This bill has been amended

Bill S7690-2013

Grants the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations

Grants the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations.

Details

Actions

  • May 29, 2014: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S7690

TITLE OF BILL: An act in relation to granting the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations

PURPOSE:

This bill would grant legal corporate status as not-for-profit corporations pursuant to section 1411 of the New York State Not-for-Profit Corporation Law to the Nyack Joint Fire District Local Development Corporation and the Nyack General Fire Protection Company, Inc., to authorize the transfer of title to the Park Street fire station from the Nyack General Fire Protection Company, Inc. to the Nyack Joint Fire District, in the Towns of Orangetown and Clarkstown and the Villages of Nyack, Upper Nyack, South Nyack and Upper Grandview in Rockland County (the "Nyack Joint Fire District"). In addition, this bill will legalize, validate and confirm certain prior actions by the Nyack LDCs, which were the subject of a critical report prepared by the Office of the State Comptroller in December, 2009.

SUMMARY OF PROVISIONS:

Section 1. (i) Grants legal corporate status to the Nyack Joint Fire District Local Development Corporation and the Nyack General fire Protection Company, Inc. (collectively, the Nyack LDCs"), as not-for-profit corporations pursuant to section 1411 of the Not-for-Profit Corporation Law, with the same rights powers and privileges of any corporation heretofore or hereafter incorporated under such section; (ii) legalizes, validates and confirms the transfer of several parcels of real property located on Park Street in the Village of Nyack and currently the site of the Park Street fire station from the Nyack Joint Fire District Local Development Corporation to the Nyack General Fire Protection Company, Inc. and the lease between the Nyack General Fire Protection Company, Inc. to the Nyack Joint Fire District, in the Towns of Orangetown and Clarkstown and the Villages of Nyack, Upper Nyack, South Nyack and Upper Grandview in Rockland County (the "Nyack Joint Fire District"); (iii) authorizes the sale of such parcels of real property by the Nyack General fire Protection Company, Inc. to the Nyack Joint Fire District, upon such terms and conditions and for such consideration as may be agreed upon; (iv) terminates the corporate existence of the Nyack LDCs upon such sale or conveyance and the satisfaction of all debts, obligations and liabilities by the Nyack LDCs and (v) passes to and vests in the Nyack Joint Fire District all of the rights and properties of the Nyack LDC then remaining.

Section 2. Effective date.

JUSTIFICATION:

The Nyack Joint Fire District presently leases a fire station located on Park Street in the Village of Nyack from the Nyack General fire Protection Company, Inc., a local development corporation. The Board of Fire Commissioners has determined that there are significant financial benefits to the taxpayers if the Nyack Joint Fire District

issues bonds to acquire the fire station and terminates the lease. In furtherance thereof, in December 2013, a proposition was approved by a majority of the voters of the Nyack Joint Fire District authorizing the issuance of bonds not to exceed $3,000,000 by the Nyack Joint Fire District to finance the acquisition of the fire station located on Park Street. In order to assure the validity of the transfer of title from the Nyack General Fire Protection Company, Inc. to the Nyack Joint Fire District and to resolve any other questions surrounding the legality of the actions taken by the Nyack General Fire Protection Company, Inc. and a second local development corporation formed for the express purpose of financing the construction of said fire station, the Nyack Joint Fire District is seeking this validating act.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7690 IN SENATE May 29, 2014 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT in relation to granting the Nyack joint fire district local development corporation and the Nyack general fire protection company, Inc. legal corporate status as not-for-profit corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law, general, special or local, the Nyack Joint Fire District Local Development Corpo- ration and Nyack General Fire Protection Company, Inc. (collectively, the "Nyack LDCs"), are hereby granted legal corporate status as not-for- profit corporations pursuant to section 1411 of the New York state not- for-profit corporation law, with the same rights, powers and privileges of any corporation heretofore or hereafter incorporated under such section. The transfer of several parcels of real property located on Park Street in the Village of Nyack and currently the site of the Park Street fire station from the Nyack Joint Fire District Local Development Corporation to the Nyack General Fire Protection Company, Inc. and any and all lease agreements between the Nyack General Fire Protection Company, Inc. to the Nyack Joint Fire District, in the Towns of Orange- town and Clarkstown and the Villages of Nyack, Upper Nyack, South Nyack and Upper Grandview in Rockland County (the "Nyack Joint Fire District"), are hereby legalized, validated and confirmed. The sale of such parcels of real property by the Nyack General Fire Protection Company, Inc. to the Nyack Joint Fire District, upon such terms and conditions and for such consideration as may be agreed upon, is hereby authorized. The corporate existence of the Nyack LDCs shall terminate upon such sale or conveyance of title to the Nyack Joint Fire District and the satisfaction of all debts, obligations and liabilities undertak- en or assumed by the Nyack LDCs related thereto. All of the rights and properties, both real and personal, of the Nyack LDCs then remaining shall pass to and vest in the Nyack Joint Fire District. S 2. This act shall take effect immediately.

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