NY Gen Mun L § 970-N (2021)
2021 New York Laws GMU - General Municipal Article 18-C - Municipal Redevelopment Law 970-N - Joint Undertakings.

§  970-n.  Joint  undertakings.  Two  or  more  municipalities  may in combination jointly exercise  the  powers  granted  under  this  article pursuant to either subdivision (a) or (b) of this section.  (a)  (i)  The  legislative bodies of two or more municipalities acting separately may each by resolution designate the legislative body of  one of  the  municipalities  to  act  as  agent  for  all  of the interested municipalities.  (ii) If one agent is designated pursuant to this subdivision, it shall obtain the report and recommendation of  the  planning  agency  of  each municipality  on the redevelopment plan and its conformity to the master plan of each municipality before presenting the  redevelopment  plan  to the  legislative  body  of each municipality. In order for a preliminary plan to be adopted or for a redevelopment plan to be adopted or  amended approval  must be obtained by resolution of the legislative body of each municipality acting separately. The  legislative  body  which  has  been designated  as  agent,  the  municipality  which  such  legislative body represents and the planning agency of such  municipality  shall,  unless otherwise  provided  by  this section, exercise all other powers, duties and responsibilities for the purpose of redevelopment pursuant  to  this article in the same manner as if such municipality were acting alone.  (iii)  If  two  or  more  municipalities  jointly  exercise the powers granted under this subdivision  and  a  redevelopment  plan  as  adopted provides  for  the  allocation of real property tax revenues pursuant to section nine hundred seventy-o of this article the real  property  taxes of each municipality shall be allocated pursuant to such section.  (iv) If two or more municipalities jointly exercise the powers granted under  this  subdivision  and the redevelopment plan as adopted provides for the issuance  of  indebtedness  pursuant  to  section  nine  hundred seventy-o  of  this  article,  such  indebtedness shall either be issued jointly  by  the  municipalities  and  the  resolution  authorizing  the issuance  of  such indebtedness must be approved by the legislative body of each municipality acting separately or shall be issued by  resolution of the designated agent on behalf of the municipality it represents and, by   resolution   of  its  legislative  body,  each  municipality  shall irrevocably pledge the  revenues  allocated  pursuant  to  section  nine hundred  seventy-p of this article to the repayment of such indebtedness and any interest thereon.  (v) The joint exercise of powers authorized by this subdivision  shall be  permitted  only  for the purpose of redevelopment of an area located wholly within each municipality and within one or more school districts.  (b) (i) The legislature may by special act establish on behalf of  and for the benefit of more than one municipality, a municipal redevelopment authority  or  empower  an  existing public corporation to carry out the purposes and provisions of this article. Upon  the  establishment  of  a municipal   redevelopment   authority   the  legislative  body  of  each municipality shall file within one year after the effective date of such special act, in the office of the  secretary  of  state,  a  certificate setting  forth (1) the date of passage of such special act; (2) the name of the authority; and (3) the name or names of  the  member  or  members appointed  by  such  governing body and their terms of office. Each such certificate shall  be  accompanied  by  a  copy  of  the  intermunicipal agreement  under  which membership on the authority is apportioned among the sponsoring municipalities and a copy of the local law approving  the same.  Such  authority  shall  be deemed to be and shall be in existence upon  the  satisfactory  filing  and  receipt  of  the  certificate   or certificates   required  by  this  paragraph  and  shall  thereafter  be perpetual in duration.  (ii)  A  municipal  redevelopment  authority  shall  be  a   corporate governmental agency constituting a public benefit corporation. Except as otherwise provided by special act of the legislature, an authority shall consist  of  not  less  than five nor more than nine members. Membership shall  be  apportioned among the municipalities and participating school districts, and the manner of selection of a chairman  determined  by  an agreement  approved  by  local  law  by  each  such municipality, and by resolution of the board of education of each  school  district.  Members shall serve at the pleasure of the appointing authority, and each member shall  continue  to hold office until his successor is appointed and has qualified. The governing body of each municipality and  school  district shall  file  with the secretary of state a certificate of appointment or reappointment of any member appointed  or  reappointed  by  it.  Members shall  receive  no compensation for their services but shall be entitled to  reimbursement  of  the  necessary  expenses,   including   traveling expenses,  incurred in the discharge of their duties. No action shall be taken by an authority  except  pursuant  to  the  favorable  vote  of  a majority  of  the members then in office. Any one or more of the members of an authority may be an official or an employee of such  municipality. In  the event that an official or an employee of such municipality shall be appointed as a member of the agency, acceptance or retention of  such appointment  shall not be deemed a forfeiture of his municipal office or employment,  or  incompatible  therewith  or  affect   his   tenure   or compensation  in any way. The term of office of a member of an authority who is an official or an employee of such municipality when appointed as a member  thereof  by  special  act  of  the  legislature  creating  the authority shall terminate at the expiration of the term of his municipal office.  Upon  the  creation  of  an  authority,  from  time to time the governing  body  of  a  municipality  or  a  school  district,  may,  by resolution,  appropriate  sums  of  money  to defray the expenses of the authority.  (iii) Unless otherwise provided by this subdivision or by the  special act  of the legislature establishing a municipal redevelopment authority or empowering an existing public corporation to carry out  the  purposes and  provisions  of  this  article, such authority or public corporation shall  have  the  powers,  duties   and   responsibilities   granted   a municipality  and its legislative body pursuant to sections nine hundred seventy-d through nine hundred seventy-m of this article, as well as the authority to receive the taxes of each municipality and school  district allocated  and  paid  pursuant to section nine hundred seventy-p of this article. Such authority or public corporation shall have  the  power  to designate  survey areas and select project areas as provided by sections nine hundred seventy-d and nine hundred seventy-e of this article.  Such authority   or   public   corporation   shall   obtain  the  report  and recommendation of the planning agency of  each  municipality  or  school district on the redevelopment plan and its conformity to the master plan of   each   municipality  and  school  district  before  presenting  the redevelopment plan to the  legislative  body  of  each  municipality  or school  district. In order for a preliminary plan to be adopted or for a redevelopment plan to be adopted or amended approval must be obtained by resolution of the legislative body of each municipality and the board of education of each school district acting separately.  (iv) The authority or public corporation shall have the power to apply for and to accept any gifts or grants or loans of funds or  property  or financial  or  other  aid in any form from the federal government or any agency or instrumentality thereof, or from the state or  any  agency  or instrumentality  thereof or from any other source, for any or all of the  purposes specified in this  article,  and  to  comply,  subject  to  the provisions of this article, with the terms and conditions thereof.  (v)  (1)  An authority or public corporation shall have the powers and duties granted municipalities pursuant to section nine hundred seventy-o of this article to issue tax increment  bonds  and  tax  increment  bond anticipation notes. Such bonds and notes shall be bonds and notes of the authority   or   public  corporation  and  neither  the  state  nor  any municipality shall be liable on such bonds and notes and such bonds  and notes shall not be a debt of the state or of any municipality.  (2)  The  bonds  and  notes  of an authority or public corporation are hereby made securities in which all public officials and bodies  of  the state  and  all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies,  savings  banks  and  savings  associations,  including savings  and  loan  associations, investment companies and other persons carrying  on  a  banking  business,   and   administrators,   guardians, executors,   trustees  and  other  fiduciaries  and  all  other  persons whatsoever, who are now or may hereafter  be  authorized  to  invest  in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds and  notes  are  also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state  and all  municipalities  for  any purposes for which the deposit of bonds or other obligations of this state is now or hereafter may be authorized.  (3) The state does hereby pledge to and agree with the holders of  any bonds and notes issued by an authority or public corporation pursuant to this  article  that  the state will not alter or limit the rights hereby vested in the authority to fulfill the terms of any agreement made  with or  for the benefit of such holders, or in any way impair the rights and remedies of such holders, until the bonds or notes,  together  with  the interest  thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action  or  proceeding by  or  on  behalf  of  such  holders,  are fully met and discharged. An authority or public corporation is authorized to include this pledge and agreement of the state in any agreement with such holders.  (vi) Any bonds or notes  issued  pursuant  to  this  article  and  the interest  thereon as well as the revenues, moneys and all other property and activities of an authority or public  corporation  shall  be  exempt from  taxation for municipal and state purposes, except for transfer and estate taxes. The state hereby covenants with the  purchasers  and  with all  subsequent  holders and transferees of bonds issued by an authority or public corporation pursuant to this paragraph,  in  consideration  of the  acceptance  of  and  payment  for  the bonds, that the bonds of the authority or public corporation issued pursuant to  this  paragraph  and the  income  therefrom  and  all  revenues,  moneys,  and other property pledged to secure the payment of such bonds shall at all times  be  free from such taxes, except for transfer and estate taxes.  (vii) All moneys of an authority from whatever source derived shall be paid  to  the treasurer of an authority and shall be deposited forthwith in a bank or banks in the state designated by the authority. The  moneys in  such  accounts  shall  be  paid  out  on check of the treasurer upon requisition by the chairman of the authority or of such other officer or officers as the authority may authorize to make such  requisitions.  All deposits of such moneys shall be secured by obligations of or guaranteed by  the  United  States  or  of the state of a market value equal at all times to the amount on deposit and all banks  and  trust  companies  are authorized  to  give such security for such deposits. An authority shall have power, notwithstanding the provisions of this section, to  contract  with  the  holders of any bonds as to the custody, collection, security, investment and payment of any moneys of the authority or any moneys held in trust or otherwise for the payment of bonds or in any way  to  secure bonds.  Moneys held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of such moneys may  be  secured  in the  same  manner  as  moneys  of  an  authority and all banks and trust companies are authorized to give such security for such deposits.  (viii) No action or  proceeding  shall  be  prosecuted  or  maintained against  an  authority for personal injury or damage to real or personal property alleged to have been sustained by reason of the  negligence  or wrongful  act of the authority or any member, officer, agent or employee thereof, unless (1) notice of claim shall have been made and served upon the  authority  or  the  secretary  of  state  within  the  time   limit established  by  and in compliance with section fifty-e of this chapter, (2) it shall appear by and as an allegation in the complaint  or  moving papers  that at least thirty days have elapsed since the service of such notice and that the adjustment or payment thereof has been neglected  or refused,  and (3) the action or proceeding shall be commenced within one year and ninety days after the cause of action shall have accrued.