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1. Article Addressed to:
E] No
133
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I
s*ntt°Senate Home Rule Counsel
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ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 15, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Home Rule Counsel
Senate Post Office
The Capitol
Albany, New York 12224
Dear Sir:
Transmitted herewith are two (2) copies of a Home Rule Request from the
Southold Town Board requesting the enactment of Senate Bill S.1782 and two (2)
copies of Home Rule Request from the Southold Town Board requesting the
enactment of Assembly Bill A. 1329.
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March 12, 2013.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
/ljc
Enclosures
cc: Senator LaValle
Assemblyman Thiele
700 ~ O~dO oc~-~ ~ 78~20 ocq~:~-
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 15, 2013
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
Home Rule Counsel
Assembly Post Office
The Capitol
Albany, New York 12224
Dear Sir:
Transmitted herewith are two (2) copies of a Home Rule Request from the
Southold Town Board requesting the enactment of Assembly Bill A. 1329and two
(2) copies of Home Rule Request from the Southold Town Board requesting the
enactment of Senate Bill S.1782.
Also enclosed is a certified copy of the resolution which was passed by the
Southold Town Board at its meeting held March 12, 2013.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
/ljc
Enclosures
cc: Senator LaValle
Assemblyman Thiele
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
ltOME RULE RF, OUES'I'
(Request by a Local Government for Enactment of a Special Law)
To the Legislature: Town
Pursuant to Article IX of the Constitution, the
Southoid requests the enactmem of se~e bill(No.S.1782
entitled" AN ACT to amend the public authorities law, in relation to the creation of the Peconic Bay
Regional transporlation authorily.
of
EXPLANATION
(if space below is not sutli~ient, use separate sheet ~ed attach he~)
Such request is made by: (Check apptOlmatc box)
[3 The chie~ e~eeulive ol~cet of such local government, concuntd in by a mjo6ty ef the letml memberdtip
of Ibc local le.~slative body. (~ee p~'a&raph A below)
READ BEFORE SIGNING
A. If the m:lue~t is made by the chief executive e~ficet and concurred in by a. majmity at the total mem.
be .~. hip ~ Ib.e. l~al ~e~s~tive b~dy~ b~th tbe chief ~e~`~u~ve ~"f~?r and th~ c~e~ ~{ Ibe ~ea~ ~e~a1ive
body mint alga below. In tach case uae the word majority' below even though the v~e may have
been ~.ater.
B, If t~e request .is made by the local legislative b~dy, at ~ tx~-thirds ~ the ~ membership there~
havreS voted in favor of such tequer~ only the clerk ~ the local kgialafive body mint ~i~n .below.
In such case uae the words "two-thirds" below.
~ EXF, CUT~E omcER'S SIGNATURE
(Signed)
March 13 ,20. 13
Date:
CLERK'S CERTIFICATION
I, Elizabeth A. Neville , do hereby certify that l am Clerk of the (
Town Board of the__Town
of Southold a~d that on the 12th dayof. March
20 13 , such legislative body, at lea~t a ~o~h~e, of the to~l membership having voted in favor thereof,
(~ Elizabeth A. Neville
Date: March 13 ,20 13
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Requ~tby a LocalGovernmentfor Enactmentofa Sp~ialLaw)
To the Legislature: Town
Pursuant to Article IX of the Constitution, the
Southold yeques, ts the enactment of n~y bill (No.A. 1329
entitled" AN ACT to amend the public authorities law, in relation to the creation of the Peconic Bay
Regional transportation authority.
of
),
It is hcrehy declared that a necessity exists for the enactment of such [egidatio~, and that the facts
establishing such wcessity arc as follows: (Check-appropriate box)
~ The local government does not have the power to enact such legislation by lo,al law.
[~] Other facts, as set forth in the following "Explanatioo" establish such necessity.
~AT1ON
(If sp~e below is not sufficient, use ~eparate sheet ~nd attach here)
Such aqu~st is made by: (Check appropriate box)
~-~ The chief executive ~cet of such locaJ ~ovCnm,.cnt, concurred in by a majority of the I~al membership
of the loc. al legislative body. (Se~ pa~ngraph A below)
READ BEFORE SIGNING
A. If the request is made by the chief ezecofive officer and concurred in by a' majority of the total mem-
bership of th~ local legislative f~dy, both fhe chief _e~l. fiv~. .,~. ?_r ond th~ clerk of the ~
body must $15n below. In such case use the word "majority below even though the vote may have
(Signed)
Date: March 13 ,20. 13
CLERK'S CERTIFICATION
I, Elizabeth A. Neville , do hereby ce~nify that l am Clerk of tbe ( )
Town Board of the Town
of Southold and that on thc 12th .day of March
20 13 , such legislative body, at least a . ! of the total membership having voted in favor thereof,
approved the foregoing request.
(Signed) ·
co~ Elizabeth A. Neville
Date: March 13 ,20 13
RESOLUTION 2013-226
ADOPTED
DOC ID: 8648
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-226 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 12, 2013:
WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.1782 and
Assembly Bill A.1329 and
WHEREAS, the bill would create the Peconic Bay Regional Transportation Authority; now,
therefore be it
RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of
Southold hereby requests the enactment of Senate Bill S.1782 and Assembly Bill A. 1329
entitled "AN ACT to amend the public authorities law~ in relation to the creation of the
Peeonic Bay Regional Transportation Authori ,ty".
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO Il
MOVER: James Dinizio Jr, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Dinizio Jr, Doherty, Talbot, Evans, Russell
NAYS: William Ruland
Copies mailed to both of LaVaile's Offices and both of Thiele's Offices
RETRIEVE BILL Page 1 of 2
SPONSORS MEMO:
NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NU~4BER: S1782
SPONSOR: LAVALLE
FEB 2 8 ,T.~13
Southo/d Town Clerk
TITLE OF BILL: An act to amend the public authorities law, in
relation to the creation of the Peconic Bay regional transportation
authority
PURPOSE OR GENERAL IDEA OF BILL: This bill would create the Peconic
Bay Regional Transportation Authority.
SUM~Ry OF SPECIFIC PROVISIONS: Article 5 of the public authorities
law is amended by adding a new title ll-E.
JUSTIFICATION: The East End of Long Island possesses a unique infras-
tructure and population. Local towns and residents have had a longstand-
ing disappointment with the Long Island Rail Road and its inaction and
inattentiveness to problems on the East End. It is the goal of this
legislation to create a regional transportation authority that is famil-
iar with and can concentrate on local, regional transportation matters.
Its purpose will be the continuance, further development, and improve-
ment of transportation and other related services.
The Peconic Bay regional transportation district shall be comprised of
the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, South-
ampton and Southold. The six members of the Authority would be the town
supervisors (or their appointed designee) of each of these towns - one
of which would be elected chairperson by the members.
The Authority will be responsible for the preparation of a plan relating
to the continuance, further development and improvement of transporta-
tion and other related services of the District. The plan would discuss
transportation alternatives ~ncluding, but not limited to, creation of
park and rail facilities, establishment of shuttle trains, addition of
more nonstop trains from New York City to the Peconic Bay, and reconfig-
uration of the county-wide bus system.
PRIOR LEGISLATIVE HISTORY: 2011-12: A.1403A/S.1450A;Corporations,
Authorities and Commissions Committee 2009-10: A.4665A/S.7036; Corpo-
rations, Authorities and Commissions Committee 2007-08: A.1018; Corpo-
rations, Authorities and Commissions Committee 2005-06: A.3318; Corpo-
rations, Authorities and Commissions Committee 2003-04: A.9650;
Corporations, Authorities and Commissions Committee
FISCAL IMPLICATIONS: None.
http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/28/2013
RETRIEVE BILL Page 2 of 2
EFFECTIVE DATE: This act shall take effect on the first day of January
next succeeding the date on which it shall have become a law.
http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/28/2013
t~age ! o~ 2z
BILL TEXT:
STATE OF NEW YORK
S. 1782
2013-2014 Regular Sessions
SENATE ASSEMBLY
(Prefiled)
January 9, 2013
A. 1329
FEB 2 8 2013
Southold Town Clerk
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Corporations,
Authorities and Commissions
IN ASSEMBLY -- Introduced by M. of A. THIELE -- Multi-Sponsored by -- M.
of A. ENGLEBRIGHT -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the creation
of the Peconic Bay regional transportation authority
The People of the State of New York~ represented in Senate and Assem-
bly, do enact as follows:
2
3
4
5 Section 1349-a.
6 1349-b.
7 1349-c.
8 1349-d.
9 1349-e.
10 1349-f.
12 1349-q.
14 1349-h.
16 1349-j.
17 1349-k.
19 1349-m.
Section 1. Article 5 of the public authorities law is amended by
adding a new title ll-E to read as follows:
TITLE ll-E
PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY
Short title.
Definitions.
Peconic Bay regional transportation district.
Peconic Bay regional transportation authority.
Purposes of the authority.
Formulation, filinq and adoption of master plan~ araend
Filing five year perfo~mn~ce, capital and operatinq
finance plans.
General powers of the authority.
Special powers of the authority.
Acquisition and disposition of real property.
Cooperation and assistance of other agencies.
