§ 2642-F — Special powers of the authority

New York § 2642-F

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 28-AA: Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2642-f. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, any railroad facility, wholly or\npartially within the counties of Chautauqua, Cattaraugus, Allegany and\nSteuben or any part thereof, or the use thereof, and may enter into any\njoint service arrangements as provided in this section. Any such\nacquisition or joint service arrangement shall be authorized only by\nresolution of the authority approved by not less than a majority of the\nwhole number of voting members of the authority. In addition to and not\nin limitation of any other power conferred upon the authority by the\nprovisions of this title, the authority is hereby empowered and\nauthorized in respect of any property and assets at any time owned or\nheld by, or under the jurisdiction of, the state, the Commonwealth, any\npolitical subdivision thereof, or any private or other public concern,\nto accept and receive any such interest therein as it may have been or\nmay hereafter be designated by the state, the Commonwealth, any\npolitical subdivision thereof, or any other public or private concern,\nby law or other lawful means to receive, and in respect thereof, except\nas otherwise provided by the designating statute or contractual\ninstrument, it shall have and exercise all of the powers and\njurisdiction herein conferred upon it in respect of any other property,\nrights, assets, facilities and projects in any other manner acquired or\nfrom any other source received by it pursuant to the provisions of this\ntitle.\n 2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such railroad facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including, but not limited to,\nany common carrier or freight forwarder or other private for-profit\nfirm, the state, the Commonwealth, any agency or the state or\nCommonwealth, the federal government, any other state or agency or\ninstrumentality thereof, any non-profit corporation, any public\nauthority of this or any other state or any political subdivision or\nmunicipality of the state. In connection with the operation of any such\nrailroad facility, the authority may establish, construct, effectuate,\noperate, maintain, renovate, improve, extend or repair or may provide by\ncontract, lease or other arrangement for the establishment,\nconstruction, effectuation, operation, maintenance, renovation,\nimprovement, extension or repair of any related services and activities\nit deems necessary, convenient or desirable, including, but not limited\nto, the transportation and storage of freight and the United States\nmail, feeder and connecting transportation, parking areas,\ntransportation centers, stations and related facilities.\n 3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\nrailroad facility and related services operated by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority.\n 4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any railroad facility and related\nservices operated by the authority or under contract, lease or other\narrangement, including joint service arrangements, with the authority.\n 5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities.\n 6. The authority, in its own name, may apply for and receive and\naccept grants of property, money and services and other assistance\noffered or made available to it by any person, government or agency\nwhich it may use to meet capital or operating expenses and for any other\nuse within the scope of its powers, and to negotiate for the same upon\nsuch terms and conditions as the authority may determine to be\nnecessary, convenient or desirable.\n 7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\nrailroad facilities, equipment or real property operated by or under\ncontract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations. The local laws,\nresolutions, ordinances, rules and regulations of a municipality or\npolitical subdivision in the state conflicting with this title or any\nrule or regulation of the authority, shall not be applicable to the\nactivities or operations of the authority, or the facilities of the\nauthority, except such facilities that are devoted to purposes other\nthan transportation purposes. The authority may agree with the New York\nstate department of transportation for the execution by such department\nof any grade crossing elimination project or any grade crossing\nseparation reconstruction project along any railroad facility operated\nby the authority or under contract, lease or other arrangement with the\nauthority. Any such project shall be executed as provided in article ten\nof the transportation law and the railroad law, respectively, and the\ncosts of any such project shall be borne as provided in such laws.\n