State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-aa > 2642-f

§  2642-f. Special powers of the authority. In order to effectuate the  purposes of this title: 1. The authority may acquire, by purchase, gift,  grant, transfer, contract or lease, any  railroad  facility,  wholly  or  partially  within  the counties of Chautauqua, Cattaraugus, Allegany and  Steuben or any part thereof, or the use thereof, and may enter into  any  joint  service  arrangements  as  provided  in  this  section.  Any such  acquisition or joint service arrangement shall  be  authorized  only  by  resolution  of the authority approved by not less than a majority of the  whole number of voting members of the authority. In addition to and  not  in  limitation  of  any  other power conferred upon the authority by the  provisions  of  this  title,  the  authority  is  hereby  empowered  and  authorized  in  respect  of any property and assets at any time owned or  held by, or under the jurisdiction of, the state, the Commonwealth,  any  political  subdivision  thereof, or any private or other public concern,  to accept and receive any such interest therein as it may have  been  or  may  hereafter  be  designated  by  the  state,  the  Commonwealth,  any  political subdivision thereof, or any other public or  private  concern,  by  law or other lawful means to receive, and in respect thereof, except  as  otherwise  provided  by  the  designating  statute  or   contractual  instrument,   it   shall  have  and  exercise  all  of  the  powers  and  jurisdiction herein conferred upon it in respect of any other  property,  rights,  assets, facilities and projects in any other manner acquired or  from any other source received by it pursuant to the provisions of  this  title.    2. The authority may on such terms and conditions as the authority may  determine   necessary,   convenient   or   desirable  itself  establish,  construct, effectuate, operate, maintain, renovate, improve,  extend  or  repair   any   such   railroad   facility,   or  may  provide  for  such  establishment,  construction,  effectuation,   operation,   maintenance,  renovation,  improvement,  extension  or  repair  by contract, lease, or  other arrangement on such terms as the  authority  may  deem  necessary,  convenient  or desirable with any person, including, but not limited to,  any common carrier or freight  forwarder  or  other  private  for-profit  firm,   the  state,  the  Commonwealth,  any  agency  or  the  state  or  Commonwealth, the federal government,  any  other  state  or  agency  or  instrumentality   thereof,   any   non-profit  corporation,  any  public  authority of this or any other state or  any  political  subdivision  or  municipality  of the state. In connection with the operation of any such  railroad facility, the authority may establish,  construct,  effectuate,  operate, maintain, renovate, improve, extend or repair or may provide by  contract,   lease   or   other   arrangement   for   the  establishment,  construction,   effectuation,   operation,   maintenance,    renovation,  improvement,  extension or repair of any related services and activities  it deems necessary, convenient or desirable, including, but not  limited  to,  the  transportation  and  storage  of freight and the United States  mail,   feeder   and   connecting   transportation,    parking    areas,  transportation centers, stations and related facilities.    3.  The  authority  may  establish,  levy  and  collect or cause to be  established, levied and collected and, in the case of  a  joint  service  arrangement,  join with others in the establishment, levy and collection  of such fares, tolls, rentals, rates, charges and other fees as  it  may  deem necessary, convenient or desirable for the use and operation of any  railroad  facility  and  related  services  operated by the authority or  under contract, lease or  other  arrangement,  including  joint  service  arrangements, with the authority.    4.  The  authority  may  establish  and,  in the case of joint service  arrangements, join with others in the establishment  of  such  schedules  and  standards  of  operations  and  such  other  rules  and regulationsincluding but not limited to rules and regulations governing the conduct  and safety of the  public  as  it  may  deem  necessary,  convenient  or  desirable for the use and operation of any railroad facility and related  services  operated  by  the  authority or under contract, lease or other  arrangement, including joint service arrangements, with the authority.    5. The authority may acquire, hold, own, lease, establish,  construct,  effectuate,  operate,  maintain, renovate, improve, extend or repair any  of its facilities.    6. The authority, in its own name,  may  apply  for  and  receive  and  accept  grants  of  property,  money  and  services and other assistance  offered or made available to it by  any  person,  government  or  agency  which it may use to meet capital or operating expenses and for any other  use  within  the scope of its powers, and to negotiate for the same upon  such  terms  and  conditions  as  the  authority  may  determine  to  be  necessary, convenient or desirable.    