1-8. Notwithstanding the foregoing provisions of this section, with respect to plats approved by the planning board, the town board may adopt a resolution that sidewalks and/or water mains and/or sanitary sewers and/or storm drains and/or combined sewers required by the planning board pursuant to this section shall be constructed or installed at the expense of the town as authorized by articles three-A and twelve-C of this chapter or at the expense of an existing improvement district in which the plat is located. Such improvements may also be acquired without consideration by the town board on behalf of the town or an improvement district as authorized by articles three-A, twelve, twelve-A or twelve-C of this chapter. If an improvement district has not been created for the area in which the plat is located, the town board may establish or extend an improvement district as provided in this chapter or in any applicable special law for the purpose of constructing or installing or acquiring without consideration such improvements shown on the map of any plat as the town board may determine. The town board resolution shall require that the owner or owners of real property execute such contracts with the town as the town board may deem necessary for the purpose of ensuring that the expense of such construction or installation, including the cost of issuing obligations to raise moneys to pay the expense thereof and interest on such obligations, shall not be an undue burden upon the property deemed benefited by the improvements or of such improvement district or extension thereof as the case may be and may require the filing of surety bond, letter of credit or the deposit of cash or securities reasonably acceptable to the town board as to assure the performance of such contracts. Such surety bond shall be issued by a bond or surety company approved by the town board which shall also approve the form, terms, sufficiency and manner of execution. Such surety bond or letter of credit shall be of such term and contain such other provisions as such town board may reasonably determine to be necessary to insure the performance of such contracts. and § 2. This act shall take effect on the twentieth day after it shall have become a law, and shall apply to every plat filed thereafter such others as determined by resolution of the town board. CHAPTER 379 AN ACT to amend the civil practice law and rules, in relation to venue for trial of an action for forfeiture Became a law July 19, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision ten of section thirteen hundred eleven of the civil practice law and rules, as added by chapter six hundred sixty-nine of the laws of nineteen hundred eighty-four, is amended to read as follows: 10. The proper venue for trial of an action for forfeiture is: (a) In the case of an action for post-conviction forfeiture commenced after conviction, the county where the conviction occurred. (b) In all other cases, the county where a criminal prosecution could be commenced under article twenty of the criminal procedure law, or, in the case of an action commenced by the office of prosecution, special narcotics courts of the city of New York, under section one hundred seventy-seven-b of the judiciary law. § 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law AN ACT authorizing the CHAPTER 380 state university of New York to lease certain lands of the state university college at Potsdam Became a law July 19, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings. The legislature finds that a local development corporation has been formed through the joint efforts of the state university college at Potsdam, Clarkson university, the St. Lawrence county industrial development agency and the town and village of Potsdam to encourage and assist in economic development in the St. Lawrence county region. In aid of this goal, the local development corporation plans to create a high technology research and development park in the village of Potsdam, New York. The legislature finds that there is land in Potsdam under the jurisdiction of the state university of New York and not necessary to its future program needs, which is available for this purpose. The legislature finds that the development of this park would fulfill a necessary and desirable public purpose and would promote employment and educational opportunities in the region of the state university college at Potsdam. § 2. The trustees of the state university are hereby authorized to enter into a contract with a not-for-profit, local development corporation for the lease of the lands described in section three of this act. Such lease shall be made only for the lawful purposes of such local development corporation as provided in section one thousand four hundred eleven of the not-for-profit corporation law, including, but not limited to, the construction and operation of a high-technology research and development park. Any use of these lands for purposes other than those specified herein shall be grounds for termination of such lease. No such contract or lease shall provide for a fee simple conveyance of such land or for a leasehold term to exceed ninety-nine years. Any such contract or lease shall be approved by the attorney general as to form, the director of the budget and the comptroller of the state of New York. No more than nominal consideration for such contract or lease shall be required. § 3. The property herein authorized to be leased is generally described as all that parcel of real property with improvements thereon situate in the village of Potsdam, county of St. Lawrence, consisting of approximately 25.45 acres of land, being that parcel described in state university college at Potsdam, Map 3, title to which was vested in the name of the people of the state of New York on May 27, 1960, bounded as follows: beginning at a point in the center line of Main street where the same is intersected by the division line between property of Theobald on the north and property of Peck on the south; running thence north 70° 6' 48" east along said division line 906.05 feet to the division line between said property of Theobald and property of Perrin and Swerdlow; thence along said division line the following three courses and distances: (1) north 20° 31′ 22′′ west 1284.78 feet; (2) south 69° 29' 47" west 482.09 feet and (3) south 42° 15′ 36′′ west 516.58 feet to the center line of Main street; thence along said center line the following two courses and distances: (1) south 51° 28′ 50′′ east 86.35 feet and (2) south 19° 59′ 20′′ east 964.50 feet to the point or place of beginning. § 4. Insofar as the provisions of this act are inconsistent