2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 9 - New York City Transit Authority › 1203 - Transfer of Transit Facilities by the City to the Authority.

§  1203.  Transfer of transit facilities by the city to the authority.
1.  a. On or before June first, nineteen hundred fifty-three,  the  city
may, by resolution of the board of estimate or by instruments authorized
by  any  such resolution, enter into an agreement with the authority for
the transfer to the authority, for use in the execution of its corporate
purposes, of the transit facilities now owned or hereafter  acquired  or
constructed  by  the city and any other materials, supplies and property
incidental to or necessary for the operation thereof. Any such agreement
shall provide for transfer of such facilities by deed, lease, license or
other arrangement, provided the term thereof shall not be less than  ten
years  and  authorize  the  authority  to  take  jurisdiction,  control,
possession  and  supervision  of  such  transit  facilities,  materials,
supplies  and  property  on  or  before June fifteenth, nineteen hundred
fifty-three.
b. (i) Such agreement shall provide that capital costs of a nature not
heretofore charged as operating expenses shall be paid by the  city,  or
at  the option of the authority may be paid in the first instance by the
authority but in such event, the authority shall be entitled to  recover
from  the  city  the  amount  of such costs; provided, however, that the
total amount of such capital costs which the authority may incur without
the approval of the mayor in any city fiscal year shall not exceed  five
million  dollars  and that no other such capital costs shall be incurred
by the authority without such approval. Where the city  is  required  to
reimburse  the authority for the amount of any capital costs pursuant to
such agreement, serial bonds or capital notes may be issued by the city,
pursuant to the local finance law, to finance any such reimbursement  in
the  same manner and to the same extent as if such costs were to be paid
directly by the city.
The authority shall submit annually to the  city  planning  commission
and the mayor of the city on or before October fifteenth in each year an
estimate  of  all such capital costs for inclusion in the capital budget
of the city.
(ii) From and after March first,  nineteen  hundred  sixty-eight,  the
authority  shall  also  have  the  right  to incur capital costs of such
nature in its own name to the extent that capital funds are available to
it for expenditures of such nature pursuant to the provisions of section
twelve hundred nineteen-a of this chapter or of any other  provision  of
law,  which  capital  costs  shall not be payable by the city; provided,
however, that no project to be financed by the use of such capital funds
which is estimated by the authority to involve an expenditure in  excess
of one million dollars shall be commenced unless the mayor and the board
of estimate shall each have been notified in writing by the authority of
the  intent of the authority to undertake such project and of the nature
thereof. No such project shall be commenced if and to  the  extent  that
either  the  mayor  or  a majority in voting power of the members of the
board of estimate shall find that it is incompatible with sound planning
for the development or redevelopment of the city, provided such finding,
together with the reasons therefor, is set forth in a writing  delivered
to  the  authority within thirty days of the receipt by the mayor or the
board of estimate, as the case  may  be,  of  the  notification  of  the
authority  relating  to  such  project.  If  any  such project is not so
disapproved, it may nevertheless not be commenced unless and  until  the
city  shall  have  been  given an opportunity to include the same in the
capital budget of the city  for  the  first  fiscal  year  of  the  city
commencing  not less than six months after receipt of such notification.
If and to the extent that such  project  is  included  in  such  capital
budget,  the  authority  may  not thereafter incur capital costs for the
same in its own name. If or to the extent such project is  not  included

