Section 1299-GG. General powers of the authority  


Latest version.
  • A. 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  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 a general manager, who shall serve at  the  pleasure  of
      the  authority,  and  such  officers  and employees as the authority 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,  management  or   technical
      services and advice; such general manager, 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 and shall
      undertake a study of the port potential of Sodus Bay and shall undertake
      a feasibility study of the merging of the Rochester-Monroe  County  Port
      Authority into the Rochester-Genesee Regional Transportation Authority.
    
        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;
        13.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.
        14.  To  enter  into  collective  bargaining  agreements  with   labor
      representatives duly elected by the employees of the authority.
        15. To insure or provide for the insurance of the authority's property
      or  operations  as  required by law and also against such other risks as
      the authority may deem advisable.
        B. The authority shall file in  the  office  of  the  commissioner  of
      transportation  of the state of New York annual reports, after the close
      of each of the authority's fiscal years, which shall be open  to  public
      inspection.  Such  reports shall include, in addition to any information
      which the commissioner may require, a  statement  with  respect  to  its
      operations including the following data:
        (a) Cost breakdown of real property acquired;
        (b) Cost breakdown in appropriate units of facilities acquired;
        (c) Operating revenues;
        (d) Operating expenses.
        The  authority  shall  also  file copies of such reports with the city
      council of the city of Rochester and with the county legislative  bodies
      in all counties where such authority operates.
        * NB There are 2 § 1299-gg's