7.  The  authority may do all things it deems necessary, convenient or  desirable to manage, control and direct the maintenance and operation of  railroad facilities, equipment or real property  operated  by  or  under  contract,  lease  or  other  arrangement  with  the authority. Except as  hereinafter   specially   provided,   no   municipality   or   political  subdivision,  including but not limited to a county, city, village, town  or school or other district shall have jurisdiction over any  facilities  of the authority or any of its activities or operations. The local laws,  resolutions,  ordinances,  rules  and  regulations  of a municipality or  political subdivision in the state conflicting with this  title  or  any  rule  or  regulation  of  the  authority, shall not be applicable to the  activities or operations of the authority,  or  the  facilities  of  the  authority,  except  such  facilities  that are devoted to purposes other  than transportation purposes. The authority may agree with the New  York  state  department of transportation for the execution by such department  of  any  grade  crossing  elimination  project  or  any  grade  crossing  separation  reconstruction  project along any railroad facility operated  by the authority or under contract, lease or other arrangement with  the  authority. Any such project shall be executed as provided in article ten  of  the  transportation  law and the railroad law, respectively, and the  costs of any such project shall be borne as provided in such laws.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-aa > 2642-f

§  2642-f. Special powers of the authority. In order to effectuate the  purposes of this title: 1. The authority may acquire, by purchase, gift,  grant, transfer, contract or lease, any  railroad  facility,  wholly  or  partially  within  the counties of Chautauqua, Cattaraugus, Allegany and  Steuben or any part thereof, or the use thereof, and may enter into  any  joint  service  arrangements  as  provided  in  this  section.  Any such  acquisition or joint service arrangement shall  be  authorized  only  by  resolution  of the authority approved by not less than a majority of the  whole number of voting members of the authority. In addition to and  not  in  limitation  of  any  other power conferred upon the authority by the  provisions  of  this  title,  the  authority  is  hereby  empowered  and  authorized  in  respect  of any property and assets at any time owned or  held by, or under the jurisdiction of, the state, the Commonwealth,  any  political  subdivision  thereof, or any private or other public concern,  to accept and receive any such interest therein as it may have  been  or  may  hereafter  be  designated  by  the  state,  the  Commonwealth,  any  political subdivision thereof, or any other public or  private  concern,  by  law or other lawful means to receive, and in respect thereof, except  as  otherwise  provided  by  the  designating  statute  or   contractual  instrument,   it   shall  have  and  exercise  all  of  the  powers  and  jurisdiction herein conferred upon it in respect of any other  property,  rights,  assets, facilities and projects in any other manner acquired or  from any other source received by it pursuant to the provisions of  this  title.    2. The authority may on such terms and conditions as the authority may  determine   necessary,   convenient   or   desirable  itself  establish,  construct, effectuate, operate, maintain, renovate, improve,  extend  or  repair   any   such   railroad   facility,   or  may  provide  for  such  establishment,  construction,  effectuation,   operation,   maintenance,  renovation,  improvement,  extension  or  repair  by contract, lease, or  other arrangement on such terms as the  authority  may  deem  necessary,  convenient  or desirable with any person, including, but not limited to,  any common carrier or freight  forwarder  or  other  private  for-profit  firm,   the  state,  the  Commonwealth,  any  agency  or  the  state  or  Commonwealth, the federal government,  any  other  state  or  agency  or  instrumentality   thereof,   any   non-profit  corporation,  any  public  authority of this or any other state or  any  political  subdivision  or  municipality  of the state. In connection with the operation of any such  railroad facility, the authority may establish,  construct,  effectuate,  operate, maintain, renovate, improve, extend or repair or may provide by  contract,   lease   or   other   arrangement   for   the  establishment,  construction,   effectuation,   operation,   maintenance,    renovation,  improvement,  extension or repair of any related services and activities  it deems necessary, convenient or desirable, including, but not  limited  to,  the  transportation  and  storage  of freight and the United States  mail,   feeder   and   connecting   transportation,    parking    areas,  transportation centers, stations and related facilities.    