State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11-c > 1306

§  1306.  General  powers  of  the  authority.  A. Except as otherwise  limited by this title, the authority shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To  borrow  money  and  issue  negotiable  notes,  bonds  or  other  obligations and to provide for the rights of the holders thereof;    4. To invest any funds held in reserve or sinking funds, or any monies  not required for immediate use or disbursement, at the discretion of the  authority,  in  obligations of the state or the United States government  or obligations the principal and interest of which are guaranteed by the  state or the United States government; or  certificates  of  deposit  of  banks  or  trust companies or in bank or trust accounts of banks in this  state secured by obligations of the United States or of the state of New  York of a market value equal at all times to the amount of  the  deposit  with the approval of the Comptroller;    5.  To  make  and  alter  by-laws  for  its  organization and internal  management, and rules and regulations  governing  the  exercise  of  its  powers and the fulfillment of its purposes under this title;    6.  To  enter into contracts and leases and to execute all instruments  necessary or convenient;    7. To acquire, hold and dispose of real or personal  property  in  the  exercise of its powers;    8.  To  appoint  a general manager, who shall serve at the pleasure of  the authority, and such officers and  employees  as  the  authority  may  require  for  the  performance  of  its duties, and to fix and determine  their qualifications, duties, and compensation and to retain  or  employ  counsel, auditors, engineers and private consultants on a contract basis  or   otherwise  for  rendering  professional,  management  or  technical  services and advice; such general manager, counsel, auditors, engineers,  and private consultants, officers and employees may not be a  member  of  the authority;    9.  (a) Notwithstanding section one hundred thirteen of the retirement  and social security law  or  any  other  general  or  special  law,  the  authority and any of its subsidiary corporations may continue or provide  to its affected officers and employees any retirement, disability, death  or  other  benefits provided or required for railroad personnel pursuant  to federal or state law. Notwithstanding any  provisions  of  the  civil  service  law, no officer or employee of a subsidiary corporation, of the  authority, other than a public benefit subsidiary corporation, shall  be  a public officer or a public employee;    (b)   The   authority   and  any  of  its  public  benefit  subsidiary  corporations may be a "participating employer" in  the  New  York  state  employees'  retirement  system  with  respect  to one or more classes of  officers and employees of such authority  or  any  such  public  benefit  subsidiary  corporation,  as  may  be  provided  by  resolution  of such  authority or any such public benefit subsidiary corporation, as the case  may be, or any subsequent amendment thereof, filed with the  comptroller  and accepted by him pursuant to section thirty-one of the retirement and  social  security  law.  In  taking any action pursuant to this paragraph  (b), the authority and any of its public benefit subsidiary corporations  shall consider the coverages and benefits continued or provided pursuant  to paragraph (a) of this subdivision.    10. To make plans,  surveys,  and  studies  necessary,  convenient  or  desirable  to  the  effectuation  of  the  purposes  and  powers  of the  authority and to prepare recommendations in  regard  thereto  and  shall  undertake feasibility studies, at such time as the authority deems best,  of  merging  into  the  authority  the  Port  of Albany authority and of  acquiring the Albany county airport, the Schenectady county airport, theUnited Traction Company, the Schenectady Transportation  Corporation  or  any successor entities.    11. To enter upon such lands, waters or premises as in the judgment of  the  authority may be necessary, convenient or desirable for the purpose  of making surveys, soundings, borings and examinations to accomplish any  purpose authorized by this title, the authority being liable for  actual  damage done;    12.  The  authority  may  conduct  investigations  and hearings in the  furtherance of its general purposes, and in aid thereof have  access  to  any  books,  records or papers relevant thereto; and if any person whose  testimony shall be required for the proper performance of the duties  of  the authority shall fail or refuse to aid or assist the authority in the  conduct  of  any  investigation  or  hearing, or to produce any relevant  books, records or other papers, the authority is authorized to apply for  process of subpoena, to issue out  of  any  court  of  general  original  jurisdiction whose process can reach such person, upon due cause shown;    13.  