2006 New York Code - New York City Industrial Development Agency.

 
    * §  917. New York City Industrial Development Agency. (a) Legislative
  intent. It is the policy and intent of the City of New York  to  promote
  the  economic  welfare  of  its  inhabitants  and  to  actively promote,
  attract, encourage and develop economically sound commerce and  industry
  through  governmental  action for the purpose of preventing unemployment
  and economic deterioration by the creation of a New York City Industrial
  Development Agency. It is recognized that the viability and integrity of
  the residential communities in New York City  should  be  protected  and
  maintained  so  that  no person be deprived of his place of residence by
  any condemnation  for  economic  or  industrial  development  undertaken
  pursuant to this article.
    (b) For the purpose of this section "city" means the city of New York.
    (b-1)  For the purposes of this section, "rail freight facility" shall
  mean, but  shall  not  be  limited  to,  railroad  rights-of-way,  beds,
  bridges,  viaducts,  tracks, switches and any other attendant structure,
  facility, fixture or property necessary or appropriate for rail  freight
  transportation  conducted  in  conjunction  with industrial, commercial,
  manufacturing, or warehousing  operations  solely  for  the  purpose  of
  providing  or  improving  freight  rail service between an industrial or
  commercial facility or group of such facilities in physical proximity to
  one another and a main line railroad track, freight yard or other  means
  of  connection to main line railroad facilities; provided, however, that
  (i) with respect to any rail freight facility project the New York  City
  Industrial   Development  Agency  shall  be  restricted  solely  to  the
  provision of financial assistance for such rail freight  facility;  (ii)
  that  the  project  may  not  include any main line track (except to the
  extent that the project may include replacement of the  amount  of  main
  line track used for passenger and/or freight service required to provide
  a  suitable  connection),  any  passenger facilities of any kind, or any
  rights-of-way, bridges or viaducts used for any purpose other  than  the
  rail   transportation   of  freight  from  the  industrial,  commercial,
  manufacturing or warehousing facility or facilities to be served by  the
  rail service to the main line track or other freight facility, provided,
  however,  that  nothing herein shall prohibit the project from including
  bridges or viaducts with separate provision for pedestrian traffic  when
  it  is  determined  that  a  separate pedestrian walkway is necessary or
  desirable for safety purposes; (iii) prior to undertaking the  financing
  of  any  rail  freight facility the New York City Industrial Development
  Agency shall submit a written description of such rail freight  facility
  project  to  the commissioner of transportation who shall, within thirty
  days of receipt of such description, provide written  comments  on  such
  project to the New York City Industrial Development Agency; and (iv) the
  New  York  City  Industrial  Development Agency shall not enter into any
  contract  for  providing  financial  assistance  to  such  rail  freight
  facility  project  until the earlier of either the date on which the New
  York City Industrial Development Agency addresses the  comments  of  the
  commissioner of transportation to the satisfaction of such commissioner,
  or,  if such commissioner has not submitted written comments, forty-five
  days after the New York City Industrial Development Authority  submitted
  the  written  project  description  required  by paragraph (iii) of this
  subdivision.
    ** (c) For the benefit of the city  and  the  inhabitants  thereof  an
  industrial  development  agency,  to  be  known  as  the  New  York City
  Industrial  Development  Agency,   is   hereby   established   for   the
  accomplishment  of  any or all of the purposes specified in title one of
  article eighteen-A of this chapter, except that it shall  not  have  the
  power  to  construct or rehabilitate any residential facility or housing
  of any nature and kind whatsoever, nor shall it use any of its funds  to
  further  the  construction or rehabilitation of any residential facility
  or housing of any nature and kind whatsoever. It shall constitute a body
  corporate and politic, and be perpetual in duration. It shall only  have
  the  powers  and  duties conferred by title one of article eighteen-A of
  this chapter upon industrial development agencies as of January 1,  1973
  except  that  it shall have the power to finance a rail freight facility
  and it shall have the power to finance a civic facility as such  project
  is  defined  in subdivision thirteen of section eight hundred fifty-four
  of this chapter and it shall not have the power of condemnation. In  the
  exercise  of  the  powers conferred upon such agency with respect to the
  acquisition of real property by article eighteen-A of this chapter  such
  agency shall be limited to the geographical jurisdictional limits of the
  city.
    ** NB Effective until July 2, 2006
    ** (c)  For  the  benefit  of  the city and the inhabitants thereof an
  industrial development  agency,  to  be  known  as  the  New  York  City
  Industrial   Development   Agency,   is   hereby   established  for  the
  accomplishment of any or all of the purposes specified in title  one  of
  article  eighteen-A  of  this chapter, except that it shall not have the
  power to construct or rehabilitate any residential facility  or  housing
  of  any nature and kind whatsoever, nor shall it use any of its funds to
  further the construction or rehabilitation of any  residential  facility
  or housing of any nature and kind whatsoever. It shall constitute a body
  corporate  and politic, and be perpetual in duration. It shall only have
  the powers and duties conferred by title one of  article  eighteen-A  of
  this  chapter upon industrial development agencies as of January 1, 1973
  except that it shall have the power to finance a rail  freight  facility
  and  it shall not have the power of condemnation. In the exercise of the
  powers conferred upon such agency with respect  to  the  acquisition  of
  real property by article eighteen-A of this chapter such agency shall be
  limited to the geographical jurisdictional limits of the city.