Notes and bonds of the authority.
Reserve funds and appropriations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[--] is old law to be omitted.
LBD01622-01-3
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S. 1782
2
A. 1329
1349-n.
1349-o.
1349-p.
1349-q.
1349-r.
1349-s.
1349-t.
1349-u.
A~reement of the state.
Right of state to require redemption of bonds.
Remedies of noteholders and bondholders.
1349-v.
1349-w.
1349-x.
1349-y. Effect of inconsistent provisions.
§ 1349-a. Short title. This title may be cited as
Regional Transportation Authority Act".
Notes and bonds as legal investment.
Exemption from taxation.
Actions against the authority.
A~reements relating to payment in lieu of taxes.
Interest of members or employees of authority
contracts prohibited.
Fiscal year.
Consent by the state.
Separability.
the "Peconic
Bay
1349-b. Definitions. As used or referred to in this title, unles~ a
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different meaning clearly appears from the context:
1. "Authority,, shall mean the corporation created by section thirtee~
hundred forty-nine-d of this title.
2. "Transportation district" and "district" shall mean the Peconic Bay
regional transportation district created by section thirteen hundre,]
forty-nine-c of this title.
3. "Participating town" shall mean any of the towns defined in section
thirteen hundred forty-nine-c of this title.
4. "Federal ~overrunent. shall mean the United States of America, an,]
any officer, department, board, commission, bureau, division, corpo
ration, agency or instr,,m~ntality thereof.
5. "Governor" shall mean the governor of the state of New York.
6. "Comptroller" shall mean the comptroller of the state of New York.
7. "Director of the budget" shall mean the director of the budqet
the state of New York.
8. "State" shall mean the state of New York.
9. "State agency" shall mean any officer, department, board, commis-
sion, bureau, division, public benefit corporation, agency or instr~m~-
tality of the state.
10. "Municipality,, shall mean a city, town, village or county noL
wholly contained within a city.
11. "Municipal corporation,, shall mean a city, town, villaqe, county
not wholly contained within a city, special transportation district,
public benefit corporation or other public corporation, or two or
of the foregoing acting jointly.
12. "Personal property" shall mean chattels and other tanqible thinq"
of a movable or removable nature.
13. "Property" shall mean both real and personal property.
14. "Master plan" shall mean an action plan for imp]mm~ntation or
improvements to such means of public transportation and related service~
by omnibus, railroad and marine and aviation facilities as the authority
48 may contemplate within the Peconic Bay Reqional Transportation Districl.
49 to effectuate the purposes of this title.
50 15. "Joint service arrangement,, shall mean agreements between or amon,l
51 the authority and any common carrier or freight forwarder, the state~
52 any state agency~ the federal ~overnment, any other state or agency o~'
53 instrumentality thereof, any public authority of this or any othe,
54 starer or any political s~J0division or municipality of the stater relat
55 ins to property, buildings, structures, facilities, services, rates,
56 fares, classifications, divisionst allowances or charges (includin,I
http://leginfo.state.ny.us/asmsen/bstfrmel.cgi 1/28/2013
Page 3 of 22
S. 1782
3
A. 1329
1 charges between operators of railroad, omnibus, marine and aviati~,u
2 facilities), or rules or regulations pertaining thereto, for or ~,,
3 connection with or incidental to transportation in part in or upon rail
4 road, omnibus, marine or aviation facilities located within the districl
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5 and in part in or upon railroad, omnibus, marine or aviation facilitie,~
6 located outside the district.
7 16. "Project" shall mean any undertaking by the authority within the
8 district includinq but not limited to port or harbor facilities, trane-
9 portation properties, access and service roads and bridges, equipment,
10 appurtenances, utilities, airport facilities and any other improv-m~nt
11 under authority jurisdiction within the reqional district.
12 17. "Facility', shall mean, among other things, such properties, struc-
13 tures, appurtenances, utilities, terminals~ wharfs~ docks, piers, rail-
14 road trackage, warehouses, elevators, equipment for handling freight an,]
passengers and vehicles and such other works, properties, buildings
allied items necessary or desirable in connection with development~
o~peration, maintenance or improvement of port, airport and public trans-
portation needs for the accommodation, safety or comfort of the publS~
and commercial enterprise for the regional transportation district.
18. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,
marine or surface craft, motors, boilers, engines, and other instrumen
talities used or useful therefor or in connection therewith.
19. "Omnibus facilities,, shall mean motor vehicles, of the ty~e oper
ated by carriers subject to the jurisdiction of the public servic
commission, engaged in the transportation of passengers and thei,
baggage, express and mail between points within the district or pursuan~
to joint service arrangements, and equipment, property, buildings,
structures, improvements, loadinq or unloading areas, parking areas~
berthing facilities or other facilities, necessary, convenient or deslr
able for the accommodation of such motor vehicles or their passenqers~
including but not limited to buildings, structures and areas notwlth-
standinq that portions may not be devoted to any omnibus purpose other
than the production of revenues available for the costs and expenses
all or any facilities of the authority.
20. "Railroad facilities" shall mean riqht-of-way and related track-
age, rails, cars, locomotives, other rolling stock, signal, power, fuel,
co~anunication and ventilation systems, power plants, stations, termi-
nals~ storage yards~ repair and m~tenance shops, yards, equipment and
parts, offices and other real estate or personalty used or held for ¢,,
incidental to the operation, rehabilitation or improvement of any rail
road operating or to operate between points within the district o,'
pursuant to ~oint service arrangements, including but not limited tn
buildings, structures, and areas notwithstandinq that portions thereof
may not be devoted to any railroad purpose other than the production of
revenues available for the costs and expenses of all or any facilities
of the authority.
21. "Real property" shall mean lands, structures, franchises an~]
interests in lands, waters, lands under water, riparian riqhts and any
and all things and riqhts included within said term and includes
only fees simple absolute but also any and all lesser interests includ
~ng but not limited to easements, rights-of-way, uses, leases~ license~;
and all other incorporeal hereditaments and every estate, interest o,
right, legal or equitable, including terms for years and liens thereo,,
by way of judqments, mortgages or otherwise.
22. "Marine and aviation facilities" shall mean equipment and craf~
for the transportation of passenqers, mail and car~o between points fr,,,,,
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S. 1782
4 A. 1329
1 and to and within the district or pursuant to joint service arrange
2 ments, by marine craft and aircraft of all types including but not
3 limited to hydrofoils, ferries~ lighterst tugs, bargesf helicopters,
4 amphibians, seaplanes or other contrivances now or hereafter used
5 navigation or movement on waterways or in the navigation of or flight
6 airspace. It shall also mean any airport facility within the transporta
7 tion district, including but not limited to any facility or real proper
8 ty necessary, convenient or desirable for the landing, taking off~
9 accommodation or servicing of such aircraft, and shall include such
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facilities, property, structures and appurtenances as may be necessary
or convenient in the operation, maintenance, development or improvemenl
of airports including facilities, property, structures, and appurtenanc
es, leased by the authority to persons, firms or corporations engaged i__n
air transportation or the production or development of materials, good~.~
or equipment for airports or air transportation or in providing facil4-
ties for the acco~u~odation, safety or comfort of the traveling publi~*
and for purposes related or incidental to one or more of the foregoing
purposes. It shall also mean port facilities in the transportation
district including~ but not limited toy (a) one or more docks, eleva
tots, wharves, piers, bulkheads, slips, basins, harbors, railroad
connections, side tracks or sidings, freight terminals, warehouses~
bridges, tunnels~ and areas for storaqe of cargoes, materials~
wares, and merchandise of any kind and for the loadinq, unloading,
interchanqe or transfer of any such cargoes, materialst goods, wares an,]
merchandise; (b) other'buildinqs, structures, facilities or improvementm
necessary to accommodate steamships or other vessels and their cargoe~
or passengers~ and (c) all real and personal property, driveways, roads~
approaches, mechanical equipment and all appurtenances and facilities
either on, above or under the ground which are necessary~ convenient
desirable for the development~ control and operation of port facilities
in the transportation district.
23. "Transportation facility,, shall mean any railroad, omnibus, marir ~
or aviation facility and any person, firm, partnership, association or
corporation which owns, leases or operates any such facility or any
other facility used for service in the transportation of passengerst
United States mail or personal property as a common carrier for hire an,]
any portion thereof and the rights, leaseholds or other interest thereit~
to~ether with routes, tracks~ extensions, connections, parking lots,
garages, warehouses, yards, storage yards, maintenance and repair shops,
terminals, stations and other related facilities thereof, the devices,
appurtenances~ and equipment thereof and power plants and other instru
mentalities used or useful therefor or in connection therewith.
24. "Commissioner,, shall mean commissioner of transportation of th.'
44 state of New York.
45 ~ 1349-c. Peconic Bay regional transportation district. There is here
46 by created and established a transportation district to be known as tho
47 Peconic Bay regional transportation district. This district shall
48 embrace the towns of Brookhaven, East w~pton, Riverhead, Shelte¥
49 Island, Southampton~ and Southold in the county of Suffolk. The trans
50 portation district shall also include all lands and water and all land?
51 under water and all rivers~ bays and harbors, within any of the towns of
52 said district.
