N.Y. PBA Law § 2799-GGG — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-GGG
General powers of the authority
Status: in_force

§ 2799-ggg. General powers of the authority. Except as otherwise\nlimited by this title, the authority shall have power:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to borrow money and issue bonds for any of its corporate purposes\nor its projects and to provide for the rights of the holders thereof;\n  4. to make and alter by-laws for its organization and management, and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. to acquire by purchase, grant, lease, gift, condemnation pursuant\nto the provisions of the eminent domain procedure law with the approval\nof the city, or otherwise and to hold and use property and facilities\nnecessary, convenient or desirable to carry out its corporate purposes,\nand to sell, convey, mortgage, lease, pledge, exchange or otherwise\ndispose of any such property and facilities;\n  6. to acquire, construct, reconstruct, lease, expand, improve,\nmaintain, equip, furnish, operate one or more projects and, if\nnecessary, to pay or finance the cost thereof;\n  7. to apply for and to accept gifts, grants, loans, or contributions\nof funds or property or financial or other aid in any form from, and\nenter into contracts or other transactions with, the federal government,\nthe state or any public corporation or any other source, and to use any\nsuch gifts, grants, loans or contributions for any of its corporate\npurposes;\n  8. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project;\n  9. to designate the depositories of its money;\n  10. to establish its fiscal year;\n  11. to enter into contracts, agreements and leases with the federal\ngovernment, the state, the county, the city, any person or other public\ncorporation and to execute all instruments necessary or convenient to\naccomplishing its corporate purposes;\n  12. to appoint such officers, employees and agents as the authority\nmay require for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation subject to the provisions\nof the civil service law and any applicable collective bargaining\nagreement, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional, management or technical services and advice; which\npositions, with the exception of all police positions, shall be in the\nexempt class of civil service;\n  13. with the consent of the mayor to use employees, agents,\nconsultants and facilities of the city, paying the city its agreed\nproportion of the compensation or costs;\n  14. to make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  15. to enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  16. the authority may covenant and consent that the interest on any of\nits bonds or notes issued pursuant to this title shall be includible,\nunder the United States Internal Revenue Code of 1986, or any subsequent\ncorresponding internal revenue law of the United States, in gross income\nof the holders of the bonds or notes to the same extent and in the same\nmanner that the interest on bills, bonds, notes or other obligations of\nthe United States is includible in the gross income of the holders\nthereof under said Internal Revenue Code or any such subsequent law;\n  17. to do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\nand\n  18. to insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n
N.Y. PBA Law § 2799-XXX — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-XXX
Transfer of applications, proceedings, approvals and permits
Status: in_force

§ 2799-xxx. Transfer of applications, proceedings, approvals and\npermits. 1. Any application, review or process in relation to or in\nfurtherance of the purposes of or contemplated by this title heretofore\nfiled or undertaken, or any proceeding heretofore commenced or any\ndetermination, finding or award made, by the city or by the city with\nthe federal government, the state department of environmental\nconservation, the state department of transportation or any other public\ncorporation shall inure to and for the benefit of the authority to the\nsame extent and in the same manner as if the authority had been a party\nto such application, review, process or proceeding from its inception,\nand the authority shall be deemed a party thereto, to the extent not\nprohibited by any federal law. Any license, approval, permit,\ndetermination, finding, award or decision heretofore or hereafter issued\nor granted pursuant to or as a result of any such application, review,\nprocess or proceeding shall inure to the benefit of and be binding upon\nthe authority and shall be assigned and transferred by the city to the\nauthority unless such assignment and transfer is prohibited by federal\nlaw.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using or\noccupying any facility financed in whole or in part by the authority.\n
N.Y. PBA Law § 2799-YYY — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-YYY
Severability
Status: in_force

§ 2799-yyy. Severability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 2799-JJJ — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-JJJ
Bonds of the authority
Status: in_force

§ 2799-jjj. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, notes\nor other obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes or other obligations\nshall not exceed three hundred million dollars ($300,000,000), excluding\nbonds, notes or other obligations issued to refund or otherwise repay\nbonds, notes or other obligations theretofore issued for such purposes;\nprovided, however, that upon any such refunding or repayment the total\naggregate principal amount of outstanding bonds, notes or other\nobligations may be greater than three hundred million dollars\n($300,000,000) only if the present value of the aggregate debt service\nof their funding or repayment bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor purposes of this section, the present values of the aggregate debt\nservice of the refunding or repayment bonds, notes or other obligations\nand of the aggregate debt service of the bonds, notes or other\nobligations so refunded or repaid, shall be calculated by utilizing the\neffective interest rate of the refunding or repayment bonds, notes or\nother obligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes or other obligations from the payment dates thereof to the date of\nissue of the refunding or repayment bonds, notes or other obligations\nand to the price bid including estimated accrued interest or proceeds\nreceived by the authority including estimated accrued interest from the\nsale thereof. The authority shall have power and is hereby authorized to\nenter into such agreements and perform such acts as may be required\nunder any applicable federal legislation to secure a federal guarantee\nof any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds (other\nthan notes or other evidence of indebtedness) issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by a resolution of the\ncommon council adopted by a majority vote and approved by the mayor.\nBonds issued for refunding purposes shall be sold and the proceeds\napplied to the purchase, redemption or payment of the bonds or notes to\nbe refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide.\n  (c) Notwithstanding any other provision of law, the bonds of the\nauthority issued pursuant to this section shall be sold to the bidder\noffering the lowest true interest cost, taking into consideration any\npremium or discount not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe authority and on the authority website, which shall state the terms\nof the sale. The terms of the sale may not change unless notice of such\nchange is published in such newspaper and on the authority website at\nleast one day prior to the date of the sale as set forth in the original\nnotice of sale. Advertisements shall contain a provision to the effect\nthat the authority, in its discretion, may reject any or all bids made\nin pursuance of such advertisements, and in the event of such rejection,\nthe authority is authorized to negotiate a private or public sale or\nre-advertise for bids in the form and manner above described as many\ntimes as, in its judgment, may be necessary to effect a satisfactory\nsale.\n  (d) Notwithstanding the provisions of the preceding paragraph,\nwhenever in the judgment of the authority the interests of the authority\nwill be served thereby, the members of the authority, on the written\nrecommendation of the chairperson, may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\n  (e) The private or public bond sale guidelines set by the authority\nshall include, but not be limited to a requirement that where the\ninterests of the authority will be served by a private or public sale of\nbonds, the authority shall select underwriters for private or public\nbond sales conducted pursuant to a request for proposal process\nundertaken at least once annually and consideration of proposals from\nqualified underwriters taking into account, among other things,\nqualifications of underwriters as to experience, their ability to\nstructure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (f) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (g) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller and the city comptroller.\n  (h) The authority shall annually prepare and approve a bond sale\nreport which shall include the private or public bond sale guidelines as\nspecified in this subdivision, amendments to such guidelines since the\nlast private or public bond sale report, an explanation of the bond sale\nguidelines and amendments, and the results of any sale of bonds\nconducted during the fiscal year. Such bond sale report may be a part of\nany other annual report that the authority is required to make.\n  (i) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee,\nthe assembly ways and means committee and the authority budget office.\n  (j) The authority shall make available to the public copies of its\nbond sale report upon reasonable request therefore.\n  (k) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bondholders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title and limiting or abrogating the rights\nof the bondholders to appoint a trustee under such section or limiting\nthe rights, duties and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  9. Neither the members of the authority nor any person executing its\nbonds shall be liable personally on its bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable plus accrued interest to the next\ninterest payment date, or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date. Bonds so purchased shall thereupon be\ncancelled.\n
N.Y. PBA Law § 2799-OOO — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-OOO
Agreement with state
Status: in_force