with the provisions of any other the provisions of this act shall be controlling. law, 5. This act shall take effect immediately, except that if no such contract or lease has been approved by the attorney general, the director of the budget, and comptroller of the state of New York within three years of the effective date hereof, this act shall expire. CHAPTER 381 AN ACT to amend the religious corporations law, in relation to the proper appellation of the Presbyterian Church (U. S. A.) Became a law July 19, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision five-a of section twelve of the religious corporations law, as amended by chapter four hundred eighty-nine of the laws of nineteen hundred sixty, is amended to read as follows: 5-a. The trustees of an incorporated Presbyterian church in connection with the [general assembly] General Assembly of the [United] Presbyterian church in the United States of America] Church (U.S.A.) shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent in writing of the particular Presbytery with which said church is connected. § 2. Subdivision six of section twelve of such law, as amended by chapter nine hundred fifty-six of the laws of nineteen hundred seventyone, is amended to read as follows: 6. The petition of the trustees of an incorporated Protestant Episcopal church or Roman Catholic church shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the trustees of an incorporated African Methodist Episcopal Zion church shall in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the trustees of an incorporated Presbyterian church in connection with the [general assembly] General Assembly of the [United] Presbyterian [church in the United States of America] Church (D.S.A.), shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the trustees of an incorporated United Methodist church shall, in addition to the matters required by article five of the not-for-profit corporation law to be set forth therein, set forth that this section has also been complied with. S 3. Subdivisions two, three and eight of section fifteen-a of such law, as added by chapter one hundred eight of the laws of nineteen hundred sixty-five, are amended to read as follows: 2. Such agreement must be authorized and approved by a majority vote of the members of each contracting presbytery taken at a meeting at which a quorum is present duly called in accordance with the form of government of the [United] Presbyterian Church [in the United States of America] (U.S.A.) and the notice of such meeting shall state the purpose of_the_meeting. 3. Before such agreement is approved as aforesaid, such consolidation must be directed and approved by the Synod of the [State of New York] Northeast and the General Assembly of the [United] Presbyterian Church [in the United States of America] (U.S.A.). 8. Such consolidated presbytery shall have all the powers and responsibilities conferred upon presbyteries by the constitution and form of government of the [United] Presbyterian Church [in the United States of America] (U.S.A.). § 4. Paragraph (d) of subdivision two and subdivisions four, five and eleven of section fifteen-b of such law, as added by chapter six hundred ten of the laws of nineteen hundred seventy-four, are amended to read as follows: (d) "Synod" means a foreign or domestic religious corporation formed by the Presbyterian [Church] church that consists of ministers and ruling elders of not fewer than three presbyteries within a specified geographical region. 4. Such agreement must be authorized and approved by a two-thirds vote of the board of trustees or governing body of each domestic synod and in the case of a foreign religious synod by such vote or approval as EXPLANATION-Matter in italics is new; matter in brackets [] is old law required by the laws of the jurisdiction under which it is incorporated at a meeting where a quorum is present, duly called in accordance with the form of government of the [United] Presbyterian Church [in the United States of America] (U.S.A.), and the notice of such meeting shall state the purpose of the meeting. 5. Before such [agreemnt] agreement is approved as aforesaid, such consolidation or merger must be directed and approved by the General Assembly of the [United] Presbyterian Church [in the United States of America] (U.S.A.). 11. Such consolidated or merged synod shall have all the powers and responsibilities conferred upon synods by the constitution and form of of the [United] Presbyterian Church [in the United States of America] (U.S.A.). § 5. Section sixteen of such law, as amended by chapter nine hundred of the laws of nineteen hundred seventy-two, is amended to read as follows: § 16. Property of extinct churches. Such incorporated governing body may decide that a church, parish or society in connection with it or over which it has ecclesiastical jurisdiction, has become extinct, if it has failed for two consecutive years next prior thereto, to maintain religious service according to the discipline, customs and usages of such governing body, or has had less than thirteen resident attending members paying annual pew rent, or making annual contributions towards its support, or in case of a United Methodist church, if such action have the consent of the presiding bishop and of a majority of the district superintendents of the annual conference and of the district board of church location and building of the district in which the action is contemplated, or in case of a parish of the Protestant Episcopal Church, if such parish has ceased for two consecutive years next prior thereto, to have a sufficient number of men qualified to elect or to serve as wardens and vestrymen therein, and may take possession of the temporalities and property belonging to such church, parish or religious society, and manage the same; or may, in pursuance of the provisions of law relating to the disposition of real property by religious corporations, sell or dispose of the same and apply the proceeds thereof to any of the purposes to which the property of such governing religious body is devoted, and it shall not divert such property to any other object. And for the purpose of obtaining a record title to the land and the church edifice, or other buildings thereon, thereon, by such incorporated governing body, the surviving trustee or trustees of said extinct church, or if there be no surviving trustee then a surviving member of said extinct church, may, without a consideration being paid therefor by such incorporated governing body, convey to it said land and church edifice, or other buildings thereon, subject, however, to an order of the supreme or county court based