    ** NB Effective July 2, 2006
    (d)  It shall be organized in a manner prescribed by and be subject to
  the provisions of title one  of  article  eighteen-A  of  this  chapter,
  except  that  its  board  shall  consist  of  fifteen members. Among its
  membership shall be the city comptroller, the city administrator of  the
  economic  development  administration,  the  corporation counsel of such
  city and the chairman of the city planning commission of such city, each
  of whom shall have the power to designate an alternate to represent them
  at board meetings with all the rights and powers, including the right to
  vote, reserved to all board members, provided that such  designation  be
  in  writing  to  the  chairman of the board. Six of the remaining eleven
  members shall be appointed by the mayor of such city  upon  consultation
  with  the economic development council, business and labor organizations
  and elected officials and five shall be  appointed  by  the  mayor  upon
  designation  by  the borough improvement boards of such city, one member
  from each borough.
    (e) The Mayor shall designate the chairman of  the  board,  who  shall
  serve at the pleasure of the Mayor.
    (f)  The  terms  of  the directors first appointed by the Mayor, other
  than the chairman of the board shall be as follows:
    four shall serve for terms of one year each, two of  whom  shall  have
  been designated by the borough improvement boards; three shall serve for
  terms  of  two years each, two of whom shall have been designated by the
  borough improvements boards;
    three shall serve for terms of three years each,  one  of  whom  shall
  have  been  designated by the borough improvement boards; thereafter the
  successors of all ten such directors shall  serve  for  terms  of  three
  years  each.  The Mayor shall fill any vacancy which may occur by reason
  of death, resignation, or otherwise in  a  manner  consistent  with  the
  original  appointment.  Members  may  be  removed by the Mayor for cause
  after  a  hearing  upon  ten  days'  written  notice. Such members shall
  receive no compensation for their services but shall be entitled to  the
  necessary  expenses,  including  traveling  expenses,  incurred  in  the
  discharge of their duties.
    (g) The chief executive officer of the agency shall be appointed by  a
  two-thirds vote of the board of directors.
    (h) The agency, its members, officers, and employees, shall be subject
  to  article  fourteen of the civil service law and for all such purposes
  the agency shall be  deemed  the  "public  employer"  and  its  members,
  officers  and  employees  shall  be deemed "public employees"; provided,
  however, that chapter fifty-four of the New York City  Charter,  chapter
  fifty-four  of  the  Administrative  Code  of  the City of New York, and
  executive order number fifty-two dated September twenty-ninth,  nineteen
  hundred sixty-seven, issued by the Mayor of the City, shall apply to the
  agency, its members, officers and employees except that section eight of
  said executive order shall not be applicable. The agency shall establish
  general  and  special grievances as defined in chapter fifty-four of the
  Administrative  Code  of  the  City  except  as  otherwise  provided  in
  collective bargaining agreements.
    (i)  The City shall have the power to make, or contract to make grants
  or loans, including but not limited to grants or loans of money, to  the
  agency  in  such  amounts,  upon  such terms and conditions and for such
  period or periods of time as in the judgment of the City and the  agency
  are  necessary  or  appropriate  for  the  accomplishment  of any of the
  purposes of the agency.
    (j) The city shall have the power to condemn property for transfer  to
  the  New  York  City  Industrial  Development  Agency under title one of
  article eighteen-A of this chapter upon the request of two-thirds of the
  members of the Board of  Directors  of  the  New  York  city  industrial
  development  agency.  No  property  shall  be condemned on behalf of the
  agency which is zoned "residential" as defined in the zoning  resolution
  of  the  city, or which is occupied in whole or in part as a dwelling or
  residence.
    (k) For the purpose of this section "governing body" as used  in  such
  title  one of article eighteen-A of this chapter shall mean the Mayor of
  the City. Except as otherwise provided in this section, the agency,  its
  members, officers and employees, and its operations and activities shall
  be governed by the provisions of title one of article eighteen-A of this
  chapter.
    (l)  The  city  shall  save  harmless  and indemnify any person who is
  serving or has served as a director or officer or as employee of the New
  York City Industrial  Development  Agency  against  any  financial  loss
  arising  out  of  or  in  connection  with  any  claim,  demand, suit or
  judgment,  based  on  a  cause  of  action  involving  allegations  that
  pecuniary  harm  was  sustained  by  any  person  as  a  result  of  any
  transaction, act or omission to act of the Industrial Development Agency
  or of any action or  inaction  or  vote  of  any  director,  officer  or
  employee  of  such  Agency  unless  such  individual is found by a final
  judicial determination not to have acted in good faith for a purpose  he
  reasonably  believed to be in the best interests of the Agency or not to
  have had reasonable cause  to  believe  that  his  conduct  was  lawful.
  Provided, however, that such individual must transmit to the corporation
  counsel  of  the  city  of  New  York  any  notice  of claim, summons or
  complaint or other analogous paper served on him within ten days of  its
  receipt  unless prevented from doing so by compelling circumstances. The
  corporation counsel shall, without charge, represent any such individual
  unless unable to do so by reason of conflict of interest. In  the  event
  that  the corporation counsel is unable to give such representation, the
  city  of  New  York  shall  indemnify  the individual for any reasonable
  litigation expense incurred by him.
    * NB There are 2 § 917's