§ 2799-ooo. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and with those persons or public corporations who may enter\ninto contracts with the authority pursuant to the provisions of this\ntitle that the state will not alter, limit or impair the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds.\n
N.Y. PBA Law § 2799-FFF — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-FFF
Transfer of officers and employees
Status: in_force

§ 2799-fff. Transfer of officers and employees. 1. In accordance with\nthe provisions of section seventy of the civil service law, any officer\nor employee of the city, selected by the authority may, with the consent\nof the mayor, be transferred to the authority and shall be eligible for\nsuch transfer and appointment, without further examination, to\napplicable offices, positions and employment under the authority. Any\nsuch officers or employees so transferred to the authority pursuant to\nthis section, who are members of or benefit under any existing pension\nor retirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but during the period of their employment\nby the authority, all contributions to such funds or systems to be paid\nby the employer on account of such officers or employees shall be paid\nby the authority.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to such\nsame collective bargaining unit if they would have been assigned to such\nunit were such titles created prior to the establishment of the\nauthority.  Nothing contained in this title shall be construed (a) to\ndiminish the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n
N.Y. PBA Law § 2799-HHH — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-HHH
Special powers of the authority
Status: in_force

§ 2799-hhh. Special powers of the authority. In order to effectuate\nthe purpose of this title:\n  1. The authority may enter into any joint service arrangements as\nprovided in this section.\n  2. The authority may, establish, construct, effectuate, operate,\nmanage, maintain, renovate, improve, extend or repair any aviation\nfacilities or pollution control facilities, or may provide for such\nestablishment, construction, effectuation, operation, management,\nmaintenance, renovation, improvement, extension or repair by contract,\nlease, or other arrangement with the federal government, any state or\nagency or instrumentality thereof, or any person or public corporation.\nIn connection with the operation of any such facilities, the authority\nmay establish, construct, effectuate, operate, manage, maintain,\nrenovate, improve, extend or repair or may provide by contract, lease or\nother arrangement for the establishment, construction, effectuation,\noperation, management, maintenance, renovation, improvement, extension\nor repair of any related services and activities.\n  3. The authority may establish, fix, revise, levy and collect or cause\nto be established, fixed, revised, levied and collected and, in the case\nof a joint service arrangement, join with others in the establishment,\nfixing, revision, levy and collection of such fares, rentals, rates,\ncharges, landing and field use fees, concession fees and other fees for\nthe use and operation of any real property, aviation facilities,\npollution control facilities, facility and related services operated or\nmanaged by the authority or under contract, lease or other arrangement,\nincluding joint service arrangements, with the authority. Such fares,\nrentals, rates, charges, landing and field use fees, concession fees or\nother fees shall be at least sufficient at all times in the judgment of\nthe authority to establish and maintain the combined operations of the\nauthority on a self-sustaining basis. Such operations shall be deemed to\nbe on a self-sustaining basis as required by this title, when the\nauthority is able to pay or fund or cause to be paid or funded from\nrevenues and any other funds actually available to the authority:\n  (a) the principal of, premium, if any, and the interest on the\noutstanding bonds of the authority as the same shall become due and\npayable and any capital or debt service reserve therefor and, to the\nextent required by any agreement between the city and the authority, the\nprincipal of and interest on any general obligation bonds, notes or\nother evidence of indebtedness of the city issued for or allocable to\nany project of the authority as the same shall become due and payable\nand any reserves therefor;\n  (b) the cost of administering, maintaining, repairing and operating\nany project of the authority;\n  (c) the cost of constructing capital improvements thereto pursuant to\nany agreement between the city and the authority;\n  (d) any liabilities incurred for or allocable to any project of the\nauthority including any liabilities of the city assumed by the authority\npursuant to any agreement between the city and the authority, as the\nsame become due and payable;\n  (e) any requirements of any agreement including those relating to the\nestablishment of reserves for renewal and replacement and for\nuncollected fares, rentals, rates, charges and fees and covenants\nrespecting rates and debt service and earnings coverage ratios;\n  (f) all other reasonable and necessary expenses of the authority; and\n  (g) the cost of such additional projects as may be now or hereafter\nauthorized by law and agreed to by the authority.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the\nconduct, safety and security of the public as it may deem necessary,\nconvenient or desirable for the use, operation and management of any\nproject and related services operated or managed by the authority or\nunder contract, lease or other arrangement, including joint service\narrangements, with the authority. Such rules and regulations governing\nthe conduct, safety and security of the public shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law. In the case of any conflict between any such rule or\nregulation of the authority governing the conduct, safety and security\nof the public and any local law, local ordinance, local rule or local\nregulation, such rule or regulation of the authority shall prevail.\nNothing in this section shall be construed to exempt the authority from\nany state law, rule or regulation.\n  5. The authority may manage, control and direct the maintenance and\noperation of aviation facilities, equipment or property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nagreed to pursuant to any agreement between the authority and any public\ncorporation and except as hereinafter specially provided, no\nmunicipality except for the city, shall have jurisdiction over any\nfacilities of the authority or any of its activities or operations. The\ncity may provide for such facilities' police and fire protection\nservices.\n  6. The authority may accept unconditional grants of money or property\nfrom any municipality the whole or any part of which municipality shall\nbe served or to be served by an aviation facility operated by the\nauthority. Such grants of money or property would be for the purpose of\nassisting the authority in meeting its capital or operating expenses.\nThe acceptance of any such grant shall not operate to make the authority\nan agency of the municipality making the grant.\n  7. In any instance where the city is required by law, with respect to\nan airport or any aviation facilities, to conduct a public hearing in\nconnection with a contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not enter into such contract,\nlease, joint service arrangement, or establish, fix, revise or levy any\ncharge, fare, rental, landing and field use fee, concession fee or other\nfee unless and until the authority has held a public hearing at which\ninterested persons have had an opportunity to be heard concerning the\nsame, provided however, if the city has conducted a public hearing in\nconnection with such contract, lease, joint service arrangement, charge,\nfare, rental or fee, the authority shall not be required to hold a\npublic hearing. Notice of such public hearing shall be published by the\nauthority at least ten days before the date set therefor, in at least\none newspaper of general circulation in the county and on the authority\nwebsite. Such notice shall set forth the date, time and place of such\nhearing and shall include a brief description of the matters to be\nconsidered at such meeting. At all such hearings, any interested persons\nshall have an opportunity to be heard concerning the matters under\nconsideration. Any decision of the authority on matters considered at\nsuch public hearing shall be in writing and be made available in the\noffice of the authority for public inspection during regular office\nhours and posted on the authority website.\n  8. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, no more\nthan two wholly owned subsidiary corporations of the authority for the\npurposes of operating parking and concessions including food, beverage,\nand retail services, and airline and aircraft services including\nticketing, baggage and fueling services and other services for the\noperation of the airport. The authority may transfer to or from any such\ncorporation, or between such corporations, any moneys, real property or\nother property or the services of any officers, employees or consultants\nfor any of the purposes of this title. The directors or members of each\nsuch subsidiary corporation shall be the same persons holding the\noffices of members of the authority. Each such subsidiary corporation\nand any of its property, functions and activities shall have all of the\nprivileges, immunities, tax exemptions and other exemptions of the\nauthority and of the authority's property, functions and activities.\nEach such subsidiary corporation shall be subject to the restrictions\nand limitations to which the authority may be subject. Each such\nsubsidiary corporation shall be subject to suit in accordance with\nsection twenty-seven hundred ninety-nine-www of this title. The\nemployees of any such subsidiary corporation, except those who are also\nemployees of the authority, shall not be deemed employees of the\nauthority.\n
N.Y. PBA Law § 2799-XXX-1 — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-XXX-1
Website
Status: in_force

