NY Transp L § 43 (2021)
2021 New York Laws TRA - Transportation Article 2-D - Utica Transit Authority 43 - Powers and Duties.

§ 43. Powers  and  duties.  1.  Except  as  otherwise  limited by this article and by article five-I of the general municipal  law,  the  Utica transit  authority  shall  have  the  following  powers  and  duties, in addition to the other powers granted in article five-I  of  the  general municipal law:  (a)  To  investigate  transportation  services  in the municipality or municipalities within its territorial  jurisdiction  and  the  means  of improving such services;  (b)  To  investigate  to  determine  if  there  are  inadequate and/or substandard transportation services;  (c) To publish and disseminate information;  (d) To prepare or arrange for preparation of plans  for  carrying  out and operating municipal projects;  (e)  To  construct,  reconstruct,  improve,  maintain  or  operate, or provide for the construction, reconstruction,  improvement,  maintenance or operation of any municipal project;  (f) To make and execute a contract or contracts for the acquisition by purchase  of  all or any part of the property, plant and equipment of an existing omnibus facility actually used and useful for  the  convenience of the public within the Utica transit authority's jurisdiction;  (g)  To  request  the  municipality or municipalities within the Utica transit authority's jurisdiction for such municipality or municipalities to adopt appropriate  local  laws  to  authorize  such  municipality  or municipalities   to  acquire  through  eminent  domain  proceedings  all property which the Utica  transit  authority  deems  necessary  for  its purposes  which the Utica transit authority is unable to acquire without the use of eminent domain proceedings and to reimburse such municipality or  municipalities  for  all  costs  and  expenses  incident   to   such acquisition;  (h)  To acquire, hold, clear and improve real property or any interest therein for its corporate purposes;  (i) To acquire and hold personal property for its corporate purposes;  (j) To enter upon such real property as in the judgment of  the  Utica transit  authority  may  be necessary for the purpose of making surveys, soundings, borings and examinations of whatever character to  accomplish any  purpose  authorized  by  this  article, the Utica transit authority being liable for actual damage done;  (k) To contract for expert technical and professional services;  (l) To have jurisdiction and control of each of its projects, with the right and duty to establish and charge fares, fees, rentals,  rates  and other charges, and to collect revenues therefrom;  (m) To sell, exchange, transfer, assign or mortgage any property or an interest therein;  (n)  In  connection with any municipal project to lease or rent any of the Utica transit authority's property or  facilities  which  the  Utica transit authority deems advisable;  (o) To agree upon and contract with the municipality or municipalities within  the  Utica  transit  authority's  jurisdiction for the terms and conditions of occupancy or use of any of the streets,  roads,  highways, avenues, parks or public places of such municipality or municipalities;  (p)  To  petition  and  appear  before  local  legislative  bodies and governmental regulatory agencies to seek authorization to provide new or additional services or facilities, or to modify  or  terminate  existing services or facilities; including permission to provide charter service;  (q)  To  acquire  or  contract  to  acquire  from  any  person,  firm, corporation  or  government  by  subsidy,  contribution,  gift,   grant, grant-in-aid,  loan,  bequest,  devise  or  purchase any property or any  interest therein or financial assistance to be utilized in carrying  out any municipal project of the Utica transit authority;  (r)  To  borrow money and to issue bonds and to provide for the rights of the holders thereof;  (s)  To  enter  into  collective  bargaining  agreements  with   labor representatives duly elected or recognized by the employees of the Utica transit authority;  (t)  To  insure  or  provide  for  the  insurance of the Utica transit authority's property or operations as required by law and  also  against such other risks as the Utica transit authority may deem advisable;  (u)  To  limit  by  contract  the exercise of any of the Utica transit authority's powers;  (v) To invest any funds held in reserves  or  sinking  funds,  or  any funds  not required for immediate disbursement in property or securities in which savings  banks  may  legally  invest  funds  subject  to  their control;  (w)  To make and from time to time amend and repeal by-laws, rules and regulations not inconsistent with the provisions of this article for the management and regulation of its affairs and for the regulation  of  its municipal projects;  (x)  To  conduct  examinations  and investigations, hear testimony and take proof under oath at public or  private  hearings  on  any  material matter,  require the attendance of witnesses and the production of books and papers and issue commissions for the examination  of  witnesses  who are out of the state, unable to attend, or excused from attendance;  (y) To authorize a committee designated by the Utica transit authority consisting  of  one  or  more  members,  or  counsel,  or any officer or employee to conduct any such investigation or examination, in which case such committee,  counsel,  officer  or  employee  shall  have  power  to administer oaths, take affidavits and issue subpoenas or commissions;  (z)  To enter into agreements of cooperation with or for the rendition of service to or from a federal, state or municipal governmental agency;  (aa) To sue and be sued;  (bb) To have a seal and alter the same at pleasure;  (cc) To have perpetual succession;  (dd) To make and execute contracts and other instruments necessary  or convenient to the exercise of the Utica transit authority's powers;  (ee)   To  conduct  operations  customarily  considered  ancillary  to rendering transportation services;  (ff) To do all things necessary or convenient to carry out  the  Utica transit authority's powers.  (gg)  1.  In  order  to  effectuate  the  purposes of this article 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 article. 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  sixty-two  of  this chapter.  The employees of any such subsidiary corporation, except those who are also employees of the authority, shall not be  deemed  employees of the authority.   2. 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 article   which   the  authority  shall  determine  to  include  in  its certificate of incorporation except the power to contract indebtedness.   3. Notwithstanding any other provision of law, 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.   4. Notwithstanding section one hundred thirteen of the retirement  and social  security  law  or  any  other general, special or local law, the authority or its subsidiary created pursuant to the provisions  of  this subdivision, shall continue to provide to persons in its employ who were employed  by public transportation facilities heretofore acquired by the authority or who have been employed by the authority, the city of  Utica or  the  Utica  transit  commission  prior  to  and after May twentieth, nineteen hundred seventy, any retirement,  disability,  death  or  other benefits  provided  or  required pursuant to any agreement, including an agreement with a labor union of which its employees are members, and the authority or its subsidiary created pursuant to this section, is  hereby authorized  to retroactively or in the future to make such contributions as may be necessary to provide such benefits pursuant to the  provisions of  chapter  one  thousand  thirty-eight of the laws of nineteen hundred seventy, and any and all payments heretofore made by  the  authority  in compliance  with  the terms of any contract between the authority or its predecessors in  title,  and  the  Amalgamated  Association  of  Street, Electric  and  Motor  Coach Employees of America, Division 582 of Utica, New York, including the trust agreement between said  Division  582  and the Oneida National Bank & Trust Company of Utica, New York, as trustee, originally  dated  December thirtieth, nineteen hundred fifty-seven, and subsequent amendatory  agreements  thereof,  shall  be  and  hereby  are ratified and confirmed.   5.   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 article to cooperate 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  cooperate  and  enter into agreements with a subsidiary corporation of the authority.   2.  The  Utica  transit  authority  shall  file  in  the office of the commissioner annual reports which shall be open  to  public  inspection. Such  reports  shall  include,  in addition to any information which the commissioner may require, a statement with  respect  to  each  completed municipal  project  owned or operated by the Utica transit authority the following data:  (a) Cost breakdown of real property acquired for the project;  (b) Cost breakdown in appropriate units of facilities acquired for the project;  (c) Operating revenues;  (d) Operating expenses;  (e) Number or  estimated  number  of  persons  utilizing  the  project facility.