3.  The  authority  may  establish,  levy  and  collect or cause to be  established, levied and collected and, in the case of  a  joint  service  arrangement,  join with others in the establishment, levy and collection  of such fares, tolls, rentals, rates, charges and other fees as  it  may  deem necessary, convenient or desirable for the use and operation of any  railroad  facility  and  related  services  operated by the authority or  under contract, lease or  other  arrangement,  including  joint  service  arrangements, with the authority.    4.  The  authority  may  establish  and,  in the case of joint service  arrangements, join with others in the establishment  of  such  schedules  and  standards  of  operations  and  such  other  rules  and regulationsincluding but not limited to rules and regulations governing the conduct  and safety of the  public  as  it  may  deem  necessary,  convenient  or  desirable for the use and operation of any railroad facility and related  services  operated  by  the  authority or under contract, lease or other  arrangement, including joint service arrangements, with the authority.    5. The authority may acquire, hold, own, lease, establish,  construct,  effectuate,  operate,  maintain, renovate, improve, extend or repair any  of its facilities.    6. The authority, in its own name,  may  apply  for  and  receive  and  accept  grants  of  property,  money  and  services and other assistance  offered or made available to it by  any  person,  government  or  agency  which it may use to meet capital or operating expenses and for any other  use  within  the scope of its powers, and to negotiate for the same upon  such  terms  and  conditions  as  the  authority  may  determine  to  be  necessary, convenient or desirable.    7.  The  authority may do all things it deems necessary, convenient or  desirable to manage, control and direct the maintenance and operation of  railroad facilities, equipment or real property  operated  by  or  under  contract,  lease  or  other  arrangement  with  the authority. Except as  hereinafter   specially   provided,   no   municipality   or   political  subdivision,  including but not limited to a county, city, village, town  or school or other district shall have jurisdiction over any  facilities  of the authority or any of its activities or operations. The local laws,  resolutions,  ordinances,  rules  and  regulations  of a municipality or  political subdivision in the state conflicting with this  title  or  any  rule  or  regulation  of  the  authority, shall not be applicable to the  activities or operations of the authority,  or  the  facilities  of  the  authority,  except  such  facilities  that are devoted to purposes other  than transportation purposes. The authority may agree with the New  York  state  department of transportation for the execution by such department  of  any  grade  crossing  elimination  project  or  any  grade  crossing  separation  reconstruction  project along any railroad facility operated  by the authority or under contract, lease or other arrangement with  the  authority. Any such project shall be executed as provided in article ten  of  the  transportation  law and the railroad law, respectively, and the  costs of any such project shall be borne as provided in such laws.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-aa > 2642-f

§  2642-f. Special powers of the authority. In order to effectuate the  purposes of this title: 1. The authority may acquire, by purchase, gift,  grant, transfer, contract or lease, any  railroad  facility,  wholly  or  partially  within  the counties of Chautauqua, Cattaraugus, Allegany and  Steuben or any part thereof, or the use thereof, and may enter into  any  joint  service  arrangements  as  provided  in  this  section.  Any such  acquisition or joint service arrangement shall  be  authorized  only  by  resolution  of the authority approved by not less than a majority of the  whole number of voting members of the authority. In addition to and  not  in  limitation  of  any  other power conferred upon the authority by the  provisions  of  this  title,  the  authority  is  hereby  empowered  and  authorized  in  respect  of any property and assets at any time owned or  held by, or under the jurisdiction of, the state, the Commonwealth,  any  political  subdivision  thereof, or any private or other public concern,  to accept and receive any such interest therein as it may have  been  or  may  hereafter  be  designated  by  the  state,  the  Commonwealth,  any  political subdivision thereof, or any other public or  private  concern,  by  law or other lawful means to receive, and in respect thereof, except  as  otherwise  provided  by  the  designating  statute  or   contractual  instrument,   it   shall  have  and  exercise  all  of  the  powers  and  jurisdiction herein conferred upon it in respect of any other  property,  rights,  assets, facilities and projects in any other manner acquired or  from any other source received by it pursuant to the provisions of  this  title.    