§ 2799-xxx-1. Website. The authority shall make accessible to the\npublic, via its official or shared internet website, documentation\npertaining to its mission, current activities, most recent annual\nfinancial reports, current year budget and its most recent independent\naudit report unless such information is covered by subdivision two of\nsection eighty-seven of the public officers law.\n
N.Y. PBA Law § 2799-CCC — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-CCC
Definitions
Status: in_force

§ 2799-ccc. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. "Airport" shall mean any area of land or water which is used, or\nintended for use, for the landing and takeoff of aircraft, and any\nappurtenant areas which are used, or intended for use, for airport\nbuildings or other aviation facilities, airport facility or\nrights-of-way, together with all airport buildings and facilities\nlocated thereon, including any heliport;\n  2. "Airport hazard" shall mean any structure or object of natural\ngrowth located on or in the vicinity of an airport, or any use of land\nnear such an airport, which obstructs the airspace required for the\nflight of aircraft in landing or taking off at such airport or is\notherwise hazardous to such landing or taking off of aircraft;\n  3. "Authority" shall mean the corporation created by this title;\n  4. "Aviation facilities" shall mean any airport facility or terminal\nincluding but not limited to any facility, property or equipment\nnecessary, convenient or desirable for the landing, taking off,\naccommodation or servicing of aircraft of all types, and shall include\nsuch other facilities, equipment, property, structures and appurtenances\nas may be necessary or convenient in the operation, maintenance,\ndevelopment or improvement of an airport including facilities,\nequipment, property, structures, and appurtenances, leased by the\nauthority to persons, engaged in air transportation or the production or\ndevelopment of materials, goods or equipment for an airport or air\ntransportation or in providing facilities or equipment for the\naccommodation, safety, security or comfort of the traveling public and\nfor purposes related or incidental to one or more of the foregoing\npurposes. It shall include, without limitation, runways, aprons,\nhangars, control towers, ramps, taxiways, navigation aids, warehouses,\noffice and service buildings, structures, parking facilities, concession\nfacilities, restaurants located in the terminal, motels and hotels\nlocated in the terminal, retail stores, maintenance facilities, fuel\nfacilities, and facilities for the loading, unloading, holding,\ninterchange or transfer of such passengers, freight, baggage or cargo.\nIt shall also mean any property necessary to remove, mitigate, prevent\nor limit airport hazards. It shall also mean facilities and equipment\nproviding access to an airport facility or terminal, including\nappropriate mass transportation terminal facilities at and within the\nairport facility or terminal itself. It shall also mean highways, access\nroads, driveways and approaches in the vicinity of an airport facility\nor terminal providing improved access to such airport facility or\nterminal. Notwithstanding any contrary provision of law, general,\nspecial or local, it shall also mean railroad projects related or of\nbenefit to an airport facility or terminal consisting of railroad\ntransportation facilities; and any equipment, improvement, structure or\nfacility or any land, and any building, structure, facility or other\nimprovement thereon, or any combination thereof, and all property in\nconnection therewith or incidental thereto, deemed necessary or\ndesirable in the opinion of the authority, whether or not now in\nexistence or under construction, for the undertaking of such railroad\nprojects (exclusive of privately owned, stand alone railroad facilities\nwhich do not provide a benefit to the airport).\n  5. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders which shall\napply with equal force and effect to notes and noteholders,\nrespectively, unless the context otherwise clearly requires.\n  6. "City" shall mean the city of Syracuse.\n  7. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\ninstallation, reconstruction, renovation or rehabilitation of a project\nincluding any appurtenances thereto which may be necessary or desirable\nto promote the efficiency or effectiveness of such project; the\ninspection and supervision thereof; and the engineering, consulting,\narchitectural, legal, fiscal and economic and environmental\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto and\nclaims arising therefrom.\n  8. "Cost" as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, both real and\npersonal, improved and unimproved, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of relocating tenants or other occupants of the buildings or\nstructures on such land and the cost of acquiring any lands to which\nsuch buildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultants' and legal services, the cost of lease guarantees,\ncredit enhancement or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any public corporation, the state, the federal\ngovernment or any other person for expenditures that would be costs of\nthe project hereunder had they been made directly by the authority.\n  9. "County" shall mean Onondaga county.