To  do all things necessary, convenient or desirable to carry out  its purposes and for the exercise of the powers granted in this title.    14.  To  enter  into  collective  bargaining  agreements  with   labor  representatives duly elected by the employees of the authority.    15. To insure or provide for the insurance of the authority's property  or  operations  as  required by law and also against such other risks as  the authority may deem advisable.    B. The authority shall file in the office of the commissioner and with  the legislative bodies of each county in the  district  annual  reports,  after  the close of each of the authority's fiscal years, which shall be  open to public inspection. Such reports shall include,  in  addition  to  any  information  which  the  commissioner may require, a statement with  respect to its operations including the following data:    (a) Cost breakdown of  real  property  acquired  for  each  system  or  facility acquired or operated by the authority;    (b)  Cost  breakdown  in  appropriate  units of facilities acquired or  operated by the authority;    (c) Operating  revenues  for  each  system  or  facility  acquired  or  operated by the authority;    (d)  Operating  expenses  for  each  system  or  facility  acquired or  operated by the authority.    C. The authority shall prepare and file with the commissioner and  the  legislative  bodies  of  each  county  in  the district an annual budget  consisting of projected operating revenues and expenditures for the next  fiscal year.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11-c > 1306

§  1306.  General  powers  of  the  authority.  A. Except as otherwise  limited by this title, the authority shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To  borrow  money  and  issue  negotiable  notes,  bonds  or  other  obligations and to provide for the rights of the holders thereof;    4. To invest any funds held in reserve or sinking funds, or any monies  not required for immediate use or disbursement, at the discretion of the  authority,  in  obligations of the state or the United States government  or obligations the principal and interest of which are guaranteed by the  state or the United States government; or  certificates  of  deposit  of  banks  or  trust companies or in bank or trust accounts of banks in this  state secured by obligations of the United States or of the state of New  York of a market value equal at all times to the amount of  the  deposit  with the approval of the Comptroller;    5.  To  make  and  alter  by-laws  for  its  organization and internal  management, and rules and regulations  governing  the  exercise  of  its  powers and the fulfillment of its purposes under this title;    6.  To  enter into contracts and leases and to execute all instruments  necessary or convenient;    7. To acquire, hold and dispose of real or personal  property  in  the  exercise of its powers;    8.  To  appoint  a general manager, who shall serve at the pleasure of  the authority, and such officers and  employees  as  the  authority  may  require  for  the  performance  of  its duties, and to fix and determine  their qualifications, duties, and compensation and to retain  or  employ  counsel, auditors, engineers and private consultants on a contract basis  or   otherwise  for  rendering  professional,  management  or  technical  services and advice; such general manager, counsel, auditors, engineers,  and private consultants, officers and employees may not be a  member  of  the authority;    9.  (a) Notwithstanding section one hundred thirteen of the retirement  and social security law  or  any  other  general  or  special  law,  the  authority and any of its subsidiary corporations may continue or provide  to its affected officers and employees any retirement, disability, death  or  other  benefits provided or required for railroad personnel pursuant  to federal or state law. Notwithstanding any  provisions  of  the  civil  service  law, no officer or employee of a subsidiary corporation, of the  authority, other than a public benefit subsidiary corporation, shall  be  a public officer or a public employee;    (b)   The   authority   and  any  of  its  public  benefit  subsidiary  corporations may be a "participating employer" in  the  New  York  state  employees'  retirement  system  with  respect  to one or more classes of  officers and employees of such authority  or  any  such  public  benefit  subsidiary  corporation,  as  may  be  provided  by  resolution  of such  authority or any such public benefit subsidiary corporation, as the case  may be, or any subsequent amendment thereof, filed with the  comptroller  and accepted by him pursuant to section thirty-one of the retirement and  social  security  law.  