53 § 1349-d. Peconic Bay regional transportation authority. 1. There i~
54 hereby created the Peconic Bay regional transportation authority. Tho
55 authority shall be a body corporate and politic constitutin~ a public
56 benefit corporation. It shall consist of six members with one membe~
http://leginfo.state.ny.us/asmsen/bstfrmel.cgi 1/28/2013
Page 5 of 22
S. 1782 5 A. 1329
1 from each town in the regional transportation district. The town super
2 visor of each town, or a designated representative appointed by the tow,,
3 supervisor shall be a member. The members shall elect one of its m-mher
4 as chairperson.
2. The members of the authority, includinq the chair, shall nol
receive a salary or other compensation when rendering service as
member of the authority or as a member of one of its subsidiary corpo
rations~ but shall be entitled to reimbursement for actual and necessary
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9 expenses incurred in the performance of their official duties.
10 3. A majority of the whole number of votes of members of the authority
11 shall constitute a quorum for the transaction of business or the exer-
12 cise of any power of the authority. Except as otherwise specified ~,,
13 this title, for the transaction of any business or the exercise of any
14 power of the authority, the authority shall have power to act by
15 majority vote of the members present at any meeting at which a quorum
16 in attendance. Each member of the authority shall have one vote.
17 4. The authority shall be a "state agency" for the purposes
18 sections seventy-three and seventy-four of the public officers law.
19 5. The authority shall continue so long as it shall have bonds o,
20 other obliqations outstandin~ and until its existence shall be termi
21 hated by law. Upon the termination of the existence of the authority,
22 all its rights and properties shall pass to and be vested in the state.
23 ~ 1349-e. Purposes of the authority. 1. The purposes of the authority
24 shall be the continuance, further development and imDrovement of trane-
25 portation and other services related thereto within the Peconic Bay
26
regional transportation district, by railroad, omnibus, marine and alr~
27 in accordance with the provisions of this title.
28 2. It is hereby found and declared that such purposes are in all
29 respects for the benefit of the people of the state of New York and th'
30 authority shall be regarded as performing an essential qovernments~
31 function in carrying out its purposes and in exercisin~ the powez~
32 granted by this title.
33 § 1349-f. Formulation, filing and adoption of master plan; ~m~n~mmnte'
34 The authority shall formulate a master plan for transportation withi,,
35 the district. In formulatinq such master plan~ the authority shal~
36 consult and cooperate with the commissioner and plannin~ authorities i,,
37 the areas of its operations, and shall utilize state, local or regional
38 transportation planning. The authority shall request and use existin,;
39 studies, plans, surveys, data and other materials completed by or unde,
40 development by any state aqency or municipality or political subdivision,
41 of the state. The authority shall file copies of such plan with th
42 commissioner, the Suffolk county plannin~ board, the town board of eac],
43 town within the reqional transportation district, and the legislature
44 the county of Suffolk. The plan shall contain information re~ardin~ th
45 transportation system that the authority intends to provide includin:.;
46 information regardln~ the facilities connected therewith, the servic%~
47 the authority contemplates providin~ and the estimated costs and
48 proposed method of financinq. Durin~ sixty days after the filin~ of
49 master plan with the commissioner~ in the office of the Suffolk county
50 plannin~ board, with the town boards of the towns within the regional
51
transDortation district, and with the legislature of Suffolk county~
52 aforesaid, said plan shall be available for public inspection at
53 office or offices of the authority and at such other places in the town..
54 affected, within the district, as the authority may deslqnate.
55 earlier than thirty days after the filing of said master plan with th
56 commissioner, the Suffolk county p]~nn~nq board, the town boards, an,]
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Page6of22 '
S. 1782
A. 1329
i the leqislature of Suffolk county, a public hearing on said plans shall
2 be held by the authority. Notice of such a hearing shall be given
3 the comx~issioner, the Suffolk county planning board~ the town boards,
4 and the legislature of the county of Suffolk, as aforesaid and by publi
5 cation once a week for two weeks prior to the said hearinq at the tin..
6 and place fixed by tha authority in newspapers of general circulatlo,,
7 within the areas affected, to be selected by tho authority. The lasl
8 publication data shall not be lees than five days befora said hearing.
9 Within thirty days following said public hearing, the authority shall
10 provide a transcript of such hearinq to the cnmmlssioner, the Suffolk
11 county planninq board~ each town board, and the legislature of the coun
12 ty of Suffolk as aforesaid, together with any ameD~ts the authority
13 may propose to the master plan. The authority shall request approval of
14 the master plan, including such amandments as the authority may propose,
15 from each town board and the c~mmlssioner. Any part of said plan which
16 is disapproved by a town because it altars existinq services or th,.
17 financinq thereof within said town shall not become operative. Thi~:
18 disapproval of part or parts of the plan shall not make the entire pl~
19 inoperative. Any part of said plan which is disapproved by the comm~
20 eisner bacause it conflicts with a state-wide comprehensive maeter pla,',
21 for transportationt or in the absence of such plans, would have
22 adverse effect upon sound transportation development policy and plan-
23 ninq, shall not become operative. If the said town boards fail to scl
24 within said sixty days or in the case of the com=~issioner within forty
25 days after approval is requested, ~aid failure shall be deemed approval~
26 and the authority may adopt the master plan by a majority vote of it.~
27 membership and may include chanqes, if any, reco~mlended by the co~u~is
28 eisner, planning board or town board. The master plan may be amendad
29 from time to time in the same manner using the procedures outlined
30 this section for the oriqinal adoption, except that proposed change..
31 made by the authority upon recn~m~ndations of the co~lalissioner, said
32 town boards or Suffolk county plann{ng board in the first plan may h.
33 embodied or continued by a majority vote of the authority without addi
34 tional hearings thereon as required for the ame~Sm~nte proposed to k
35 made. '
36 ~ 1349-~. Filin~ five year performance, capital and operatin~ financ.'
37 plans. 1. (a) On or before January first, two thousand fifteen, an,1
38 annually thereafter on or before January firstt the authority shall
39 adopt an operational performance plan for the five-year period comlmenc
40 in~ January first. The plan shall set operational performance plan qoal,
41 and objectives, and shall establish performance indicators to measur
42 standards of service and operations. The perfo~a~ce indicators shall
43 include: revenue passengers~ total passengers, revenue vehicle miles~
44 revenue vehicle hours~ nua[ber of employees by department, vehicle mss,,
45 distance between failures, on-time performance for total servic~
46 provided, the cost per passenger, the cost per revenue vehicle mile
47 the operating-revenue-to-cost ratio.
48 (b) Quarterly reports shall be prepared for authority m~hgrs on oper-
49 atinq performance. The first such report shall cover the three-month
50 period conunencing January first, two thousand fifteen and shall bo
51 submitted no later than thirty days after the end of the quarter. There-
52 after, quarterly reports shall be submitted on the last day of January,
53 April, July, and October of each year. The report shall compare thn
54 performance indicators for the most recent quarter and the year-to-darn
55 performance indicators with the same time period in the previous yea=
56 with the annual qoals established pursuant to this subdivision.
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1 ' 2. (a) On or before January first, two thousand fifteen, and annually
2 thereafter on or before January first, the authority shall adopt a capl
3 tal proqram plan for the five-year period commencinq January first. T~
4 plan shall contain the capital pro~ram, separately itemized.
5 (b) The plan shall set ~oals and objectives by function for capita]
6 spending, establish standards for service and operation~ describe eac],
7 capital project to be initiated in each of the years covered by the pla,,
8 and explain how each proposed project supports the ~oals and objective
9 and the service and operational standards established in the performanc
10 plan. The plan shall list separately by function those projects contrib
11 utinq to the maintenance of the system infrastructure and those intended
12 to enhance the system. The plan shall also include an estimated cost fo,
13 each project and set forth an estimate of the amount of capital fundin,~
14 required for each year of the plan and the expected sources of such
15 fundinqo It shall also include a project schedule for the initiation an~]
16 completion of each project. Each plan subsequent to the first such pla,,
17 shall describe the current status of each capital project which has ~
18 total estimated cost of one b,~d~ed thousand dollars or more and whi~],
19 was included in the previously adopted plan.
20 (c) In addition to the annual update, a quarterly capital plan statu~
21 report shall be provided to the authority members and shall includer bul
22 not be limited to, a description of any material chan~e in the seope~
23 cost, fundinq or time of initiation or completion of a project which has
24 a total estimated cost of one hundred thousand dollars or more, a..
25 adopted in the plan. The first such report shall cover the three-month
26 period commencin9 January first, two thousand fifteen and shall b,.
27 submitted no later than thirty days after the end of the quarter. There
28 after, quarterly reports shall be submitted on the last day of January,
29 April, July~ and October of each year.
30 3. (a) On or before January first, two thousand fifteen, and annually
31 thereafter on or before January first, the authority shall adopt fi,,
32 operatin~ finance plan for the five-year period conunencinq January
33 first. The plan shall include the annual estimated operatinq cost fo,
34 each function. The plan shall include the proposed method of financin,I
35 for the level of service defined for each year of the plan and shall
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fully allocate the authority's general costs to each of the above sepa
rate functions. The plan shall provide a narrative describinq the over
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all financial condition of the operatin~ budqet of the authority.
