2023 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. A notification of the expiration  of  such  agreement
  shall  be  delivered to the affected tax jurisdiction two years prior to
  the expiration of such agreement and immediately upon early  termination
  of an agreement;
15. To establish and reestablish its fiscal year; and
16. To do all things necessary or convenient to carry out its purposes
  and exercise the powers expressly given in this title.