Section 1299-F. Special powers of the authority  


Latest version.
  • In order to effectuate the
      purposes of this title: 1. The authority may acquire, by purchase, gift,
      grant, transfer, contract or lease, any transportation facility,  wholly
      or  partially within the Niagara Frontier transportation district or any
      part thereof, or the use thereof, and may enter into any  joint  service
      arrangements  as  hereinafter  provided.  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
      members of the authority then in office.  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 Buffalo and Fort Erie  public
      bridge  authority, to accept and receive any such interest therein as it
      may have been or may hereafter be designated by  the  state  by  law  to
      receive,  and  in  respect  thereof, except as otherwise provided by the
      designating statute, 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  transportation  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, the state, any state agency,
      the federal government, any other state  or  agency  or  instrumentality
      thereof,  any public authority of this or any other state, any political
      subdivision or municipality of the state, or the nation.  In  connection
      with  the  operation  of any such transportation 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
      transportation facility and related services operated by  the  authority
      or by a subsidiary corporation of the authority or under contract, lease
      or  other  arrangement,  including  joint service arrangements, with the
      authority. Any such fares, tolls, rentals, rates, charges or other  fees
      for  the  transportation  of passengers shall be established and changed
      only if approved by resolution of the authority adopted by not less than
      a majority of the whole number of  members  of  the  authority  then  in
      office  and  only  after a public hearing, provided however, that fares,
      tolls, rentals, rates, charges or other fees for the  transportation  of
      passengers  on  any  transportation  facility which are in effect at the
    
      time that the then owner  of  such  transportation  facility  becomes  a
      subsidiary corporation of the authority or at the time that operation of
      such  transportation  facility  is  commenced  by  the  authority  or is
      commenced  under  contract,  lease  or other arrangement including joint
      service arrangements, with the authority  may  be  continued  in  effect
      without  such  a hearing. Such fares, tolls, rentals, rates, charges and
      other fees shall be established as may in the judgment of the  authority
      be  necessary  to  maintain the combined operations of the authority and
      its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said
      operations  shall be deemed to be on a self-sustaining basis as required
      by this title, when the authority is able to pay or  cause  to  be  paid
      from  revenue  and any other funds or property actually available to the
      authority and its subsidiary corporations (a) as the same  shall  become
      due,  the  principal  of  and  interest on the bonds and notes and other
      obligations of  the  authority  and  of  such  subsidiary  corporations,
      together  with the maintenance of proper reserves therefor, (b) the cost
      and expense of keeping the properties and assets of  the  authority  and
      its  subsidiary  corporations  in good condition and repair, and (c) the
      capital and operating expenses  of  the  authority  and  its  subsidiary
      corporations.   The authority may contract with the holders of bonds and
      notes with respect to the exercise of  the  powers  authorized  by  this
      section.
        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 regulations
      including 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 transportation facility and
      related services operated by the authority or under contract,  lease  or
      other  arrangement,  including  joint  service  arrangements,  with  the
      authority. Such rules and regulations governing the conduct  and  safety
      of  the public shall be filed with the department of state in the manner
      provided by section one hundred two of the executive law. In the case of
      any conflict between any  such  rule  or  regulation  of  the  authority
      governing  the  conduct  or  safety  of  the  public  and any local law,
      ordinance, rule or regulation, such rule or regulation of the  authority
      shall prevail. Violation of any such rule or regulation of the authority
      governing  the  conduct  or  the  safety  of  the  public in or upon any
      facility of the authority shall  constitute  an  offense  and  shall  be
      punishable by a fine not exceeding fifty dollars or imprisonment for not
      more than thirty days or both, or may in the alternative be designated a
      transit   infraction   punishable  by  the  imposition  by  the  transit
      adjudication bureau established pursuant to the provisions of this title
      of a civil penalty in an amount for any one violation of not  to  exceed
      two  hundred  fifty  dollars,  exclusive  of  interest or costs assessed
      thereon, in accordance with a schedule of such  penalties  as  may  from
      time  to time be established by the authority. There shall be no penalty
      or increment in fine by virtue of a respondent's timely exercise of  his
      right to a hearing or appeal.  The rules may provide, in addition to any
      other sanctions, for the confiscation of tokens, tickets, cards or other
      fare  media  that have been forged, counterfeited, improperly altered or
      transferred, or otherwise used in a manner inconsistent with such rules.
        5. The authority may acquire, hold, own, lease, establish,  construct,
      effectuate,  operate,  maintain, renovate, improve, extend or repair any
      of its facilities through, and cause any one  or  more  of  its  powers,
      duties,  functions or activities to be exercised or performed by, one or
      more wholly owned subsidiary  corporations  of  the  authority  and  may
      transfer  to or from any such corporation, or between such corporations,
    
