§ 703 — Powers of the authority

New York § 703

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8: Ogdensburg Bridge Authority
• Art. 3: Bridge and Tunnel Authorities

Text

§ 703. 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, by purchase or condemnation pursuant to the\ncondemnation law, such real property or rights or easements therein, as\nmay be necessary or proper for the construction or operation of the\nbridge, and to sell any such property not needed for its corporate\npurposes;\n 5. To make by-laws for the management and regulation of its affairs;\n 6. To contract for professional services and to employ consulting\nengineers for the design of the bridge and supervision of its\nconstruction, and to employ legal consultants in both the United States\nand Canada; to appoint officers, agents and employees and engineers, and\nfix their compensation;\n 7. To make contracts and to execute all instruments necessary or\nconvenient;\n 8. By contract or contracts or by its own employees to construct and\nto maintain and operate a bridge across the Saint Lawrence river at or\nnear the city of Ogdensburg, in the county of Saint Lawrence, New York,\nand the approach roads which are necessary to connect the bridge with\nthe state highway system in the state of New York at a point and in a\nmanner approved by the state department of transportation and with the\nnearest highway in the province of Ontario and to acquire any property\nor rights of any person, firm or corporation deemed by the authority to\nbe necessary or desirable in connection with the construction or\noperation of the bridge;\n 9. To charge tolls for the use of the bridge at rates sufficient to\nprovide for payment of all expenses of the authority, the conservation,\nmaintenance and operation of the bridge, the payment of the interest on\nand the principal of all bonds issued by the authority under the\nprovisions of this title, and reserves for such purposes, subject to and\nin accordance with such agreements with bondholders as may be made as\nhereinafter provided;\n 10. To exercise in Canada all rights, powers and authority which shall\nbe granted or permitted to the authority by the proper authorities of\nCanada or of the province of Ontario, including the entering upon lands\nand acquiring, condemning, occupying, possessing, and using such real\nestate and other property in Canada as may be needed by the authority in\ncarrying out the powers herein granted;\n 11. Prior to the opening of the bridge for automotive traffic, to\npurchase, maintain and operate all or any ferries across the Saint\nLawrence river within five miles of the location which shall be selected\nfor said bridge, subject to the conditions and limitations contained in\nthis title, and subject to the approval of the proper authorities in the\ngovernment of Canada, subject to the approval of the comptroller of the\nstate of New York and subject to the approval of the form of contract by\nthe attorney general of the state of New York. Nothing contained in\nthis title shall require the authority or its successors to maintain or\noperate any ferry or ferries purchased under the authority of this title\nand upon opening of the bridge for automotive traffic such automotive\nferry or automotive ferry operations shall be terminated, but nothing in\nthis article shall prohibit any party from operating a non-automotive\nferry between Ogdensburg and Prescott. Upon the termination of such\nferry or ferries operations any ferry or ferries so purchased, with the\nappurtenances and property thereto connected and belonging, shall be\nsold in such manner, at such time or times and for such amounts as shall\nbe approved by the director of the budget of the state of New York. The\nauthority and its successors may fix such rates and tolls for the use of\nsuch ferry or ferries as it may deem proper, subject to the same\nconditions provided by this title as to tolls for traffic over the\nbridge. All tolls collected for the use of the ferry or ferries and the\nproceeds from any sale or disposition of any ferry or ferries shall be\nused, as far as may be necessary, to pay the cost of maintaining,\nrepairing and operating the same, and any residue thereof shall be paid\nto the state comptroller as agent of the authority and deposited by him\nto the credit of the Ogdensburg bridge fund;\n 12. To construct and maintain over, under, along or across the bridge\nand approach roads telephone, telegraph or electric wires and cables,\ngas mains, water mains, and other mechanical equipment not inconsistent\nwith the appropriate use of the bridge and approach roads, and to\ncontract for such construction and to lease the right to construct or\nuse the same on such terms and for such considerations as it shall\ndetermine; provided, however, that no such lease shall extend for a\nperiod of more than twenty years or beyond the final date of maturity of\nany bonds issued and outstanding under the authority of this title;\n 13. To purchase, construct and maintain facilities for the public,\nconsistent with the use of the bridge, 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 lease shall be made for a period of more than\nthirty years from the date when it is made;\n 14. To issue its negotiable bonds and to provide for the rights of the\nholders thereof;\n 15. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n 16. To accept grants of money or real or personal property from the\nfederal or state governments or agencies thereof, or from municipal\ncorporations, or any other lawful source for its corporate purposes;\n 17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title except that the construction of the bridge\nherein authorized shall not be begun or any property acquired until\nafter the necessary consents and approvals of the federal government and\nof the government of Canada or any subdivision or agency thereof having\njurisdiction shall have been obtained.\n 18. To establish, maintain and operate, either by contract or\ncontracts or by its own employees, a public bus transportation system,\nfrom an area in the vicinity of Sophia street in the city of Prescott,\nprovince of Ontario, Canada, over and across the Ogdensburg bridge to an\narea in the vicinity of Saint Lawrence avenue in the city of Ogdensburg,\ncounty of Saint Lawrence, state of New York, in a manner to be\ndetermined by the authority subject to the laws, rules and regulations\npertaining to public bus transportation of the government of Canada,\nprovince of Ontario and the city of Prescott and subject to the laws,\nrules and regulations pertaining to public bus transportation of the\ngovernment of the United States of America, state of New York, county of\nSaint Lawrence and the city of Ogdensburg.\n 19. To rehabilitate and modernize the building known as "Garden\nCottage" and utilize, operate and maintain such building as a port\nfacilities building including therein suitable accommodations for the\nauthority's administration headquarters, a tourist information and\nservice center and other office accommodations which may be leased or\nrented for public or private purposes.\n 20. To assist and cooperate with the Ogdensburg port authority and\nother official agencies in promoting the development and use of the\nOgdensburg bridge, harbor and port facilities and when requested by it\nto make available to the Ogdensburg port authority at a nominal rental\nsuitable accommodations in the port facilities building for the\nadministration headquarters of such port authority.\n