(b) In addition to the annual update, quarterly operatinq budgel
reports shall be prepared for the authority members on the financla]
condition of each of the authority's functions. The first such repor~
shall cover the three-month period co~encinq January first, two thou
sand fifteen and shall be submitted no later than thirty days after th
end of the quarter. Thereafter, quarterly reports shall be submitted
the last day of January, April, July, and October of each year. Th
reports shall include a budgetary comparison of the most recent quarte,
and year-to-date actual revenue and expenditures with the same t~m
period in the previous year and with the projections for that time peri-
od based on the board approved budqet.
4. Any and all reports, includin~ interim reports, shall be submitte,]
to the director of the division of the budget, the commissioner and thn
town board of each town within the regional transportation district, th'
president and the temporary president of the senate and the speaker
the assembly.
§ 1349-h. General powers of the authority. 1. Except as otherwise
limited by this title~ the authority shall have power:
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1 (a) TO sue and be sued;
2 (b) To have a seal and alter the same at pleasure;
3 (c) To borrow money and issue negotiable notes~ bonds or other obli-
4 ~ations and to provide for the rights of the holders thereof;
5 (d) To invest any funds held in reserve or sinking funds~ or any
6 monies not required for ~mm~diate use or disbursement, at the discreti¢,,,
7 of the authority, in obligations of the state or the United Stat{-
8 government or obligations the principal and interest of which are guar
9 anteed by the state or the United States government; or certificates of
10 deposit of banks or trust companies or in bank or trust accounts or
11 banks in this state, secured by obligations of the United States or of
12 the state of New York of a market value equal at all times to the amounl
13 of the deposit;
14 (e) To make and alter by-laws for its organization and internal
15 management, and rules and regulations governing the exercise of itm
16 powers and the fulfillment of its purposes under this title;
17 (f) To enter into contracts and leases and to execute all instr,,m~ntn
18 necessary or convenient;
19 (g) To acquire, hold and dispose of real or personal property in
20 exercise of its powers;
21 (h) To appoint a general manager, who shall serve at the pleasure of
22 the authority, and such officers and employees that the authority may
23 require for the performance of its duties, and to fix and determin~
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their qualifications, duties, and compensation and to retain or employ
counsel, auditors, engineers and private consultants on a contract basi~I
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;
(i) (1) Notwithstanding section one hundred thirteen of the retirement'
and social security law or any other general or special law, the author-
ity 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 civ~
service law, no officer or employee of a subsidiary corporation, of th~
authority, other than a public benefit subsidiary corporation, shall bo
a public officer or a public employee;
(2) The authority and any of its public benefit subsidiary corpo
rations may be a "participating employer" in the New York state employ
ecs' retirement system with respect to one or more classes of officern
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 or her pursuant to section thirty-one of the retirement and social
security law. In takin~ any action pursuant to this paragraph, tho
authority and any of its public benefit subsidiary corporations shall
consider the coverages and benefits continued or provided pursuant to
subparagraph one of this paragraph;
(j) TO make plans, surveys~ and studies necessary, convenient or
desirable to the effectuation of the purposes and powers of the authori
~y and to prepare recommendations in regard thereto;
(k) To enter upon such lands, waters or premises as in the jud.c~nent Of
the authority may be necessary, convenient or desirable for the purposo
of making surveys, soundings~ borings and examinations to accomplish any
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1 purpose authorized by this title, the authority bein~ liable for actual
2 damages done;
3 (1) The authority may conduct investigations and hearings in th~
4 furtherance of its ~eneral purposes, and in aid thereof have access to
5 any books, records or papers relevant thereto; and if any person whosm
6 testimony shall be required for the proper performance of the duties of
7 the authority shall fail or refuse to aid or assist the authority in th~
8 conduct of any investiqation or hearing, or to produce any relevant
9 books, records or other papers, the authority is authorized to apply for
10 process of subpoena, to issue out of any court of general original
11 jurisdiction whose process can reach such person, upon due cause shown~
12 (m) To do all things necessary, convenient or desirable to carry out
13 its purposes and for the exercise of the powers granted in this title~
14 (n) TO enter into collective bargaining agreements with labor repre-
15 sentatives duly elected by the employees of the authority; and
16 (o) To insure or provide for the insurance of the authority's proper-
17 ty or operations as required by law and also against such other risks as
18 the authority may deem advisable.
19 2. The authority shall file in the office of the cnmm~ssioner annus]
20 reports, after the close of each of the authority's fiscal years, which
21 shall be open to public inspection. Such reports shall include, in addi-
22 tion to any information which the commissioner may require, a statement
23 with respect to its operations includinq the followinq data:
24 (a) Cost breakdown of real property acquired~
25 (b) Cost breakdown in appropriate units of facilities acquired;
26 (c) Operating revenues; and
27 (d) Operatinq expenses.
28 The authority shall also file copies of such reports with the town
29 board of each town within the reqional transportation district wher~
30 such authority operates.
31 ~ 1349-i. Special powers of the authority. In order to effectuate th~
32 purposes of this title:
33 1. The authority may acquire, by purchase, ~ift, grant, transfer,
34 contract or lease, or condemnation, any transportation facility, includ-
35 ing port or ~elated facilities wholly or partially within the Peconi~
36 Bay regional transportation district or any part thereof, or the usm
37 thereof, and may enter into any joint service arranqements as provided
38 in this title. Any such acquisition or joint service arranqement shall
39 be authorized only by resolution of the authority approved by not lesm
40 than a majority vote of the authority.
41 2. The authority may on such terms and conditions as the authority may
42 determine necessary, convenient or desirable itself establish,
43 construct, effectuate, operate, maintain~ renovate, improve, extend or
44 repair any such transportation facility, or may provide for such estab-
45 lishment, construction, effectuation, operation, maintenance, reno-
46 ration, improvement, extension or repair by contract, lease, or other
47 arrangement on such terms as the authority may deem necessary, conven-
48 lent or desirable with any person, including but not limited to any
49 common carrier or freiqht forwarder, the state, any state agency, thn
50 federal 9overr~ment, any other state or a~ency or instrumentality there-
51 of~ any public authority of this or any other state or any political
52 subdivision or municipality of the state. In connection with the opera-
53 tion of any such transportation facility, the authority may establish,
54 construct~ effectuate~ operate, maintain~ renovate¢ improve~ extend or
55 repair or may provide by contract, lease or other arrangement for tho
56 establishment, construction~ effectuation~ operation, maintenance~ reno
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vation~ improvement, extension or repair of any related services and
activities it deems necessary~ convenient or desirable, including bu~
not limited to the transportation and storaqe of freiqht and the United
States mail, feeder and connectinq transportation, parking areas, trane
portation centers~ ports~ stations and related facilities.
3. The authority may establish, levy and collect or cause to be estab-
lished, levied and collected and, in the case of a joint servicm
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8 arranqementr join with others in the establishment~ levy and collecti¢,,,
9 of such fares, tolls, rentals, rates, charges and other fees as it may
10 deem necessary, convenient or desirable for the use and operation of any
11 transportation facility and related services operated by the authority
12 or by a subsidiary corporation of the authority or under contract, leas.
13 or other arranqemente including joint service arranqements~ with th
14 authority. Any such fares~ tolle~ rentals, retest charges or other fee,
15 for the transportation of passengers shall be established and changed
16 only if approved by resolution of the authority adopted by not less the,,
17 a majority vote of the authority and only after a public hearing~.
18 provided however, that fares, tolls, rentals, rates, charges or othe,
19 fees for the transportation of passengers on any transportation facility
20 which are in effect at the time that the then owner of such transports
21 tion facility becomes a subsidiary corporation of the authority or a~
22 the time that operation of such transportation facility is c~m~nced by
23 the authority or is commenced under contract, lease or other arranqemenl
24 including joint service arran~mm~ts, with the authority may be contin-
25 ued in effect without such a hearing. Such fares, tolls, rentals, rates~
26 ~harges and other fees shall be established as may in the jud.c/ment Ol'
27 the authority be necessary to m~tain the combined operations of tho
28 authority and its subsidiary corporations on a self-sustainin~ basis.
29 The said operations shall be deemed to be on a self-sustaininq basis as
30 required by this title~ when the authority is able to pay or cause to
31 paid from revenue and any other funds or property actually available
32 the authority and /ts subsidiary corporations (a) as the same shal'i
33 become due, the principal of and interest on the bonds and notes an,]
34 other obligations of the authority and of such subsidiary corporations,
35 together with the maintenance of proper reserves therefor~ (b) the cos~
36 and expense of keeping the properties and assets of the authority and
37 its subsidiary corporations in good condition and repair, and (c) th
38 capital and operating expenses of the authority and its subsidiary
39 corporations. The authority may contract with the holders of bonds
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section.
4. The authority may establish and, in the case of joint servic
arrangements, join with others in the establishment of such schedule,
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct an,]
safety of the public as it may deem necessary~ convenient or desirabln
for the use and operation of any transportation facility and related
services operated by the authority or under contract~ lease or othel'
arranqement, includlnq joint service arrangements, with the authority.
