A. 4665 2
1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES.
1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY IN
CONTRACTS PROHIBITED.
1349-V. FISCAL YEAR.
1349-W. CONSENT BY THE STATE.
1349-X. SEPARABILITY.
1349-Y. EFFECT OF INCONSISTENT PROVISIONS.
S 1349-A. SHORT TITLE. THIS TITLE MAY BE CITED AS THE "PECONIC BAY
REGIONAL TRANSPORTATION AUTHORITY ACT".
S 1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION THIRTEEN
HUNDRED FORTY-NINE-D OF THIS TITLE.
2. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE PECONIC BAY
REGIONAL TRANSPORTATION DISTRICT CREATED BY SECTION THIRTEEN HUNDRED
FORTY-NINE-C OF THIS TITLE.
3. "PARTICIPATING TOWN" SHALL MEAN ANY OF THE TOWNS DEFINED IN SECTION
THIRTEEN HUNDRED FORTY-NINE-C OF THIS TITLE.
4. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF AMERICA, AND
ANY OFFICER, DEPARTMENT, BOARD, COMMISSION, BUREAU, DIVISION, CORPO-
RATION, AGENCY OR INSTRUMENTALITY THEREOF.
5. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
6. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
7. "DIRECTOR OF THE BUDGET" SHALL MEAN THE DIRECTOR OF THE BUDGET OF
THE STATE OF NEW YORK.
8. "STATE" SHALL MEAN THE STATE OF NEW YORK.
9. "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
TALITY OF THE STATE.
10. "MUNICIPALITY" SHALL MEAN A CITY, TOWN, VILLAGE OR COUNTY NOT
WHOLLY CONTAINED WITHIN A CITY.
11. "MUNICIPAL CORPORATION" SHALL MEAN A CITY, TOWN, VILLAGE, COUNTY
NOT WHOLLY CONTAINED WITHIN A CITY, SPECIAL TRANSPORTATION DISTRICT,
PUBLIC BENEFIT CORPORATION OR OTHER PUBLIC CORPORATION, OR TWO OR MORE
OF THE FOREGOING ACTING JOINTLY.
12. "PERSONAL PROPERTY" SHALL MEAN CHATTELS AND OTHER TANGIBLE THINGS
OF A MOVABLE OR REMOVABLE NATURE.
13. "PROPERTY" SHALL MEAN BOTH REAL AND PERSONAL PROPERTY.
14. "MASTER PLAN" SHALL MEAN AN ACTION PLAN FOR IMPLEMENTATION OF
IMPROVEMENTS TO SUCH MEANS OF PUBLIC TRANSPORTATION AND RELATED SERVICES
BY OMNIBUS, RAILROAD AND MARINE AND AVIATION FACILITIES AS THE AUTHORITY
MAY CONTEMPLATE WITHIN THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT
TO EFFECTUATE THE PURPOSES OF THIS TITLE.
15. "JOINT SERVICE ARRANGEMENT" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
THE AUTHORITY AND 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, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
ING TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES,
FARES, CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES (INCLUDING
CHARGES BETWEEN OPERATORS OF RAILROAD, OMNIBUS, MARINE AND AVIATION
FACILITIES), OR RULES OR REGULATIONS PERTAINING THERETO, FOR OR IN
CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
LOCATED OUTSIDE THE DISTRICT.
A. 4665 3
16. "PROJECT" SHALL MEAN ANY UNDERTAKING BY THE AUTHORITY WITHIN THE
DISTRICT INCLUDING BUT NOT LIMITED TO PORT OR HARBOR FACILITIES, TRANS-
PORTATION PROPERTIES, ACCESS AND SERVICE ROADS AND BRIDGES, EQUIPMENT,
APPURTENANCES, UTILITIES, AIRPORT FACILITIES AND ANY OTHER IMPROVEMENT
UNDER AUTHORITY JURISDICTION WITHIN THE REGIONAL DISTRICT.
17. "FACILITY" SHALL MEAN, AMONG OTHER THINGS, SUCH PROPERTIES, STRUC-
TURES, APPURTENANCES, UTILITIES, TERMINALS, WHARFS, DOCKS, PIERS, RAIL-
ROAD TRACKAGE, WAREHOUSES, ELEVATORS, EQUIPMENT FOR HANDLING FREIGHT AND
PASSENGERS AND VEHICLES AND SUCH OTHER WORKS, PROPERTIES, BUILDINGS OR
ALLIED ITEMS NECESSARY OR DESIRABLE IN CONNECTION WITH DEVELOPMENT,
OPERATION, MAINTENANCE OR IMPROVEMENT OF PORT, AIRPORT AND PUBLIC TRANS-
PORTATION NEEDS FOR THE ACCOMMODATION, SAFETY OR COMFORT OF THE PUBLIC
AND COMMERCIAL ENTERPRISE FOR THE REGIONAL TRANSPORTATION DISTRICT.
18. "EQUIPMENT" SHALL MEAN ROLLING STOCK, OMNIBUSES, VEHICLES, AIR,
MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, AND OTHER INSTRUMEN-
TALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
19. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
ATED BY CARRIERS SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE
COMMISSION, ENGAGED IN THE TRANSPORTATION OF PASSENGERS AND THEIR
BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
TO JOINT SERVICE ARRANGEMENTS, AND EQUIPMENT, PROPERTY, BUILDINGS,
STRUCTURES, IMPROVEMENTS, LOADING OR UNLOADING AREAS, PARKING AREAS,
BERTHING FACILITIES OR OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIR-
ABLE FOR THE ACCOMMODATION OF SUCH MOTOR VEHICLES OR THEIR PASSENGERS,
INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITH-
STANDING THAT PORTIONS MAY NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER
THAN THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF
ALL OR ANY FACILITIES OF THE AUTHORITY.
20. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND RELATED TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION AND VENTILATION SYSTEMS, POWER PLANTS, STATIONS, TERMI-
NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND
PARTS, OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR
INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAIL-
ROAD OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE DISTRICT OR
PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
MAY NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION OF
REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
OF THE AUTHORITY.
21. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND ANY
AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
ING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES, LICENSES
AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR
RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON
BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
22. "MARINE AND AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS FROM
AND TO AND WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGE-
MENTS, BY MARINE CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT
LIMITED TO HYDROFOILS, FERRIES, LIGHTERS, TUGS, BARGES, HELICOPTERS,
AMPHIBIANS, SEAPLANES OR OTHER CONTRIVANCES NOW OR HEREAFTER USED IN
NAVIGATION OR MOVEMENT ON WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN
AIRSPACE. IT SHALL ALSO MEAN ANY AIRPORT FACILITY WITHIN THE TRANSPORTA-
A. 4665 4
TION DISTRICT, INCLUDING BUT NOT LIMITED TO ANY FACILITY OR REAL PROPER-
TY NECESSARY, CONVENIENT OR DESIRABLE FOR THE LANDING, TAKING OFF,
ACCOMMODATION OR SERVICING OF SUCH AIRCRAFT, AND SHALL INCLUDE SUCH
FACILITIES, PROPERTY, STRUCTURES AND APPURTENANCES AS MAY BE NECESSARY
OR CONVENIENT IN THE OPERATION, MAINTENANCE, DEVELOPMENT OR IMPROVEMENT
OF AIRPORTS INCLUDING FACILITIES, PROPERTY, STRUCTURES, AND APPURTENANC-
ES, LEASED BY THE AUTHORITY TO PERSONS, FIRMS OR CORPORATIONS ENGAGED IN
AIR TRANSPORTATION OR THE PRODUCTION OR DEVELOPMENT OF MATERIALS, GOODS
OR EQUIPMENT FOR AIRPORTS OR AIR TRANSPORTATION OR IN PROVIDING FACILI-
TIES FOR THE ACCOMMODATION, SAFETY OR COMFORT OF THE TRAVELING PUBLIC
AND FOR PURPOSES RELATED OR INCIDENTAL TO ONE OR MORE OF THE FOREGOING
PURPOSES. IT SHALL ALSO MEAN PORT FACILITIES IN THE TRANSPORTATION
DISTRICT INCLUDING, BUT NOT LIMITED TO, (A) ONE OR MORE DOCKS, ELEVA-
TORS, WHARVES, PIERS, BULKHEADS, SLIPS, BASINS, HARBORS, RAILROAD
CONNECTIONS, SIDE TRACKS OR SIDINGS, FREIGHT TERMINALS, WAREHOUSES,
BRIDGES, TUNNELS, AND AREAS FOR STORAGE OF CARGOES, MATERIALS, GOODS,
WARES, AND MERCHANDISE OF ANY KIND AND FOR THE LOADING, UNLOADING,
INTERCHANGE OR TRANSFER OF ANY SUCH CARGOES, MATERIALS, GOODS, WARES AND
MERCHANDISE; (B) OTHER BUILDINGS, STRUCTURES, FACILITIES OR IMPROVEMENTS
NECESSARY TO ACCOMMODATE STEAMSHIPS OR OTHER VESSELS AND THEIR CARGOES
OR PASSENGERS; AND (C) ALL REAL AND PERSONAL PROPERTY, DRIVEWAYS, ROADS,
APPROACHES, MECHANICAL EQUIPMENT AND ALL APPURTENANCES AND FACILITIES
EITHER ON, ABOVE OR UNDER THE GROUND WHICH ARE NECESSARY, CONVENIENT OR
DESIRABLE FOR THE DEVELOPMENT, CONTROL AND OPERATION OF PORT FACILITIES
IN THE TRANSPORTATION DISTRICT.
