Bill S7690A-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

  • Sep 4, 2014: SIGNED CHAP.349
  • Aug 25, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading rules cal.504
  • Jun 19, 2014: substituted for a9974a
  • Jun 17, 2014: referred to local governments
  • Jun 17, 2014: DELIVERED TO ASSEMBLY
  • Jun 17, 2014: PASSED SENATE
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1356
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 7690A
  • Jun 10, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • May 29, 2014: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Gianaris
Ayes W/R (1): Perkins
Nays (1): Krueger
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S7690A

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 the New York State not-for-profit corporation law to the Nyack Joint Fire District Local Development Corporation (the "LDC") and the Nyack General Fire Protection Company, Inc. (the "Fire Co.") and to authorize the valid and legal transfer of title to the Park Street fire station from the Fire Co. 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 act will address and remedy certain prior actions by the LDC and the Fire Co., which were the subject of a 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., as not-for-profit corporations pursuant to the New York State not-for-profit corporation law; (ii) legalizes, validates, ratifies 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 LDC to the Fire Co. and the lease between the Fire Co. to the Nyack Joint Fire District; and (iii) authorizes the sale, without judicial intervention, of such parcels of real property by the Fire Co. to the Nyack Joint Fire District, upon such terms and conditions and for such consideration as have been agreed upon.

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. The lease by and between the Nyack General Fire Protection Company, Inc. and the Nyack Joint Fire District provides an option to purchase, at any time during the term of the lease, for a sum of one dollar ($1.00), plus payment of any and all mortgages, liens or other encumbrances of record against the property. The Board of Fire Commissioners has determined that there will be significant financial benefits to the taxpayers of the Nyack Joint Fire District if the Nyack Joint Fire District exercises the purchase option set forth in the lease because the debt service cost on bonds issued by the Nyack Joint Fire District to acquire the fire station will be substantially lower than the lease payments required to be made by the Nyack Joint Fire District pursuant to the terms of the lease. In furtherance thereof, in December 2013, a proposition for approval of a bond resolution was approved by a majority of the voters of the Nyack Joint Fire District authorizing the issuance of not to exceed $3 million in bonds of the Nyack Joint Fire District to finance the acquisition of the fire station located on Park Street.

In order (i) to assure the validity of the transfer of title from the Fire Co. to the Nyack Joint Fire District, (ii) to resolve any other questions surrounding the legality of the actions taken by the LDC and the Fire Co., formed for the express purpose of financing the construction of said fire station, and (iii) to eliminate the need for judicial intervention for said transfer of title, the Nyack Joint Fire District is seeking this special act.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7690--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. respectively are hereby granted legal corporate status as not-for-profit corporations pursuant to 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 law. Any and all transfers of title to the 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 existing lease agreements by and between the Nyack General Fire Protection Compa- ny, Inc. and 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"), are hereby legalized, validated, ratified and confirmed. Notwithstanding the provisions of the New York state not-for-profit corporation law, including, but not limited to, those provisions requiring judicial intervention for the disposition of all or substantially all of the assets of a not-for-profit corporation, 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 consid- eration as have been agreed upon in the existing lease agreement, is hereby authorized. The Fire District is hereby authorized to acquire said parcels of real property from the Nyack General Fire Protection Company, Inc. upon such terms and conditions and for such consideration as have been agreed upon in the existing lease agreement. S 2. This act shall take effect immediately.

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