Such rules and regulations ~overnin~ the conduct and safety of
public shall be filed with the department of state in the manna,
provided by section one b,~ed two of the executive law. In the case
any conflict between any such rule or regulation of the authority
governin~ the conduct or safety of the public and any local law~ ordi
hence, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or requlation of the authori
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1 ty governinq the conduct or the safety of the public in or upon any
2 facility of the authority shall constitute an offense and shall bo
3 punishable by a fine not exceeding fifty dollars or imprisonment for not
4 more than thirty days or both.
5 5. The authority may acquire, hold, own, lease, establisht construct,
6 effectuate, operate, maintain, renovate~ improve, extend or repair any
7 of its facilities through, and cause any one or more of its powers~
8 duties~ functions or activities to be exercised or performed by, one or
9 more wholly owned subsidiary corporations of the authority and may
10 transfer to or from any such corporation any moneys, real property or
11 other property for any of the purposes of this title. The directors or
12 menxbers of each such subsidiary corporation shall be the same persons
13 holding the offices of members of the authority. Each such subsidiary
14 corporation and any of its property, functions and activities shall have
15 all of the privileges, immunities, tax exemptions and other exemptionm
16 of the authority and of the authority,s property, functions and activ-
17 ities. Each such subsidiary corporation shall be subject to the
18 restrictions and limitations to which the authority may be subject. Each
19 such subsidiary corporation shall be subject to suit in accordance with
20 section thirteen hundred forty-nine-s of this title. The employees of
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any such subsidiary corporation, except those who are also employees of
the authority, shall not be deemed employees of the authority. If tho
authority shall determine that one or more of its subsidiary corpc
rations should be in the form of a public benefit corporation, it shall
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create each such public benefit corporation by executing and filing with
the secretary of state a certificate of incorporation, which may bo
amended from time to time by filing, which shall set forth the n~m~ of
such public benefit subsidiary corporation, its duration, the location
of its principal office~ and any or all of the purposes of acquirinq~
owning, leasing, establishinq~ constructinq~ effectuatinq, operating,
maintaining, renovating, improving, extending or repairing one or morn
facilities of the authority. Each such public benefit subsidiary corpo
ration shall be a body politic and corporate and shall have all those
powers vested in the authority by the provisions of this title which tho
authority shall determine to include in its certificate of incorporation
except the power to contract indebtedness. Whenever any state, poli
tical subdivision, municipality, commission~ agency, officer, depart
ment, board, division or person is authorized and empowered for any of
the purposes of this title to cooperate and enter into a~reements with
the authority such stated political subdivisionr municipality~ commis
sion, agency, officer~ department~ board, division or person shall harm
the same authorization and power for any of such purposes to cooperatn
and enter into agreements with a subsidiary corporation of the authori
ry.
6. The authority, in its own name or in the name of the state, may
apply for and receive and accept ~rants of property, money and service~
and other assistance offered or made available to it by any person,
~overnment or a~ency whatever, which it may use or meet capital or oper
atinq 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 authori-
ty 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 a~
specially provided in this title, no municipality or political subdivi-
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sion, including but not limited to a county, city, village, town
school or other district shal~ have jurisdiction over any facilities of
the authority or any of its activities or operations. In the operation,
maintenance and control of any facilities devoted to purposes other th6,,
direct transportation purposes, the authority shall be subject to ali
local laws, resolutionst ordinances, rules and regulations of a munici-
pality or political subdivision. Each municipality or political subdivi-
sion, including but not limited to a county, cityr village, town ox
district in which any facilities of the authority are located shall
provide for such facilities police, fire and health protection servlc~s
of the same character and to the same extent as those provided for resi-
dents of such municipality or political subdivision. The authority may
agree with the state department of transportation for the execution by
such department of any grade crossing elimination project or any grade
crossinq separation reconstruction project along any railroad facility
operated by the authority or by one of its subsidiary corporations
under contract, lease or other arrangement with the authority. Any su,:~
project shall be executed as provided in the grade crossing eliminatio,,
act and the railroad law~ respectively, and the costs of any suc],
project ehall be borne as provided in such laws, except that the author
ity's share of such costs shall be borne by the state.
8. The authority may accept unconditional grants of money or property
as subsidy payments for expansion of service into areas where sucl~
service would not be self-supporting. The authority may accept uncondi
tional grants of money or property from any city~ villaqe~ town or coun
ty not wholly contained within a city the whole or any part of whic],
shall be served or to be served by a transportation facility operated by
the authority. Such ~rants of money or property would be for the purpos,.
of assisting the authority in meeting its capital or operating expenses.
The acceptance of any such grant shall not operate to make the authority
an a~ency of the municipality making the grant. The provisions of thi~
section are intended as enabling legislation only and shall not
interpreted as implying that absent their enactment an authority would
lack the power to accept such grant or subsidy.
9. The authority is hereby directed to prepare a transportation
for the Peconic Bay regional transportation district. Such plan shall
consider but not be limited to the following transportation alterna-
tives:
(a) establishment of park and rail stations at Gabreski county
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airport, Westhampton, Southampton college, Southampton, East Hampton
town airport, East Hampton, and Montauk;
(b) establishment of shuttle trains from Montauk to East Hampton, East
Hampton to Southampton, and Southampton to Westhampton, utilizing t~..
existing Long Island Railroad right-of-way;
(c) addition of more non-stop trains from New York city to the Peconi,~
Bay regional transportation district on a seasonable and weekend basis;
(d) establishment of outlying parking areas and shuttle buses t~
reduce congestion in central business districts;
(e) establishment of a health and h~,ma~ services transportation
program to assist senior citizens in lower income residential areas;
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51 (f) transfer of authority for the establishment of speed limits from
52 state to local ~overnment;
53 (g) reconfiguration of the county bus system to complement new transit
54 options such as park and rail, shuttle trains~ increased trains~ an,]
55 outlying parking areas;
56 (h) a bike path network; and
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(i) passenser ferries.
10. Notwithstanding any of the above provisions, no project may bo
undertaken by the authority unless such project is a part of or consist
ent with the adopted master plan.
~ 1349-j. Acquisition and disposition of real property. 1. In addition
to the powers provided in section thirteen hundred forty-nine-h of thSc
title to acquire transportation facilities, equipment and real property,
the authority may acquire, by conderanation pursuant to the eminent
domain procedure law and/or in accordance with the conde~mation
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provisions of subdivision seven of this section, any real property it
may deem necessary, convenient, or desirable to effectuate the purpoe~
of this title, provided, however, that any such condemnation proceedings
shall be brought only in the supreme court and the compensation to bo
paid shall be ascertained and determined by the court without a jury.
Notwithstanding the foregoing provisions of this subdivision, no rea]
property may be acquired by the authority by condemnation or by purchase
for purposes other than a transportation facility unless the governinG
body of the city, village or town in which such real property is located
shall first consent to such acquisition.
2. Nothing contained in this section shall be construed to prevent tho
authority from brinGinG any proceedinqs to remove a cloud on title or
such other proceedinqs as it may, in its discretion~ deem proper and
necessary or from acquiring any such property by negotiation or
purchase.
3. Where a person entitled to an award in the proceedings to cond~
any real property for any of the purposes of this title r~m~4ns in
possession of such property after the time of the vesting of title i~
the condenmor, the reasonable value of his or her use and occupancy of
such property subsequent to such time as fixed by agre~m-~t or by tho
court in such proceedings or by any court of competent jurisdiction
shall be a lien against such award subject only to the liens of record
at the time of vesting of title in the condemner.
4. Title to all property acquired under this title shall vest in thn
authority.
5. The authority may, whenever it determines that it is in the inter
est of the authority, dispose of any real property or property other
than real property~ which it determines is not necessar¥~ convenient or
desirable for its purposes.
6. The authority may, whenever it shall determine that it is in tho
interest of the authority~ rent~ lease or grant easements or other
rights in~ any land or property of the authority.
7. The authority may adopt the following condentnation procedures. A
certified copy of a resolution adopted by the authority authorizinq thn
acquisition and identifying and describing the property and franchises,
if any, sought to be acquired by condemnation shall be filed in tho
office of the county clerk of the county in which such property is situ
ated, held or maintained. A petition for an order vesting title to such
property and franchises, if any, sought to be acquired by condemnation
shall set forth a description of the said property and franchises, if
any, and a prayer that title be vested in the authority, shall bo
presented, upon notice of the application to condemn published in fivn
successive issues of a publication of ~eneral circulation within tho
county where such property and franchises, if any, are located, to a
special term of the supreme court held at the time and place specified
in such notice, within the judicial district in which the property beinG
acquired or some part thereof is situated. Such proceedings shall hay:.
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1 precedence over all other cases on the calen~ of such court, any othe~
2 provision of law to the contrary notwithstanding. Upon due proof to tk~
3 satisfaction of the court of the filing of the resolution as describe,9
4 in this title, such court, not later than three days after the presents
5 tion of the petition, shall thereupon enter an order vesting title
6 such property and franchises~ if any~ in the authority. Upon such vest
7 ing of title the authority shall have the right to enter upon and tak
8 possession of such property. A notice of such acquisition shall
9 directed to the owners of the property and franchises, if any,
10 acquired and to any other person or persons having an estate, interee~
11 or easement in such property or a lien, charge or encumbrance thereon by
12 personal service or by registered mail at the last known address within,
13 fifteen days after such vesting of title. Such notice shall set fort]~
14 such resolution, the date of the submission to the court, the date oF
15 the order vesting title in such authority and such other matters as th,.
16 authority may determine.
17 8. If funds are made available by the authority for the payment of th,.
18 cost and expense of the acquisition thereof, the depar~m~nt of transpor
19 tation of the state of New York, when requested by the authority, may
20 acquire such real property in the name of the state as may be determine,]
21 from time to time by the authority as being necessary~ convenient
22 desirable to effectuate the purposes of this title~ may remove the owne~
23 or occupant thereof where necessary, and obtain possession and, wb~n
24 requested by the authority, may dispose of any real property so
25 acquired, all accordin~ to the procedure provided in section thirty of
26 the highway law and pursuant to the procedure required under federal
27 law, when applicable. The authority shall have the right to possess an,]
28 use for its corporate purposes all such real property so acquired.
29 Claims for the value of the property appropriated and for legal damage..
30 caused by any such appropriation shall be adjusted and determined by
31 such department with the approval of the authority or by the court oF
32 claims as provided in section thirty of the highway law and as required
33 by federal law, when applicable. When a claim has been filed with th
34 court of claims, the claimant shall cause a copy of such claim to b,.
35 served upon the authority and the authority shall have the rlqht to h.
36 represented and heard before such court. All awards and jud.qments aris
37 ing from such claims sh~] be paid out of moneys of the authority. N_o
38 real property may be acquired pursuant to the provisions of this section
39 for purposes other than a transportation facility unless the governin,;
40 body of the city, village or town in which such real property is locate~
41 shall first consent to such acquisition.
42 ~ 1349-k. Cooperation and assistance of other agencies. In the inter-
43 est of economy and to promote coordination of authority projects wit],
44 state, local, county and regional plans and also to carry out the objec-
45 tire of full participation of all a~encies in the development of n
46 transportation system and facilities to meet the objectives of th]~
47 title, the authority shall request and use existing studies, maste~
48 plans, surveys~ data and other materials completed by or under develop-
49 ment by any state agency or any ~,n~cipality or political subdivision
50 the state. The authority shall consult with and cooperate with t~
51 commissioner and with planning authorities in the areas of its oper
52 ations and shall utilize local or state planning. When a project
53 contemplated by the authority, the authority shall s~,hm~t a preliminary
54 prospectus thereof to the cn~m~ssioner for review and comment and shall
55 consider the report of the commissioner in formulating detailed pla~
56 for such project. When a project is contemplated by the authority withi~
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1 the jurisdiction of any Suffolk county planning board, the authority
2 shall prepare a preliminary prospectus thereof, describing the purpose~
3 general location, and nature of the project contemplated, with such
4 further data relative thereto that the authority shall consider perti-
5 nent. Within sixty days of receipt of such prospectus such planning
6 board shall prepare a report thereon, commentinq on its conformity or
7 lack of conformity with any related official plan of the state or any
8 official planning agency within the region. Such report shall be consid-
9 ered by the authority in formulatinq detailed plans for such a project.
10 At the request of the authority, each such agency, municipality or
11 subdivision which is engaged in highway or other transportation activ-
12 ities or in land use or development planning, or which is charged with
13 the duty of providing or regulating any transportation facility or any
14 other public facility, is further authorized to provide the authority
15 with information regarding its plans and programs affecting the trans-
16 portation district so that the authority may have available to it
17 current information with respect the.fete. The officers and personnel of
18 such agencies, municipalities or subdivisions, and of any other qovern-
19 ment or agency whatever~ may serve at the request of the authority upon
20 such advisory couuaittees as the authority shall determine to create and
21 such officers and personnel may serve upon such co~unittees without
22 forfeiture of office or employment and with no loss or diminution in
23 compensation, status, rights and privileges which they otherwise enjoy.
24 ~ 1349-1. Notes and bonds of the authority. 1. (a) The authority shall
25 have power and is hereby authorized from time to time to borrow money
26 and issue its negotiable bonds and notes in such principal amount, as,
27 in the opinion of the authority, shall be necessary to provide suffi-
28 cient funds for achieving its purposes, including the acquisition,
29 establishment, construction, effectuation, operation, maintenancer reno-
30 vation, improvementt extension or repair of any transportation facility~
31 the payment of interest on bonds and notes of the authority, establish-
32 ment of reserves to secure such bonds and notes~ the provision of work-
33 in~ capital and all other expenditures of the authority and its subsid-
34 iary corporations incident to and necessary or convenient to carry out
35 their purposes and powers;
36 (b) The authority shall have power, from time to time, to issu~
37 renewal notes, to issue bonds to pay notes and whenever it deems refund-
38 ing expedient, to refund any bonds by the issuance of new bonds, whether
39 the bonds to be refunded have or have not matured, and to issue bondm
40 partly to refund bonds then outstanding and partly for any other
41 purpose. The refunding bonds shall be sold and the proceeds applied to
42 the purchase, redemption or payment of the bonds to be refunded;
43 (c) Except as may otherwise be expressly provided by the authority,
44 every issue of its notes or bonds shall be general obligations of th~
45 authority payable out of any revenues or moneys of the authority~
46 subject only to any agreements with the holders of particular notes or
47 bonds pledging any particular receipts or revenues;
48 (d) Whether or not the notes or bonds are of such form and character
as to be neqotiable instruments under article eiqht of the uniform
49
50 commercial code, the notes or bonds shall be and hereby are made negoti-
51 able instruments within the meaning of and for all the purposes of arti-
52 cle eight of the uniform commercial code, subject only to the provisions
53 of the notes or bonds for reqistration.
54 2. The notes and bonds shall be authorized by resolution approved by
55 not less than a majority vote of the authority, shall bear such date or
56 dates, and shall mature at such time or t~m~, as specified therein, and
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1 in the case of any such bond not exceeding fifty years from the date of
2 issue, as such resolution or resolutions may provide. The notes and
3 bonds shall bear interest at such rate or rates, be in such denomi-
4 nations, be in such form, either coupon or registered, carry such regis-
5 tration privileges, be executed in such m~nner, be payable in such medi-
6 um of payment~ at such place or places and be subject to such terms of
7 redemption as such resolution or resolutions may provide. The notes and
8 bonds of the authority may be sold by the authority, at public or
9 private sale, at such price or prices as the authority shall determine.
10 No notes or bonds of the authority may be sold by the authority at
11 private sale, however, unless such sale and the terms thereof have been
12 approved in writing by (a) the comptroller, where such sale is not to
13 the comptroller, or (b) the director of the budqet~ where such sale Jm
14 to the comptroller.
15 3. Any resolution or resolutions authorizing any notes or bonds or any
16 issue thereof may contain provisions, which shall be a part of tho
17 contract with the holders thereof, as to: (a) pledging all or any part
18 of the fares, tolls, rentals, rates, charges and other fees made or
19 received by the authority or any of its subsidiary corporations, and
20 other moneys received or to be received, to secure the payment of tbn
21 notes or bonds or of any issue thereof, subject to such agreements with
22 bondholders or noteholders as may then exist;
23 (b) pledging all or any part of the assets of the authority or of any
24 of its subsidiary corporations to secure the payment of the notes ol-
25 bonds or of any issue of notes or bonds, subject to such agreements with
26 noteholders or bondholders as may then exist;
27 (c) the user and disposition of fares, tolls~ rentals, rates~ charges
28 and other fees made or received by the authority or any of its subsld
29 iary corporations;
30 (d) the setting aside of reserves or slnkinq funds and the requlation
31 and disposition thereof;
32 (e) limitations on the purpose to which the proceeds of sale of note~
33 or bonds may be applied and pledging such proceeds to secure the payment
34 of the notes or bonds or of any issue thereof;
35 (f) limitations on the issuance of additional notes or bonds~ tho
terms upon which additional notes or bonds may be issued and secured;
the refunding of outstandlnq or other notes or honds~
(g) the procedure, if anyr by which the terms of any contract with
noteholders or bondholders may be amended or abrogated, the amount of
notes or bonds the holders of which must consent thereto, and the manner
36
37
38
39
40
41 in which such consent may be given;
42 (h) limitations on the a~ount of moneys to be expended by the authori-
43 ty or any of its subsidiary corporations or operatinq, aclministrative or
44 other expenses of the authority or any of its subsidiary corporations;
45 (i) vesting in a trustee or trustees such property, rights, powers and
46 duties in trust as the authority may determine~ which may include any or
47 all of the rights, powers and duties of the trustee appointed by thc
48 bondholders pursuant to this title, and limitinq or abroqatin~ the right
49 of the bondholders to appoint a trustee under this title or limltinq the
50 rights, powers and duties of such trustee; and
51 (j) any other matters~ of like or different character, which in any
52 way affect the security or protection of the notes or bonds.