23. "TRANSPORTATION FACILITY" SHALL MEAN ANY RAILROAD, OMNIBUS, MARINE
OR AVIATION FACILITY AND ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
CORPORATION WHICH OWNS, LEASES OR OPERATES ANY SUCH FACILITY OR ANY
OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF PASSENGERS,
UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER FOR HIRE AND
ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER INTEREST THEREIN
TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS, PARKING LOTS,
GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND REPAIR SHOPS,
TERMINALS, STATIONS AND OTHER RELATED FACILITIES THEREOF, THE DEVICES,
APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND OTHER INSTRU-
MENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
24. "COMMISSIONER" SHALL MEAN COMMISSIONER OF TRANSPORTATION OF THE
STATE OF NEW YORK.
S 1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THERE IS HERE-
BY CREATED AND ESTABLISHED A TRANSPORTATION DISTRICT TO BE KNOWN AS THE
PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THIS DISTRICT SHALL
EMBRACE THE TOWNS OF EAST HAMPTON, RIVERHEAD, SHELTER ISLAND, SOUTHAMP-
TON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK. THE TRANSPORTATION DISTRICT
SHALL ALSO INCLUDE ALL LANDS AND WATER AND ALL LANDS UNDER WATER AND ALL
RIVERS, BAYS AND HARBORS, WITHIN ANY OF THE TOWNS OF SAID DISTRICT.
S 1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. 1. THERE IS
HEREBY CREATED THE PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. THE
AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
BENEFIT CORPORATION. IT SHALL CONSIST OF FIVE MEMBERS WITH ONE MEMBER
FROM EACH TOWN IN THE REGIONAL TRANSPORTATION DISTRICT. THE MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF
THE SENATE. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO THE AUTHORI-
TY FROM LISTS SUBMITTED BY THE TOWN BOARD OF EACH TOWN WITHIN THE
REGIONAL TRANSPORTATION DISTRICT. EACH TOWN BOARD SHALL SUBMIT A LIST TO
THE GOVERNOR OF NOT LESS THAN SIX NAMES, ALL OF WHOM MUST BE RESIDENTS
A. 4665 5
OF THE TOWN THEY ARE TO REPRESENT. ALL MEMBERS OF THE AUTHORITY SHALL BE
RESIDENTS OF THE TOWN FROM WHICH THEY ARE NOMINATED.
2. THE MEMBERS OF THE AUTHORITY SHALL CONTINUE IN OFFICE UNTIL THEIR
SUCCESSORS ARE APPOINTED AND SHALL HAVE QUALIFIED. OF THE MEMBERS
INITIALLY APPOINTED, THE MEMBER FROM THE TOWN OF SOUTHAMPTON SHALL BE
APPOINTED FOR A FIVE YEAR TERM, BEGINNING JANUARY FIRST, TWO THOUSAND
TEN, THE MEMBER FROM THE TOWN OF RIVERHEAD SHALL BE APPOINTED FOR A FOUR
YEAR TERM, BEGINNING JANUARY FIRST, TWO THOUSAND TEN, THE MEMBER FROM
THE TOWN OF SOUTHOLD SHALL BE APPOINTED FOR A THREE YEAR TERM, BEGINNING
JANUARY FIRST, TWO THOUSAND TEN, THE MEMBER FROM THE TOWN OF EAST HAMP-
TON SHALL BE APPOINTED FOR A TWO YEAR TERM, BEGINNING JANUARY FIRST, TWO
THOUSAND TEN, AND THE MEMBER FROM THE TOWN OF SHELTER ISLAND SHALL BE
APPOINTED FOR A ONE YEAR TERM, BEGINNING JANUARY FIRST, TWO THOUSAND
TEN. THEREAFTER, UPON EXPIRATION OF THE TERM OF A MEMBER OF THE AUTHORI-
TY A SUCCESSOR SHALL BE APPOINTED BY THE GOVERNOR FOR A TERM EXPIRING
FIVE YEARS AFTER THE EXPIRATION OF THE TERM OF HIS OR HER PREDECESSOR.
IF A VACANCY SHALL OCCUR BY REASON OF A DEATH, DISQUALIFICATION, RESIG-
NATION OR REMOVAL OF A MEMBER, THE SUCCESSOR SHALL BE APPOINTED BY THE
GOVERNOR FOR THE UNEXPIRED TERM. SUCCEEDING MEMBERS OF THE AUTHORITY
SHALL BE APPOINTED FROM THE SAME TOWNS AND BY THE SAME PROCEDURE AS THE
ORIGINAL APPOINTMENTS. MEMBERS OF THE AUTHORITY SHALL, BEFORE ENTERING
UPON THE DUTIES OF THEIR OFFICE, TAKE THE CONSTITUTIONAL OATH OF OFFICE
AND FILE THE SAME IN THE OFFICE OF THE SECRETARY OF STATE. NO PERSON
WHILE SERVING IN ANY ELECTIVE OFFICE SHALL BE ELIGIBLE TO SERVE AS A
MEMBER OF THE AUTHORITY. THE MEMBERS OF THE AUTHORITY SHALL OFFICIALLY
BE DESIGNATED AND REFERRED TO AS COMMISSIONERS.
3. THE MEMBERS OF THE AUTHORITY, INCLUDING THE CHAIR, SHALL NOT
RECEIVE A SALARY OR OTHER COMPENSATION WHEN RENDERING SERVICE AS A
MEMBER OF THE AUTHORITY OR AS A MEMBER OF ONE OF ITS SUBSIDIARY CORPO-
RATIONS, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
4. A MAJORITY OF THE WHOLE NUMBER OF VOTES OF MEMBERS OF THE AUTHORITY
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR THE EXER-
CISE OF ANY POWER OF THE AUTHORITY. EXCEPT AS OTHERWISE SPECIFIED IN
THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE OF ANY
POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER TO ACT BY A
MAJORITY VOTE OF THE MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS
IN ATTENDANCE. EACH MEMBER OF THE AUTHORITY SHALL HAVE ONE VOTE.
5. THE AUTHORITY SHALL ORGANIZE BY THE SELECTION FROM ITS MEMBERS OF A
CHAIR, VICE-CHAIR, SECRETARY AND SUCH OTHER OFFICERS AS THE MEMBERS MAY
DEEM NECESSARY. IT SHALL ADOPT SUCH RULES AS IT MAY DEEM NECESSARY AND
PROPER FOR THE GOVERNMENT OF ITS OWN PROCEEDINGS, AND SHALL KEEP A
RECORD OF SUCH PROCEEDINGS.
6. THE AUTHORITY SHALL BE A "STATE AGENCY" FOR THE PURPOSES OF
SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
7. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS OR ANY OTHER
LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR
OF ANY PUBLIC CORPORATION AS DEFINED IN THE GENERAL CORPORATION LAW,
SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR
EMPLOYMENT OR ANY BENEFITS PROVIDED UNDER THE RETIREMENT AND SOCIAL
SECURITY LAW OR UNDER ANY PUBLIC RETIREMENT SYSTEM MAINTAINED BY THE
STATE OR ANY OF ITS SUBDIVISIONS BY REASON OF HIS OR HER ACCEPTANCE OF
MEMBERSHIP ON OR CHAIRING OF THE AUTHORITY; PROVIDED, HOWEVER, A MEMBER
OR CHAIR WHO HOLDS SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL BE ENTI-
TLED TO REIMBURSEMENT FOR HIS OR HER ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
A. 4665 6
8. THE GOVERNOR MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF
DUTY OR MISCONDUCT IN OFFICE AFTER GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON OR
BY COUNSEL IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS NOTICE. IF
ANY MEMBER SHALL BE SO REMOVED, THE GOVERNOR SHALL FILE IN THE OFFICE OF
THE DEPARTMENT OF STATE A COMPLETE STATEMENT OF CHARGES MADE AGAINST
SUCH MEMBER, AND HIS OR HER FINDINGS THEREON, TOGETHER WITH A COMPLETE
RECORD OF THE PROCEEDINGS.
9. THE AUTHORITY SHALL CONTINUE SO LONG AS IT SHALL HAVE BONDS OR
OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE SHALL BE TERMI-
NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
S 1349-E. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
SHALL BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANS-
PORTATION AND OTHER SERVICES RELATED THERETO WITHIN THE PECONIC BAY
REGIONAL TRANSPORTATION DISTRICT, BY RAILROAD, OMNIBUS, MARINE AND AIR,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
2. IT IS HEREBY FOUND AND DECLARED THAT SUCH PURPOSES ARE IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND THE
AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL
FUNCTION IN CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS
GRANTED BY THIS TITLE.
S 1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN; AMENDMENTS.
