N.Y. Comp. Codes R. & Regs. tit. 9 § 1805.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1805.5 - Organization of Municipal Urban Renewal Agency

(a) In connection with the establishment of a Municipal Urban Renewal Agency, the following documentation shall be filed with the commissioner within four months after the effective date of the special act of the Legislature establishing such agency or as said act may otherwise provide:

(1) Three duplicate originals of "Certificate of Establishment of the Municipal Urban Renewal Agency" which shall set forth the following:

(i) the effective date of the special act establishing the agency;

(ii) the name of the agency;

(iii) the names of the members and their terms of office, specifying which member is the chairman;

(iv) facts establishing the need for the establishment of an agency in the municipality; and

(v) signed by the chief executive officer of the municipality.

(2) A certificate by the clerk of the municipality in duplicate, showing that a duplicate original "Certificate of Establishment of the Urban Renewal Agency" was filed in the office of the Secretary of State to which is attached a copy of the acknowledgment of the Secretary of State.

(3) A copy of the special act of the Legislature establishing the Municipal Urban Renewal Agency.

(4) Two certificates of incumbency of the Municipal Urban Renewal Agency members designated as such by the special act establishing same.

(5) Two duplicate originals of the certificate of appointment of each respective appointee certified by the clerk of the municipality that it is a duplicate of the original on file.

(6) Two certificates of designation of chairman if not specified in the special act establishing the Municipal Urban Renewal Agency.

(7) Two duplicate originals of the oath of office of each respective appointee to which is affixed the certificate of the administering official.

(8) Two certified copies of the concurring resolution of the governing body approving the respective appointments, if required by the special act.

(9) Two certified copies of "Resolution Designating Urban Renewal Agency to Carry Out Urban Renewal Functions", by the governing body, which resolution shall:

(i) designate the Municipal Urban Renewal Agency to carry out urban renewal functions as authorized by law;

(ii) delegate to the Municipal Urban Renewal Agency, such municipal powers as may by law be delegated to such agency and as are appropriate, necessary or desirable to carry out and effectuate the purposes and provisions of article 15 and article 15-A of the General Municipal Law of the State of New York;

(iii) consent to the use by the Municipal Urban Renewal Agency of the agents, employees and facilities of the municipality upon written agreement to pay a proportion of the compensation or costs attributable to such use;

(10) The submission should be accompanied:

(i) by a statement explaining how:

(a) the terms of the members were determined;

(b) the chairman was designated;

(ii) and by:

(a) certificate of the county clerk evidencing the filing of each respective oath of office, and

(b) certificate of clerk of the municipality evidencing the filing of each respective oath of office;

(iii) if a city or village has both a mayor and a manager, submit:

(a) two certified copies of applicable charter sections which recite the powers and duties of the mayor as well as of the city or village manager to show which is the chief executive officer, and

(b) opinion of local counsel stating which official is the chief executive officer of such municipality and the basis for his conclusion.

(b) The duration of a Municipal Urban Renewal Agency is perpetual, except that if

(1) the certificate of establishment of a Municipal Urban Renewal Agency is not filed with and approved by the commissioner within six months after the effective date of the special act of the Legislature or as said act may otherwise provide, or

(2) at the expiration of 10 years subsequent to the effective date of the special act, there are outstanding no bonds or other obligations theretofore issued by such agency or by the municipality for or on behalf of the agency then the corporate existence of such agency shall thereupon terminate and shall be deemed to be and shall be dissolved.

(c) Changes in the special act, organization or membership of a Municipal Urban Renewal Agency shall be filed in the same manner within a reasonable time but not later than 20 days after the occurrence of such change and shall include the following:

(1) Three duplicate originals, if required, of amendatory "Certificate of Establishment of the Municipal Urban Renewal Agency" which shall set forth the following:

(i) the effective date of the special act establishing the agency;

(ii) the name of the agency;

(iii) the names of the members and their terms of office, specifying which member is the chairman;

(iv) facts establishing the need for the establishment of an agency in such city, town or village.

(v) It is to be signed by the chief executive officer of a city or village or of the town board of a town.

(2) A certificate by the clerk of the municipality, in duplicate, showing that a duplicate original of amendatory "Certificate of Establishment of Urban Renewal Agency" was filed in the office of the Secretary of State to which is attached a copy of the acknowledgment of the Secretary of State.

(3) A copy of the amendatory special act of the Legislature establishing the Municipal Urban Renewal Agency.

(4) Two certificates of incumbency of the Municipal Urban Renewal Agency members designated as such by the amendatory special act establishing same.

(5) Two duplicate originals of the certificate of appointment of each respective appointee certified by the clerk of the municipality that it is a duplicate of the original on file.

(6) Two certificates of designation of chairman if not specified in the amendatory special act establishing the Municipal Urban Renewal Agency.

(7) Two duplicate originals of the oath of office of each respective appointee to which is affixed the certificate of the administering official.

(8) Two certified copies of the concurring resolution by the governing body approving the respective appointments, if required by the amendatory special act.

(9) The submission should be accompanied by:

(i) a statement explaining how:

(a) the terms of the members were determined;

(b) the chairman was designated;

(ii) and by a

(a) certificate of the county clerk evidencing the filing of each respective oath of office, and

(b) certificate of clerk of the municipality evidencing the filing of each respective oath of office.

(d) Two certified copies of the by-laws of the Municipal Urban Renewal Agency, as well as any charges [sic] therein, shall be furnished to the commissioner within a reasonable time after the adoption thereof but no later than 20 days after such adoption.

(e) Unless otherwise provided in the special act the appointing authority shall not appoint himself or itself or a member thereof as a member of the urban renewal agency.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1805.5