\n  10. "Equipment" shall mean snow removal vehicles, fire fighting and\nrescue vehicles, passenger and freight vehicles, aircraft, motors,\nboilers, engines, wires, ways, conduits and mechanisms, machinery,\ntools, implements, materials, supplies, instruments and devices of every\nnature whatsoever used or useful for aviation and transportation\npurposes or for the generation or transmission of motive power including\nbut not limited to all power houses, and all apparatus and all devices\nfor navigation, security, safety, signaling, communications and\nventilation as may be necessary, convenient or desirable for the\noperation of aviation facilities and pollution control facilities.\n  11. "Facility" shall mean, among other things, such properties,\nstructures, appurtenances, utilities, terminals, railroad trackage,\nwarehouses, elevators and such other works, properties, buildings or\nallied items necessary or desirable in connection with development,\noperation, maintenance or improvement of airport and public\ntransportation needs and for the accommodation, safety, security or\ncomfort of the public and of commercial enterprise.\n  12. "Federal government" shall mean the United States of America, and\nany department, board, commission, bureau, division, corporation, agency\nor instrumentality thereof.\n  13. "Joint service arrangement" shall mean agreements between or among\nthe authority and any person, the state, the city, any other public\ncorporation, the federal government, any other state or agency or\ninstrumentality thereof, relating to property, buildings, structures,\nfacilities, services, rates, fares, classifications, divisions,\nallowances or charges (including charges between operators of railroad,\nomnibus and aviation facilities), or rules or regulations pertaining\nthereto, for or in connection with or incidental to transportation in\npart in or upon railroad, omnibus or aviation facilities located within\nthe county and in part in or upon railroad, omnibus or aviation\nfacilities located outside the county.\n  14. "Municipality" shall mean a county, city, town, village or school\ndistrict.\n  15. "Person" shall mean any natural person, firm, partnership,\nassociation, joint venture or corporation, exclusive of a public\ncorporation.\n  16. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n  17. "Pollution control facilities" shall mean any equipment,\nimprovement, structure or facility or any land and any building,\nstructure, facility or other improvement thereon, or any combination\nthereof, and all property deemed necessary therewith, having to do with\nor the end purpose of which is the control, abatement or prevention of\nland, sewer, water, air, noise or general environmental pollution\nderiving from the operation of aviation facilities, including, but not\nlimited to any air pollution control facility, noise abatement or\nsuppression facility (including physical barriers, landscaping and sound\nproofing for the purpose of diminishing the effect of aircraft noise on\nany area adjacent to an airport), water management facility, waste water\ncollecting system, waste water treatment works, sewage treatment works,\ndeicing facility, or sewage treatment system or site.\n  18. "Property" shall mean both real and personal property.\n  19. "Project" shall mean any property or improvements located within\nthe state of New York and within or outside or partially within and\npartially outside Onondaga county, including, but not limited to,\nmachinery, equipment and other facilities deemed necessary or desirable\nin connection therewith, or incidental thereto, whether or not now in\nexistence or under construction, which shall be necessary or suitable\nfor aviation purposes and airport development and which may include or\nmean aviation facilities and pollution control facilities; provided,\nhowever, the authority shall not use its funds in respect of any part of\na project located wholly or partially outside the county without the\nprior consent thereto by the governing body of any other county in which\na part or parts of the project is, or is to be located. It shall also\nmean any property necessary to remove, mitigate, prevent or limit\nairport hazards.\n  20. "Public corporation" shall mean a county, city, town, village,\nschool district or special district, any public benefit corporation,\nagency or instrumentality of the state or of any municipality, or two or\nmore of any of the foregoing acting jointly.\n  21. "Real property" shall mean lands, structures, franchises and\ninterests in land, airspace, waters, lands under water, riparian rights,\nair rights, any fixtures, equipment and articles of personal property\naffixed to or used in connection therewith, and any and all things and\nrights included within said term and includes not only fees simple\nabsolute but also any and all lesser interests including but not limited\nto easements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages, or otherwise.\n  22. "Revenues" shall mean all rates, fees, rents, revenues, charges\nand other income derived by the authority from the operation, leasing,\nsale or other disposition of a project or projects.\n  23. "State" shall mean the state of New York.\n
N.Y. PBG Law § 437 — New York Code / Act PBG / Article 13 / Title 34 / Section 437
Poughkeepsie Housing Authority
Status: in_force

§ 437. Poughkeepsie Housing Authority.  A municipal housing authority,\nto be known as the Poughkeepsie Housing Authority, is hereby created and\nestablished for the city of Poughkeepsie in the county of Dutchess for\nthe accomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. PBA Law § 2799-TTT — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-TTT
Conflicts of interest
Status: in_force

