[HISTORY: Adopted by the Common Council of the City of Oneida as indicated in article histories. Amendments noted where applicable.]
Article I Conveyance of Property to Madison County Industrial Development Agency
[Adopted 9-4-2012 by L.L. No. 3-2012]
The Common Council of the City of Oneida hereby declares it to be a policy of the Common Council to protect, promote and revitalize economic growth and commercial development within the City. To this same end, the stated mission of the Madison County Industrial Development Agency is to cultivate development throughout Madison County, New York, in order to generate and enhance the livelihood of area businesses, industries, communities, and citizens, and enrich the overall quality of life. At the heart of the Agency's mission is the creation and retention of job opportunities, diversification and strengthening of Madison County's economic base, and developing the local economy in an organized, sustainable and environmentally beneficial manner. As a public benefit company, the Agency actively assists businesses by identifying appropriate properties, introducing businesses to local government and business leaders, and providing financial incentives. Because the mission and activities of the Agency are consistent with and complimentary to the goals and policy of the City, the purpose of this chapter shall be to facilitate the conveyance of real and personal property owned by the City for use by the Agency.
As used or referred to in this chapter, unless a different meaning clearly appears from the context:
- AFFECTED TAX JURISDICTION
- Any municipality or school district, in which a project is located, which will fail to receive real property tax payments, or other tax payments which would otherwise be due, except for the tax exempt status of the Agency involved in a project.
- The Madison County Industrial Development Agency.
- The City of Oneida.
- Any land in one or more areas of the City and within, partially within, outside or partially outside the City and any building, structure, facility or other improvement thereon, including but not limited to machinery and equipment and all real and personal property deemed necessary in connection therewith, whether or not now in existence or under construction, which shall be necessary or suitable for industrial, warehousing, research or commercial purposes, or for use by a federal agency or a medical facility and which may include or mean a civic facility; provided, however, that the Agency shall not provide financial assistance in respect of any project wholly or partially outside the City; provided, however, that the Agency may provide financial assistance for such a project where a portion of the project outside of the City is contiguous to a portion of the project located within the City if the Agency obtains the prior consent thereto by the governing body or bodies of all of the other towns or villages in which a part or parts of the project is, or is to be, located.
- PAYMENTS IN LIEU OF TAXES
- Any payment made to any agency or affected tax jurisdiction equal to the amount, or a portion, of real property taxes or other taxes which would have been levied by or on behalf of the affected tax jurisdiction if the project was not tax exempt by reason of Agency involvement.
The City may, by duly adopted resolution of the Common Council or by instruments authorized by such resolution, convey, with or without consideration, to the Agency real and personal property owned by the City for use by the Agency as a project. In case of real property so conveyed, the title thereto shall remain in the City, but the Agency shall have the use thereof for so long as its corporate existence shall continue and said real property shall be under its jurisdiction, control and supervision and exempt from all taxes and assessments, except such payments in lieu thereof as may be contained in such resolution or instrument of conveyance. However, such property may be sold, or auctioned for sale, by the Agency:
To the end that the City or any school district wherein a project or projects or a part thereof of the Agency are located may not suffer undue loss of taxes and local improvement assessments, the Agency, in connection with property owned or held by it within the City and such district, shall pay annually in lieu of taxes and local improvement assessments to the City or such school district such sum as may be mutually agreed between the Agency and the City or such school district as the case may be. The City and any such school district wherein a project or part thereof of the Agency is located is hereby authorized and empowered to enter into an agreement or agreements with the Agency to accept such payment or payments from the Agency. The sum so received by the City or any such school district shall be devoted to purposes to which taxes may be applied.
The City shall install streets and utilities in the area of the project and contract with the Agency with respect to the payments in lieu of local improvement assessments therefor, and the Agency shall so contract and make appropriate payments in accordance therewith.
In the event the Agency leases any of the real property conveyed to it by the City, a portion of the rental derived therefrom shall be allocated to the aforesaid payments in lieu of taxes and assessments and shall be paid over to the City or school district, as the case may be. The consent of the City or school district as to the method and amount of such allocation shall be appended to any such lease.