§ 43 — Powers and duties

§ 43. Powers and duties. 1. Except as otherwise limited by this\narticle and by article five-I of the general municipal law, the Utica\ntransit authority shall have the following powers and duties, in\naddition to the other powers granted in article five-I of the general\nmunicipal law:\n (a) To investigate transportation services in the municipality or\nmunicipalities within its territorial jurisdiction and the means of\nimproving such services;\n (b) To investigate to determine if there are inadequate and/or\nsubstandard transportation services;\n (c) To publish and disseminate information;\n (d) To prepare or arrange for preparation of plans for carrying out\nand operating municipal projects;\n (e) To construct, reconstruct, improve, maintain or operate, or\nprovide for the construction, reconstruction, improvement, maintenance\nor operation of any municipal project;\n (f) To make and execute a contract or contracts for the acquisition by\npurchase of all or any part of the property, plant and equipment of an\nexisting omnibus facility actually used and useful for the convenience\nof the public within the Utica transit authority's jurisdiction;\n (g) To request the municipality or municipalities within the Utica\ntransit authority's jurisdiction for such municipality or municipalities\nto adopt appropriate local laws to authorize such municipality or\nmunicipalities to acquire through eminent domain proceedings all\nproperty which the Utica transit authority deems necessary for its\npurposes which the Utica transit authority is unable to acquire without\nthe use of eminent domain proceedings and to reimburse such municipality\nor municipalities for all costs and expenses incident to such\nacquisition;\n (h) To acquire, hold, clear and improve real property or any interest\ntherein for its corporate purposes;\n (i) To acquire and hold personal property for its corporate purposes;\n (j) To enter upon such real property as in the judgment of the Utica\ntransit authority may be necessary for the purpose of making surveys,\nsoundings, borings and examinations of whatever character to accomplish\nany purpose authorized by this article, the Utica transit authority\nbeing liable for actual damage done;\n (k) To contract for expert technical and professional services;\n (l) To have jurisdiction and control of each of its projects, with the\nright and duty to establish and charge fares, fees, rentals, rates and\nother charges, and to collect revenues therefrom;\n (m) To sell, exchange, transfer, assign or mortgage any property or an\ninterest therein;\n (n) In connection with any municipal project to lease or rent any of\nthe Utica transit authority's property or facilities which the Utica\ntransit authority deems advisable;\n (o) To agree upon and contract with the municipality or municipalities\nwithin the Utica transit authority's jurisdiction for the terms and\nconditions of occupancy or use of any of the streets, roads, highways,\navenues, parks or public places of such municipality or municipalities;\n (p) To petition and appear before local legislative bodies and\ngovernmental regulatory agencies to seek authorization to provide new or\nadditional services or facilities, or to modify or terminate existing\nservices or facilities; including permission to provide charter service;\n (q) To acquire or contract to acquire from any person, firm,\ncorporation or government by subsidy, contribution, gift, grant,\ngrant-in-aid, loan, bequest, devise or purchase any property or any\ninterest therein or financial assistance to be utilized in carrying out\nany municipal project of the Utica transit authority;\n (r) To borrow money and to issue bonds and to provide for the rights\nof the holders thereof;\n (s) To enter into collective bargaining agreements with labor\nrepresentatives duly elected or recognized by the employees of the Utica\ntransit authority;\n (t) To insure or provide for the insurance of the Utica transit\nauthority's property or operations as required by law and also against\nsuch other risks as the Utica transit authority may deem advisable;\n (u) To limit by contract the exercise of any of the Utica transit\nauthority's powers;\n (v) To invest any funds held in reserves or sinking funds, or any\nfunds not required for immediate disbursement in property or securities\nin which savings banks may legally invest funds subject to their\ncontrol;\n (w) To make and from time to time amend and repeal by-laws, rules and\nregulations not inconsistent with the provisions of this article for the\nmanagement and regulation of its affairs and for the regulation of its\nmunicipal projects;\n (x) To conduct examinations and investigations, hear testimony and\ntake proof under oath at public or private hearings on any material\nmatter, require the attendance of witnesses and the production of books\nand papers and issue commissions for the examination of witnesses who\nare out of the state, unable to attend, or excused from attendance;\n (y) To authorize a committee designated by the Utica transit authority\nconsisting of one or more members, or counsel, or any officer or\nemployee to conduct any such investigation or examination, in which case\nsuch committee, counsel, officer or employee shall have power to\nadminister oaths, take affidavits and issue subpoenas or commissions;\n (z) To enter into agreements of cooperation with or for the rendition\nof service to or from a federal, state or municipal governmental agency;\n (aa) To sue and be sued;\n (bb) To have a seal and alter the same at pleasure;\n (cc) To have perpetual succession;\n (dd) To make and execute contracts and other instruments necessary or\nconvenient to the exercise of the Utica transit authority's powers;\n (ee) To conduct operations customarily considered ancillary to\nrendering transportation services;\n (ff) To do all things necessary or convenient to carry out the Utica\ntransit authority's powers.