§ 2799-ttt. Conflicts of interest. Eligibility for appointment as a\ndirector, officer or employee of the authority shall be subject to the\nprovisions of section twenty-eight hundred twenty-five of this chapter.\nIn addition to the requirements of such section:\n  1. It shall be a misdemeanor for any member, officer or employee of\nthe authority to be in any way or manner interested, directly or\nindirectly, in the furnishing of work, materials, supplies or labor, or\nin any contract therefore which the authority is empowered by this title\nto make.\n  2. If any director, officer or employee of the authority shall have an\ninterest, either direct or indirect, in any contract to which the\nauthority is or is to be a party, such interest shall be disclosed to\nthe authority in writing and shall be set forth in the minutes of the\nauthority. The director, officer or employee having such interest shall\nnot participate in any action by the authority with respect to such\ncontract.\n  3. No director, officer or employee of the authority shall be deemed\nto have such an interest solely by reason of the ownership of two\npercent or less of the securities of a corporation which is or is to be\na party to a contract with the authority, including without limitation\nthe holding company of any banking institution in which the funds of the\nauthority are, or are to be deposited, or which is or is to be acting as\ntrustee or paying agent under any bond or note resolution, trust\nindenture or similar instrument to which the authority is a party.\n  4. Nothing in this section shall be deemed or construed to limit the\nright of any director, officer or employee of the authority to acquire\nan interest in the securities of the authority.\n
N.Y. PBA Law § 2799-KKK — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-KKK
Remedies of bondholders
Status: in_force

§ 2799-kkk. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth in this title or incident to the\ngeneral representation of bondholders in the enforcement and protection\nof their rights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n
N.Y. PBA Law § 2799-RRR — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-RRR
Actions against authority
Status: in_force

§ 2799-rrr. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority, its members, officers, or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe authority or of any member, officer, agent or employee thereof,\nunless (a) a notice of claim shall have been made and served upon the\nauthority within the time limit set by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, (c) the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based, and (d) an action\nagainst the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. No action or special proceeding, for any cause whatever, except as\nhereinafter provided, relating to airport property, facilities or\noperations or involving the rights or interests of the airport or the\nairport authority shall be prosecuted or maintained against the airport\nauthority unless it shall appear by and as an allegation in the\ncomplaint or necessary moving papers that a written verified claim upon\nwhich action or special proceeding is founded was served on the airport\nauthority, in the same manner as a summons under the CPLR, within three\n(3) months after the accrual of such claim. The provisions of this\nsection shall not apply to an action or special proceeding founded upon\ntort which shall be governed by the provisions of section fifty-e of the\ngeneral municipal law, or to the extent disallowed under federal law,\nregulations, or by agreement with the federal government.\n  3. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  4. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of Onondaga county.\n  6. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 2799-PPP — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-PPP
Agreement with city
Status: in_force

§ 2799-ppp. Agreement with city. The city is authorized to pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the authority pursuant to the provisions of\nthis title that the city will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreements made with the\nholders of the bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way impair the\nrights and remedies of the holders of bonds, until the bonds, together\nwith interest thereon, including interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of the holders of bonds, are fully met and\ndischarged and such contracts are fully performed on the part of the\nauthority.\n
N.Y. PBA Law § 2799-UUU — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-UUU
Agreements relating to payment in lieu of taxes
Status: in_force

§ 2799-uuu. Agreements relating to payment in lieu of taxes. 1. In\norder to assure that municipalities may not suffer undue loss payments\nin lieu of taxes, the city has entered into payment in lieu of tax\nagreements with the East Syracuse Minoa central school district, the\ntown of Dewitt, the town of Salina, the town of Cicero and the North\nSyracuse central school district. The authority is obligated to continue\nto make any PILOT payments as set forth in these PILOT agreements.\n  2. Subject to any agreement with bondholders, the authority may, but\nis not required to, increase the amount of the payments in lieu of taxes\nto any such municipality in respect of any real property which is owned\nor leased by the authority, is located in such municipality, and is used\nfor the airport, aviation facilities, pollution control facilities, and\nother facilities used for public aviation purposes or for airport\ndevelopment or to support or in connection with the airport, aviation\nfacilities or pollution control facilities. For the purposes of this\nsection, such public aviation purposes shall include without limitation\nair terminal facilities, aviation facilities, parking facilities, fuel\nfacilities, maintenance facilities, and facilities for the loading,\nunloading, holding, interchange or transfer of passengers, freight,\nbaggage or cargo.\n  3. (a) In the event that any real property acquired by the authority\nsubsequent to the effective date of this act is used or is to be used by\nthe authority, or a lessee thereof, for purposes other than the airport,\naviation facilities, pollution control facilities, and other facilities\nused for public aviation purposes or for airport development or to\nsupport or in connection with the airport, aviation facilities, or\npollution control facilities, the authority, or a lessee thereof, as the\ncase may be, shall enter into agreements with any municipality of the\nstate to pay annual sums in lieu of taxes in respect of such real\nproperty located in such municipality. For the purposes of this section,\nsuch purposes other than the airport, aviation facilities, pollution\ncontrol facilities, and other facilities used for public aviation\npurposes or for airport development or to support or in connection with\nthe airport, aviation facilities, or pollution control facilities, shall\ninclude without limitation hotels, motels, restaurants, retail stores\nand concessions that are not located within any air terminal building,\noffice buildings to the extent not used by the authority or any other\npublic corporation for its own corporate purposes, and such other\nbuildings and improvements as determined by the authority to be not\nexclusively for the airport, aviation facilities, pollution control\nfacilities, and other facilities used for aviation purposes or for\nairport development or to support or in connection with the airport,\naviation facilities, or pollution control facilities.\n  (b) The authority shall determine: (i) the amount of such annual\npayments in lieu of taxes, (ii) whether the use of such property is for\npurposes other than public aviation purposes and (iii) the extent to\nwhich such property is used for purposes other than public aviation\npurposes.\n
N.Y. PBA Law § 2799-ZZZ — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-ZZZ
Effect of inconsistent provisions
Status: in_force