53 4. In addition to the powers conferred upon the authority to securm
54 its notes and bonds, the authority shall have power in connection with
55 the issuance of notes and bonds to enter into such a~reements as thn
56 authority may deem necessary, convenient or desirable concerning the uso
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2
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or disposition of its monies or property or the monies or property of
any of its subsidiary corporations, including the mortgaging of any such
property and the entrusting, Dledging or creation of any other security
interest in any such monies or property and the doinq of any act
(including refraining from doinq any act) which the authority would havo
the right to do in the absence of such agreements. The authority shall
have power to enter into araendments of any such agreements within tho
powers granted to the authority by this title and to perform such agree.
ments. The provisions of any such agreements may be made a part of
contract with the holders of the notes and bonds of the authority.
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7
8
9
10
11 5. It is the intention hereof that any pledge, mortgage or security
12 instrument made by the authority shall be valid and binding from tho
13 time when the pledge, mortgage or ~ecurity instrument is made; that tho
14 monies or property so pledged, mortgaged and entrusted and thereafter
15 received by the authority shall immediately be subject to the lien of
16 such pledge, mortgage or security instrument without any physical deliv
17 ery thereof or further act; and that the lien of any such pledge, mort-
18 gage or security instrument shall be valid and binding as against all
19 parties having claims of any kind in tort, contract or otherwise against
20 the authority, irrespective of whether such parties have notice thereof.
21 Neither the resolution nor any mortgage, security instrument or other
22 instrument by which a pledge, mortgage lien or other security is created
23 need be recorded or filed and the authority shall not be required to
24 comply with any of the provisions of the uniform c~mm~rcial code.
25 6. Neither the members of the authority nor any person executing the
26 notes or bonds shall be liable personally on the notes or bonds or bo
27 subject to any personal liability or accountability by reason of thn
28 issuance thereof.
29 7. The authority~ subject to such agreements with noteholders or bond.
30 holders as may then exist, shall have power out of any funds availablp
31 therefor to purchase notes or bonds of the authority, which shall there..
32 upon be cancelled, at a price not exceeding (a) if the notes or bondm
33 are then redeemable, the redemption price then applicable plus accrued
34 interest to the next interest payment date thereon, or (b) if the note~
35 or bonds are not then redeemable, the redemption price applicable on tho
36 first date after such purchase upon which the notes or bonds become
37 subject to redemption plus accrued interest to such date.
38 8. The state shall not be liable on notes or bonds of the authority
39 and such notes and bonds shall n6t be a debt of the state, and such
40 notes and bonds shall contain on the face thereof a statement to such
41 effect.
42 ~ 1349-m. Reserve funds and appropriations 1. The authority may
43 create and establish one or more reserve funds to be known as debt
44 service reserve funds and may pay into such debt service reserve fund~
45 (a} any monies appropriated and made available by the state for tho
46 purposes of such funds, (b) any proceeds of sale of notes or bonds to
47 the extent provided in the resolution of the authority authorizinq thm
48 issuance thereof, and (c) any other monies which may be made availablm
49 to the authority for the purpose of such funds from any other source or
50 sources. The monies held in or credited to any debt service reserve fund
51 established under this section, except as provided in this titlet shall
52 be used solely for the payment of the principal of bonds of the authori-
53 ty secured by such debt service reserve fund as the same mature, tho
54
55
56
.purchase of such bonds of the authority, the payment of interest on such
bonds of the authority or the payment of any redemption premium required
to be paid when such bonds are redeemed prior to maturity; provided,
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S. 1782
18
A. 1329
1 however, that the authority shall have power to provide that monies in
2 any such fund shall not be withdrawn therefrom at any time in suc],
3 amount as would reduce the amount of such fund to less ~h~n the m~x~m~...,
4 amount of principal and interest maturing and becominq due in any
5 succeeding calendar year or years not exceedinq two such years on thc
6 bonds of the authority then outstanding and secured by such debt servico
7 reserve fund, except for the purpose of paying principal of and interest
8 on such bonds of the authority secured by such debt service reserve fun,;
9 maturing and becominq due and for the payment of which other monies of
10 the authority are not available. Any income or interest earned by,
11 increment to~ any such debt service reserve fund due to the investmenL
12 thereof may be transferred by the authority to any other fund or account
13 of the authority and the authority shall have power to provide that
14 such transfer shall not reduce the amount of such debt service reser~,.
15 fund below the maximum amount of principal and interest maturing a,,d
16 becominq due in any succeedinq calendar year or years not exceeding
17 such years on all bonds of the authority then outstanding and secured b~
18 such debt service reserve fund.
19 2. The authority shall have power to provide that it shall not issu
20 bonds at any time if the maximum amount of Drincipal and interest matur
21 in9 and becoming due in any succeeding calendar year or years no~
22 exceeding two such years on the bonds outstanding and then to be issue,]
23 and secured by a debt service reserve fund will exceed the amount
24 such debt service reserve fund at the time of issuance, unless th,.
25
26
27
28
authority, at the time of the issuance of such bonds, shall deposit ~,,
such debt service reserve fund from the proceeds of the bonds so to b'
issued~ or otherwise, an amount which~ together with the amount then ~n
such debt service reserve fund, will be not less than the ma~m,,m amoun!
29 of principal and interest maturinq and becoming due in any such succeed-
30 ing calendar year or years not exceedinq two such years on the bond=
31 then to be issued and on all other bonds of the authority then outstand-
32 in~ and secured by such debt service reserve fund.
33 3. In computing the amount of any debt service reserve fund for th,~
34 purposes of this section~ securities in which all or a portion of suc],
35 fund shall be invested shall be valued at par~ or if purchased at les~
36 than par, at their cost to the authority.
37 ~ 1349-n. Agreement of the state. The state does hereby pledge to and
38 ~ree with the holders of any notes or bonds issued under this title~
39 that the state will not limit or alter the rights hereby vested in th
40 authority to fulfill the terms of any agreements made with the holder~
41 thereof~ or in any way impair the rights and remedies of such holder,
42 until such notes or bonds, together with the interest thereon, wit],
43 interest on any unpaid installments of interest~ and all costs and
44 expenses for which the authority is liable in connection with any actio,,
45 or proceedin~ by or on behalf of such holders, are fully met an,]
46 discharqed. The authority is authorized to include this pledge an,]
47 agreement of the state in any agreement with the holders of such note~-
48 or bonds.
49 ~ 1349-o. Right of state to require redemption of bonds. Notwithstand-
50 in~ and in addition to any provisions for the redemption of bonds which
51 may be contained in any contract with the holders of the bonds, tho
52 state may, upon furnishing sufficient f~,~ therefor, require thm
53 authority to redeem, prior to maturity, as a whole, any issue of bond~
54 on any interest payment date not less than twenty years after the date
55 of the bonds of such issue at one hundred five per centum of their fac~
56 value and accrued interest or at such lower re~-mption price as may k"
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S. 1782 19 A. 1329
1 provided in the bonds in case of the redemption thereof as a whole on
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2 the redemption date. Notice of such redemption shall be published in at
3 least two newspapers published and circulating in the regional transpor-
4 ration district, at least twice, the first publication to be at least
5 thirty days before the date of redemption.
~ 1349-p. Remedies of noteholders and bondholders. 1. In the event
that the authority shall default in the payment of principal of
interest on any issue of notes or bonds after the same shall become due,
whether at maturity or upon call for redemption, and such default shall
continue for a period of thirty days, or in the event that the authority
shall fail or refuse to comply with the provisions of this title
shall default in any agreement made with the holders of any issue of
notes or bonds, the holders of twenty-five per centum in aggregate prin
cipal amount of the notes or bonds of such issue then outst~n~{ng, by
instrument or instruments filed in the office of the clerk of any county
in which the authority operates and has an office and proved or acknowt
edged in the same manner as a deed to be recorded, may appoint a truste~
to represent the holders of such notes or bonds for the purposes
provided in this section.
2. Such trustee may, and upon written request of the holders of twen
ty-five per centum in principal amount of such notes or bonds thmn
outstanding shall~ in his or her or its own name:
(a) by suit, action or proceedin~ in accordance with the civil prac
tice law and rules, enforce all rights of the noteholders or bondhold
ers, including the right to require the authority to collect fares,
tolls, rentals, rates, charges and other fees adequate to carry out any
a~reement as to~ or pledge of, such fares~ tolls, rentals, rates~ charg-
es and other fees and to require the authority to carry out any other
agreements with the holders of such notes or bonds and to perform it,'
30 duties under this title;
31 (b) bring suit upon such notes or bonds;
32 (c) by action or suit, require the authority to account as if it wer'
33 the trustee of an express trust for the holders of such notes or bonds;
34 (d) by action or suit, enjoin any acts or things which may be unlawful
35 or in violation of the rights of the holders of such notes or bonds~
36 (e) declare all such notes or bonds due and payable, and if all
37 defaults shall be made good, then, with the consent of the holders of
38 twenty-five per centum of the principal amount of such notes or bond~
39 then outstanding, to annul such declaration and its consequences.
40 3. Such trustee shall in addition to the foregoing have and possesc
41 all of the powers necessary or appropriate for the exercise of any func
42 tions specifically set forth in this section or incident to the general
43 representation of bondholders or noteholders in the enforcement
44
45
46
47
48
protection of their rights.
4. The supreme court shall have jurisdiction of any suit, action oF
proceedings by the trustee on behalf of such noteholders or bondholders.
