§ 654 — Powers of the authority

New York § 654

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 7: Nassau County Bridge Authority
• Art. 3: Bridge and Tunnel Authorities

Text

§ 654. Powers of the authority. 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 acquire, hold and dispose of personal property for its corporate\npurposes;\n 4. To acquire in the name of the county by purchase or condemnation,\nand use real property necessary or convenient for its corporate\npurposes, including real property of municipal corporations, public\nutilities and railroads. All real property acquired by the authority by\ncondemnation shall be acquired in the manner provided in the eminent\ndomain procedure law, or in the Nassau county administrative code. The\npower to acquire real property hereby granted shall include the power to\nacquire Atlantic beach bridge and any or all rights or franchises\nconnected with the operation of said bridge which it may be necessary or\nconvenient for the authority to acquire;\n * 4. a. To acquire in the name of the county by purchase, lease or\ngift, and use real property necessary or convenient for its corporate\npurposes, including real property of municipal corporations, public\nutilities and railroads except that no real property may be acquired by\nthe authority for any park, playground, beach or other recreational\nfacility which is not owned by the county of Nassau on April first,\nnineteen hundred seventy-three, and such real property must be located\nwithin the county of Nassau and, in addition, must be located within one\nmile and one-half from any point of the Atlantic Beach bridge. The power\nto acquire real property hereby granted shall include the power to\nacquire Atlantic beach bridge and any or all rights or franchises\nconnected with the operation of said bridge which it may be necessary or\nconvenient for the authority to acquire;\n b. The Nassau county bridge authority, having been granted the power\nto acquire real property owned by the county of Nassau for a park,\nplayground, beach or other recreational facility, shall have the power\nand authority with respect to such property, to pay or transfer out of\nany authority funds available to it, annual sums in lieu of taxes to the\naffected taxing jurisdiction, in order that no inequitable loss of\nrevenue shall be suffered by virtue of such park, playground, beach or\nother recreational facility; provided further, that the amount so paid\nor transferred for any year shall not exceed the sum last levied for the\nbenefit of such taxing jurisdiction as an annual tax on such property\nprior to the time of its acquisition for such purpose or purposes;\n c. As used in this subdivision, the term "taxing jurisdiction" means\nany municipal corporation or district corporation, including any school\ndistrict or any special district, having the power to levy and collect\ntaxes and benefit assessments upon real property which has been acquired\nby the authority for park, playground, beach or other recreational\nfacility purpose, or in whose behalf such taxes or benefit assessments\nmay be levied or collected.\n * NB Expired June 30, 1976\n 5. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with the noteholders and bondholders, for the\nregulation of the use of the project and the establishment and\ncollection of tolls, fees, rentals and other charges;\n 6. With the consent of the county to use agents, employees and\nfacilities of the county, including the county attorney, paying to the\ncounty its agreed proportion of the compensation or costs;\n 7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n 8. To make contracts, and to execute all instruments necessary or\nconvenient;\n 9. To construct a new bridge across Reynolds channel, together with\nthe approaches thereto, and all structures and facilities necessary or\nconvenient in connection therewith. Such new bridge shall be in the\ncounty of Nassau within one-half mile of the Atlantic beach bridge.\nPursuant to an agreement with, or the consent of, the city of New York,\nthe authority shall have power (but shall be under no obligation except\nas provided in any such agreement), to design, construct, reconstruct,\nwiden, grade, surface and otherwise improve, existing or new roads,\nstreets, avenues, parkways or service roads in said city as approaches\nto or connections with said new bridge on lands or rights of way now\nowned or hereafter acquired by said city. Such agreement may provide for\nthe improvements to be made by the authority and the city, respectively,\nfor the acquisition of land or rights of way by the city, for the part\nor share of the cost of such improvements and acquisitions to be paid by\nthe authority and the city, respectively, and for the manner of payment\nthereof. The city shall maintain all the roads, streets, avenues,\nparkways and service roads so improved and shall pay the cost and\nexpense thereof.\n 9-a. To relocate Bannister creek to the east of its present location,\nin case such relocation is necessary or desirable.\n 10. To reconstruct, improve, maintain and operate the project or part\nor parts thereof;\n 11. After the acquisition of the Atlantic Beach bridge and after the\nconstruction of a new bridge over Reynolds channel in its discretion to\ndemolish and take down the Atlantic Beach bridge.\n 12. To accept grants, loans or highway contributions from the United\nStates, the state of New York, or any agency or instrumentality of\neither of them and to expend the proceeds for any corporate purposes;\n 13. To fix and collect tolls, fees, rentals and other charges for the\nuse of the project subject to and in accordance with such agreements\nwith noteholders and bondholders as may be made as hereinafter provided;\n 14. To construct and maintain over, under, along, within or across the\nproject telephone, telegraph, or electric wires and cables, gas mains,\nwater mains and other mechanical equipment not inconsistent with the\nappropriate use of the project and to contract for such construction and\nto lease the right to construct or use the same on such terms and for\nsuch considerations as it shall determine; provided, however, that no\nsuch lease shall be made except with the approval of the county\nlegislature nor for a period of more than twenty years from the date\nwhen it is made;\n 15. To construct and maintain facilities for the public, not\ninconsistent with the use of the project, to contract for such\nconstruction, and to lease the right to construct or use such facilities\non such terms and for such considerations as it shall determine;\nprovided, however, that no such lease shall be made for a period of more\nthan five years except with the approval of the county legislature, nor,\nwith such approval, for a period of more than twenty years from the date\nwhen it is made.\n 16. To lease property of the authority to the Atlantic Beach fire\ndistrict or its designee for the purpose of constructing and operating a\nrescue station on such property; provided, however, that no such lease\nshall be made except with the approval of the county legislature nor for\na period of more than thirty years from the date when it is made.\n