§ 2799-zzz. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of the\ncity charter or any local law, local charter, local ordinance or local\nresolution of the county or any other municipality, the provisions of\nthis title shall be controlling. Insofar as the provisions of this title\nare inconsistent with any state law, rule or regulation the state law,\nrule or regulation will prevail. Nothing contained in this section shall\nbe held to supplement or otherwise expand the powers or duties of the\nauthority otherwise set forth in this title nor abridge the powers or\nduties of any state agency or department. Except as specifically\nprovided for in this title, in the performance of any of its functions,\npowers and duties, the authority shall be subject to all applicable\ngeneral or special laws of the state, the city charter, and any local\nlaw, ordinance or resolution of the city.\n
N.Y. PBA Law § 2799-QQQ — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-QQQ
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2799-qqq. Exemption from taxes, assessments and certain fees. 1. The\nauthority, notwithstanding the provisions of the real property tax law,\nany other general, special, or local law, or ordinance, rule or\nregulation to the contrary, with respect to the airport, aviation\nfacilities, pollution control facilities, any real property, and any\nfacility shall be exempt from taxation and shall not be required to pay\nany fees, taxes, special ad valorem levies or special assessments,\nwhether state or local, including but not limited to fees, taxes,\nspecial ad valorem levies or assessments on real property, franchise\ntaxes, sales taxes or other excise taxes, upon the airport, aviation\nfacilities, pollution control facilities, any facility or any property\nowned or leased by it or under its jurisdiction, control or supervision,\nor upon the uses thereof, or upon its activities in the operation and\nmaintenance of its facilities or any fares, tolls, rentals, rates,\ncharges, fees, revenues or other income received by the authority.\nNotwithstanding the previous sentence; (1) the authority shall be\nrequired to pay (a) only those special ad valorem levies or assessments\npayable by the city immediately prior to the effective date of this act\nand (b) scheduled payments in lieu of taxes payable by the city to\nschool districts and to towns pursuant to PILOT agreements in effect\nimmediately prior to the effective date of this act; and (2) tax parcels\nnot owned by the city and not tax exempt prior to the effective date of\nthis act shall not become tax exempt upon the effective date of this\nact. Tax parcels acquired by the authority subsequent to the effective\ndate of this act shall be exempt from taxes, assessments, special ad\nvalorem levies, and special assessments fees as provided herein, subject\nto the obligation to make payments in lieu of taxes to the extent\nprovided in subdivision three of section twenty-seven hundred\nninety-nine-uuu of this title. The authority, notwithstanding the\nprovisions of any general, special, or local law, or ordinance,\nresolution, rule, or regulation to the contrary, with respect to the\nairport, aviation facilities, pollution control facilities, real\nproperty, and other facilities used for public aviation purposes or for\nairport development or to support or in connection with the airport,\naviation facilities, pollution control facilities, real property or\nother facilities, shall at all times be exempt from any filing, mortgage\nrecording or transfer fees or taxes in relation to instruments filed,\nrecorded or transferred by them or on their behalf. The construction,\nuse, occupation or possession of any property owned by the authority,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall at all times be\nexempt from taxes, except for transfer and estate taxes. The state\nhereby covenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds, that the\nbonds of the authority issued pursuant to this title and the income\ntherefrom and all revenues, moneys, and other property pledged to secure\nthe payment of such bonds shall at all times be free from taxation,\nexcept for transfer and estate taxes.\n
N.Y. PBA Law § 2799-GGG-1 — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-GGG-1
Authority police force
Status: in_force

§ 2799-ggg-1. Authority police force. The authority is hereby\nauthorized and empowered to provide and maintain an authority police\ndepartment and a uniformed authority police force. Each member of such\nuniformed police force shall be a "police officer" as that term is\ndefined in paragraph (e) of subdivision thirty-four of section 1.20 of\nthe criminal procedure law, with all of the powers of such police\nofficers thereunder and subject to the same jurisdictional provisions on\nthe exercise of that power as set forth in such law. The geographical\narea of employment of such police officers for the purposes of the\ncriminal procedure law shall be limited to the buildings and grounds of\nthe authority. Such department and force shall have the power, in and\nabout any or all of the facilities owned, occupied and/or operated by\nthe authority, to enforce and prevent violation of all laws. Nothing\nherein shall confer upon the authority police force or upon their\ncollective negotiations representatives exclusive jurisdiction or claim\nover the exercise of police power or security work on behalf of the\nauthority. Nothing herein shall limit the authority from continuing to\nrely on local police for police services. However, traditional police\nfunctions previously performed by the city of Syracuse police department\nshall continue to be performed by the authority police force.\n
N.Y. PBA Law § 2799-EEE — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-EEE
Advances on behalf of authority, transfer of property to authority, acquisition of property by city or authority
Status: in_force

§ 2799-eee. Advances on behalf of authority, transfer of property to\nauthority, acquisition of property by city or authority. 1. In addition\nto any powers granted to it by law, the city or any other public\ncorporation may, from time to time, appropriate by ordinance or\nresolution sums of money to defray project costs or any other costs and\nexpenses of the authority including operating expenses. Subject to the\nrights of bondholders, the city or such other public corporation may\ndetermine if the moneys so appropriated shall be subject to repayment by\nthe authority to the city or such other public corporation and, in such\nevent, the manner and time or times for such repayment.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, any public corporation\nmay, by a majority vote of its governing body and the approval of its\nchief executive officer, give, grant, sell, convey, loan, license the\nuse of or lease to the authority any property or facilities, including\naviation facilities and pollution control facilities, which are useful\nin connection with the exercise by the authority of its powers under\nthis title. Any such gift, grant, sale, conveyance, loan, license or\nlease shall be upon such terms and conditions, and for such term or\nterms of years, subject to the rights of the holders of any bonds, as\nthe authority and such public corporation may agree. Any such gift,\ngrant, sale, conveyance, lease, loan or license shall not be subject to\nreferendum, permissive or mandatory. In the event that any public\ncorporation gives, grants, sells, conveys, loans, licenses or leases any\naviation facilities, real property, facilities or pollution control\nfacilities to the authority, such public corporation may contract with\nthe authority to lease, borrow, license, operate, maintain, manage and\nprovide services for such real property or facilities upon such terms\nand conditions and for such term or terms of years, subject to the\nrights of holders of bonds, as the authority and such public corporation\nmay agree. The authority, in furtherance of any purchase, conveyance or\nlease of any property or facility from any public corporation, may\nassume the primary responsibility for the payment of the principal and\ninterest on any bonds or notes issued by such public corporation for\nsuch property or facility. For purposes of section 136.00 of the local\nfinance law, any agreement by the authority to assume the primary\nresponsibility for the payment of the principal and interest on any\nbonds or notes issued by any such public corporation shall, so long as\nsuch agreement shall continue to be honored by the authority, cause such\nbonds or notes to be deemed to have been refunded and any such public\ncorporation may deduct from its gross indebtedness any outstanding\nindebtedness contracted for such property or facility to be acquired by\nthe authority.\n  3. The city may acquire by purchase, grant, lease, gift or\ncondemnation pursuant to the eminent domain procedure law real property\nin the name of the city for any corporate purpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or the city from the\nstate may be used for any corporate purpose of the authority.\n
N.Y. PBA Law § 2799-AAA — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-AAA
Short title
Status: in_force

