§ 578 — Powers of the authority

New York § 578

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 4: Thousand Islands Bridge Authority
• Art. 3: Bridge and Tunnel Authorities

Text

§ 578. Powers of the authority. The authority shall have power and is\nhereby authorized:\n 1. To sue and be sued in courts of general jurisdiction, whether\nfederal, state, or foreign, including but not limited to the supreme\ncourt of the state of New York;\n 2. To have a seal and alter the same as its pleasure;\n 3. To acquire real property or rights or easements therein by\ncondemnation, pursuant to the condemnation law, and to acquire,\npurchase, hold, dispose of and use any real or personal property or any\ninterest therein necessary, convenient or desirable to carry out any\npurpose described in this title and to sell, at public or private sale,\nconvey, transfer, assign and dispose of any property or interest therein\nat any time required by it in the exercise of its powers or when it may\ndetermine it no longer needs the same for its corporate purposes, upon\nsuch terms and for such consideration, if any, as it shall deem fit;\n 4. To lease, as lessor or as lessee, any real or personal property or\nany interest therein for any purposes consistent with any purposes\ndescribed in this title or with the appropriate use of the authority's\nfacilities or with the convenience of the public using such facilities,\nupon such terms and for such consideration, if any, as it shall deem\nfit, provided, however, that no lease shall be made for a term of more\nthan ten years, including all renewal options, without the prior express\nand formal approval and consent of the supervisors;\n 5. To make by-laws for the management and regulation of its affairs,\nand to establish and change a fiscal year for its operations and\nfinancial reporting purposes;\n 6. To determine as matters of policy what courses of action are in the\nbest interests of any bridge complex or other authorized purpose and to\npursue the same;\n 7. To appoint and remove such officers, agents and employees as it may\nrequire for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation and to retain or employ\nand discharge counsel, auditors, engineers, architects and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice. To establish a practicable merit\nsystem for the appointment and promotion of its employees. Neither the\nauthority nor any of its officers, employees, or agents shall be subject\nto the provisions of the civil service law nor be under the jurisdiction\nor subject to the rules of any civil service commission;\n 8. To use the agents, employees, facilities and equipment of the\ncounty or of any town or political subdivision within the county or of\nany board, agency or department thereof, to the extent agreement\ntherefor may be reached with the appropriate governing body, and to pay\nsuch county, town or political subdivision its agreed proportion of the\ncompensation or costs;\n 9. To make contracts and agreements and to execute all instruments\nnecessary or convenient;\n 10. To construct, maintain, repair and operate the following bridges\nand approaches thereto and roads:\n One or more bridges across the easterly or American channel of the\nSaint Lawrence river at a point at or near Collins landing in the town\nof Orleans, in Jefferson county, New York, from the mainland to\nWellesley or Wells island.\n One or more bridges across the westerly or Canadian channel of the\nSaint Lawrence river at a point at or near Ivy Lea in the county of\nLeeds, in the province of Ontario, from the mainland to Hill island.\n One or more bridges across the International rift from a point on such\nWellesley or Wells island to such Hill island.\n One or more roads on such Wellesley or Wells island connecting any\nbridge across the American channel with any bridge across the\nInternational rift.\n One or more roads on such Hill island connecting any bridge across the\nCanadian channel with any bridge across the International rift.\n The approach roads connecting any of such bridges and tunnels with the\nstate highway system in New York and with the nearest highway in the\nprovince of Ontario.\n Any road connecting any of its facilities with any other or with any\nstate, county or town road, or any public highway, or any road providing\naccess for vehicles or pedestrians from one part of its real property to\nanother;\n 11. To construct and maintain over, under, along or across the bridges\nand roads hereby authorized, telephone, telegraph or electric wires and\ncables, gas mains, water mains, and other mechanical equipment not\ninconsistent with the appropriate use of the bridges and roads or such\nother facilities. To contract for such construction and maintenance and\nto lease the right to construct, maintain and/or use the same on such\nterms and for such consideration as it shall determine, provided,\nhowever, that no lease shall be made for a term of more than ten years,\nincluding all renewal option, without the prior express and formal\napproval and consent of the supervisors;\n 12. To construct and maintain such buildings, structures,\nimprovements, roads, parking and other facilities as may be necessary or\nconvenient, to contract for such construction and maintenance and to\nlease the right to construct, maintain and/or use such facilities on\nsuch terms and for such considerations as it shall determine, provided,\nhowever, that no lease shall be made for a term of more than ten years,\nincluding all renewal options, without the prior express and formal\napproval and consent of the supervisors;\n 13. To fix, charge and collect tolls for traffic across its bridges,\nsubject to any approval thereof or limitations or regulatory\nrestrictions thereto as required, fixed, or imposed by federal law of\neither the United States of America or Canada, which shall in the\nopinion of the authority be adequate to provide complete operation and\nmaintenance of all its facilities and programs, repay any indebtedness\nof the authority as scheduled and agreed, establish and fund reserves\nfor the repair, improvement or replacement of any or all of its\nfacilities or the construction of any new facility which it may be\nauthorized to construct under this title, or which shall accomplish as\nmany of the foregoing purposes as may be practicable, and at a level\nwhich shall not jeopardize or be unreasonably competitive with any other\nsimilar toll charging facilities within a radius of fifty miles of\nCollins Landing, New York;\n 14. To construct, maintain, repair and operate within the county one\nor more facilities for the performance or display of any medium of the\narts, including but not limited to concerts, plays, exhibitions, and any\nactivity which could reasonably contribute to the cultural improvement\nof the communities in the area of its influence;\n 15. To construct, maintain, repair and operate within the county one\nor more facilities for conventions, meetings, sporting events of all\nkinds, museums, any activity which could reasonably contribute to the\nattraction of tourists and recreational development and industrial and\ncommercial developments;\n 16. To cooperate with the Watertown airport commission, the city of\nWatertown, the county and any other agency or agencies to assist in the\nimprovement, enlargement, development, operation and promotion of the\nWatertown international airport as an essential transportation facility\nfor the county and the adjacent territory, and to agree with said city\nand county for the acquisition by the authority of such airport and to\noperate and manage such airport;\n 17. To cooperate with the county and the municipalities therein\nbordering on the Saint Lawrence river and on Lake Ontario and to assist\nin the study, development, operation and promotion of suitable port and\ndocking facilities on said river and lake within or bordering the county\nand the improvement of water-borne transportation, and to construct,\noperate and manage such port and docking facilities as it may determine\nto be in the public interest;\n 18. To make studies and surveys of the needs of the county for the\ndevelopment and improvement of its transportation facilities, whether by\nland, air or water and to report the results thereof and its\nrecommendations to the supervisors;\n 19. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n 20. To fix and collect any payments, fees and other charges for the\nuse of any facility under its control other than bridges;\n 21. To borrow money and issue its negotiable bonds and notes or other\nobligations for any of its corporate purposes and to provide for and\nsecure the payment thereof and to provide for the rights of the holders\nthereof, subject to any limitations or conditions imposed thereon as\nelsewhere in this title provided;\n 22. To put into effect and maintain fiduciary bonds on its members and\non any employee or agent who handles or controls money or assets of the\nauthority which could be embezzled or stolen, in such amounts as the\nauthority may deem reasonable or as requested by the county;\n 23. To put into effect and maintain insurance coverage protecting the\nauthority and its individual members from liability for errors and\nomissions or from any act other than a willful violation of law which\nconstitutes a crime;\n 24. To make payments to any domestic or foreign subdivision of\ngovernment in which any of its facilities are situated, whether in lieu\nof taxes or otherwise, in such amounts and at such times as the\nauthority may in its