[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.
AGENCY
The Madison County Industrial Development Agency.
PROJECT
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:
A. Under the payment or agreement to pay reasonable consideration to
the City or to the Agency according to the respective interests; and
B. Upon approval of the terms of such sale, or option for sale, by duly
adopted resolution of the Common Council.
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.