upon a petition reciting that said church has become extinct; the names of its surviving trustee or trustees, and the names of its members, who must have given their consent to the making of said conveyance. Upon the recital of said facts in said petition the court shall have jurisdiction to grant an order allowing said conveyance to be made without a consideration; and should there be no surviving, members, well as no surviving trustees of said extinct church, said petition may be made by an officer of such incorporated governing body, in which event the court, upon a recital of said fact, shall have jurisdiction to appoint a suitable person as trustee for the purpose of making said conveyance. And in case of a Reformed Church of America, Dutch Reformed Church, or Reformed Dutch Church in the United States of America or the United Reformed Dutch and Lutheran Church of America or a parish of the Protestant Episcopal Church, a Universalist Church or Society, an incorporated United Methodist Church, or an incorporated church of the United Church of Christ, or an incorporated Congregational Christian Church, should either of such surviving members or such surviving trustee of said extinct church refuse to act and sign said petition after request by an officer of said governing body of said last-named churches personally made by such officer, then said petition may be made by an officer of such incorporated governing body and in that event the court shall have jurisdiction and may appoint a suitable person as trustee for the purpose of making said conveyance. And in the case of said lastnamed Reformed churches, or of a parish of the Protestant Episcopal Church, a Universalist Church or Society, an incorporated United Methodist Church, or of an incorporated church of the United Church of Christ or of an incorporated Congregational Christian Church, the trustees of any such extinct church, the treasurer thereof or any person acting in as either of said capacities may be required to show cause before the supreme court at a special term thereof held in the judicial district in which said church shall be located why they should not be required to give an account of all moneys and property of said church which they shall have in their hands or under their control and in case of their failure to show such causes they be required to account before said court for all the properties and moneys of the said church which shall be in their hands or under their control, and after the payment of all the claims against such church, if any, and the expenses of such proceeding, if it shall further appear that none of such property in the hands of said persons is required for the further support or maintenance of said church, said money and proceeds thereof shall be directed to be paid and turned over to said governing religious body to apply to the purposes to which the property of such governing body is devoted. An application or such order to show cause shall be made by a verified petition, which petition may be made by said governing body of said church or any officer thereof. Where a proceeding is instituted under this section for the sale of the real property of an extinct religious corporation, a compliance with paragraphs five, six, seven and eight of section five hundred eleven of the not-for-profit corporation law shall be unnecessary, and such proceedings shall be in all respects valid without a compliance with said subdivisions. Any gift, legacy, devise, annuity, or other benefit to a United Methodist Church that accrues or becomes available after said church has become extinct shall be and become the property of the trustees of the annual conference within whose jurisdiction the said extinct church was located. Any gift, legacy, devise, annuity or other benefit to a Universalist Church or Society that accrues or becomes available after said church or society has become extinct shall be and become the property of the New York State Convention of Universalists, as the governing religious body of every active, extinct or disbanded Universalist church or society within the bounds of the State of New York. The New York Conference of the United Church of Christ, Inc. shall be deemed the governing religious body of every extinct or disbanded church of the United Church of Christ and of any extinct or disbanded Congregational Christian Church which is a member of the New York Conference of the United Church of Christ, Inc. within the meaning of this section. The provisions of this section shall not apply to any Presbyterian [Church] church in connection with the [general assembly] General Assembly of the [United] Presbyterian Church [in the United States of America] (U.S.A.). § 6. Section seventeen-b of such law, as amended by chapter fiftythree of the laws of nineteen hundred sixty-two, is amended to read as follows: § 17-b. Property of extinct Presbyterian churches in connection with the General Assembly of the [United] Presbyterian Church [in the United States of America] (U.S.A.). Whenever the presbytery having jurisdiction over a particular church in connection with the General Assembly of the [United] Presbyterian Church [in the United States of America] (U.S.A.) dissolves or declares extinct the particular church, upon petition by the presbytery to the supreme or county court and upon satisfactory proof of the facts leading to said dissolution, the court shall have jurisdiction to grant an order to the effect that all property of whatever kind which may have belonged to, or have been held by, said church shall vest in the presbytery of jurisdiction in as full and ample a manner as the same shall theretofore have been vested in the church so declared to be dissolved and extinct. The stated clerk of the [Presbytery] presbytery of jurisdiction shall record in the office of the county clerk, in which the church is located, a certified copy of the resolution of the presbytery declaring such church extinct and the court order transferring the title of the church property; and the recording of such a resolution and court order shall be proof of the vesting of the title of the real property of such church in the [Presbytery] presbytery of jurisdiction. $7 Sections sixty and sixty-one of such law, section sixty as amended by chapter four hundred eighty-nine of the laws of nineteen hundred sixty and section sixty-one as amended by chapter fifty-three of the laws of nineteen hundred sixty-two, are amended to read as follows: § 60. Application of this article. This article applies only to a Presbyterian church in connection with the [general assembly] General EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |