NY Pub Auth L § 1299-F (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-A - Niagara Frontier Transportation Authority 1299-F - Special Powers of the Authority.

§  1299-f. Special powers of the authority. In order to effectuate the   purposes of this title: 1. The authority may acquire, by purchase, gift,   grant, transfer, contract or lease, any transportation facility,  wholly   or  partially within the Niagara Frontier transportation district or any   part thereof, or the use thereof, and may enter into any  joint  service   arrangements  as  hereinafter  provided.  Any  such acquisition or joint   service arrangement shall  be  authorized  only  by  resolution  of  the   authority  approved  by  not less than a majority of the whole number of   members of the authority then in office.  In  addition  to  and  not  in   limitation  of  any  other  power  conferred  upon  the authority by the   provisions  of  this  title,  the  authority  is  hereby  empowered  and   authorized  in  respect  of any property and assets at any time owned or   held by, or under the jurisdiction of, the Buffalo and Fort Erie  public   bridge  authority, to accept and receive any such interest therein as it   may have been or may hereafter be designated by  the  state  by  law  to   receive,  and  in  respect  thereof, except as otherwise provided by the   designating statute, it shall have and exercise all of  the  powers  and   jurisdiction  herein conferred upon it in respect of any other property,   rights, assets, facilities and projects in any other manner acquired  or   from  any other source received by it pursuant to the provisions of this   title.2. The authority may on such terms and conditions as the authority may   determine  necessary,  convenient   or   desirable   itself   establish,   construct,  effectuate,  operate, maintain, renovate, improve, extend or   repair any  such  transportation  facility,  or  may  provide  for  such   establishment,   construction,   effectuation,  operation,  maintenance,   renovation, improvement, extension or  repair  by  contract,  lease,  or   other  arrangement  on  such  terms as the authority may deem necessary,   convenient or desirable with any person, including but  not  limited  to   any  common  carrier  or freight forwarder, the state, any state agency,   the federal government, any other state  or  agency  or  instrumentality   thereof,  any public authority of this or any other state, any political   subdivision or municipality of the state, or the nation.  In  connection   with  the  operation  of any such transportation facility, the authority   may  establish,  construct,  effectuate,  operate,  maintain,  renovate,   improve,  extend  or  repair  or may provide by contract, lease or other   arrangement   for   the   establishment,   construction,   effectuation,   operation,  maintenance, renovation, improvement, extension or repair of   any related services and activities it deems  necessary,  convenient  or   desirable,  including  but not limited to the transportation and storage   of  freight  and  the  United  States  mail,   feeder   and   connecting   transportation,  parking  areas,  transportation  centers,  stations and   related facilities.3. The authority may establish,  levy  and  collect  or  cause  to  be   established,  levied  and  collected and, in the case of a joint service   arrangement, join with others in the establishment, levy and  collection   of  such  fares, tolls, rentals, rates, charges and other fees as it may   deem necessary, convenient or desirable for the use and operation of any   transportation facility and related services operated by  the  authority   or by a subsidiary corporation of the authority or under contract, lease   or  other  arrangement,  including  joint service arrangements, with the   authority. Any such fares, tolls, rentals, rates, charges or other  fees   for  the  transportation  of passengers shall be established and changed   only if approved by resolution of the authority adopted by not less than   a majority of the whole number of  members  of  the  authority  then  in   office  and  only  after a public hearing, provided however, that fares,   tolls, rentals, rates, charges or other fees for the  transportation  of   passengers  on  any  transportation  facility which are in effect at the    time that the then owner  of  such  transportation  facility  becomes  a   subsidiary corporation of the authority or at the time that operation of   such  transportation  facility  is  commenced  by  the  authority  or is   commenced  under  contract,  lease  or other arrangement including joint   service arrangements, with the authority  may  be  continued  in  effect   without  such  a hearing. Such fares, tolls, rentals, rates, charges and   other fees shall be established as may in the judgment of the  authority   be  necessary  to  maintain the combined operations of the authority and   its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said   operations  shall be deemed to be on a self-sustaining basis as required   by this title, when the authority is able to pay or  cause  to  be  paid   from  revenue  and any other funds or property actually available to the   authority and its subsidiary corporations (a) as the same  shall  become   due,  the  principal  of  and  interest on the bonds and notes and other   obligations of  the  authority  and  of  such  subsidiary  corporations,   together  with the maintenance of proper reserves therefor, (b) the cost   and expense of keeping the properties and assets of  the  authority  and   its  subsidiary  corporations  in good condition and repair, and (c) the   capital and operating expenses  of  the  authority  and  its  subsidiary   corporations.   The authority may contract with the holders of bonds and   notes with respect to the exercise of  the  powers  authorized  by  this   section.4.  The  authority  may  establish  and,  in the case of joint service   arrangements, join with others in the establishment  of  such  schedules   and  standards  of  operations  and  such  other  rules  and regulations   including but not limited to rules and regulations governing the conduct   and safety of the  public  as  it  may  deem  necessary,  convenient  or   desirable  for  the use and operation of any transportation facility and   related services operated by the authority or under contract,  lease  or   other  arrangement,  including  joint  service  arrangements,  with  the   authority. Such rules and regulations governing the conduct  and  safety   of  the public shall be filed with the department of state in the manner   provided by section one hundred two of the executive law. In the case of   any conflict between any  such  rule  or  regulation  of  the  authority   governing  the  conduct  or  safety  of  the  public  and any local law,   ordinance, rule or regulation, such rule or regulation of the  authority   shall prevail. Violation of any such rule or regulation of the authority   governing  the  conduct  or  the  safety  of  the  public in or upon any   facility of the authority shall  constitute  an  offense  and  shall  be   punishable by a fine not exceeding fifty dollars or imprisonment for not   more than thirty days or both, or may in the alternative be designated a   transit   infraction   punishable  by  the  imposition  by  the  transit   adjudication bureau established pursuant to the provisions of this title   of a civil penalty in an amount for any one violation of not  to  exceed   two  hundred  fifty  dollars,  exclusive  of  interest or costs assessed   thereon, in accordance with a schedule of such  penalties  as  may  from   time  to time be established by the authority. There shall be no penalty   or increment in fine by virtue of a respondent's timely exercise of  his   right to a hearing or appeal.  The rules may provide, in addition to any   other sanctions, for the confiscation of tokens, tickets, cards or other   fare  media  that have been forged, counterfeited, improperly altered or   transferred, or otherwise used in a manner inconsistent with such rules.5. The authority may acquire, hold, own, lease, establish,  construct,   effectuate,  operate,  maintain, renovate, improve, extend or repair any   of its facilities through, and cause any one  or  more  of  its  powers,   duties,  functions or activities to be exercised or performed by, one or   more wholly owned subsidiary  corporations  of  the  authority  and  may   transfer  to or from any such corporation, or between such corporations,    any moneys, real property or other  property  or  the  services  of  any   officers,  employees  or  consultants  for  any  of the purposes of this   title. The directors or members  of  each  such  subsidiary  corporation   shall  be  the  same  persons  holding  the  offices  of  members of the   authority. Each such subsidiary corporation and  any  of  its  property,   functions  and  activities shall have all of the privileges, immunities,   tax exemptions  and  other  exemptions  of  the  authority  and  of  the   authority's  property,  functions  and  activities. Each such subsidiary   corporation shall be subject to  the  restrictions  and  limitations  to   which  the  authority  may  be subject. Each such subsidiary corporation   shall be subject to suit  in  accordance  with  section  twelve  hundred   ninety-nine-p  of  this  title.  The  employees  of  any such subsidiary   corporation, except those who are also employees of the authority, shall   not be deemed employees of the authority.If the authority shall determine that one or more  of  its  subsidiary   corporations  should  be in the form of a public benefit corporation, it   shall create each such  public  benefit  corporation  by  executing  and   filing with the secretary of state a certificate of incorporation, which   may  be  amended  from time to time by filing, which shall set forth the   name of such public benefit subsidiary corporation,  its  duration,  the   location  of  its  principal  office,  and any or all of the purposes of   acquiring, owning, leasing,  establishing,  constructing,  effectuating,   operating,  maintaining,  renovating,  improving, extending or repairing   one or more facilities  of  the  authority.  