THE AUTHORITY SHALL FORMULATE A MASTER PLAN FOR TRANSPORTATION WITHIN
THE DISTRICT. IN FORMULATING SUCH MASTER PLAN, THE AUTHORITY SHALL
CONSULT AND COOPERATE WITH THE COMMISSIONER AND PLANNING AUTHORITIES IN
THE AREAS OF ITS OPERATIONS, AND SHALL UTILIZE STATE, LOCAL OR REGIONAL
TRANSPORTATION PLANNING. THE AUTHORITY SHALL REQUEST AND USE EXISTING
STUDIES, PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER
DEVELOPMENT BY ANY STATE AGENCY OR MUNICIPALITY OR POLITICAL SUBDIVISION
OF THE STATE. THE AUTHORITY SHALL FILE COPIES OF SUCH PLAN WITH THE
COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARD OF EACH
TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, AND THE LEGISLATURE OF
THE COUNTY OF SUFFOLK. THE PLAN SHALL CONTAIN INFORMATION REGARDING THE
TRANSPORTATION SYSTEM THAT THE AUTHORITY INTENDS TO PROVIDE INCLUDING
INFORMATION REGARDING THE FACILITIES CONNECTED THEREWITH, THE SERVICES
THE AUTHORITY CONTEMPLATES PROVIDING AND THE ESTIMATED COSTS AND THE
PROPOSED METHOD OF FINANCING. DURING SIXTY DAYS AFTER THE FILING OF THE
MASTER PLAN WITH THE COMMISSIONER, IN THE OFFICE OF THE SUFFOLK COUNTY
PLANNING BOARD, WITH THE TOWN BOARDS OF THE TOWNS WITHIN THE REGIONAL
TRANSPORTATION DISTRICT, AND WITH THE LEGISLATURE OF SUFFOLK COUNTY, AS
AFORESAID, SAID PLAN SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
OFFICE OR OFFICES OF THE AUTHORITY AND AT SUCH OTHER PLACES IN THE TOWNS
AFFECTED, WITHIN THE DISTRICT, AS THE AUTHORITY MAY DESIGNATE. NOT
EARLIER THAN THIRTY DAYS AFTER THE FILING OF SAID MASTER PLAN WITH THE
COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARDS, AND
THE LEGISLATURE OF SUFFOLK COUNTY, A PUBLIC HEARING ON SAID PLANS SHALL
BE HELD BY THE AUTHORITY. NOTICE OF SUCH A HEARING SHALL BE GIVEN TO
THE COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARDS,
AND THE LEGISLATURE OF THE COUNTY OF SUFFOLK, AS AFORESAID AND BY PUBLI-
CATION ONCE A WEEK FOR TWO WEEKS PRIOR TO THE SAID HEARING AT THE TIME
AND PLACE FIXED BY THE AUTHORITY IN NEWSPAPERS OF GENERAL CIRCULATION
WITHIN THE AREAS AFFECTED, TO BE SELECTED BY THE AUTHORITY. THE LAST
PUBLICATION DATE SHALL NOT BE LESS THAN FIVE DAYS BEFORE SAID HEARING.
WITHIN THIRTY DAYS FOLLOWING SAID PUBLIC HEARING, THE AUTHORITY SHALL
PROVIDE A TRANSCRIPT OF SUCH HEARING TO THE COMMISSIONER, THE SUFFOLK
A. 4665 7
COUNTY PLANNING BOARD, EACH TOWN BOARD, AND THE LEGISLATURE OF THE COUN-
TY OF SUFFOLK AS AFORESAID, TOGETHER WITH ANY AMENDMENTS THE AUTHORITY
MAY PROPOSE TO THE MASTER PLAN. THE AUTHORITY SHALL REQUEST APPROVAL OF
THE MASTER PLAN, INCLUDING SUCH AMENDMENTS AS THE AUTHORITY MAY PROPOSE,
FROM EACH TOWN BOARD AND THE COMMISSIONER. ANY PART OF SAID PLAN WHICH
IS DISAPPROVED BY A TOWN BECAUSE IT ALTERS EXISTING SERVICES OR THE
FINANCING THEREOF WITHIN SAID TOWN SHALL NOT BECOME OPERATIVE. THIS
DISAPPROVAL OF PART OR PARTS OF THE PLAN SHALL NOT MAKE THE ENTIRE PLAN
INOPERATIVE. ANY PART OF SAID PLAN WHICH IS DISAPPROVED BY THE COMMIS-
SIONER BECAUSE IT CONFLICTS WITH A STATE-WIDE COMPREHENSIVE MASTER PLAN
FOR TRANSPORTATION, OR IN THE ABSENCE OF SUCH PLANS, WOULD HAVE AN
ADVERSE EFFECT UPON SOUND TRANSPORTATION DEVELOPMENT POLICY AND PLAN-
NING, SHALL NOT BECOME OPERATIVE. IF THE SAID TOWN BOARDS FAIL TO ACT
WITHIN SAID SIXTY DAYS OR IN THE CASE OF THE COMMISSIONER WITHIN FORTY
DAYS AFTER APPROVAL IS REQUESTED, SAID FAILURE SHALL BE DEEMED APPROVAL,
AND THE AUTHORITY MAY ADOPT THE MASTER PLAN BY A MAJORITY VOTE OF ITS
MEMBERSHIP AND MAY INCLUDE CHANGES, IF ANY, RECOMMENDED BY THE COMMIS-
SIONER, PLANNING BOARD OR TOWN BOARD. THE MASTER PLAN MAY BE AMENDED
FROM TIME TO TIME IN THE SAME MANNER USING THE PROCEDURES OUTLINED IN
THIS SECTION FOR THE ORIGINAL ADOPTION, EXCEPT THAT PROPOSED CHANGES
MADE BY THE AUTHORITY UPON RECOMMENDATIONS OF THE COMMISSIONER, SAID
TOWN BOARDS OR SUFFOLK COUNTY PLANNING BOARD IN THE FIRST PLAN MAY BE
EMBODIED OR CONTINUED BY A MAJORITY VOTE OF THE AUTHORITY WITHOUT ADDI-
TIONAL HEARINGS THEREON AS REQUIRED FOR THE AMENDMENTS PROPOSED TO BE
MADE.
S 1349-G. FILING FIVE YEAR PERFORMANCE, CAPITAL AND OPERATING FINANCE
PLANS. 1. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, AND ANNU-
ALLY THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT AN
OPERATIONAL PERFORMANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY
FIRST. THE PLAN SHALL SET OPERATIONAL PERFORMANCE PLAN GOALS AND OBJEC-
TIVES, AND SHALL ESTABLISH PERFORMANCE INDICATORS TO MEASURE STANDARDS
OF SERVICE AND OPERATIONS. THE PERFORMANCE INDICATORS SHALL INCLUDE:
REVENUE PASSENGERS, TOTAL PASSENGERS, REVENUE VEHICLE MILES, REVENUE
VEHICLE HOURS, NUMBER OF EMPLOYEES BY DEPARTMENT, VEHICLE MEAN DISTANCE
BETWEEN FAILURES, ON-TIME PERFORMANCE FOR TOTAL SERVICE PROVIDED, THE
COST PER PASSENGER, THE COST PER REVENUE VEHICLE MILE AND THE OPERAT-
ING-REVENUE-TO-COST RATIO.
(B) QUARTERLY REPORTS SHALL BE PREPARED FOR AUTHORITY MEMBERS ON OPER-
ATING PERFORMANCE. THE FIRST SUCH REPORT SHALL COVER THE THREE-MONTH
PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND ELEVEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF JANUARY,
APRIL, JULY, AND OCTOBER OF EACH YEAR. THE REPORT SHALL COMPARE THE
PERFORMANCE INDICATORS FOR THE MOST RECENT QUARTER AND THE YEAR-TO-DATE
PERFORMANCE INDICATORS WITH THE SAME TIME PERIOD IN THE PREVIOUS YEAR
WITH THE ANNUAL GOALS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
2. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, AND ANNUALLY
THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT A CAPI-
TAL PROGRAM PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST. THE
PLAN SHALL CONTAIN THE CAPITAL PROGRAM, SEPARATELY ITEMIZED.
(B) THE PLAN SHALL SET GOALS AND OBJECTIVES BY FUNCTION FOR CAPITAL
SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATION, DESCRIBE EACH
CAPITAL PROJECT TO BE INITIATED IN EACH OF THE YEARS COVERED BY THE PLAN
AND EXPLAIN HOW EACH PROPOSED PROJECT SUPPORTS THE GOALS AND OBJECTIVES
AND THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE PERFORMANCE
PLAN. THE PLAN SHALL LIST SEPARATELY BY FUNCTION THOSE PROJECTS CONTRIB-
A. 4665 8
UTING TO THE MAINTENANCE OF THE SYSTEM INFRASTRUCTURE AND THOSE INTENDED
TO ENHANCE THE SYSTEM. THE PLAN SHALL ALSO INCLUDE AN ESTIMATED COST FOR
EACH PROJECT AND SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL FUNDING
REQUIRED FOR EACH YEAR OF THE PLAN AND THE EXPECTED SOURCES OF SUCH
FUNDING. IT SHALL ALSO INCLUDE A PROJECT SCHEDULE FOR THE INITIATION AND
COMPLETION OF EACH PROJECT. EACH PLAN SUBSEQUENT TO THE FIRST SUCH PLAN
SHALL DESCRIBE THE CURRENT STATUS OF EACH CAPITAL PROJECT WHICH HAS A
TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE AND WHICH
WAS INCLUDED IN THE PREVIOUSLY ADOPTED PLAN.