      any moneys, real property or other  property  or  the  services  of  any
      officers,  employees  or  consultants  for  any  of the purposes of this
      title. The directors or members  of  each  such  subsidiary  corporation
      shall  be  the  same  persons  holding  the  offices  of  members of the
      authority. Each such subsidiary corporation and  any  of  its  property,
      functions  and  activities shall have all of the privileges, immunities,
      tax exemptions  and  other  exemptions  of  the  authority  and  of  the
      authority's  property,  functions  and  activities. Each such subsidiary
      corporation shall be subject to  the  restrictions  and  limitations  to
      which  the  authority  may  be subject. Each such subsidiary corporation
      shall be subject to suit  in  accordance  with  section  twelve  hundred
      ninety-nine-p  of  this  title.  The  employees  of  any such subsidiary
      corporation, except those who are also employees of the authority, shall
      not be deemed employees of the authority.
        If the authority shall determine that one or more  of  its  subsidiary
      corporations  should  be in the form of a public benefit corporation, it
      shall create each such  public  benefit  corporation  by  executing  and
      filing with the secretary of state a certificate of incorporation, which
      may  be  amended  from time to time by filing, which shall set forth the
      name of such public benefit subsidiary corporation,  its  duration,  the
      location  of  its  principal  office,  and any or all of the purposes of
      acquiring, owning, leasing,  establishing,  constructing,  effectuating,
      operating,  maintaining,  renovating,  improving, extending or repairing
      one or more facilities  of  the  authority.  Each  such  public  benefit
      subsidiary  corporation  shall be a body politic and corporate and shall
      have all those powers vested in the authority by the provisions of  this
      title  which the authority shall determine to include in its certificate
      of incorporation except the power to contract indebtedness.
        Any other  provision  of  law  to  the  contrary  notwithstanding  the
      authority  may  elect  to  maintain  consolidated records of account for
      itself and its subsidiary corporations and to report on  a  consolidated
      basis  with regard to the moneys and activities of the authority and its
      subsidiary corporations, and the authority shall not be required to keep
      separate records of account for or to report separately with  regard  to
      moneys  or  activities  of  any of its subsidiary corporations or of the
      authority itself apart from its subsidiary corporations or  with  regard
      to  transfers  of  property  or  services  between the authority and its
      subsidiary corporations or between said subsidiary corporations.
        The Niagara Frontier port authority shall be deemed to be a subsidiary
      corporation for the purposes of this subdivision.
        Whenever any state, political subdivision,  municipality,  commission,
      agency, officer, department, board, division or person is authorized and
      empowered  for any of the purposes of this title to co-operate and enter
      into agreements with the authority such  state,  political  subdivision,
      municipality,  commission,  agency, officer, department, board, division
      or person shall have the same authorization and power for  any  of  such
      purposes  to  co-operate  and  enter  into  agreements with a subsidiary
      corporation of the authority.
        6. The authority, in its own name or in the name  of  the  state,  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  whatever,  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
      transportation 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, heretofore or hereafter  adopted,  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.  Each  municipality  or
      political subdivision, including but not  limited  to  a  county,  city,
      village,  town  or district in which any facilities of the authority are
      located shall provide  for  such  facilities  police,  fire  and  health
      protection  services  of  the  same  character and to the same extent as
      those  provided  for  residents  of  such  municipality   or   political
      subdivision.
        The  jurisdiction, supervision, powers and duties of the department of
      transportation of the state  under  the  transportation  law  shall  not
      extend  to the authority in the exercise of any of its powers under this
      title. The authority may agree with such department 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 by one of its  subsidiary  corporations  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,  except  that
      the authority's share of such costs shall be borne by the state.