Each  such  public  benefit   subsidiary  corporation  shall be a body politic and corporate and shall   have all those powers vested in the authority by the provisions of  this   title  which the authority shall determine to include in its certificate   of incorporation except the power to contract indebtedness.Any other  provision  of  law  to  the  contrary  notwithstanding  the   authority  may  elect  to  maintain  consolidated records of account for   itself and its subsidiary corporations and to report on  a  consolidated   basis  with regard to the moneys and activities of the authority and its   subsidiary corporations, and the authority shall not be required to keep   separate records of account for or to report separately with  regard  to   moneys  or  activities  of  any of its subsidiary corporations or of the   authority itself apart from its subsidiary corporations or  with  regard   to  transfers  of  property  or  services  between the authority and its   subsidiary corporations or between said subsidiary corporations.The Niagara Frontier port authority shall be deemed to be a subsidiary   corporation for the purposes of this subdivision.Whenever any state, political subdivision,  municipality,  commission,   agency, officer, department, board, division or person is authorized and   empowered  for any of the purposes of this title to co-operate and enter   into agreements with the authority such  state,  political  subdivision,   municipality,  commission,  agency, officer, department, board, division   or person shall have the same authorization and power for  any  of  such   purposes  to  co-operate  and  enter  into  agreements with a subsidiary   corporation of the authority.6. The authority, in its own name or in the name  of  the  state,  may   apply  for and receive and accept grants of property, money and services   and other assistance offered or made available  to  it  by  any  person,   government  or  agency  whatever,  which  it  may use to meet capital or   operating expenses and for any other use within the scope of its powers,   and to negotiate for the same upon such  terms  and  conditions  as  the   authority may determine to be necessary, convenient or desirable.7.  The  authority may do all things it deems necessary, convenient or   desirable to manage, control and direct the maintenance and operation of   transportation facilities, equipment or real  property  operated  by  or    under contract, lease or other arrangement with the authority. Except as   hereinafter   specially   provided,   no   municipality   or   political   subdivision, including but not limited to a county, city, village,  town   or  school or other district shall have jurisdiction over any facilities   of the authority or any of its activities  or  operations.    The  local   laws,  resolutions,  ordinances, rules and regulations of a municipality   or political subdivision, heretofore or hereafter  adopted,  conflicting   with this title or any rule or regulation of the authority, shall not be   applicable  to  the  activities  or  operations of the authority, or the   facilities of the authority, except such facilities that are devoted  to   purposes  other  than  transportation  purposes.  Each  municipality  or   political subdivision, including but not  limited  to  a  county,  city,   village,  town  or district in which any facilities of the authority are   located shall provide  for  such  facilities  police,  fire  and  health   protection  services  of  the  same  character and to the same extent as   those  provided  for  residents  of  such  municipality   or   political   subdivision.The  jurisdiction, supervision, powers and duties of the department of   transportation of the state  under  the  transportation  law  shall  not   extend  to the authority in the exercise of any of its powers under this   title. The authority may agree with such department for the execution by   such department of any grade crossing elimination project or  any  grade   crossing  separation  reconstruction project along any railroad facility   operated by the authority or by one of its  subsidiary  corporations  or   under  contract, lease or other arrangement with the authority. Any such   project  shall  be  executed  as  provided  in  article   ten   of   the   transportation  law and the railroad law, respectively, and the costs of   any such project shall be borne as provided in such  laws,  except  that   the authority's share of such costs shall be borne by the state.