Section 1299-E. General 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 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 in 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;
        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  such officers and employees as it 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  or  technical  services  and
      advice;  such  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;
        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;
        12-a.  By  a  certificate  filed  in  its office, from time to time to
      delegate to any member, officer or employee of the authority  the  power
      to  conduct any investigation or hold any hearing which the authority is
      authorized or required to conduct or to hold by any  provision  of  this
      title;  and the person so designated shall have all of the powers of the
      authority in the conduct of such investigation or the  holding  of  such
      hearing;
        13.  To  appoint  or  designate one or more persons for the purpose of
      enforcing rules and regulations established by  the  authority,  and  to
      compel the observance of law and order on the properties, facilities and
      improvements  of  the authority for the protection and administration of
      such property, facilities and improvements,  and  the  traveling  public
      using  such  facilities.  Each  person  as  and  when  so  appointed  or
      designated shall be known as  (a)  a  "Niagara  frontier  transportation
      authority security officer or patrolman" and shall be a peace officer as
      set  forth  in  subdivision  forty-five  of section 2.10 of the criminal
      procedure law, or a police officer within  the  purview  of  subdivision
      thirty-four  of  section  1.20  of  the  criminal procedure law or (b) a
      "ticket inspector" and shall not be a peace officer or a police  officer
      but,  when  so designated or appointed, shall be authorized to issue and
      serve appearance tickets pursuant to  section  150.20  of  the  criminal
      procedure  law  with  respect  to violations of rules and regulations so
      established.
        13-a. To make application to the Foreign-Trade Zones Board established
      by the act of  congress,  approved  June  eighteenth,  nineteen  hundred
      thirty-four,   entitled  "An  act  to  provide  for  the  establishment,
      operation and maintenance of foreign trade zones in ports  of  entry  of
      the  United  States, to expedite and encourage foreign commerce, and for
      other purposes", for a grant to  such  authority  of  the  privilege  of
      establishing, operating and maintaining a foreign-trade zone on premises
      located within the transportation district of the authority, pursuant to
      the  provisions  of  such  act,  and  if such application be granted, to
      accept such grant and to establish, operate and maintain  such  zone  in
      accordance  with  state  and federal law; and to enter into contracts or
      leases covering all arrangements involving the establishment,  operation
      and  maintenance  of such zones with and within the counties of Erie and
      Niagara which counties are hereby authorized to enter into contracts and
      leases with the authority subject  to  such  rules  and  regulations  as
      promulgated by federal authority.
        14.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.