The venue of any such suit, action or proceeding shall be laid in t~'
county in which the instrument or instruments are filed in accordan,:e
49 with subdivision one of this section.
50 5. Before declaring the principal of notes or bonds due and payable,
51 the trustee shall first give thirty days notice in writing to the 9over
52 nor, to the authority, to the comptroller and to the attorney general
53 the state.
54 ~ 1349-q. Notes and bonds as legal investment. The notes and bonds o~
55 the authority are hereby made securities in which all public officer~
56 and bodies of the state and all municipalities and political subdivi
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Page 20 of 22
S. 1782 20 A. 1329
sions, all insurance companies and associations and other persons carry
1
2 in~ on an insurance business, all banks, bankers, trust companies,
3 savings banks and savings associationst includinq savings and loan asso
4 ciations, building and loan associations, inveskm~nt companies and othe~
5 persons carrying on a banking business, all administrators~ guardians,
6 executors, trustees and other fiduciaries~ and all other persons whatso-
7 ever who are now or who may hereafter be authorized to invest in bond,.
8 or other obligations of the state, may properly and legally invest fund~,
9 including capital in their control or belonging to them. Notwithstandir,,I
10 any other provisions of law. the bonds of the authority are also hereby
11 made securities which may be deposited with and shall be received by all
12 public officers and bodies of this state and all municipalities and
13 political subdivisions for any purpose for which the deposit of bonds o,
14 other obliqations of the state is now or may hereafter be authorized.
15 § 1349-r. Exemption from taxation. It is hereby found, determined an,]
16 declared that the creation of the authority and the carryin~ out of
17 purposes is in all respects for the benefit of the DeoDle of the stat.
18 of New York and for the improv~ent of their health, welfare and pros
19 perity and is a public purposet and that the authority will be perform
20 .~n~ an essential governmental function in the exercise of the power,,
21 conferred upon it by this title. Without limiting the generality of th,,
22 following provisions of this section, property owned by the authority
23 and used for transportation purposes, property leased by the authority
24 and used for transportation purposes, and property used for transporta-
25 tion purposes by or for the benefit of the authority exclusively pursu-
26 ant to the provisions of a joint service arrangement or of a join~,
27 facilities a~reement or trackage rights agreement shall all be exempt
28 from taxation and special ad valorem levies. The authority shall bm
29 required to pay no fees/ taxes or assessments, whether state or local~
30 except special benefit assessments if said property is located in
31 special benefit district, includin~ but not limited to fees, taxes ¢,,
32 assessments on real estate~ franchise taxes~ sales taxes or other exci~
33 taxes, upon any of its proDerty, or upon the uses thereof, or upon it,,
34 activities in the operation and maintenance of its facilities or on any
35 fares~ tolls~ rentals~ rates~ charges or other fees~ revenues or othe,
36 income received by the authority and all bonds, notes and obligations or
37 the authority and the income therefrom shall at all times be exempt fro,,,
38 taxation, except for gift and estate taxes and taxes on transfers. Thi~
39 section shall constitute a covenant and agreement with the holders
40 ~11 bonds~ notes and obliqations issued by the authority. The terms,
41 "taxation,, and "special ad valorem levy,, shall have the same meanings a..
42 defined in section one hundred two of the real property tax law and the
43 term "transportation purposes,, shall have the same meaninq as used
44 titles two-A and two-B of article four of such law.
45 § 1349-s. Actions against the authority. 1. As a condition to th,.
46 consent of the state to such suits against the authority, in every
47 action a~ainst the authority for damages, for injuries to real o~
48 personal property or for the destruction thereof, or for personal inju-
49 ties or death, the complaint shall contain an allegation that at least
50 thirty days have elapsed since the demand, claim or claim= upon which
51
such action is founded were presented to a menf0er of the authority
52 other officer designated for such purpose and the authority
53 neglected or refused to make an adjustment or payment thereof.
54 2. An action against the authority founded on tort, except an acti¢,,,
55 for wrongful death, shall not be cnmm~nced more ~h~n one year after tk
56 cause of action therefor shall have accrued, nor unless a notice
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S. 1782 21 A. 1329
1 claim shall have been served on the authority within the time limited by
2 and in compliance with all the requirements of section fifty-e of th~
3 general municipal law. An action aqainst the authority for wronqfu]
4 death shall be commenced in accordance with the notice of claim and tim~
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limitation provisions of title eleven of article nine of this chapter.
3. The authority shall be liable, and shall assume the liability to
the extent that it shall save harmless any duly appointed officer or
employee of the authority~ for the negligence of such officer or employ-
ee, in the operation of a vehicle or other facility of transportation
owned or otherwise under the jurisdiction and control of the authority
in the discharqe of a duty imposed upon such officer or employee at th~
time of the accident, injury or damages complained of, while otherwism
actinq in the performance of his or her duties and within the scope of
his or her employment.
4. The authority may require any person, presenting for settlement an
account or claim for any_cause whatever a~ainst the authority, to be
sworn before a member, counsel or an attorney, officer or employee of
the authority designated for such purpose, concerning such account or
claim and when so sworn to answer orally as to any facts relative to
such account or claim. The authority shall have power to settle or
adjust all claims in favor of or a~ainst the authority.
5. The rate of interest to be paid by the authority upon any judgment
for which it is liable shall not exceed four per centutm per ann,,m,
6. The provisions of this section which relate to the requirement for
service of a notice of claim shall not apply to a subsidiary corporation
of the authority. In all other respects, each subsidiary corporation of
the authority shall be subject to the provisions of this section as if
such subsidiary corporation were separately named in this section,
provided, however, that a subsidiary corporation of the authority which
is a stock corporation shall not be subject to the provisions of th~m
section except with respect to those causes of action arisinq on and
after the first of the twelfth calendar month followinq that calendar
month in which such stock corporation becomes a subsidiary corporation
of the authority.
$ 1349-t. A~reements relatinq to payment in lieu of taxes. To the end
that municipal corporations, counties and school districts may not
suffer undue loss of taxes or assessments:
If the authority acquires property for non-transportation purposes
(e.g. for future transportation purposes but not to be so used imme-
diately) the authority, except as provided in this title, shall pay t~
the participatin~ county and/or city, town or school district where th~
property is located, annually, in lieu of taxes, a sum equal to the sum
last paid as taxes upon the property prior to the time of its acquisi-
tion by the authority. Should such property be subsequently developed
and improved but still remain unused for transportation purposes, it
shall during such period of disuse for transportation be subject t~
assessment, at the prevailinq method of determininq assessments, by thm
county and/or city and/or school district and the authority shall, based
on such assessment~ annually, in lieu of taxes, pay to the county and/or
city and/or school district an amount fixed by it.
If the authority acquires property for transportation purposes but
subsequently uses such property for non-transportation purposes, then
the authority shall be required, except as provided in this title, tm
pay annually in lieu of taxes to the participatin~ county and/or city
and/or school district wherein such property is located, an amount equal
to the sum which the said county and/or city and/or school district
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Page 22 of 22
S. 1782
22
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1 would ordinarily be imposed as taxes, pursuant to the prevailing method
2 of determining assessments.
3 Properties acquired by the authority for transportation and used
4 such, shall not be subject to the payment of any taxes except that tho
5 authority shall pay such property special benefit assessments on th~
6 property if it is located in an existing special benefit district.
7 ~ 1349-u. Interest of members or employees of authority in contract
8 prohibited. It shall be a misdemeanor for a member of the authority o,
9
an officer, agent, servant or employee employed by or appointed by
10 authority, to be in any way or manner interested~ directly or indirect-
11 1y, as principal~ surety or otherwise, in a contract, the expense
12 consideration whereof is payable out of the funds of the authority.
13 ~ 1349-v. Fiscal year. The fiscal year of the authority shall begin
14 the first day of January.
15 ~ 1349-w. Consent by the state. The com=aissioner of general service~
16 shall have power~ in his or her discretion~ from time to time to trans
17 fer and convey to the authority, or to one or more participating cous~-
18 ties for the use of the authority, and for such consideration and upo,,
19 such terms and conditions as may be determined by him or her to be pai,~
20 to the state, unappropriated state lands, abandoned canal ]an~ an,,
21 lands under water which the authority shall certify to be necessary or
22 desirable for the corporate purposes of the authority.
23 § 1349-x. Separability. If any provision of any section of this titl.-
24
or the application thereof to any person or circumstance shall bo
25 ~djudged invalid by a court of competent jurisdiction, such order or
26 jud.gment shall be confined in its operation to the controversy in which
27 it was renderedt and shall not affect or invalidate the remainder of any
28 provision of any section of this title or the application of any pazl
29 thereof to any other person or circumstance and to this end th.
30 provisions of each section of this title are hereby declared to
31 severable.
32 § 1349-y. Effect of inconsistent provisions. Insofar as the provision..
33 of this title are inconsistent with the provisions of any other law,
34 general, special or local, the provisions of this title shall b,.
35 controlllnq.
36 § 2. This act shall take effect on the first of January next succeed-
37 ing the date on which it shall have become a law.
http://leginfo.state.ny.us/asmsen/bstfrmel.cgi 1/28/2013