in  such  capital  budget, the authority may incur capital costs for the
same in its own name. The operation of sections twenty,  twenty-one  and
twenty-two  of  the rapid transit law shall be suspended with respect to
any  project  financed  with  the  capital  funds  referred  to  in this
subparagraph.
c. Such agreement shall provide that the authority shall have the  use
and  possession  of all property owned or leased by the city and used or
occupied by the board of transportation  on  March  fifteenth,  nineteen
hundred fifty-three in connection with or incidental to the operation of
such transit facilities.
d.  No  provision in such agreement shall purport to limit or restrict
or have the effect of limiting or restricting,  the  power  granted  the
authority  to manage, control or direct the maintenance and operation of
such transit facilities or the fares or service thereof.
2. Such agreement shall provide for payment by the city of:
a. Capital costs for projects connected with such  transit  facilities
included in the capital budget of the city for periods prior to December
thirty-first,  nineteen  hundred  fifty-three, except that the authority
shall not require payment of, and the city shall not pay, capital  costs
of such projects without prior approval of the board of estimate.
b. Liabilities of the city or the board of transportation for:
(1)  Pension or retirement contributions on behalf of persons who were
employed on transit facilities heretofore acquired by the city.
(2) Contributions to the New York City employees' retirement system on
behalf of officers or employees whose compensation has been paid out  of
the operating revenues of the board of transportation of the city, which
contributions  have  or shall hereafter become due or payable for fiscal
years of the city ending on or before June thirtieth,  nineteen  hundred
fifty-three.
c. All other liabilities of the board of transportation on the date of
the conveyance.
d.  Ten  million  dollars  derived from any funds of the city (but not
from borrowed funds), or  from  the  operating  fund  of  the  board  of
transportation at the time of such transfer, for use by the authority as
initial  working  capital (1) in partial consideration of the acceptance
by the authority of the initial transfer, in which case  the  sum  shall
not  be repaid, or (2) as a loan, in which case such sum shall be repaid
in not less than five nor  more  than  ten  equal  annual  installments,
commencing July first, nineteen hundred fifty-four.
3.  a.  Such  agreement may contain provisions relating to the use and
occupancy by the  authority  of  real  property  (in  addition  to  that
transferred  pursuant  to  subdivision  one  of  this  section)  now  or
hereafter owned or leased by the city, on such terms as may be  mutually
agreed  upon  by  the  city  and  the  authority, and may provide for or
authorize surrenders to the city of property no longer required  by  the
authority.
b. The authority shall be entitled to utilize the officers, employees,
agents,  facilities  and  services  of  the  city  on the same terms and
conditions  as  were  applicable  to  or  provided  to  the   board   of
transportation on March fifteenth, nineteen hundred fifty-three.
4.  The  city and the authority are hereby authorized and empowered to
make or enter into any contracts, agreements, deeds, leases, conveyances
or other instruments as may be necessary or  appropriate  to  effectuate
the  purposes  of  this  title  and  they  shall have complete power and
authority to do and to authorize the doing of  all  things,  incidental,
desirable or necessary to implement the provisions of this section.
5. Upon the filing by the authority with the clerk of the city and the
secretary   of   state  of  a  copy  of  the  instruments  or  documents

effectuating the transfer,  the  authority  shall  take  possession  and
control of the transit facilities and other property transferred thereby
together  with  all contracts, books, maps, plans, papers and records of
or  in  the  possession  of  the  board  of  transportation  of whatever
description, incidental  to  or  necessary  for  the  operation  of  the
facilities  transferred  by  such  agreement  or  the performance of the
duties of the authority as provided by this title.
6. When in the discretion of the authority there is available a supply
of electric power adequate for the efficient and proper operation of the
transit facilities either from a private utility or otherwise  at  rates
and  under  circumstances  deemed by the authority to be reasonable, the
authority may make such provisions for the utilization of such  electric
power  as  it  may  see  fit  and surrender to the city the power plants
presently leased  by  the  authority  from  the  city  pursuant  to  the
provisions  of  this title. The foregoing provisions of this subdivision
shall be applicable only to actions of the authority undertaken prior to
February first, nineteen hundred and sixty.
7. Notwithstanding the aforesaid provisions of this section  the  city
may  transfer  to  the  authority  title and ownership to the materials,
supplies and property incidental to or necessary for  the  operation  of
the  transit  facilities  which were heretofore leased to the authority,
and the authority and the city may enter into  an  agreement,  modifying
the  agreement  of lease dated June first, nineteen hundred fifty-three,
as amended, renewed and supplemented, to provide for  such  transfer  of
title  and  ownership  and containing such further terms and conditions,
not inconsistent with law, as may be agreed upon between the parties.