[Adopted 10-17-2006 by L.L. No. 56-2006 (Ch. 110, Art. II,
of the 1985 Code)]
A.
This Legislature hereby determines that a need exists within the
County of Suffolk to foster new business enterprises that promote
long-term economic development.
B.
This Legislature further finds and determines that a WI-FI network
will promote individual achievement, provide jobs and an expanded
business base, strengthen neighborhoods, empower families, and support
local economies.
C.
This Legislature also finds that the establishment of a Suffolk County
local development corporation for a WI-FI network will give the County
an additional tool to spur economic growth and:
(1)
Provide outdoor Internet services to the residents of Long Island,
including local municipalities, schools, nonprofit organizations,
and other community organizations;
(2)
Ensure universal, affordable or free wireless broadband access throughout
Long Island;
(3)
Stimulate economic development throughout Long Island through the
availability of wireless Internet access;
(4)
Improve services provided by local governments;
(5)
Enhance educational services; and
(6)
Encourage competition by introducing an alternative method for broadband
service.
D.
Therefore, the purpose of this article is to create a Suffolk County
local development corporation for the creation and implementation
of a WI-FI network in Suffolk County.
The County Executive and/or his designee(s) are hereby authorized,
empowered and directed to take all steps necessary to create and cause
the incorporation of a not-for-profit Wireless Suffolk County Local
Development Corporation (WSCLDC) in compliance with § 1411
of the New York Not-For-Profit Corporation Law.
A.
The WSCLDC shall be established for the following public purposes
of creating, forming, and establishing a local development corporation
to:
(1)
Relieve and reduce unemployment;
(2)
Promote and provide for additional and maximum employment;
(3)
Promote, foster and maintain job opportunities;
(4)
Carry on scientific research for the purpose of aiding Suffolk County
by attracting new industry, broadband and wireless Internet access
service providers to the community;
(5)
Encourage the development and retention of industry, broadband and
wireless Internet access services in Suffolk County;
(6)
Advocate for expansion of business opportunities for the benefit
of the community;
(7)
Develop, advance and stimulate business and commercial interests
in Suffolk County;
(8)
Hold, conduct and organize meetings, discussions and forums to consider
community opinion on broadband and wireless Internet access;
(9)
Aid, assist, cooperate, and cosponsor organizations and groups on
civic and other programs to improve and promote business opportunities
in the Suffolk County community;
(10)
Construct, acquire, rehabilitate and improve for use by others,
industrial and manufacturing plants in the County;
(11)
Assist manufacturing plants in the County for use by others;
(12)
Maintain industrial or manufacturing plants for others; and
(13)
Acquire by purchase, devise or otherwise, dispose of or encumber
any such plant or any of its real or personal property or any interest
therein.
B.
The lawful
public or quasi-public objective which the above business purpose
will achieve is to expand business growth in Suffolk County, thereby
creating employment for the unemployed members of the community.
C.
In furtherance of its corporate purposes, the corporation shall have
all the general powers enumerated in §§ 202 and 1411
of the Not-For-Profit Corporation Law, together with the power to
solicit grants and contributions for the corporate purposes.
A.
In order
to achieve its purposes, the WSCLDC shall have the power to:
(1)
Construct, acquire, rehabilitate and improve for use by others industrial
and manufacturing plants in the County;
(2)
Assist financially in the construction, acquisition, rehabilitation
or improvement of industrial or manufacturing plants in the County
for use by others;
(3)
Maintain industrial or manufacturing plants for others;
(4)
Acquire, by purchase, lease, gift, bequest, devise or otherwise,
real or personal property or interests therein;
(5)
Borrow money and issue negotiable bonds, notes and obligations therefor,
secured only by the full faith and credit of the WSCLDC; and
(6)
Sell, lease, mortgage or otherwise dispose of or encumber any such
plant or any of its real or personal property or any interest therein.
B.
The WSCLDC
shall be established for the purposes described herein and may exercise
all powers authorized by § 1411 of the New York Not-For-Profit
Corporation Law that are necessary to fulfill its corporate purpose
as set forth in its certificate of incorporation, including, but not
limited to, the power to purchase or lease real property owned by
the County.
The County Legislature may by resolution determine that specifically
described real property owned by the County is not required for use
by the County and authorize the County to sell or lease such real
property to the WSCLDC, provided that a public hearing is held prior
to such authorization being granted and that title to such land may
not be declared inalienable as a forest preserve or a parkland. Notwithstanding
the provisions of any general, special or local law, charter or ordinance
to the contrary, such sale or lease may be made:
A.
Without appraisal.
B.
Without public notice (with the exception of a public hearing held
by the Legislature to consider the proposed sale) or public bidding
for such price or rental and upon such terms as may be agreed upon
between the County and the WSCLDC; provided, however, that in case
of a lease the term may not exceed 99 years.
In addition to the requirements set forth in § 402
of the New York Not-For-Profit Corporation Law for certificates of
incorporation, the certificate of incorporation of the WSCLDC shall
state:
A.
That all income and earnings of the WSCLDC shall be used exclusively
for its corporate purposes or accrue and be paid to the New York Job
Development Authority;
B.
That no part of the income or earnings of the WSCLDC shall inure
to the benefit or profit of, nor shall any distribution of its property
or assets be made to, any member or private person, corporate or individual,
or any other private interest, except that the certificate of incorporation
may authorize the repayment of loans and may also authorize the repayment
of contributions (other than dues) to the WSCLDC, but only if and
to the extent that any such contribution may not be allowable as a
deduction in computing taxable income under the Internal Revenue Code
of 1954;
C.
That if the WSCLDC accepts a mortgage loan or loans from the New
York Job Development Authority, the WSCLDC shall be dissolved in accordance
with the provisions of New York Not-For-Profit Corporation Law § 1411,
Subdivision (g), upon the repayment or other discharge in full by
the WSCLDC of all such loans; and
D.
The duration of the WSCLDC shall be for a period of 40 years as measured
from the date of incorporation.
[Amended 8-21-2007 by L.L. No. 26-2007]
[Amended 8-21-2007 by L.L. No. 26-2007]
The WSCLDC shall have five Directors appointed as follows:
A.
Three Directors shall be appointed by the County Legislature as follows:
(1)
One Director shall be appointed by the Presiding Officer of the Suffolk
County Legislature for a term of three years.
(2)
One Director shall be jointly appointed by the Presiding Officer
of the Suffolk County Legislature and the Suffolk County Executive
for a term of three years.
(3)
One Director shall be appointed by the Minority Leader of the County
Legislature for a term of three years, measured by the political party
having the second highest number of Suffolk County Legislators affiliated
with said party.
B.
Two Directors shall be appointed by the Suffolk County Executive
for terms of three years.
The WSCLDC shall be a Type C corporation whose income and operations
shall be tax exempt.
The Suffolk County Department of Information Technology shall
assist the WSCLDC in implementing and carrying out the policies and
programs approved by the WSCLDC's Board of Directors.
This article shall apply to any actions occurring on or after
the effective date of this article.
