
FOR THE MERGED TOWN, CITY, OR VILLAGE AGENCY, INDICATING THAT EACH COUN-
SEL HAS CONSIDERED THE IMPACT, IF ANY, OF THE DISSOLUTION AND MERGER ON:
(1) THE RIGHTS OF ANY EMPLOYEES OF THE MERGING AGENCIES; AND (2) THE
RECIPIENTS OF FINANCIAL ASSISTANCE FROM THE AGENCIES.
3. THE GOVERNING BODY OF THE TOWN, CITY, OR VILLAGE OF THE AGENCY TO
BE DISSOLVED AND THE GOVERNING BODY OF THE TOWN, CITY OR VILLAGE AGENCY
TO BE MERGED SHALL ADOPT RESOLUTIONS APPROVING THE MERGER.
4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, THE AGENCY CHIEF EXECUTIVE OFFICER BY RESOLUTION OF THE
BOARD OF ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT AGENCY
SHALL BE AUTHORIZED TO ENTER INTO AN AGREEMENT OR AGREEMENTS TO SHARE
SERVICES WITH ANY TOWN, CITY, VILLAGE OR COUNTY INDUSTRIAL DEVELOPMENT
AGENCY WITHIN THE SAME COUNTY OR COUNTIES.
S 2. This act shall take effect immediately.