In  taking any action pursuant to this paragraph  (b), the authority and any of its public benefit subsidiary corporations  shall consider the coverages and benefits continued or provided pursuant  to paragraph (a) of this subdivision.    10. To make plans,  surveys,  and  studies  necessary,  convenient  or  desirable  to  the  effectuation  of  the  purposes  and  powers  of the  authority and to prepare recommendations in  regard  thereto  and  shall  undertake feasibility studies, at such time as the authority deems best,  of  merging  into  the  authority  the  Port  of Albany authority and of  acquiring the Albany county airport, the Schenectady county airport, theUnited Traction Company, the Schenectady Transportation  Corporation  or  any successor entities.    11. To enter upon such lands, waters or premises as in the judgment of  the  authority may be necessary, convenient or desirable for the purpose  of making surveys, soundings, borings and examinations to accomplish any  purpose authorized by this title, the authority being liable for  actual  damage done;    12.  The  authority  may  conduct  investigations  and hearings in the  furtherance of its general purposes, and in aid thereof have  access  to  any  books,  records or papers relevant thereto; and if any person whose  testimony shall be required for the proper performance of the duties  of  the authority shall fail or refuse to aid or assist the authority in the  conduct  of  any  investigation  or  hearing, or to produce any relevant  books, records or other papers, the authority is authorized to apply for  process of subpoena, to issue out  of  any  court  of  general  original  jurisdiction whose process can reach such person, upon due cause shown;    13.  To  do all things necessary, convenient or desirable to carry out  its purposes and for the exercise of the powers granted in this title.    14.  To  enter  into  collective  bargaining  agreements  with   labor  representatives duly elected by the employees of the authority.    15. To insure or provide for the insurance of the authority's property  or  operations  as  required by law and also against such other risks as  the authority may deem advisable.    B. The authority shall file in the office of the commissioner and with  the legislative bodies of each county in the  district  annual  reports,  after  the close of each of the authority's fiscal years, which shall be  open to public inspection. Such reports shall include,  in  addition  to  any  information  which  the  commissioner may require, a statement with  respect to its operations including the following data:    (a) Cost breakdown of  real  property  acquired  for  each  system  or  facility acquired or operated by the authority;    (b)  Cost  breakdown  in  appropriate  units of facilities acquired or  operated by the authority;    (c) Operating  revenues  for  each  system  or  facility  acquired  or  operated by the authority;    (d)  Operating  expenses  for  each  system  or  facility  acquired or  operated by the authority.    C. The authority shall prepare and file with the commissioner and  the  legislative  bodies  of  each  county  in  the district an annual budget  consisting of projected operating revenues and expenditures for the next  fiscal year.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-11-c > 1306

§  1306.  General  powers  of  the  authority.  A. Except as otherwise  limited by this title, the authority shall have power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. To  borrow  money  and  issue  negotiable  notes,  bonds  or  other  obligations and to provide for the rights of the holders thereof;    4. To invest any funds held in reserve or sinking funds, or any monies  not required for immediate use or disbursement, at the discretion of the  authority,  in  obligations of the state or the United States government  or obligations the principal and interest of which are guaranteed by the  state or the United States government; or  certificates  of  deposit  of  banks  or  trust companies or in bank or trust accounts of banks in this  state secured by obligations of the United States or of the state of New  York of a market value equal at all times to the amount of  the  deposit  with the approval of the Comptroller;    5.  To  make  and  alter  by-laws  for  its  organization and internal  management, and rules and regulations  governing  the  exercise  of  its  powers and the fulfillment of its purposes under this title;    6.  To  enter into contracts and leases and to execute all instruments  necessary or convenient;    7. To acquire, hold and dispose of real or personal  property  in  the  exercise of its powers;    8.  