§ 2799-aaa. Short title. This title may be cited as the "Syracuse\nregional airport authority act".\n
N.Y. PBA Law § 2799-VVV — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-VVV
Audit and annual report
Status: in_force

§ 2799-vvv. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. In addition to the reporting requirements of article nine of\nthis chapter, the authority shall annually submit to the governor and\nthe state comptroller and to the chairperson of the senate finance\ncommittee and the chairperson of the assembly ways and means committee a\ndetailed report pursuant to the provisions of section two thousand eight\nhundred of title one of article nine of this chapter, and a copy of such\nreport shall be filed with the clerk of the Syracuse common council and\nthe mayor.\n
N.Y. PBA Law § 2799-BBB — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-BBB
Statement of legislative findings and purpose
Status: in_force

§ 2799-bbb. Statement of legislative findings and purpose. The\nlegislature hereby finds and declares as follows:\n  1. The economic well-being of the state and the general welfare of its\npeople require adequate, safe, secure and efficient aviation and\ntransportation facilities at a reasonable cost to the people.\n  2. The strengthening and improvement of aviation facilities and\nrelated services for the central part of the state is a matter of vital\nimportance not only to the residents of central New York but to all the\nstate's residents and is therefore a matter of state concern.\n  3. In order to ensure a healthy economy for such area and to promote\nthe general welfare of its residents, it is necessary to expand and\nimprove the existing aviation facilities and services in the central New\nYork region in such a manner as to stimulate and promote increased\nlocal, state, national and international air travel and commerce\nthroughout central New York.\n  4. The health, welfare, safety and security of the state's residents\nand of those passengers using air transportation requires coordinated\noperation of aviation facilities and services in the central New York\nregion by a public benefit airport authority.\n  5. The purposes of such authority shall be:\n  (a) to stimulate and promote economic development, trade and tourism;\n  (b) to acquire, construct, reconstruct, continue, develop, equip,\nexpand, improve, maintain, finance and operate aviation and other\nrelated facilities and services within central New York;\n  (c) to promote safe, secure, efficient and economical air\ntransportation by preserving and enhancing airport capacity;\n  (d) to form an integral part of a safe and effective nationwide system\nof airports to meet the present and future needs of civil aeronautics\nand national defense and to assure inclusion of the authority's\nfacilities in state, national and international programs for air\ntransportation and for airport or airway capital improvement, all in\naccordance with the provisions of this title; and\n  (e) to ensure that aviation facilities authorized pursuant to this\ntitle shall provide for the protection and enhancement of the natural\nresources and the quality of the environment of the state and the\ncentral New York area.\n  6. Such purposes are in all respects public purposes for the benefit\nof the people of the state of New York and for which public funds may be\nexpended and both the city of Syracuse and the authority in carrying out\ntheir respective powers and duties under this title shall be deemed to\nbe acting in a governmental capacity. The acquisition, construction,\nreconstruction, development, expansion, improvement, equipping,\noperation and maintenance of any project financed or undertaken by the\nauthority or the city shall be deemed to be the performance of an\nessential governmental function by the authority or the city acting in\nits governmental capacity, whether such project shall be owned or\noperated by the authority or by any person or public corporation.\n  7. It is hereby found and declared that it has been and remains the\npolicy of the state of New York to promote equal opportunity in\nemployment for all persons, without discrimination on account of race,\ncreed, color, national origin, sex, sexual preference, age, disability\nor marital status, to promote equality of economic opportunity for\nminority group members and women, and business enterprises owned by\nthem, and to eradicate the effects of private and governmental\ndiscrimination which has erected and continues to maintain barriers that\nunreasonably impair access by minority and women-owned business\nenterprises to state contract opportunities. For the purpose of\nfurthering the state's compelling interest in eradicating the effects of\nracial and sexual discrimination, therefore, it is necessary and proper\nthat article fifteen-a of the executive law, concerning participation by\nminority group members and women and business enterprises owned by them,\nshall apply to the Syracuse regional airport authority.\n
N.Y. PBA Law § 2799-DDD — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-DDD
Syracuse regional airport authority
Status: in_force