\n (gg) 1. In order to effectuate the purposes of this article the\nauthority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, one or\nmore wholly owned subsidiary corporations of the authority and may\ntransfer to or from any such corporation, or between such corporations,\nany moneys, real property or other property or the services of any\nofficers, employees or consultants for any of the purposes of this\narticle. The directors or members of each such subsidiary corporation\nshall be the same persons holding the offices of members of the\nauthority. Each such subsidiary corporation and any of its property,\nfunctions and activities shall have all of the privileges, immunities,\ntax exemptions and other exemptions of the authority and of the\nauthority's property, functions and activities. Each such subsidiary\ncorporation shall be subject to the restrictions and limitations to\nwhich the authority may be subject. Each such subsidiary corporation\nshall be subject to suit in accordance with section sixty-two of this\nchapter. The employees of any such subsidiary corporation, except those\nwho are also employees of the authority, shall not be deemed employees\nof the authority.\n 2. If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\narticle which the authority shall determine to include in its\ncertificate of incorporation except the power to contract indebtedness.\n 3. Notwithstanding any other provision of law, the authority may elect\nto maintain consolidated records of account for itself and its\nsubsidiary corporations and to report on a consolidated basis with\nregard to the moneys and activities of the authority and its subsidiary\ncorporations, and the authority shall not be required to keep separate\nrecords of account for or to report separately with regard to moneys or\nactivities of any of its subsidiary corporations or of the authority\nitself apart from its subsidiary corporations or with regard to\ntransfers of property or services between the authority and its\nsubsidiary corporations or between said subsidiary corporations.\n 4. Notwithstanding section one hundred thirteen of the retirement and\nsocial security law or any other general, special or local law, the\nauthority or its subsidiary created pursuant to the provisions of this\nsubdivision, shall continue to provide to persons in its employ who were\nemployed by public transportation facilities heretofore acquired by the\nauthority or who have been employed by the authority, the city of Utica\nor the Utica transit commission prior to and after May twentieth,\nnineteen hundred seventy, any retirement, disability, death or other\nbenefits provided or required pursuant to any agreement, including an\nagreement with a labor union of which its employees are members, and the\nauthority or its subsidiary created pursuant to this section, is hereby\nauthorized to retroactively or in the future to make such contributions\nas may be necessary to provide such benefits pursuant to the provisions\nof chapter one thousand thirty-eight of the laws of nineteen hundred\nseventy, and any and all payments heretofore made by the authority in\ncompliance with the terms of any contract between the authority or its\npredecessors in title, and the Amalgamated Association of Street,\nElectric and Motor Coach Employees of America, Division 582 of Utica,\nNew York, including the trust agreement between said Division 582 and\nthe Oneida National Bank & Trust Company of Utica, New York, as trustee,\noriginally dated December thirtieth, nineteen hundred fifty-seven, and\nsubsequent amendatory agreements thereof, shall be and hereby are\nratified and confirmed.\n 5. Whenever any state, political subdivision, municipality,\ncommission, agency, officer, department, board, division or person is\nauthorized and empowered for any of the purposes of this article to\ncooperate and enter into agreements with the authority, such state,\npolitical subdivision, municipality, commission, agency, officer,\ndepartment, board, division or person shall have the same authorization\nand power for any of such purposes to cooperate and enter into\nagreements with a subsidiary corporation of the authority.\n 2. The Utica transit authority shall file in the office of the\ncommissioner annual reports which shall be open to public inspection.\nSuch reports shall include, in addition to any information which the\ncommissioner may require, a statement with respect to each completed\nmunicipal project owned or operated by the Utica transit authority the\nfollowing data:\n (a) Cost breakdown of real property acquired for the project;\n (b) Cost breakdown in appropriate units of facilities acquired for the\nproject;\n (c) Operating revenues;\n (d) Operating expenses;\n (e) Number or estimated number of persons utilizing the project\nfacility.\n