Section 354. Powers of the authority  


Latest version.
  • Except as otherwise limited by this
      title, the authority shall have power
        1. To sue and be sued;
        2. To have a seal and to alter the same at pleasure;
        3. To acquire, hold and dispose of personal property for its corporate
      purposes;
        4. To acquire and hold in  the  name  of  the  state  by  purchase  or
      appropriation  real property or rights or easements therein and to sell,
      exchange, or otherwise dispose of any real property  not  necessary  for
      its  corporate purposes or whenever the board shall determine that it is
      in the interest of the authority; and upon such terms and conditions and
      uses as the board shall determine, to  lease  or  to  grant  permits  to
      occupy  real  property  not  presently required for thruway purposes but
      held for future use in carrying out its corporate purposes;
        5. To make by-laws for its organization and internal  management  and,
      subject  to  agreements  with  noteholders  or  bondholders,  rules  and
      regulations governing the use of the thruways and all  other  properties
      and  facilities  under  its  jurisdiction, which shall be filed with the
      department of state in the manner provided by section one hundred two of
      the executive law;
        6.  To  appoint  officers,  agents  and  employees   and   fix   their
      compensation;  subject  however  to  the provisions of the civil service
      law,  which  shall  apply  to  the  authority  and  to  the   subsidiary
      corporation thereof as a municipal corporation other than a city;
        7.  To  make  contracts,  and  to execute all instruments necessary or
      convenient;
        8. Subject to agreements with noteholders or bondholders, to  fix  and
      collect such fees, rentals and charges for the use of the thruway system
      or  any part thereof necessary or convenient, with an adequate margin of
      safety, to produce sufficient revenue to meet the expense of maintenance
      and operation and to fulfill the terms of any agreements made  with  the
      holders  of  its  notes  or  bonds,  and  to  establish  the  rights and
      privileges granted upon payment thereof; provided, however,  that  tolls
      may  only  be  imposed for the passage through locks and lift bridges by
      vessels which are propelled in whole or in part by mechanical power; and
      provided further that no tolls shall be imposed or  collected  prior  to
      the first day of April, nineteen hundred ninety-three.
        9.  To  retain  and employ private consultants on a contract basis for
      rendering professional and technical assistance and advice;
        10. To construct, reconstruct or  improve  on  or  along  the  thruway
      system  in  the  manner  herein  provided,  suitable  facilities for gas
      stations, restaurants, and other facilities for the public, or to  lease
      the  right  to  construct,  reconstruct  or  improve  and  operate  such
      facilities; such facilities shall be publicly offered  for  leasing  for
      operation, or the right to construct, reconstruct or improve and operate
      such facilities shall be publicly offered under rules and regulations to
      be  established  by  the  authority,  provided,  however,  that  lessees
      operating such facilities at the time this act  becomes  effective,  may
      reconstruct or improve them or may construct additional like facilities,
      in  the  manner  and  upon  such terms and conditions as the board shall
      determine;  and  provided  further,  however,   that   such   facilities
      constructed,  reconstructed  or  improved  on  or along the canal system
      shall be consistent with the canal recreationway plan approved  pursuant
      to section one hundred thirty-eight-c of the canal law and section three
      hundred eighty-two of this title;
        11.  To  construct and maintain over, under, along or across a thruway
      under its jurisdiction telephone, telegraph, television, electric  power
      and  other  wires  or cables, pipe lines, water mains and other conduits
    
      and mechanical equipment, not inconsistent with the appropriate  use  of
      the  thruways, or to contract for such construction; and upon such terms
      and conditions as the board shall determine, to lease all or any part of
      such  property and facilities or the right to use the same, whether such
      facilities are constructed by the authority or under a contract for such
      construction, or to lease the right to construct and use such facilities
      or to grant permits or easements for such purposes to  any  governmental
      agency  of the state of New York or to any public corporation, or to the
      United States of America or any  governmental  agency  thereof  for  any
      public  purposes  or  to  individuals,  partnerships  and  corporations,
      provided, however, that no lease or renewal thereof shall be granted for
      a period of more than thirty years from the  date  when  such  lease  is
      made;
        12.  To  borrow  money  and  issue  negotiable  notes,  bonds or other
      obligations and to provide for the rights of the holders thereof;
        13. To enter on any lands, waters, or  premises  for  the  purpose  of
      making borings, soundings, and surveys;
        14.  To  accept  any  gifts or any grant of funds or property from the
      federal government or from the state of New York or any other federal or
      state public body or political subdivision or any other  person  and  to
      comply with the terms and conditions thereof;
        15. To do all things necessary or convenient to carry out its purposes
      and exercise the powers expressly given in this title.