NY Pub Auth L § 2306 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 15 - Auburn Industrial Development Authority 2306 - Purpose and Powers of the Authority.

§  2306.  Purpose  and  powers  of  the authority. The purposes of the   authority shall be to promote, develop,  encourage  and  assist  in  the   acquiring,   constructing,   reconstructing,   improving,   maintaining,   equipping   and   furnishing   industrial,   manufacturing,   warehouse,   commercial  and  research facilities and facilities for use by a federal   agency or a medical  facility  including  industrial  pollution  control   facilities,  which  may  include transportation facilities including but   not limited to those relating to water, highway, rail and air, in one or   more areas of the city,  and  thereby  advance  the  job  opportunities,   health,  general  prosperity  and economic welfare of the people of said   city and to improve their medical care and standard of living; provided,   however, that the authority shall  not  undertake  any  project  if  the   completion  thereof  would  result  in  the  removal of an industrial or   manufacturing plant of the project occupant from one area of  the  state   to  another area of the state or in abandonment of one or more plants or   facilities of the project applicant located within the state,  provided,   however,  that  neither  restriction  shall apply if the authority shall   determine on the basis of the application before it that the project  is   reasonably  necessary  to  discourage the project occupant from removing   such other plant or facility to a  location  outside  the  state  or  is   reasonably necessary to preserve the competitive position of the project   occupant in its respective industry. Except as otherwise provided for in   this section, no financial assistance of the authority shall be provided   in  respect  of  any  project  where  facilities  or  property  that are   primarily used in making retail sales to customers who personally  visit   such  facilities  constitute  more  than  one-third of the total project   cost. For the purposes of this article, "retail sales" shall  mean:  (i)   sales  by  a registered vendor under article twenty-eight of the tax law   primarily engaged in the retail sale of tangible personal  property,  as   defined  in  subparagraph  (i)  of  paragraph four of subdivision (b) of   section eleven hundred one of the tax law; or (ii) sales of a service to   such customers. Except, however, that tourism destination projects shall   not be prohibited by this paragraph. For the purpose of this  paragraph,   "tourism  destination" shall mean a location or facility which is likely   to attract a significant number of visitors from  outside  the  economic   development  region  as established by section two hundred thirty of the   economic development law, in which the project is located.Notwithstanding the provisions of this section to the  contrary,  such   financial  assistance  may,  however,  be  provided  to  a project where   facilities or property that are primarily used in making retail sales of   goods or services to customers who personally visit such  facilities  to   obtain  such  goods  or  services  constitute more than one-third of the   total project cost, where: (i) the predominant purpose  of  the  project   would  be  to  make available goods or services which would not, but for   the project, be reasonably accessible to the residents of  the  city  of   Auburn   because  of  a  lack  of  reasonably  accessible  retail  trade   facilities offering such goods or  services;  or  (ii)  the  project  is   located in a highly distressed area. With respect to projects authorized   pursuant  to  this  paragraph  no  project  shall be approved unless the   authority shall find  after  the  public  hearing  required  by  section   twenty-three  hundred  seven  of this title that undertaking the project   will serve the public purposes of this article by preserving  permanent,   private  sector  jobs  or  increasing  the  overall number of permanent,   private sector jobs in the state.  Where  the  authority  makes  such  a   finding,  prior  to providing financial assistance to the project by the   authority, the chief executive officer  of  the  city  of  Auburn  shall   confirm the proposed action of the authority. To carry out said purpose,   the authority shall have power: 1. To sue and be sued;2. To have a seal and alter the same at pleasure;3. To acquire, hold and dispose of personal property for its corporate   purpose;4.  To  acquire  by  purchase,  grant,  lease,  gift, condemnation, or   otherwise and to use, real  property  or  rights  or  easements  therein   necessary  for  its  corporate  purposes, and to sell, convey, mortgage,   lease, pledge, exchange or otherwise dispose of  any  such  property  in   such  manner  as  the  authority  shall  determine. With respect to real   property conveyed to it by the city, however, such power of  disposition   shall be limited as hereinafter provided in section twenty-three hundred   ten of this title;5.  To  make  by-laws for the management and regulation of its affairs   and, subject to agreements with its bondholders, for the  regulation  of   the use of the project.6.  With  the  consent  of  the  city,  to  use  agents, employees and   facilities of the city, paying the city its  agreed  proportion  of  the   compensation or costs.7.  To  appoint  officers,  agents  and  employees, to prescribe their   qualifications and to fix their compensation and to pay the same out  of   funds of the authority, subject, however, to the provisions of the civil   service  law  hereinafter provided in section twenty-three hundred eight   of this title;8. To retain and employ  financial  advisors,  engineers,  architects,   attorneys   and   other   consultants  for  professional  and  technical   assistance and advice; that an attorney acting as  bond  counsel  for  a   project  must  file  with the authority a written statement in which the   attorney identifies each party to the transaction  which  such  attorney   represents.  If  bond counsel provides any legal services to the parties   other than the authority, the written statement must describe the nature   of legal services provided by such bond counsel to all  parties  to  the   transaction,  including  the  nature  of  the  services  provided to the   authority;9. To make contracts and leases upon such terms as the authority shall   deem appropriate, including without limitation leases  which  grant  the   tenant  of  a  project  an  option to renew or an option to purchase the   project, or both, at a fixed or otherwise predetermined  price,  and  to   execute all instruments necessary or convenient;10.  To  acquire,  construct,  reconstruct,  lease, improve, maintain,   equip or furnish one or more projects;11. To accept gifts, grants, loans or contributions  from,  and  enter   into  contracts  or  other  transactions with, the United States and the   state or any agency of either of them, any municipality, any  public  or   private  corporation  or  any  other  legal  entity, and to use any such   gifts, grants, loans or contributions for any of its corporate purposes;12. To borrow money and to issue bonds and to provide for  the  rights   of the holders thereof;13. To designate the depositories of its money in the city of Auburn.14. To enter into agreements requiring payments in lieu of taxes. Such   agreements  shall  be  in  writing  and in addition to other terms shall   contain: the amount due annually to each affected tax jurisdiction (or a   formula by which the amount due can be calculated), the name and address   of the person, office or agency to which payment shall be delivered, the   date on which the payment shall be made, and the date on  which  payment   shall  be  considered delinquent if not paid. Unless otherwise agreed by   the affected tax jurisdictions, any such agreement  shall  provide  that   payments  in  lieu  of  taxes  shall  be  allocated  among  affected tax   jurisdictions in proportion to the amount of real property tax and other    taxes which would have been received by each affected  tax  jurisdiction   had  the  project  not  been  tax exempt due to the status of the agency   involved in the project. A copy of any such agreement shall be delivered   to  each  tax  affected  jurisdiction within fifteen days of signing the   agreement. In the absence of any such  written  agreement,  payments  in   lieu  of  taxes  shall  be allocated in the same proportions as they had   been prior to January first, nineteen hundred ninety-three for  so  long   as  the  authority's activities render a project non-taxable by affected   tax jurisdictions.15. To establish and reestablish its fiscal year; and16. To do all things necessary or convenient to carry out its purposes   and exercise the powers expressly given in this title.