Section 39.09. Powers and duties of the commission  


Latest version.
  • The commission shall have
      the following powers:
        1. To sue and be sued;
        2. To have a seal and alter the same at its pleasure;
        3. To acquire, hold and dispose of personal property for its corporate
      purposes;
        4. To make by-laws for the management and regulation of its affairs;
        5. To appoint an executive officer, officers, agents and employees, to
      prescribe  their qualifications and to fix their compensation and to pay
      the same out of funds of the commission;
        6. To enter into contracts and leases, and to execute all  instruments
      necessary   or   convenient   with  any  person,  firm,  partnership  or
      corporation, either public or private;
        7. To accept gifts, grants, loans, or contributions  from,  and  enter
      into  contracts  or  other  transactions with, the United States and the
      state or any commission of either of them, any municipality, any  public
      or private corporation, individual or other legal entity, and to use any
      such  gifts,  grants,  loans  or  contributions  to  advance  any of its
      corporate purposes;
        8. To designate the depositories of its money;
        9. To establish and re-establish its fiscal year;
        10. To prepare an annual report on the conduct of its activities which
      shall include a financial statement for that year and a  work  plan  for
      the next year which may include an estimate of the resources required to
      complete  the  commission's  activities  to be sent to the governor, the
      temporary president of the senate, the speaker of the assembly  and  the
      chief  elected  official  of  each  municipality adjacent to the Niagara
      river;
        11. To contract with the state as an independent body corporate;
        12.  To  organize  and  meet  with  a  committee   of   planners   for
      municipalities adjacent to the Niagara river regarding regional projects
      and the provision of planning services;
        13.  To  designate  districts  and  routes  for  planning  and project
      purposes;
        14. To create advisory committees to advise on  matters  of  interest;
      provided,  however,  there  shall  be  created  at  a  minimum  a  local
      government advisory committee consisting of the chief  elected  official
      of  each  municipality adjacent to the Niagara river, or their designee,
      and a citizens' advisory  committee  consisting  of  representatives  of
      local  civic,  commercial,  educational,  recreational, and conservation
      organizations; and
        15. To do all things necessary or convenient to carry out its purposes
      and exercise the powers  expressly  given  in  this  article;  provided,
      however,  that  no  power  is  provided to the commission to operate any
      portion  of  the  greenway,  to  impose  operating  standards  upon  any
      component of the system, or to take property by eminent domain.