sole discretion determine, provided, however, that\nif the authority is at the time of reference operating both in the\ncounty and in the province of Ontario it shall endeavor in good faith to\nmake any such payments to Canadian political subdivisions or\nmunicipalities and those to the county or subdivisions or municipalities\nof such county in proportion to its income generated in such different\njurisdictions, as nearly as practicable, after taking into account any\ntaxes which are required to be paid and any services or facilities which\nare required to be or are supplied for less than full payment;\n 25. To engage in such advertising and promotion of the bridges, bridge\ncomplex, and of the areas adjacent thereto and within a radius of fifty\nmiles thereof, and of such of its other authorized purposes, as it in\nits sole discretion shall determine. Such promotion shall be deemed to\ninclude but not be limited to the promotion of tourism in the county and\nthe southern portion of the province of Ontario, Canada, including the\nFront of Leeds and Lansdowne;\n 26. To cooperate and participate in or to initiate any public\npromotions, parades, special events, area promotions, historical\npageants, and the like held within fifty miles of Collins Landing, New\nYork;\n 27. To invest any funds held in reserve or sinking funds, or any\nmoneys not required for immediate use or disbursement, at the discretion\nof the authority in (a) obligations of the state or the United States\ngovernment, or any political subdivision, agency and instrumentality of\neither; (b) obligations of the province of Ontario or of the federal\ngovernment of Canada, or any political subdivision or agency and\ninstrumentality of either, (c) obligations the principal and interest of\nwhich are guaranteed by the state or the United States government, or by\nthe province of Ontario or the federal government of Canada, (d)\ncertificates of deposit of banks or trust companies in this state or in\nthe province of Ontario secured, if the authority shall so require, by\nobligations described in (a), (b), or (c) above or other marketable\nsecurities eligible as security for the deposit of trust funds under\nregulations of the Board of Governors of the Federal Reserve System with\na market value equal at all times to the amount on deposit;\n 28. To combine any two or more of its purposes or facilities into a\nsingle project for financing purposes;\n 29. To use revenues, income or funds from any source to create,\nconstruct, reconstruct, support, operate, repair and maintain any one or\nmore of its other purposes or facilities;\n 30. To make rules and regulations governing the use by the public of\nthe bridges, the bridge complex, and any facility owned or operated by\nit;\n 31. To establish a code of ethics and rules regarding conflict of\ninterest for the members of its board and its employees and agents;\n 32. To accept public or private gifts or grants of funds or property;\n 33. To engage in any activity permitted by law which in its judgment\nwould be convenient for the public using any of its facilities;\n 34. To enter into agreements with the government of the Dominion of\nCanada or the province of Ontario, or any political subdivision of\neither, for the construction and operation in Canada of any of the\nbridges and facilities authorized hereunder and for the application of\nrevenues collected by the authority for the use of the bridges and\nfacilities operated by it in Canada;\n 35. To do in the province of Ontario anything it is authorized or\npermitted to do in the state of New York and which is permitted by the\nlaws of such foreign jurisdiction;\n 36. To exercise any of its powers alone or in conjunction with any\npolitical subdivision;\n 37. To do all things necessary or convenient to carry out the powers\nenumerated above and to effectuate their general intent and purpose. The\nforegoing specification of powers shall not be construed as in any way\nlimiting or denying the usual implied powers, it being the intent that\nthe authority shall have full power to manage its affairs generally with\nthe same freedom from the restrictions which apply to municipalities as\ndo boards of directors of privately owned corporations.\n 38. Notwithstanding any of the foregoing, the authority shall not\ninitially enter into any general activity category authorized in\nsubdivisions fourteen through seventeen of this section, including but\nnot limited to the construction or operation of any performing arts\ncenter, cultural improvement project, convention hall, sports arena,\nmuseum, industrial or commercial development project, airport, port,\nmarina or docking facility, until and unless it has been formally\nrequested to do so by the supervisors by resolution duly adopted.\n