NY Gen Mun L § 917-2 (2021)
2021 New York Laws GMU - General Municipal Article 18-A - Industrial Development Title 2 - Municipal Industrial Development Agencies 917*2 - 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 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.  (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 Agency expires per §§ 856 and 882   * NB There are 2 § 917's