§ 2799-ddd. Syracuse regional airport authority. 1. There is hereby\ncreated the Syracuse regional airport authority. The authority shall be\na body corporate and politic constituting a public benefit corporation.\nThe authority shall consist of eleven members who shall be appointed as\nfollows: seven shall be appointed by the mayor of the city of Syracuse,\none shall be appointed by the county executive of Onondaga county, one\nshall be appointed by the town board of the town of Dewitt, one shall be\nappointed by the board of education of the East Syracuse Minoa Central\nSchool District, and one shall be appointed for a period of one year,\nalternately, by the board of education of the North Syracuse Central\nSchool District and the town board of the town of Salina, Cicero or\nClay. The member initially appointed by the county executive and two of\nthe members initially appointed by the mayor shall serve for a term\nending December thirty-first, two thousand fourteen. Two of the members\ninitially appointed by the mayor shall serve for a term ending December\nthirty-first, two thousand fifteen. Three members initially appointed by\nthe mayor, the member appointed by the town board of the town of Dewitt,\nand the member appointed by the board of education of the East Syracuse\nMinoa Central School District, shall serve for a term ending December\nthirty-first, two thousand sixteen. The first member appointed by the\ntown board of the town of Salina, Cicero or Clay, or by the board of\neducation of the North Syracuse Central School District, shall be\nappointed by the town board of the town of Cicero and shall serve for a\nterm ending December thirty-first, two thousand thirteen. Following the\nexpiration of such member's two year term, the subsequently appointed\nmember shall be appointed by the town board of the town of Salina.\nFollowing the expiration of such member's two year term, the\nsubsequently appointed member shall be appointed by the town board of\nthe town of Clay. Following the expiration of such member's two year\nterm, the subsequently appointed member shall be appointed by the board\nof education of the North Syracuse Central School District. Thereafter,\neach subsequent member shall be appointed alternately by each town or\nthe board of education in the same order as the initial appointments.\nThe mayor shall designate one of the eleven members to serve as\nchairperson of the authority. With the exception of the member appointed\nby the board of education of the North Syracuse Central School District\nor by the town board of the town of Salina, Cicero or Clay, who shall\nserve a two year term, and those initial appointees whose terms are\nthree years or less, each member shall serve a term of four years.\n  2. All members shall continue to hold office until their successors\nare appointed and qualify. Provided that upon a new mayor of the city\ntaking office, the incoming mayor may replace the city appointee with\nthe shortest remaining term with a new appointee. Vacancies shall be\nfilled in the manner provided for original appointment. Vacancies,\noccurring otherwise than by expiration of term of office, shall be\nfilled for the unexpired terms. Members may be removed from office for\nthe same reasons and in the same manner as may be provided by section\ntwenty-eight hundred twenty-seven of this chapter. The members of the\nauthority shall receive no compensation for their services but shall be\nreimbursed for all their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title. The\npowers of the authority shall be vested in and be exercised by the\nmembers of the authority at a meeting duly called and held and a\nmajority of directors shall constitute a quorum. No action shall be\ntaken except pursuant to the favorable vote of at least a majority of\nmembers. The members of the authority may delegate to one or more of its\nmembers, officers, agents or employees such powers and duties as it may\ndeem proper.\n  3. The authority shall have a regional advisory board consisting of\neight non-voting members. The membership shall include one member\nappointed by the county executive of Oneida county, one member each\nappointed by the chairpersons of the county legislatures of Onondaga,\nOswego, Cortland, Cayuga, and Jefferson counties, one member appointed\nby the chairperson of the board of supervisors of Madison county, and\none member appointed by the Common Council of the City of Syracuse.\nMembers will be appointed for two year terms and may be reappointed.\n  4. Appointments to the authority and to the non-voting advisory board\nshall be geographically diverse and include representatives from\nbusiness, finance, and labor.\n  5. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a member, officer or employee of the authority, nor shall\nservice as such member, officer or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n  6. All members of the authority will be required to comply with the\nprovisions of this chapter and to complete all disclosure forms required\nby this chapter.\n  7. The authority shall continue for a term of one year after all its\nbonds have been fully paid and discharged. Upon termination of the\nexistence of the authority, all of its rights and property shall pass to\nand be vested in the city.\n
N.Y. PBA Law § 2799-MMM — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-MMM
Moneys of the authority
Status: in_force

§ 2799-mmm. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The moneys in such accounts shall be paid out on check of the\ntreasurer upon requisition by such person or persons as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of the United States or of the state or\nof any municipality of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. To the extent practicable, consistent with\nthe cash requirements of the authority, all such moneys shall be\ndeposited in interest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the state comptroller, the authority shall prescribe a system of\naccounts.\n
N.Y. PBA Law § 2799-WWW — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-WWW
Limited liability
Status: in_force

§ 2799-www. Limited liability. Neither members, officers or employees\nof the authority, nor any municipality, or an officer or employee\nthereof acting on behalf of the authority, while acting within the scope\nof their authority, shall be subject to any personal liability resulting\nfrom the construction, maintenance or operation of any of the properties\nof the authority or from carrying out any of the powers expressly given\nin this title unless the conduct is finally determined by a court of\ncompetent jurisdiction to constitute intentional wrong doing or\nrecklessness provided, however, that this section shall not be held to\napply to any independent contractor.\n
N.Y. PBA Law § 2799-SSS — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-SSS
Contracts
Status: in_force

§ 2799-sss. Contracts. All contracts for construction shall be let by\nthe authority in conformity with the applicable provisions of section\none hundred thirty-five of the state finance law and shall be let in\naccordance with the provisions of state law pertaining to prevailing\nwages, labor standards and working hours. The authority may, in its\ndiscretion, assign contracts for supervision and coordination to the\nsuccessful bidder for any subdivision of work for which the authority\nreceives bids. The authority shall not award any construction contract\nexcept to the lowest bidder who, in its opinion, is qualified to perform\nthe work required and who is responsible and reliable. The authority\nmay, however, reject any or all bids or waive any informality in a bid\nif it believes that the public interest will be promoted thereby. The\nauthority may reject any bid if, in its judgment, the business and\ntechnical organization, plant, resources, financial standing, or\nexperience of the bidder justifies such rejection in view of the work to\nbe performed.\n
N.Y. PBA Law § 2799-III — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-III
City notice required
Status: in_force

§ 2799-iii. City notice required. Notwithstanding any inconsistent\nprovision of this title, no project having an aggregate cost exceeding\nten million dollars, including but not limited to the acquisition of\nreal property by the authority or the expansion of the authority's\naviation facilities, may be undertaken by the authority unless the\nauthority has provided notice of such project to the Syracuse common\ncouncil and the mayor.\n
N.Y. PBA Law § 2799-LLL — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-LLL
State, county, and city not liable on authority bonds
Status: in_force

§ 2799-lll. State, county, and city not liable on authority bonds.\nNeither the state, the county, nor the city shall be liable on the bonds\nof the authority and such bonds shall not be a debt of the state, the\ncounty, or the city, and such bonds shall contain on the face thereof a\nstatement to such effect.\n
N.Y. PBA Law § 2799-NNN — New York Code / Act PBA / Article 8 / Title 34 / Section 2799-NNN
Bonds legal investment for fiduciaries
Status: in_force

§ 2799-nnn. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever, who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state may\nproperly and legally invest funds including capital in their control or\nbelonging to them. Notwithstanding other provisions of law, the bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of the state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n