New York Laws
Title 2 - Municipal Industrial Development Agencies
917*2 - New York City Industrial Development Agency.

(b) For the purpose of this section "city" means the city of New York.
(b-1) For the purposes of this section, "rail freight facility" shall
mean, but shall not be limited to, railroad rights-of-way, beds,
bridges, viaducts, tracks, switches and any other attendant structure,
facility, fixture or property necessary or appropriate for rail freight
transportation conducted in conjunction with industrial, commercial,
manufacturing, or warehousing operations solely for the purpose of
providing or improving freight rail service between an industrial or
commercial facility or group of such facilities in physical proximity to
one another and a main line railroad track, freight yard or other means
of connection to main line railroad facilities; provided, however, that
(i) with respect to any rail freight facility project the New York City
Industrial Development Agency shall be restricted solely to the
provision of financial assistance for such rail freight facility; (ii)
that the project may not include any main line track (except to the
extent that the project may include replacement of the amount of main
line track used for passenger and/or freight service required to provide
a suitable connection), any passenger facilities of any kind, or any
rights-of-way, bridges or viaducts used for any purpose other than the
rail transportation of freight from the industrial, commercial,
manufacturing or warehousing facility or facilities to be served by the
rail service to the main line track or other freight facility, provided,
however, that nothing herein shall prohibit the project from including
bridges or viaducts with separate provision for pedestrian traffic when
it is determined that a separate pedestrian walkway is necessary or
desirable for safety purposes; (iii) prior to undertaking the financing
of any rail freight facility the New York City Industrial Development
Agency shall submit a written description of such rail freight facility
project to the commissioner of transportation who shall, within thirty
days of receipt of such description, provide written comments on such
project to the New York City Industrial Development Agency; and (iv) the
New York City Industrial Development Agency shall not enter into any
contract for providing financial assistance to such rail freight
facility project until the earlier of either the date on which the New
York City Industrial Development Agency addresses the comments of the
commissioner of transportation to the satisfaction of such commissioner,
or, if such commissioner has not submitted written comments, forty-five
days after the New York City Industrial Development Authority submitted
the written project description required by paragraph (iii) of this
subdivision.
(c) For the benefit of the city and the inhabitants thereof an
industrial development agency, to be known as the New York City
Industrial Development Agency, is hereby established for the
accomplishment of any or all of the purposes specified in title one of
article eighteen-A of this chapter, except that it shall not have the
power to construct or rehabilitate any residential facility or housing
of any nature and kind whatsoever, nor shall it use any of its funds to

further the construction or rehabilitation of any residential facility
or housing of any nature and kind whatsoever. It shall constitute a body
corporate and politic, and be perpetual in duration. It shall only have
the powers and duties conferred by title one of article eighteen-A of
this chapter upon industrial development agencies as of January 1, 1973
except that it shall have the power to finance a rail freight facility
and it shall not have the power of condemnation. In the exercise of the
powers conferred upon such agency with respect to the acquisition of
real property by article eighteen-A of this chapter such agency shall be
limited to the geographical jurisdictional limits of the city.
(d) It shall be organized in a manner prescribed by and be subject to
the provisions of title one of article eighteen-A of this chapter,
except that its board shall consist of fifteen members. Among its
membership shall be the city comptroller, the city administrator of the
economic development administration, the corporation counsel of such
city and the chairman of the city planning commission of such city, each
of whom shall have the power to designate an alternate to represent them
at board meetings with all the rights and powers, including the right to
vote, reserved to all board members, provided that such designation be
in writing to the chairman of the board. Six of the remaining eleven
members shall be appointed by the mayor of such city upon consultation
with the economic development council, business and labor organizations
and elected officials and five shall be appointed by the mayor upon
designation by the borough improvement boards of such city, one member
from each borough.
(e) The Mayor shall designate the chairman of the board, who shall
serve at the pleasure of the Mayor.
(f) The terms of the directors first appointed by the Mayor, other
than the chairman of the board shall be as follows:
four shall serve for terms of one year each, two of whom shall have
been designated by the borough improvement boards;
three shall serve for terms of two years each, two of whom shall have
been designated by the borough improvements boards;
three shall serve for terms of three years each, one of whom shall
have been designated by the borough improvement boards; thereafter the
successors of all ten such directors shall serve for terms of three
years each. The Mayor shall fill any vacancy which may occur by reason
of death, resignation, or otherwise in a manner consistent with the
original appointment. Members may be removed by the Mayor for cause
after a hearing upon ten days' written notice. Such members shall
receive no compensation for their services but shall be entitled to the
necessary expenses, including traveling expenses, incurred in the
discharge of their duties.
(g) The chief executive officer of the agency shall be appointed by a
two-thirds vote of the board of directors.
(h) The agency, its members, officers, and employees, shall be subject
to article fourteen of the civil service law and for all such purposes
the agency shall be deemed the "public employer" and its members,
officers and employees shall be deemed "public employees"; provided,
however, that chapter fifty-four of the New York City Charter, chapter
fifty-four of the Administrative Code of the City of New York, and
executive order number fifty-two dated September twenty-ninth, nineteen
hundred sixty-seven, issued by the Mayor of the City, shall apply to the
agency, its members, officers and employees except that section eight of
said executive order shall not be applicable. The agency shall establish
general and special grievances as defined in chapter fifty-four of the
Administrative Code of the City except as otherwise provided in
collective bargaining agreements.
(i) The City shall have the power to make, or contract to make grants
or loans, including but not limited to grants or loans of money, to the
agency in such amounts, upon such terms and conditions and for such
period or periods of time as in the judgment of the City and the agency
are necessary or appropriate for the accomplishment of any of the
purposes of the agency.
(j) The city shall have the power to condemn property for transfer to
the New York City Industrial Development Agency under title one of
article eighteen-A of this chapter upon the request of two-thirds of the
members of the Board of Directors of the New York city industrial
development agency. No property shall be condemned on behalf of the
agency which is zoned "residential" as defined in the zoning resolution
of the city, or which is occupied in whole or in part as a dwelling or
residence.
(k) For the purpose of this section "governing body" as used in such
title one of article eighteen-A of this chapter shall mean the Mayor of
the City. Except as otherwise provided in this section, the agency, its
members, officers and employees, and its operations and activities shall
be governed by the provisions of title one of article eighteen-A of this
chapter.
(l) The city shall save harmless and indemnify any person who is
serving or has served as a director or officer or as employee of the New
York City Industrial Development Agency against any financial loss
arising out of or in connection with any claim, demand, suit or
judgment, based on a cause of action involving allegations that
pecuniary harm was sustained by any person as a result of any
transaction, act or omission to act of the Industrial Development Agency
or of any action or inaction or vote of any director, officer or
employee of such Agency unless such individual is found by a final
judicial determination not to have acted in good faith for a purpose he
reasonably believed to be in the best interests of the Agency or not to
have had reasonable cause to believe that his conduct was lawful.
Provided, however, that such individual must transmit to the corporation
counsel of the city of New York any notice of claim, summons or
complaint or other analogous paper served on him within ten days of its
receipt unless prevented from doing so by compelling circumstances. The
corporation counsel shall, without charge, represent any such individual
unless unable to do so by reason of conflict of interest. In the event
that the corporation counsel is unable to give such representation, the
city of New York shall indemnify the individual for any reasonable
litigation expense incurred by him.
* NB Agency expires per §§ 856 and 882
* NB There are 2 § 917's

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