§ 1299-E — General powers of the authority

New York § 1299-E

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11-A: Niagara Frontier Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1299-e. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n 4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations of the state or the United States government\nor obligations the principal and interest of which are guaranteed by the\nstate or the United States government; or in certificates of deposit of\nbanks or trust companies; or in bank or trust accounts of banks in this\nstate, secured by obligations of the United States or of the state of\nNew York of a market value equal at all times to the amount of the\ndeposit;\n 5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n 6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n 7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n 8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice; such counsel, auditors, engineers, and private consultants,\nofficers and employees may not be a member of the authority;\n 9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law. Notwithstanding any provisions of the civil\nservice law, no officer or employee of a subsidiary corporation, of the\nauthority, other than a public benefit subsidiary corporation, shall be\na public officer or a public employee;\n (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision;\n 10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n 11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n 12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n 12-a. By a certificate filed in its office, from time to time to\ndelegate to any member, officer or employee of the authority the power\nto conduct any investigation or hold any hearing which the authority is\nauthorized or required to conduct or to hold by any provision of this\ntitle; and the person so designated shall have all of the powers of the\nauthority in the conduct of such investigation or the holding of such\nhearing;\n 13. To appoint or designate one or more persons for the purpose of\nenforcing rules and regulations established by the authority, and to\ncompel the observance of law and order on the properties, facilities and\nimprovements of the authority for the protection and administration of\nsuch property, facilities and improvements, and the traveling public\nusing such facilities. Each person as and when so appointed or\ndesignated shall be known as (a) a "Niagara frontier transportation\nauthority security officer or patrolman" and shall be a peace officer as\nset forth in subdivision forty-five of section 2.10 of the criminal\nprocedure law, or a police officer within the purview of subdivision\nthirty-four of section 1.20 of the criminal procedure law or (b) a\n"ticket inspector" and shall not be a peace officer or a police officer\nbut, when so designated or appointed, shall be authorized to issue and\nserve appearance tickets pursuant to section 150.20 of the criminal\nprocedure law with respect to violations of rules and regulations so\nestablished.\n 13-a. To make application to the Foreign-Trade Zones Board established\nby the act of congress, approved June eighteenth, nineteen hundred\nthirty-four, entitled "An act to provide for the establishment,\noperation and maintenance of foreign trade zones in ports of entry of\nthe United States, to expedite and encourage foreign commerce, and for\nother purposes", for a grant to such authority of the privilege of\nestablishing, operating and maintaining a foreign-trade zone on premises\nlocated within the transportation district of the authority, pursuant to\nthe provisions of such act, and if such application be granted, to\naccept such grant and to establish, operate and maintain such zone in\naccordance with state and federal law; and to enter into contracts or\nleases covering all arrangements involving the establishment, operation\nand maintenance of such zones with and within the counties of Erie and\nNiagara which counties are hereby authorized to enter into contracts and\nleases with the authority subject to such rules and regulations as\npromulgated by federal authority.\n 14. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n