(C) IN ADDITION TO THE ANNUAL UPDATE, A QUARTERLY CAPITAL PLAN STATUS
REPORT SHALL BE PROVIDED TO THE AUTHORITY MEMBERS AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, A DESCRIPTION OF ANY MATERIAL CHANGE IN THE SCOPE,
COST, FUNDING OR TIME OF INITIATION OR COMPLETION OF A PROJECT WHICH HAS
A TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE, AS
ADOPTED IN THE PLAN. THE FIRST SUCH REPORT SHALL COVER THE THREE-MONTH
PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND ELEVEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF JANUARY,
APRIL, JULY, AND OCTOBER OF EACH YEAR.
3. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, AND ANNUALLY
THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT AN
OPERATING FINANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY
FIRST. THE PLAN SHALL INCLUDE THE ANNUAL ESTIMATED OPERATING COST FOR
EACH FUNCTION. THE PLAN SHALL INCLUDE THE PROPOSED METHOD OF FINANCING
FOR THE LEVEL OF SERVICE DEFINED FOR EACH YEAR OF THE PLAN AND SHALL
FULLY ALLOCATE THE AUTHORITY'S GENERAL COSTS TO EACH OF THE ABOVE SEPA-
RATE FUNCTIONS. THE PLAN SHALL PROVIDE A NARRATIVE DESCRIBING THE OVER-
ALL FINANCIAL CONDITION OF THE OPERATING BUDGET OF THE AUTHORITY.
(B) IN ADDITION TO THE ANNUAL UPDATE, QUARTERLY OPERATING BUDGET
REPORTS SHALL BE PREPARED FOR THE AUTHORITY MEMBERS ON THE FINANCIAL
CONDITION OF EACH OF THE AUTHORITY'S FUNCTIONS. THE FIRST SUCH REPORT
SHALL COVER THE THREE-MONTH PERIOD COMMENCING JANUARY FIRST, TWO THOU-
SAND ELEVEN AND SHALL BE SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE
END OF THE QUARTER. THEREAFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON
THE LAST DAY OF JANUARY, APRIL, JULY, AND OCTOBER OF EACH YEAR. THE
REPORTS SHALL INCLUDE A BUDGETARY COMPARISON OF THE MOST RECENT QUARTER
AND YEAR-TO-DATE ACTUAL REVENUE AND EXPENDITURES WITH THE SAME TIME
PERIOD IN THE PREVIOUS YEAR AND WITH THE PROJECTIONS FOR THAT TIME PERI-
OD BASED ON THE BOARD APPROVED BUDGET.
4. ANY AND ALL REPORTS, INCLUDING INTERIM REPORTS, SHALL BE SUBMITTED
TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER AND THE
TOWN BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, THE
PRESIDENT AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY.
S 1349-H. GENERAL POWERS OF THE AUTHORITY. 1. EXCEPT AS OTHERWISE
LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
(A) TO SUE AND BE SUED;
(B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(C) TO BORROW MONEY AND ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF;
(D) TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY
MONIES NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION
OF THE AUTHORITY, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES
GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUAR-
ANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT; OR CERTIFICATES OF
DEPOSIT OF BANKS OR TRUST COMPANIES OR IN BANK OR TRUST ACCOUNTS OF
A. 4665 9
BANKS IN THIS STATE, SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
OF THE DEPOSIT;
(E) TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL
MANAGEMENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS
POWERS AND THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
(F) TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
(G) TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
EXERCISE OF ITS POWERS;
(H) TO APPOINT A GENERAL MANAGER, WHO SHALL SERVE AT THE PLEASURE OF
THE AUTHORITY, AND SUCH OFFICERS AND EMPLOYEES THAT THE AUTHORITY MAY
REQUIRE FOR THE PERFORMANCE OF ITS DUTIES, AND TO FIX AND DETERMINE
THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY
COUNSEL, AUDITORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS
OR OTHERWISE FOR RENDERING PROFESSIONAL, MANAGEMENT OR TECHNICAL
SERVICES AND ADVICE; SUCH GENERAL MANAGER, COUNSEL, AUDITORS, ENGINEERS,
AND PRIVATE CONSULTANTS, OFFICERS AND EMPLOYEES MAY NOT BE A MEMBER OF
THE AUTHORITY;
(I) (1) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
FEDERAL OR STATE LAW. NOTWITHSTANDING ANY PROVISIONS OF THE CIVIL
SERVICE LAW, NO OFFICER OR EMPLOYEE OF A SUBSIDIARY CORPORATION, OF THE
AUTHORITY, OTHER THAN A PUBLIC BENEFIT SUBSIDIARY CORPORATION, SHALL BE
A PUBLIC OFFICER OR A PUBLIC EMPLOYEE;
(2) THE AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
RATIONS MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK STATE EMPLOY-
EES' RETIREMENT SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS
AND EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY
CORPORATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY
SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY
SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
HIM OR HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL
SECURITY LAW. IN TAKING ANY ACTION PURSUANT TO THIS PARAGRAPH, THE
AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS SHALL
CONSIDER THE COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT TO
SUBPARAGRAPH ONE OF THIS PARAGRAPH;
(J) TO MAKE PLANS, SURVEYS, AND STUDIES NECESSARY, CONVENIENT OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
(K) TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE PURPOSE
OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY
PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING LIABLE FOR ACTUAL
DAMAGES DONE;
(L) THE AUTHORITY MAY CONDUCT INVESTIGATIONS AND HEARINGS IN THE
FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE ACCESS TO
ANY BOOKS, RECORDS OR PAPERS RELEVANT THERETO; AND IF ANY PERSON WHOSE
TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF
THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
CONDUCT OF ANY INVESTIGATION OR HEARING, OR TO PRODUCE ANY RELEVANT
BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
A. 4665 10
PROCESS OF SUBPOENA, TO ISSUE OUT OF ANY COURT OF GENERAL ORIGINAL
JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
(M) TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE;
(N) TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH LABOR REPRE-
SENTATIVES DULY ELECTED BY THE EMPLOYEES OF THE AUTHORITY; AND
(O) TO INSURE OR PROVIDE FOR THE INSURANCE OF THE AUTHORITY'S PROPER-
TY OR OPERATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS
THE AUTHORITY MAY DEEM ADVISABLE.
2. THE AUTHORITY SHALL FILE IN THE OFFICE OF THE COMMISSIONER ANNUAL
REPORTS, AFTER THE CLOSE OF EACH OF THE AUTHORITY'S FISCAL YEARS, WHICH
SHALL BE OPEN TO PUBLIC INSPECTION. SUCH REPORTS SHALL INCLUDE, IN ADDI-
TION TO ANY INFORMATION WHICH THE COMMISSIONER MAY REQUIRE, A STATEMENT
WITH RESPECT TO ITS OPERATIONS INCLUDING THE FOLLOWING DATA:
(A) COST BREAKDOWN OF REAL PROPERTY ACQUIRED;
(B) COST BREAKDOWN IN APPROPRIATE UNITS OF FACILITIES ACQUIRED;
(C) OPERATING REVENUES; AND
(D) OPERATING EXPENSES.
THE AUTHORITY SHALL ALSO FILE COPIES OF SUCH REPORTS WITH THE TOWN
BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT WHERE
SUCH AUTHORITY OPERATES.
S 1349-I. 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, OR CONDEMNATION, ANY TRANSPORTATION FACILITY, INCLUD-
ING PORT OR RELATED FACILITIES WHOLLY OR PARTIALLY WITHIN THE PECONIC
BAY REGIONAL TRANSPORTATION DISTRICT OR ANY PART THEREOF, OR THE USE
THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
IN THIS TITLE. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS
THAN A MAJORITY VOTE OF THE AUTHORITY.
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 ESTAB-
LISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
VATION, IMPROVEMENT, EXTENSION OR REPAIR BY CONTRACT, LEASE, OR OTHER
ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVEN-
IENT 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 THERE-
OF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL
SUBDIVISION OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERA-
TION 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, RENO-
VATION, 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, TRANS-
PORTATION CENTERS, PORTS, STATIONS AND RELATED FACILITIES.
3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
LISHED, LEVIED AND COLLECTED AND, IN THE CASE OF A JOINT SERVICE
ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION
OF SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
A. 4665 11
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 VOTE OF THE AUTHORITY 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 TRANSPORTA-
TION 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 CONTIN-
UED 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 INCLUD-
ING 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, ORDI-
NANCE, RULE OR REGULATION, SUCH RULE OR REGULATION OF THE AUTHORITY
SHALL PREVAIL. VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORI-
TY 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.
