RESOLUTION NO. 150 of 2008 DATED: April 22, 2008

WHEREAS, on March 25, 2008 a proposed Local Law for the County of Montgomery entitled "A Local Law Which Authorizes the Making of Grants and Loans by Montgomery County to the Montgomery County Industrial Development Agency" was presented to the Board of Supervisors for consideration, and

WHEREAS, on March 25, 2008 Resolution 127 of 2008 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 22nd day of April, 2008 at the time and place appointed, and

WHEREAS, said public hearing has been held.

RESOLVED, that Local Law #3 of 2008 (formerly known as Introductory Local Law # 5) entitled "A Local Law Which Authorizes the Making of Grants and Loans by Montgomery County, NY to the Montgomery County Industrial Development Agency" hereby is adopted and is incorporated  as follows:

A Local Law Which Authorizes the Making of Grants and Loans by Montgomery County, NY to the Montgomery County Industrial Development Agency

BE IT ENACTED by the Board of Supervisors of Montgomery County, New York, as follows:

Section 1. Intent and Purpose. It is declared to be the intent and purpose of this local law to enable Montgomery County, New York (the “County”), as one of its public, governmental or municipal purposes, to promote, create, develop or expand business, commerce, industry or job opportunities within the corporate limits of Montgomery County in order to benefit the inhabitants thereof.

Section 2. Public Purposes. The County shall have the power to appropriate funds of the County (including but not limited to funds derived by the County from payment in lieu of tax agreements entered into by Montgomery County Industrial Development Agency (the “Agency”)) for the purpose of making, and shall have the power to make, advances, loans, gifts, grants, subsidies or contributions to the Agency or the New York Empire State Development Corporation, or its designee (hereinafter referred to as the “State”) for any of the following objects or purposes, each of which is found and determined to be a public, governmental or municipal purpose of the County:

(A) construct, reconstruct, alter, improve or otherwise assist various facilities located within the corporate limits of the County in connection with any project undertaken by the Agency to create, improve or expand job or business opportunities or job or business training, or both, for persons within the corporate limits of the County as to whom such opportunities or training are lacking or inadequate;

(B) the planning and effectuation of any program, activity or project undertaken by the Agency to publicize the advantages of the County or the region in which the County is located; and

(C) the establishment, operation, maintenance and promotion by the Agency of
foreign trade zones located within the County.

Section 3. Procedure for Authorization. Each advance, loan, gift, grant, subsidy or contribution to be made by the County to the Agency or the State pursuant to this local law shall be conditioned upon approval by the Board of Supervisors of the terms and conditions of an agreement with the Agency or the
State for the making of such advance, loan, gift, grant, subsidy or contribution. Such approval shall be evidenced by a resolution adopted by the Board of Supervisors indicating its approval of such terms and conditions.

Section 4. Severability. If any section, clause or provision of this local law or the application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, clause or provision or application directly
involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances, and the Board of Supervisors hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid section, clause or provision been apparent.

Section 5. Inconsistent Enactments. All ordinances, local laws and parts thereof inconsistent with this local law are hereby repealed.

Section 6. Effective Date. This local law shall become effective upon the filing thereof in the Office of the Secretary of State of the State of New York, as provided for in the Municipal Home Rule Law.

, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

MOTION TO AMEND by Supervisor Dybas, seconded by Supervisor Walters, to strike in the RESOLVED clause Section Three and insert in its place:

"Section 3. Procedure for Authorization. Each advance, loan, gift, grant, subsidy or contribution to be made by the County to the Agency or the State pursuant to this local law shall be conditioned upon approval by the Board of Supervisors of the terms and conditions of an agreement with the Agency or the State for the making of such advance, loan, gift, grant, subsidy or contribution. Such approval shall be evidenced by a resolution adopted by no less than two-thirds vote of the Board of Supervisors indicating its approval of such terms and conditions."

, passed with Aye(1491).  Supervisor Quackenbush voted Nay.  Supervisor DiMezza was absent. (4/22/2008)

RESOLUTION ADOPTED with Aye(1491).  Supervisor Quackenbush voted Nay.  Supervisor DiMezza was absent. (4/22/2008)