§ 2676-G — Special powers of the authority

New York § 2676-G

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 28-C: Albany County Pine Hills Land Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2676-g. Special powers of the authority. In order to effectuate the\npurpose of this title:\n 1. The authority may enter into any joint service arrangements as\nhereinafter provided.\n 2. The authority may, on such terms and conditions as the authority\nmay determine necessary, convenient, or desirable establish, construct,\neffectuate, operate, manage, maintain, renovate, improve, extend, or\nrepair any of the college of Saint Rose facilities, or may provide for\nsuch establishment, construction, effectuation, operation, management,\nmaintenance, renovation, improvement, extension, or repair by contract,\nlease, or other arrangement on such terms as the authority may deem\nnecessary, convenient, or desirable with the federal government, any\nstate or agency or instrumentality thereof, any person, or public\ncorporation. In connection with the operation of any such facilities,\nthe authority may establish, construct, effectuate, operate, manage,\nmaintain, renovate, improve, extend, or repair, or may provide by\ncontract, lease, or other arrangement for the establishment,\nconstruction, effectuation, operation, management, maintenance,\nrenovation, improvement, extension, or repair of any related services\nand activities it deems necessary, convenient, or desirable.\n 3. The authority may establish, fix, revise, levy, and collect or\ncause to be established, fixed, revised, levied, and collected and, in\nthe case of a joint service arrangement, join with others in the\nestablishment, fixing, revision, levy and collection of such rentals,\nrates, charges, concession fees and other fees as it may deem necessary,\nconvenient, or desirable for the use and operation of any of the college\nof Saint Rose facilities, and related services operated or managed by\nthe authority or under contract, lease, or other arrangement, including\njoint service arrangements, with the authority. Such rentals, rates,\ncharges, concession fees, or other fees shall be at least sufficient at\nall times in the judgment of the authority to establish and maintain the\noperations of the authority on a self-sustaining basis. Such operations\nshall be deemed to be on a self-sustaining basis as required by this\ntitle, when the authority is able to pay or fund or cause to be paid or\nfunded from revenues and any other funds actually available to the\nauthority: (a) the principal of, premium, if any, and the interest on\noutstanding bonds of the authority as the same shall become due and\npayable and any capital or debt service reserve therefor and, to the\nextent required by an agreement between the county and the authority,\nthe principal of and interest on any general obligations bonds, notes,\nor other evidence of indebtedness of the county issued for or allocable\nto any project of the authority as the same shall become due and payable\nand any reserves therefor; (b) the cost of administering, maintaining,\nrepairing and operating any project of the authority; (c) the cost of\nconstructing capital improvements thereto pursuant to any agreement\nbetween the county and the authority; (d) any liabilities incurred for\nor allocable to any project of the authority including any liabilities\nof the county assumed by the authority pursuant to any agreement between\nthe county and the authority, as the same become due and payable; (e)\nany requirements of any agreement including those relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected rentals, rates, charges, and fees and covenants respecting\nrates and debt service and earnings coverage ratios; (f) all other\nreasonable and necessary expenses of the authority; and (g) the cost of\nsuch additional projects as may be at the time of the effective date of\nthis title or thereafter authorized, by law and agreed to by the\nauthority.\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\nconduct, safety, and security of the public as it may deem necessary,\nconvenient, or desirable for the use, operation, and management of any\nproject and related services operated or managed by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority. Such rules and regulations governing\nthe conduct, safety, and security of the public shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law. In the case of any conflict between any such rule or\nregulation of the authority governing the conduct, safety, and security\nof the public and any local law, ordinance, rule, or regulation, such\nrule or regulation of the authority shall prevail.\n 5. The authority may do all things it deems necessary, convenient, or\ndesirable to manage, control, and direct the maintenance and operation\nof the college of Saint Rose facilities, equipment, or property operated\nby or under contract, lease, or other arrangement with the authority.\nExcept as agreed to pursuant to any agreement between the authority and\nany public corporation and except as hereinafter specially provided, no\nmunicipality except for the county, shall have jurisdiction over any\nfacilities of the authority or any of its activities or operations. The\nauthority shall provide for such facilities police, fire, and health\nprotection services.\n 6. The authority may accept unconditional grants of money or property\nfrom any municipality where the whole or any part of such municipality\nis served or is to be served by a facility operated by the authority.\nSuch grants of money or property shall be for the purpose of assisting\nthe authority in meeting its capital or operating expenses. The\nacceptance of any such grant shall not operate to make the authority an\nagency of the municipality making such grant.\n 7. In any instance where the county is required by law, with respect\nto any of the college of Saint Rose facilities, to conduct a public\nhearing in connection with a contract, lease, joint service arrangement,\ncharge, rental, or fee, the authority shall not enter into such\ncontract, lease, joint service arrangement, or establish, fix, revise,\nor levy any charge, rental, concession fee, or other fee unless and\nuntil the authority has held a public hearing at which interested\npersons have had an opportunity to be heard concerning the same,\nprovided, however, if the county has conducted a public hearing in\nconnection with such contract, lease, joint service agreement, charge,\nrental, or fee, the authority shall not be required to hold a public\nhearing. Notice of such public hearing shall be published by the\nauthority at least ten days before the date set therefor, in at least\none newspaper of general circulation in the county. Such notice shall\nset forth the date, time, and place of such hearing and shall include a\nbrief description of the matters to be considered at such meeting. At\nall such hearings, any interested persons shall have an opportunity to\nbe heard concerning the matters under consideration. Any decision of the\nauthority on matters considered at such public hearing shall be in\nwriting and be made available in the office of the authority for public\ninspection during regular office hours.\n