2. The authority may on such terms and conditions as the authority may  determine   necessary,   convenient   or   desirable  itself  establish,  construct, effectuate, operate, maintain, renovate, improve,  extend  or  repair   any   such   railroad   facility,   or  may  provide  for  such  establishment,  construction,  effectuation,   operation,   maintenance,  renovation,  improvement,  extension  or  repair  by contract, lease, or  other arrangement on such terms as the  authority  may  deem  necessary,  convenient  or desirable with any person, including, but not limited to,  any common carrier or freight  forwarder  or  other  private  for-profit  firm,   the  state,  the  Commonwealth,  any  agency  or  the  state  or  Commonwealth, the federal government,  any  other  state  or  agency  or  instrumentality   thereof,   any   non-profit  corporation,  any  public  authority of this or any other state or  any  political  subdivision  or  municipality  of the state. In connection with the operation of any such  railroad facility, the authority may establish,  construct,  effectuate,  operate, maintain, renovate, improve, extend or repair or may provide by  contract,   lease   or   other   arrangement   for   the  establishment,  construction,   effectuation,   operation,   maintenance,    renovation,  improvement,  extension or repair of any related services and activities  it deems necessary, convenient or desirable, including, but not  limited  to,  the  transportation  and  storage  of freight and the United States  mail,   feeder   and   connecting   transportation,    parking    areas,  transportation centers, stations and related facilities.    3.  The  authority  may  establish,  levy  and  collect or cause to be  established, levied and collected and, in the case of  a  joint  service  arrangement,  join with others in the establishment, levy and collection  of such fares, tolls, rentals, rates, charges and other fees as  it  may  deem necessary, convenient or desirable for the use and operation of any  railroad  facility  and  related  services  operated by the authority or  under contract, lease or  other  arrangement,  including  joint  service  arrangements, with the authority.    4.  The  authority  may  establish  and,  in the case of joint service  arrangements, join with others in the establishment  of  such  schedules  and  standards  of  operations  and  such  other  rules  and regulationsincluding but not limited to rules and regulations governing the conduct  and safety of the  public  as  it  may  deem  necessary,  convenient  or  desirable for the use and operation of any railroad facility and related  services  operated  by  the  authority or under contract, lease or other  arrangement, including joint service arrangements, with the authority.    5. The authority may acquire, hold, own, lease, establish,  construct,  effectuate,  operate,  maintain, renovate, improve, extend or repair any  of its facilities.    6. The authority, in its own name,  may  apply  for  and  receive  and  accept  grants  of  property,  money  and  services and other assistance  offered or made available to it by  any  person,  government  or  agency  which it may use to meet capital or operating expenses and for any other  use  within  the scope of its powers, and to negotiate for the same upon  such  terms  and  conditions  as  the  authority  may  determine  to  be  necessary, convenient or desirable.    7.  The  authority may do all things it deems necessary, convenient or  desirable to manage, control and direct the maintenance and operation of  railroad facilities, equipment or real property  operated  by  or  under  contract,  lease  or  other  arrangement  with  the authority. Except as  hereinafter   specially   provided,   no   municipality   or   political  subdivision,  including but not limited to a county, city, village, town  or school or other district shall have jurisdiction over any  facilities  of the authority or any of its activities or operations. The local laws,  resolutions,  ordinances,  rules  and  regulations  of a municipality or  political subdivision in the state conflicting with this  title  or  any  rule  or  regulation  of  the  authority, shall not be applicable to the  activities or operations of the authority,  or  the  facilities  of  the  authority,  except  such  facilities  that are devoted to purposes other  than transportation purposes. The authority may agree with the New  York  state  department of transportation for the execution by such department  of  any  grade  crossing  elimination  project  or  any  grade  crossing  separation  reconstruction  project along any railroad facility operated  by the authority or under contract, lease or other arrangement with  the  authority. Any such project shall be executed as provided in article ten  of  the  transportation  law and the railroad law, respectively, and the  costs of any such project shall be borne as provided in such laws.