NY State Senate Bill 2009-S7057

Senate Bill S7057

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported and committed to rules
Jun 11, 2010	print number 7057a
Jun 11, 2010	amend (t) and recommit to finance
Jun 03, 2010	reported and committed to finance
Mar 10, 2010	referred to local government

Votes

- Jun 3, 2010 - Local Government Committee Vote
  S7057
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 3, 2010
      
      aye (7)
      
      Bonacic
      
      Johnson
      
      Little
      
      Oppenheimer
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      excused (1)
      
      Morahan
  Jun 15, 2010 - Finance Committee Vote
  S7057
  
  33
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 15, 2010
      
      aye (33)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker

Bill Amendments

Original

A (Active)

2009-S7057 - Details

See Assembly Version of this Bill:: A10183
Current Committee:: Senate Rules
Law Section:: Fulton County
Laws Affected:: Amd Chap 148 of 2001

2009-S7057 - 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-S7057 - Sponsor Memo

                                 BILL NUMBER:  S7057

 TITLE OF BILL :
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


 PURPOSE :
To expand the circumstances under which the City of Gloversville and
the Town of Johnstown may enter into revenue sharing agreements.

 SUMMARY OF PROVISIONS :
The bill amends Chapter 148 of the Laws of 2001 -- which authorizes
tax-sharing agreements between the City of Gloversville and the Town
of Johnstown -- in order to allow the two municipalities 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 properties,
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 situations where
the City provides services to properties in the Town. Officials 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 200 I law
does not specifically 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-S7057 - 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-S7057A (ACTIVE) - Details

See Assembly Version of this Bill:: A10183
Current Committee:: Senate Rules
Law Section:: Fulton County
Laws Affected:: Amd Chap 148 of 2001

2009-S7057A (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-S7057A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7057A

TITLE OF BILL:
An act relating to authorizing the city of Gloversville and the town of
Johnstown to enter into a certain cooperative agreement

PURPOSE:
To enact Home Rule legislation allowing the City of Gloversville and the
Town of Johnstown to enter into an agreement to share the economic bene-
fits resulting from development occurring on property annexed from the
town into the city.

SUMMARY OF PROVISIONS:
The bill would authorize the City of Gloversville and the Town of Johns-
town to enter into an agreement to share the resulting economic benefits
related to certain property annexed from the town into the city. Such
agreement, and any subsequent amendments to the agreement, must be
approved by each municipality by a majority vote of the voting strength
of its governing body.

The agreement shall i) identify the boundaries of the affected property;
ii) identify the fair market value of resulting economic benefits to be
shared, or identify the method or process for determining such value;
and iii) identify the types of services which may be provided.

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 into the city.

JUSTIFICATION:
Legislation was enacted in 2001 (Chapter 148), and amended in 2009
(Chapter 303), to enable the City of Gloversville and the Town of Johns-
town to enter into a tax sharing agreement in situations where the City
provides services to properties which are located in the Town.

However, the language of the 2001 law does not specifically cover prop-
erties which had been part of the town but which are being annexed into
the city.

This bill would supplement the 2001 law by enabling the two munici-
palities to share in the economic benefits resulting from development on
property annexed into the city.

The City of Gloversville and the Town of Johnstown, which are located in
Fulton County, have been working together on an economic development
project. In this particular instance, the municipalities have determined
that it is more viable to have some affected town lands annexed into the
city. Because the 2001 law only relates to properties within the town,
the governing bodies of the two municipalities have requested home rule
legislation to address situations where property is annexed into the
city.

This bill advances the efforts of local officials in the two communities
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-S7057A (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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.