S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5200

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to deem the objects or purposes  for  which  certain  bonds  were
  issued  by  the  county of Erie to be the Erie canal harbor waterfront
  development; the purchase of vehicles and heavy equipment; and  bridge
  and  road  reconstruction  projects and authorizing the expenditure of
  the proceeds from such bonds for such objects or purposes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  It is hereby found and determined
that:
  (a) Pursuant to a bond resolution dated September 15, 2005, adopted by
the Erie county legislature of the county of Erie, (the "county legisla-
ture" and the "county", respectively) the county issued on December  28,
2005,  bonds  in  the  aggregate  principal  amount  of fourteen million
dollars ($14,000,000) to finance the cost of development including demo-
lition of existing structures, construction of  parking  ramp,  streets,
sidewalks,  installation  of  utilities, wharfing, dockage, landscaping,
pedestrian/bicycle trail and amenities including seating, trash cans and
streetscapes in or around the Erie canal harbor.
  (b) The county legislature of the  county  has  adopted  a  resolution
stating  that the intended objects or purposes for which said bonds were
issued was partially completed with  the  use  of  said  bonds  and  the
remainder  will  be  carried  out  by  the Erie canal harbor development
corporation; and therefore pursuant to such resolution the county legis-
lature has requested the  enactment  of  special  state  legislation  to
authorize  the  expenditure of the seven million dollars ($7,000,000.00)
unexpended proceeds of such bonds for alternative  intended  objects  or
purposes.
  S  2.  Notwithstanding any other provision of law to the contrary, the
objects or purposes for which said bonds were issued are  hereby  deemed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07835-01-1
              

S. 5200                             2

to be Erie canal harbor waterfront development; the purchase of vehicles
and  heavy  equipment;  and bridge and road reconstruction projects. The
period of probable usefulness of such objects  and  purposes  is  hereby
determined  to  be  fifteen  years within the limitations of subdivision
ninety-one of paragraph a of section 11.00 of the local finance law, and
the expenditure of the seven million dollars ($7,000,000.00)  unexpended
proceeds  of  such  bonds for such objects or purposes is hereby author-
ized, validated, confirmed and ratified.
  S 3. If any clause, sentence, paragraph, section or part of  this  act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect,  impair,  or  invalidate  the  remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section, or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 4. This act shall take effect immediately.