To  appoint  a general manager, who shall serve at the pleasure of  the authority, and such officers and  employees  as  the  authority  may  require  for  the  performance  of  its duties, and to fix and determine  their qualifications, duties, and compensation and to retain  or  employ  counsel, auditors, engineers and private consultants on a contract basis  or   otherwise  for  rendering  professional,  management  or  technical  services and advice; such general manager, counsel, auditors, engineers,  and private consultants, officers and employees may not be a  member  of  the authority;    9.  (a) Notwithstanding section one hundred thirteen of the retirement  and social security law  or  any  other  general  or  special  law,  the  authority and any of its subsidiary corporations may continue or provide  to its affected officers and employees any retirement, disability, death  or  other  benefits provided or required for railroad personnel pursuant  to federal or state law. Notwithstanding any  provisions  of  the  civil  service  law, no officer or employee of a subsidiary corporation, of the  authority, other than a public benefit subsidiary corporation, shall  be  a public officer or a public employee;    (b)   The   authority   and  any  of  its  public  benefit  subsidiary  corporations may be a "participating employer" in  the  New  York  state  employees'  retirement  system  with  respect  to one or more classes of  officers and employees of such authority  or  any  such  public  benefit  subsidiary  corporation,  as  may  be  provided  by  resolution  of such  authority or any such public benefit subsidiary corporation, as the case  may be, or any subsequent amendment thereof, filed with the  comptroller  and accepted by him pursuant to section thirty-one of the retirement and  social  security  law.  In  taking any action pursuant to this paragraph  (b), the authority and any of its public benefit subsidiary corporations  shall consider the coverages and benefits continued or provided pursuant  to paragraph (a) of this subdivision.    10. To make plans,  surveys,  and  studies  necessary,  convenient  or  desirable  to  the  effectuation  of  the  purposes  and  powers  of the  authority and to prepare recommendations in  regard  thereto  and  shall  undertake feasibility studies, at such time as the authority deems best,  of  merging  into  the  authority  the  Port  of Albany authority and of  acquiring the Albany county airport, the Schenectady county airport, theUnited Traction Company, the Schenectady Transportation  Corporation  or  any successor entities.    11. To enter upon such lands, waters or premises as in the judgment of  the  authority may be necessary, convenient or desirable for the purpose  of making surveys, soundings, borings and examinations to accomplish any  purpose authorized by this title, the authority being liable for  actual  damage done;    12.  The  authority  may  conduct  investigations  and hearings in the  furtherance of its general purposes, and in aid thereof have  access  to  any  books,  records or papers relevant thereto; and if any person whose  testimony shall be required for the proper performance of the duties  of  the authority shall fail or refuse to aid or assist the authority in the  conduct  of  any  investigation  or  hearing, or to produce any relevant  books, records or other papers, the authority is authorized to apply for  process of subpoena, to issue out  of  any  court  of  general  original  jurisdiction whose process can reach such person, upon due cause shown;    13.  To  do all things necessary, convenient or desirable to carry out  its purposes and for the exercise of the powers granted in this title.    14.  To  enter  into  collective  bargaining  agreements  with   labor  representatives duly elected by the employees of the authority.    15. To insure or provide for the insurance of the authority's property  or  operations  as  required by law and also against such other risks as  the authority may deem advisable.    B. The authority shall file in the office of the commissioner and with  the legislative bodies of each county in the  district  annual  reports,  after  the close of each of the authority's fiscal years, which shall be  open to public inspection. Such reports shall include,  in  addition  to  any  information  which  the  commissioner may require, a statement with  respect to its operations including the following data:    (a) Cost breakdown of  real  property  acquired  for  each  system  or  facility acquired or operated by the authority;    (b)  Cost  breakdown  in  appropriate  units of facilities acquired or  operated by the authority;    (c) Operating  revenues  for  each  system  or  facility  acquired  or  operated by the authority;    (d)  Operating  expenses  for  each  system  or  facility  acquired or  operated by the authority.    C. The authority shall prepare and file with the commissioner and  the  legislative  bodies  of  each  county  in  the district an annual budget  consisting of projected operating revenues and expenditures for the next  fiscal year.