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
A. 4665 12
TRANSFER TO OR FROM ANY SUCH CORPORATION ANY MONEYS, REAL PROPERTY OR
OTHER PROPERTY 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 ACTIV-
ITIES. 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 THIRTEEN HUNDRED FORTY-NINE-S 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 CORPO-
RATIONS 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 CORPO-
RATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL HAVE ALL THOSE
POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS TITLE WHICH THE
AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE OF INCORPORATION
EXCEPT THE POWER TO CONTRACT INDEBTEDNESS. WHENEVER ANY STATE, POLI-
TICAL SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPART-
MENT, BOARD, DIVISION OR PERSON IS AUTHORIZED AND EMPOWERED FOR ANY OF
THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO AGREEMENTS WITH
THE AUTHORITY SUCH STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, 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 AUTHORI-
TY.
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 OR MEET CAPITAL OR OPER-
ATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS, AND
TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS AS THE AUTHORI-
TY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIRABLE.
7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
TRANSPORTATION FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS
SPECIALLY PROVIDED IN THIS TITLE, NO MUNICIPALITY OR POLITICAL SUBDIVI-
SION, 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. IN THE OPERATION,
MAINTENANCE AND CONTROL OF ANY FACILITIES DEVOTED TO PURPOSES OTHER THAN
DIRECT TRANSPORTATION PURPOSES, THE AUTHORITY SHALL BE SUBJECT TO ALL
LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICI-
PALITY OR POLITICAL SUBDIVISION. EACH MUNICIPALITY OR POLITICAL SUBDIVI-
SION, INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR
DISTRICT IN WHICH ANY FACILITIES OF THE AUTHORITY ARE LOCATED SHALL
A. 4665 13
PROVIDE FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION. THE AUTHORITY MAY
AGREE WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE EXECUTION BY
SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR ANY GRADE
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 THE GRADE CROSSING ELIMINATION
ACT AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
8. THE AUTHORITY MAY ACCEPT UNCONDITIONAL GRANTS OF MONEY OR PROPERTY
AS SUBSIDY PAYMENTS FOR EXPANSION OF SERVICE INTO AREAS WHERE SUCH
SERVICE WOULD NOT BE SELF-SUPPORTING. THE AUTHORITY MAY ACCEPT UNCONDI-
TIONAL GRANTS OF MONEY OR PROPERTY FROM ANY CITY, VILLAGE, TOWN OR COUN-
TY NOT WHOLLY CONTAINED WITHIN A CITY THE WHOLE OR ANY PART OF WHICH
SHALL BE SERVED OR TO BE SERVED BY A TRANSPORTATION FACILITY OPERATED BY
THE AUTHORITY. SUCH GRANTS OF MONEY OR PROPERTY WOULD BE FOR THE PURPOSE
OF ASSISTING THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES.
THE ACCEPTANCE OF ANY SUCH GRANT SHALL NOT OPERATE TO MAKE THE AUTHORITY
AN AGENCY OF THE MUNICIPALITY MAKING THE GRANT. THE PROVISIONS OF THIS
SECTION ARE INTENDED AS ENABLING LEGISLATION ONLY AND SHALL NOT BE
INTERPRETED AS IMPLYING THAT ABSENT THEIR ENACTMENT AN AUTHORITY WOULD
LACK THE POWER TO ACCEPT SUCH GRANT OR SUBSIDY.
9. THE AUTHORITY IS HEREBY DIRECTED TO PREPARE A TRANSPORTATION PLAN
FOR THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. SUCH PLAN SHALL
CONSIDER BUT NOT BE LIMITED TO THE FOLLOWING TRANSPORTATION ALTERNA-
TIVES:
(A) ESTABLISHMENT OF PARK AND RAIL STATIONS AT GABRESKI COUNTY
AIRPORT, WESTHAMPTON, SOUTHAMPTON COLLEGE, SOUTHAMPTON, EAST HAMPTON
TOWN AIRPORT, EAST HAMPTON, AND MONTAUK;
(B) ESTABLISHMENT OF SHUTTLE TRAINS FROM MONTAUK TO EAST HAMPTON, EAST
HAMPTON TO SOUTHAMPTON, AND SOUTHAMPTON TO WESTHAMPTON, UTILIZING THE
EXISTING LONG ISLAND RAILROAD RIGHT-OF-WAY;
(C) ADDITION OF MORE NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC
BAY REGIONAL TRANSPORTATION DISTRICT ON A SEASONABLE AND WEEKEND BASIS;
(D) ESTABLISHMENT OF OUTLYING PARKING AREAS AND SHUTTLE BUSES TO
REDUCE CONGESTION IN CENTRAL BUSINESS DISTRICTS;
(E) ESTABLISHMENT OF A HEALTH AND HUMAN SERVICES TRANSPORTATION
PROGRAM TO ASSIST SENIOR CITIZENS IN LOWER INCOME RESIDENTIAL AREAS;
(F) TRANSFER OF AUTHORITY FOR THE ESTABLISHMENT OF SPEED LIMITS FROM
STATE TO LOCAL GOVERNMENT;
(G) RECONFIGURATION OF THE COUNTY BUS SYSTEM TO COMPLEMENT NEW TRANSIT
OPTIONS SUCH AS PARK AND RAIL, SHUTTLE TRAINS, INCREASED TRAINS, AND
OUTLYING PARKING AREAS;
(H) A BIKE PATH NETWORK; AND
(I) PASSENGER FERRIES.
10. NOTWITHSTANDING ANY OF THE ABOVE PROVISIONS, NO PROJECT MAY BE
UNDERTAKEN BY THE AUTHORITY UNLESS SUCH PROJECT IS A PART OF OR CONSIST-
ENT WITH THE ADOPTED MASTER PLAN.
S 1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN ADDITION
TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS
TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND REAL PROPERTY,
THE AUTHORITY MAY ACQUIRE, BY CONDEMNATION PURSUANT TO THE EMINENT
DOMAIN PROCEDURE LAW AND/OR IN ACCORDANCE WITH THE CONDEMNATION
A. 4665 14
PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION, ANY REAL PROPERTY IT
MAY DEEM NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSE
OF THIS TITLE, PROVIDED, HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS
SHALL BE BROUGHT ONLY IN THE SUPREME COURT AND THE COMPENSATION TO BE
PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT WITHOUT A JURY.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, NO REAL
PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION OR BY PURCHASE
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS THE GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
AUTHORITY FROM BRINGING ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS DISCRETION, DEEM PROPER AND
NECESSARY OR FROM ACQUIRING ANY SUCH PROPERTY BY NEGOTIATION OR
PURCHASE.
3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS TO CONDEMN
ANY REAL PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE REMAINS IN
POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING OF TITLE IN
THE CONDEMNOR, THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT OR BY THE
COURT IN SUCH PROCEEDINGS OR BY ANY COURT OF COMPETENT JURISDICTION
SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS OF RECORD
AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
4. TITLE TO ALL PROPERTY ACQUIRED UNDER THIS TITLE SHALL VEST IN THE
AUTHORITY.
5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE INTER-
EST OF THE AUTHORITY, DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT OR
DESIRABLE FOR ITS PURPOSES.
6. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
INTEREST OF THE AUTHORITY, RENT, LEASE OR GRANT EASEMENTS OR OTHER
RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
7. THE AUTHORITY MAY ADOPT THE FOLLOWING CONDEMNATION PROCEDURES. A
CERTIFIED COPY OF A RESOLUTION ADOPTED BY THE AUTHORITY AUTHORIZING THE
ACQUISITION AND IDENTIFYING AND DESCRIBING THE PROPERTY AND FRANCHISES,
IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION SHALL BE FILED IN THE
OFFICE OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH PROPERTY IS SITU-
ATED, HELD OR MAINTAINED. A PETITION FOR AN ORDER VESTING TITLE TO SUCH
PROPERTY AND FRANCHISES, IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION
SHALL SET FORTH A DESCRIPTION OF THE SAID PROPERTY AND FRANCHISES, IF
ANY, AND A PRAYER THAT TITLE BE VESTED IN THE AUTHORITY, SHALL BE
PRESENTED, UPON NOTICE OF THE APPLICATION TO CONDEMN PUBLISHED IN FIVE
SUCCESSIVE ISSUES OF A PUBLICATION OF GENERAL CIRCULATION WITHIN THE
COUNTY WHERE SUCH PROPERTY AND FRANCHISES, IF ANY, ARE LOCATED, TO A
SPECIAL TERM OF THE SUPREME COURT HELD AT THE TIME AND PLACE SPECIFIED
IN SUCH NOTICE, WITHIN THE JUDICIAL DISTRICT IN WHICH THE PROPERTY BEING
ACQUIRED OR SOME PART THEREOF IS SITUATED. SUCH PROCEEDINGS SHALL HAVE
PRECEDENCE OVER ALL OTHER CASES ON THE CALENDAR OF SUCH COURT, ANY OTHER
PROVISION OF LAW TO THE CONTRARY NOTWITHSTANDING. UPON DUE PROOF TO THE
SATISFACTION OF THE COURT OF THE FILING OF THE RESOLUTION AS DESCRIBED
IN THIS TITLE, SUCH COURT, NOT LATER THAN THREE DAYS AFTER THE PRESENTA-
TION OF THE PETITION, SHALL THEREUPON ENTER AN ORDER VESTING TITLE TO
SUCH PROPERTY AND FRANCHISES, IF ANY, IN THE AUTHORITY. UPON SUCH VEST-
ING OF TITLE THE AUTHORITY SHALL HAVE THE RIGHT TO ENTER UPON AND TAKE
POSSESSION OF SUCH PROPERTY. A NOTICE OF SUCH ACQUISITION SHALL BE
DIRECTED TO THE OWNERS OF THE PROPERTY AND FRANCHISES, IF ANY, SO
A. 4665 15
ACQUIRED AND TO ANY OTHER PERSON OR PERSONS HAVING AN ESTATE, INTEREST
OR EASEMENT IN SUCH PROPERTY OR A LIEN, CHARGE OR ENCUMBRANCE THEREON BY
PERSONAL SERVICE OR BY REGISTERED MAIL AT THE LAST KNOWN ADDRESS WITHIN
FIFTEEN DAYS AFTER SUCH VESTING OF TITLE. SUCH NOTICE SHALL SET FORTH
SUCH RESOLUTION, THE DATE OF THE SUBMISSION TO THE COURT, THE DATE OF
THE ORDER VESTING TITLE IN SUCH AUTHORITY AND SUCH OTHER MATTERS AS THE
AUTHORITY MAY DETERMINE.
8. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF THE
COST AND EXPENSE OF THE ACQUISITION THEREOF, THE DEPARTMENT OF TRANSPOR-
TATION OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORITY, MAY
ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE STATE AS MAY BE DETERMINED
FROM TIME TO TIME BY THE AUTHORITY AS BEING NECESSARY, CONVENIENT OR
DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY REMOVE THE OWNER
OR OCCUPANT THEREOF WHERE NECESSARY, AND OBTAIN POSSESSION AND, WHEN
REQUESTED BY THE AUTHORITY, MAY DISPOSE OF ANY REAL PROPERTY SO
ACQUIRED, ALL ACCORDING TO THE PROCEDURE PROVIDED IN SECTION THIRTY OF
THE HIGHWAY LAW AND PURSUANT TO THE PROCEDURE REQUIRED UNDER FEDERAL
LAW, WHEN APPLICABLE. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS AND
USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO ACQUIRED.
CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL DAMAGES
CAUSED BY ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND DETERMINED BY
SUCH DEPARTMENT WITH THE APPROVAL OF THE AUTHORITY OR BY THE COURT OF
CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW AND AS REQUIRED
BY FEDERAL LAW, WHEN APPLICABLE. WHEN A CLAIM HAS BEEN FILED WITH THE
COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY OF SUCH CLAIM TO BE
SERVED UPON THE AUTHORITY AND THE AUTHORITY SHALL HAVE THE RIGHT TO BE
REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS AND JUDGMENTS ARIS-
ING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY. NO
REAL PROPERTY MAY BE ACQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS THE GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
S 1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. IN THE INTER-
EST OF ECONOMY AND TO PROMOTE COORDINATION OF AUTHORITY PROJECTS WITH
STATE, LOCAL, COUNTY AND REGIONAL PLANS AND ALSO TO CARRY OUT THE OBJEC-
TIVE OF FULL PARTICIPATION OF ALL AGENCIES IN THE DEVELOPMENT OF A
TRANSPORTATION SYSTEM AND FACILITIES TO MEET THE OBJECTIVES OF THIS
TITLE, THE AUTHORITY SHALL REQUEST AND USE EXISTING STUDIES, MASTER
PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER DEVELOP-
MENT BY ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OF
THE STATE. THE AUTHORITY SHALL CONSULT WITH AND COOPERATE WITH THE
COMMISSIONER AND WITH PLANNING AUTHORITIES IN THE AREAS OF ITS OPER-
ATIONS AND SHALL UTILIZE LOCAL OR STATE PLANNING. WHEN A PROJECT IS
CONTEMPLATED BY THE AUTHORITY, THE AUTHORITY SHALL SUBMIT A PRELIMINARY
PROSPECTUS THEREOF TO THE COMMISSIONER FOR REVIEW AND COMMENT AND SHALL
CONSIDER THE REPORT OF THE COMMISSIONER IN FORMULATING DETAILED PLANS
FOR SUCH PROJECT. WHEN A PROJECT IS CONTEMPLATED BY THE AUTHORITY WITHIN
THE JURISDICTION OF ANY SUFFOLK COUNTY PLANNING BOARD, THE AUTHORITY
SHALL PREPARE A PRELIMINARY PROSPECTUS THEREOF, DESCRIBING THE PURPOSE,
GENERAL LOCATION, AND NATURE OF THE PROJECT CONTEMPLATED, WITH SUCH
FURTHER DATA RELATIVE THERETO THAT THE AUTHORITY SHALL CONSIDER PERTI-
NENT. WITHIN SIXTY DAYS OF RECEIPT OF SUCH PROSPECTUS SUCH PLANNING
BOARD SHALL PREPARE A REPORT THEREON, COMMENTING ON ITS CONFORMITY OR
LACK OF CONFORMITY WITH ANY RELATED OFFICIAL PLAN OF THE STATE OR ANY
OFFICIAL PLANNING AGENCY WITHIN THE REGION. SUCH REPORT SHALL BE CONSID-
ERED BY THE AUTHORITY IN FORMULATING DETAILED PLANS FOR SUCH A PROJECT.
A. 4665 16
AT THE REQUEST OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY OR
SUBDIVISION WHICH IS ENGAGED IN HIGHWAY OR OTHER TRANSPORTATION ACTIV-
ITIES OR IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED WITH
THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR ANY
OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORITY
WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECTING THE TRANS-
PORTATION DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE TO IT
CURRENT INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF
SUCH AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER GOVERN-
MENT OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON
SUCH ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE AND
SUCH OFFICERS AND PERSONNEL MAY SERVE UPON SUCH COMMITTEES WITHOUT
FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
S 1349-L. NOTES AND BONDS OF THE AUTHORITY. 1. (A) THE AUTHORITY SHALL
HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO BORROW MONEY
AND ISSUE ITS NEGOTIABLE BONDS AND NOTES IN SUCH PRINCIPAL AMOUNT, AS,
IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFI-
CIENT FUNDS FOR ACHIEVING ITS PURPOSES, INCLUDING THE ACQUISITION,
ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
VATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY TRANSPORTATION FACILITY,
THE PAYMENT OF INTEREST ON BONDS AND NOTES OF THE AUTHORITY, ESTABLISH-
MENT OF RESERVES TO SECURE SUCH BONDS AND NOTES, THE PROVISION OF WORK-
ING CAPITAL AND ALL OTHER EXPENDITURES OF THE AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS INCIDENT TO AND NECESSARY OR CONVENIENT TO CARRY OUT
THEIR PURPOSES AND POWERS;
(B) THE AUTHORITY SHALL HAVE POWER, FROM TIME TO TIME, TO ISSUE
RENEWAL NOTES, TO ISSUE BONDS TO PAY NOTES AND WHENEVER IT DEEMS REFUND-
ING EXPEDIENT, TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER
THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
PARTLY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OTHER
PURPOSE. THE REFUNDING BONDS SHALL BE SOLD AND THE PROCEEDS APPLIED TO
THE PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS TO BE REFUNDED;
(C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AUTHORITY,
EVERY ISSUE OF ITS NOTES OR BONDS SHALL BE GENERAL OBLIGATIONS OF THE
AUTHORITY PAYABLE OUT OF ANY REVENUES OR MONEYS OF THE AUTHORITY,
SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR NOTES OR
BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES;
(D) WHETHER OR NOT THE NOTES OR BONDS ARE OF SUCH FORM AND CHARACTER
AS TO BE NEGOTIABLE INSTRUMENTS UNDER ARTICLE EIGHT OF THE UNIFORM
COMMERCIAL CODE, THE NOTES OR BONDS SHALL BE AND HEREBY ARE MADE NEGOTI-
ABLE INSTRUMENTS WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF ARTI-
CLE EIGHT OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO THE PROVISIONS
OF THE NOTES OR BONDS FOR REGISTRATION.
2. THE NOTES AND BONDS SHALL BE AUTHORIZED BY RESOLUTION APPROVED BY
NOT LESS THAN A MAJORITY VOTE OF THE AUTHORITY, SHALL BEAR SUCH DATE OR
DATES, AND SHALL MATURE AT SUCH TIME OR TIMES, AS SPECIFIED THEREIN, AND
IN THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY YEARS FROM THE DATE OF
ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES AND
BONDS SHALL BEAR INTEREST AT SUCH RATE OR RATES, BE IN SUCH DENOMI-
NATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGIS-
TRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDI-
UM OF PAYMENT, AT SUCH PLACE OR PLACES AND BE SUBJECT TO SUCH TERMS OF
REDEMPTION AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES AND
BONDS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY, AT PUBLIC OR
PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE.
A. 4665 17
NO NOTES OR BONDS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT
PRIVATE SALE, HOWEVER, UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN
APPROVED IN WRITING BY (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO
THE COMPTROLLER, OR (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS
TO THE COMPTROLLER.
3. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY
ISSUE THEREOF MAY CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE
CONTRACT WITH THE HOLDERS THEREOF, AS TO: (A) PLEDGING ALL OR ANY PART
OF THE FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES MADE OR
RECEIVED BY THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS, AND
OTHER MONEYS RECEIVED OR TO BE RECEIVED, TO SECURE THE PAYMENT OF THE
NOTES OR BONDS OR OF ANY ISSUE THEREOF, SUBJECT TO SUCH AGREEMENTS WITH
BONDHOLDERS OR NOTEHOLDERS AS MAY THEN EXIST;
(B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT OF THE NOTES OR
BONDS OR OF ANY ISSUE OF NOTES OR BONDS, SUBJECT TO SUCH AGREEMENTS WITH
NOTEHOLDERS OR BONDHOLDERS AS MAY THEN EXIST;
(C) THE USE, AND DISPOSITION OF FARES, TOLLS, RENTALS, RATES, CHARGES
AND OTHER FEES MADE OR RECEIVED BY THE AUTHORITY OR ANY OF ITS SUBSID-
IARY CORPORATIONS;
(D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
AND DISPOSITION THEREOF;
(E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES
OR BONDS MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT
OF THE NOTES OR BONDS OR OF ANY ISSUE THEREOF;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES OR BONDS; THE
TERMS UPON WHICH ADDITIONAL NOTES OR BONDS MAY BE ISSUED AND SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
NOTEHOLDERS OR BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF
NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
(H) LIMITATIONS ON THE AMOUNT OF MONEYS TO BE EXPENDED BY THE AUTHORI-
TY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR OPERATING, ADMINISTRATIVE OR
OTHER EXPENSES OF THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS;
(I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
BONDHOLDERS PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT
OF THE BONDHOLDERS TO APPOINT A TRUSTEE UNDER THIS TITLE OR LIMITING THE
RIGHTS, POWERS AND DUTIES OF SUCH TRUSTEE; AND
(J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS.
4. IN ADDITION TO THE POWERS CONFERRED UPON THE AUTHORITY TO SECURE
ITS NOTES AND BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH
THE ISSUANCE OF NOTES AND BONDS TO ENTER INTO SUCH AGREEMENTS AS THE
AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE
OR DISPOSITION OF ITS MONIES OR PROPERTY OR THE MONIES OR PROPERTY OF
ANY OF ITS SUBSIDIARY CORPORATIONS, INCLUDING THE MORTGAGING OF ANY SUCH
PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER SECURITY
INTEREST IN ANY SUCH MONIES OR PROPERTY AND THE DOING OF ANY ACT
(INCLUDING REFRAINING FROM DOING ANY ACT) WHICH THE AUTHORITY WOULD HAVE
THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS. THE AUTHORITY SHALL
HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH AGREEMENTS WITHIN THE
POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM SUCH AGREE-
A. 4665 18
MENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE MADE A PART OF THE
CONTRACT WITH THE HOLDERS OF THE NOTES AND BONDS OF THE AUTHORITY.
5. IT IS THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE
TIME WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND ENTRUSTED AND THEREAFTER
RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
ERY THEREOF OR FURTHER ACT; AND THAT THE LIEN OF ANY SUCH PLEDGE, MORT-
GAGE OR SECURITY INSTRUMENT SHALL BE VALID AND BINDING AS AGAINST ALL
PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST
THE AUTHORITY, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF.
NEITHER THE RESOLUTION NOR ANY MORTGAGE, SECURITY INSTRUMENT OR OTHER
INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY IS CREATED
NEED BE RECORDED OR FILED AND THE AUTHORITY SHALL NOT BE REQUIRED TO
COMPLY WITH ANY OF THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
6. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE
NOTES OR BONDS SHALL BE LIABLE PERSONALLY ON THE NOTES OR BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
ISSUANCE THEREOF.
7. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS OR BOND-
HOLDERS AS MAY THEN EXIST, SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE
THEREFOR TO PURCHASE NOTES OR BONDS OF THE AUTHORITY, WHICH SHALL THERE-
UPON BE CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE NOTES OR BONDS
ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED
INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST DATE AFTER SUCH PURCHASE UPON WHICH THE NOTES OR BONDS BECOME
SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SUCH DATE.
8. THE STATE SHALL NOT BE LIABLE ON NOTES OR BONDS OF THE AUTHORITY
AND SUCH NOTES AND BONDS SHALL NOT BE A DEBT OF THE STATE, AND SUCH
NOTES AND BONDS SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
EFFECT.
S 1349-M. RESERVE FUNDS AND APPROPRIATIONS. 1. THE AUTHORITY MAY
CREATE AND ESTABLISH ONE OR MORE RESERVE FUNDS TO BE KNOWN AS DEBT
SERVICE RESERVE FUNDS AND MAY PAY INTO SUCH DEBT SERVICE RESERVE FUNDS
(A) ANY MONIES APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE
PURPOSES OF SUCH FUNDS, (B) ANY PROCEEDS OF SALE OF NOTES OR BONDS TO
THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE
ISSUANCE THEREOF, AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE OR
SOURCES. THE MONIES HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND
ESTABLISHED UNDER THIS SECTION, EXCEPT AS PROVIDED IN THIS TITLE, SHALL
BE USED SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORI-
TY SECURED BY SUCH DEBT SERVICE RESERVE FUND AS THE SAME MATURE, THE
PURCHASE OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH
BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED
TO BE PAID WHEN SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED,
HOWEVER, THAT THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT MONIES IN
ANY SUCH FUND SHALL NOT BE WITHDRAWN THEREFROM AT ANY TIME IN SUCH
AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO LESS THAN THE MAXIMUM
AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY
SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH YEARS ON THE
BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH DEBT SERVICE
RESERVE FUND, EXCEPT FOR THE PURPOSE OF PAYING PRINCIPAL OF AND INTEREST
ON SUCH BONDS OF THE AUTHORITY SECURED BY SUCH DEBT SERVICE RESERVE FUND
A. 4665 19
MATURING AND BECOMING DUE AND FOR THE PAYMENT OF WHICH OTHER MONIES OF
THE AUTHORITY ARE NOT AVAILABLE. ANY INCOME OR INTEREST EARNED BY, OR
INCREMENT TO, ANY SUCH DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT
THEREOF MAY BE TRANSFERRED BY THE AUTHORITY TO ANY OTHER FUND OR ACCOUNT
OF THE AUTHORITY AND THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT ANY
SUCH TRANSFER SHALL NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE
FUND BELOW THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND
BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO
SUCH YEARS ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY
SUCH DEBT SERVICE RESERVE FUND.
2. THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT IT SHALL NOT ISSUE
BONDS AT ANY TIME IF THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATUR-
ING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT
EXCEEDING TWO SUCH YEARS ON THE BONDS OUTSTANDING AND THEN TO BE ISSUED
AND SECURED BY A DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF
SUCH DEBT SERVICE RESERVE FUND AT THE TIME OF ISSUANCE, UNLESS THE
AUTHORITY, AT THE TIME OF THE ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN
SUCH DEBT SERVICE RESERVE FUND FROM THE PROCEEDS OF THE BONDS SO TO BE
ISSUED, OR OTHERWISE, AN AMOUNT WHICH, TOGETHER WITH THE AMOUNT THEN IN
SUCH DEBT SERVICE RESERVE FUND, WILL BE NOT LESS THAN THE MAXIMUM AMOUNT
OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCH SUCCEED-
ING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH YEARS ON THE BONDS
THEN TO BE ISSUED AND ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTAND-
ING AND SECURED BY SUCH DEBT SERVICE RESERVE FUND.
3. IN COMPUTING THE AMOUNT OF ANY DEBT SERVICE RESERVE FUND FOR THE
PURPOSES OF THIS SECTION, SECURITIES IN WHICH ALL OR A PORTION OF SUCH
FUND SHALL BE INVESTED SHALL BE VALUED AT PAR, OR IF PURCHASED AT LESS
THAN PAR, AT THEIR COST TO THE AUTHORITY.
S 1349-N. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO AND
AGREE WITH THE HOLDERS OF ANY NOTES OR BONDS ISSUED UNDER THIS TITLE,
THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE
AUTHORITY TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS
THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS
UNTIL SUCH NOTES OR BONDS, TOGETHER WITH THE INTEREST THEREON, WITH
INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS AND
EXPENSES FOR WHICH THE AUTHORITY IS LIABLE IN CONNECTION WITH ANY ACTION
OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND
DISCHARGED. THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS PLEDGE AND
AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES
OR BONDS.
S 1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTAND-
ING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS WHICH
MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS, THE
STATE MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE
AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
LEAST TWO NEWSPAPERS PUBLISHED AND CIRCULATING IN THE REGIONAL TRANSPOR-
TATION DISTRICT, AT LEAST TWICE, THE FIRST PUBLICATION TO BE AT LEAST
THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
S 1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS. 1. IN THE EVENT
THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR
INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
A. 4665 20
WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL
CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE OR
SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL AMOUNT OF THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES
PROVIDED IN THIS SECTION.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN
OUTSTANDING SHALL, IN HIS OR HER OR ITS OWN NAME:
(A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR BONDHOLD-
ERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT FARES,
TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT ANY
AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
ES AND OTHER FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
DUTIES UNDER THIS TITLE;
(B) BRING SUIT UPON SUCH NOTES OR BONDS;
(C) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
(D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS;
(E) DECLARE ALL SUCH NOTES OR BONDS DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH IN THIS SECTION OR INCIDENT TO THE GENERAL
REPRESENTATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND
PROTECTION OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDINGS BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
COUNTY IN WHICH THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION.
5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE GOVER-
NOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY GENERAL OF
THE STATE.
S 1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS OF
THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
AND BODIES OF THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
ING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
A. 4665 21
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY ARE ALSO HEREBY
MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED BY ALL
PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES AND
POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR
OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
S 1349-R. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED AND
DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS
PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE
OF NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROS-
PERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY WILL BE PERFORM-
ING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS
CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF THE
FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED BY THE AUTHORITY
AND USED FOR TRANSPORTATION PURPOSES, PROPERTY LEASED BY THE AUTHORITY
AND USED FOR TRANSPORTATION PURPOSES, AND PROPERTY USED FOR TRANSPORTA-
TION PURPOSES BY OR FOR THE BENEFIT OF THE AUTHORITY EXCLUSIVELY PURSU-
ANT TO THE PROVISIONS OF A JOINT SERVICE ARRANGEMENT OR OF A JOINT
FACILITIES AGREEMENT OR TRACKAGE RIGHTS AGREEMENT SHALL ALL BE EXEMPT
FROM TAXATION AND SPECIAL AD VALOREM LEVIES. THE AUTHORITY SHALL BE
REQUIRED TO PAY NO FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL,
EXCEPT SPECIAL BENEFIT ASSESSMENTS IF SAID PROPERTY IS LOCATED IN A
SPECIAL BENEFIT DISTRICT, INCLUDING BUT NOT LIMITED TO FEES, TAXES OR
ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE USES THEREOF, OR UPON ITS
ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON ANY
FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES OR OTHER
INCOME RECEIVED BY THE AUTHORITY AND ALL BONDS, NOTES AND OBLIGATIONS OF
THE AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM
TAXATION, EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS
SECTION SHALL CONSTITUTE A COVENANT AND AGREEMENT WITH THE HOLDERS OF
ALL BONDS, NOTES AND OBLIGATIONS ISSUED BY THE AUTHORITY. THE TERMS
"TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND THE
TERM "TRANSPORTATION PURPOSES" SHALL HAVE THE SAME MEANING AS USED IN
TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH LAW.
S 1349-S. ACTIONS AGAINST THE AUTHORITY. 1. AS A CONDITION TO THE
CONSENT OF THE STATE TO SUCH SUITS AGAINST THE AUTHORITY, IN EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR
PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES OR DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST
THIRTY DAYS HAVE ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH
SUCH ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY OR
OTHER OFFICER DESIGNATED FOR SUCH PURPOSE AND THE AUTHORITY HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
FOR WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A NOTICE OF
CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMITED BY
AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE
GENERAL MUNICIPAL LAW. AN ACTION AGAINST THE AUTHORITY FOR WRONGFUL
DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME
LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
3. THE AUTHORITY SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
THE EXTENT THAT IT SHALL SAVE HARMLESS ANY DULY APPOINTED OFFICER OR
EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
A. 4665 22
EE, IN THE OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF THE AUTHORITY
IN THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF, WHILE OTHERWISE
ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
HIS OR HER EMPLOYMENT.
4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT AN
ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER OR EMPLOYEE OF
THE AUTHORITY DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
SUCH ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
6. THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
OF THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF
SUCH SUBSIDIARY CORPORATION WERE SEPARATELY NAMED IN THIS SECTION,
PROVIDED, HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH
IS A STOCK CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS
SECTION EXCEPT WITH RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND
AFTER THE FIRST OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR
MONTH IN WHICH SUCH STOCK CORPORATION BECOMES A SUBSIDIARY CORPORATION
OF THE AUTHORITY.
S 1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES. TO THE END
THAT MUNICIPAL CORPORATIONS, COUNTIES AND SCHOOL DISTRICTS MAY NOT
SUFFER UNDUE LOSS OF TAXES OR ASSESSMENTS:
IF THE AUTHORITY ACQUIRES PROPERTY FOR NON-TRANSPORTATION PURPOSES
(E.G. FOR FUTURE TRANSPORTATION PURPOSES BUT NOT TO BE SO USED IMME-
DIATELY) THE AUTHORITY EXCEPT AS PROVIDED IN THIS TITLE, SHALL PAY TO
THE PARTICIPATING COUNTY AND/OR CITY, TOWN OR SCHOOL DISTRICT WHERE THE
PROPERTY IS LOCATED, ANNUALLY, IN LIEU OF TAXES, A SUM EQUAL TO THE SUM
LAST PAID AS TAXES UPON THE PROPERTY PRIOR TO THE TIME OF ITS ACQUISI-
TION BY THE AUTHORITY. SHOULD SUCH PROPERTY BE SUBSEQUENTLY DEVELOPED
AND IMPROVED BUT STILL REMAIN UNUSED FOR TRANSPORTATION PURPOSES, IT
SHALL DURING SUCH PERIOD OF DISUSE FOR TRANSPORTATION BE SUBJECT TO
ASSESSMENT, AT THE PREVAILING METHOD OF DETERMINING ASSESSMENTS, BY THE
COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT AND THE AUTHORITY SHALL, BASED
ON SUCH ASSESSMENT, ANNUALLY, IN LIEU OF TAXES, PAY TO THE COUNTY AND/OR
CITY AND/OR SCHOOL DISTRICT AN AMOUNT FIXED BY IT.
IF THE AUTHORITY ACQUIRES PROPERTY FOR TRANSPORTATION PURPOSES BUT
SUBSEQUENTLY USES SUCH PROPERTY FOR NON-TRANSPORTATION PURPOSES, THEN
THE AUTHORITY SHALL BE REQUIRED, EXCEPT AS PROVIDED IN THIS TITLE, TO
PAY ANNUALLY IN LIEU OF TAXES TO THE PARTICIPATING COUNTY AND/OR CITY
AND/OR SCHOOL DISTRICT WHEREIN SUCH PROPERTY IS LOCATED, AN AMOUNT EQUAL
TO THE SUM WHICH THE SAID COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT
WOULD ORDINARILY BE IMPOSED AS TAXES, PURSUANT TO THE PREVAILING METHOD
OF DETERMINING ASSESSMENTS.
PROPERTIES ACQUIRED BY THE AUTHORITY FOR TRANSPORTATION AND USED AS
SUCH, SHALL NOT BE SUBJECT TO THE PAYMENT OF ANY TAXES EXCEPT THAT THE
AUTHORITY SHALL PAY SUCH PROPERTY SPECIAL BENEFIT ASSESSMENTS ON THE
PROPERTY IF IT IS LOCATED IN AN EXISTING SPECIAL BENEFIT DISTRICT.
S 1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY IN CONTRACTS
PROHIBITED. IT SHALL BE A MISDEMEANOR FOR A MEMBER OF THE AUTHORITY OR
A. 4665 23
AN OFFICER, AGENT, SERVANT OR EMPLOYEE EMPLOYED BY OR APPOINTED BY THE
AUTHORITY, TO BE IN ANY WAY OR MANNER INTERESTED, DIRECTLY OR INDIRECT-
LY, AS PRINCIPAL, SURETY OR OTHERWISE, IN A CONTRACT, THE EXPENSE OR
CONSIDERATION WHEREOF IS PAYABLE OUT OF THE FUNDS OF THE AUTHORITY.
S 1349-V. FISCAL YEAR. THE FISCAL YEAR OF THE AUTHORITY SHALL BEGIN ON
THE FIRST DAY OF JANUARY.
S 1349-W. CONSENT BY THE STATE. THE COMMISSIONER OF GENERAL SERVICES
SHALL HAVE POWER, IN HIS OR HER DISCRETION, FROM TIME TO TIME TO TRANS-
FER AND CONVEY TO THE AUTHORITY, OR TO ONE OR MORE PARTICIPATING COUN-
TIES FOR THE USE OF THE AUTHORITY, AND FOR SUCH CONSIDERATION AND UPON
SUCH TERMS AND CONDITIONS AS MAY BE DETERMINED BY HIM OR HER TO BE PAID
TO THE STATE, UNAPPROPRIATED STATE LANDS, ABANDONED CANAL LANDS AND
LANDS UNDER WATER WHICH THE AUTHORITY SHALL CERTIFY TO BE NECESSARY OR
DESIRABLE FOR THE CORPORATE PURPOSES OF THE AUTHORITY.
S 1349-X. SEPARABILITY. IF ANY PROVISION OF ANY SECTION OF THIS TITLE
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE
ADJUDGED INVALID BY A COURT OF COMPETENT JURISDICTION, SUCH ORDER OR
JUDGMENT SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH
IT WAS RENDERED, AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY
PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICATION OF ANY PART
THEREOF TO ANY OTHER PERSON OR CIRCUMSTANCE AND TO THIS END THE
PROVISIONS OF EACH SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE
SEVERABLE.
S 1349-Y. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS TITLE SHALL BE
CONTROLLING.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.