A. 5020 2
1114-P. CONTRACTS.
1114-Q. INTEREST IN CONTRACTS PROHIBITED.
1114-R. AUDIT AND ANNUAL REPORT.
1114-S. LIMITED LIABILITY.
1114-T. ENVIRONMENTAL APPLICATIONS, PROCEEDINGS, APPROVALS AND
PERMITS.
1114-U. SEA GATE COMMUNITY MAY LEVY TAX WITHIN DISTRICT.
1114-V. AUTHORITY AND WATER BOARD TO TAKE AFFIRMATIVE ACTION.
1114-W. SEPARABILITY.
1114-X. EFFECT OF INCONSISTENT PROVISIONS.
S 1114. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"SEA GATE WATER AND SEWER AUTHORITY ACT".
S 1114-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" MEANS THE CORPORATION CREATED BY SECTION ONE THOUSAND
ONE HUNDRED FOURTEEN-C OF THIS TITLE.
2. "BONDS" MEANS THE BONDS, NOTES OR OTHER EVIDENCES OF INDEBTEDNESS
ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE, AND THE PROVISIONS OF
THIS TITLE RELATING TO BONDS AND BONDHOLDERS SHALL APPLY WITH EQUAL
FORCE AND EFFECT TO NOTES AND NOTEHOLDERS, RESPECTIVELY, UNLESS THE
CONTEXT OTHERWISE CLEARLY REQUIRES.
3. "CIVIL SERVICE COMMISSION" MEANS THE STATE CIVIL SERVICE COMMIS-
SION.
4. "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE.
5. "CONSTRUCTION" MEANS THE ACQUISITION, ERECTION, BUILDING, ALTER-
ATION, IMPROVEMENT, INCREASE, ENLARGEMENT, EXTENSION, RECONSTRUCTION,
RENOVATION OR REHABILITATION OF A WATER, SEWERAGE OR WATER AND SEWERAGE
SYSTEM, AS THE CASE MAY BE; THE INSPECTION AND SUPERVISION THEREOF; AND
THE ENGINEERING, ARCHITECTURAL, LEGAL, FISCAL AND ECONOMIC INVESTI-
GATIONS AND STUDIES, SURVEYS, DESIGNS, PLANS, WORKING DRAWINGS, SPECIFI-
CATIONS, PROCEDURES AND OTHER ACTIONS PRELIMINARY OR INCIDENTAL THERETO.
6. "COST" AS APPLIED TO ANY PROJECT, INCLUDES THE COST OF
CONSTRUCTION, THE COST OF THE ACQUISITION OF ALL PROPERTY, INCLUDING
REAL PROPERTY AND OTHER PROPERTY, BOTH REAL AND PERSONAL AND IMPROVED
AND UNIMPROVED, THE COST OF DEMOLISHING, REMOVING OR RELOCATING ANY
BUILDINGS OR STRUCTURES ON LANDS SO ACQUIRED, INCLUDING THE COST OF
ACQUIRING ANY LANDS TO WHICH SUCH BUILDINGS OR STRUCTURES MAY BE MOVED
OR RELOCATED, THE COST OF ALL SYSTEMS, FACILITIES, MACHINERY, APPARATUS
AND EQUIPMENT, FINANCING CHARGES, INTEREST PRIOR TO, DURING AND AFTER
CONSTRUCTION TO THE EXTENT NOT PAID OR PROVIDED FOR FROM REVENUES OR
OTHER SOURCES, THE COST OF ENGINEERING AND ARCHITECTURAL SURVEYS, PLANS
AND SPECIFICATIONS, THE COST OF CONSULTANT AND LEGAL SERVICES, THE COST
OF LEASE GUARANTEE OR BOND INSURANCE AND THE COST OF OTHER EXPENSES
NECESSARY OR INCIDENTAL TO THE CONSTRUCTION OF SUCH PROJECT AND THE
FINANCING OF THE CONSTRUCTION THEREOF, INCLUDING THE AMOUNT AUTHORIZED
IN THE RESOLUTION OF THE AUTHORITY PROVIDING FOR THE ISSUANCE OF BONDS
TO BE PAID INTO ANY RESERVE OR OTHER SPECIAL FUND FROM THE PROCEEDS OF
SUCH BONDS AND THE FINANCING OF THE PLACING OF ANY PROJECT IN OPERATION,
INCLUDING REIMBURSEMENT TO THE SEA GATE COMMUNITY, OR ANY MUNICIPALITY,
STATE AGENCY, THE STATE, THE UNITED STATES GOVERNMENT, OR ANY OTHER
PERSON FOR EXPENDITURES THAT WOULD BE COSTS OF THE PROJECT HEREUNDER HAD
THEY BEEN MADE DIRECTLY BY THE AUTHORITY.
7. "SEA GATE COMMUNITY" MEANS THAT AREA OF THE CITY OF NEW YORK
COMMONLY REFERRED TO AS THE COMMUNITY OF SEA GATE.
8. "CHIEF EXECUTIVE OFFICER" MEANS THE CHIEF EXECUTIVE OFFICER OF THE
SEA GATE COMMUNITY.
A. 5020 3
9. "DISTRICT" MEANS THE SEA GATE WATER AND SEWER DISTRICT CREATED BY
SECTION ONE THOUSAND ONE HUNDRED FOURTEEN-B OF THIS TITLE.
10. "DISTRIBUTION SYSTEM" MEANS THE WATER FACILITY OR FACILITIES
EMPLOYED TO DELIVER WATER FROM A TRANSMISSION FACILITY, OR WHERE THERE
IS NO TRANSMISSION FACILITY, FROM A SUPPLY FACILITY, TO THE ULTIMATE
CONSUMERS OF SUCH WATER.
11. "GOVERNING BODY" MEANS THE MEMBERS OF THE AUTHORITY CONSTITUTING
AND ACTING AS THE GOVERNING BODY OF THE AUTHORITY.
12. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, IMPROVEMENT
DISTRICT UNDER THE TOWN LAW, ANY OTHER SUCH INSTRUMENTALITY, INCLUDING
ANY AGENCY, OR PUBLIC CORPORATION OF THE STATE, OR ANY OF THE FOREGOING
OR ANY COMBINATION THEREOF.
13. "PERSON" MEANS ANY NATURAL PERSON, PARTNERSHIP, ASSOCIATION, JOINT
VENTURE OR CORPORATION, EXCLUSIVE OF A PUBLIC CORPORATION.
14. "PROJECT" MEANS ANY WATER FACILITY, SEWERAGE FACILITY OR WATER AND
SEWERAGE FACILITY.
15. "PROPERTIES" MEANS THE WATER, SEWERAGE AND WATER AND SEWERAGE
SYSTEM OR SYSTEMS OF THE AUTHORITY, WHETHER SITUATED WITHIN OR WITHOUT
THE TERRITORIAL LIMITS OF THE DISTRICT, INCLUDING THE PLANTS, WORKS,
STRUCTURES, INSTRUMENTALITIES OR PART THEREOF AND APPURTENANCES THERETO,
REAL PROPERTY, WATER FACILITIES, SEWERAGE FACILITIES OR ANY OTHER PROP-
ERTY INCIDENTAL TO AND INCLUDED IN SUCH SYSTEM OR SYSTEMS OR PART THERE-
OF, AND ANY IMPROVEMENTS, EXTENSIONS AND BETTERMENTS.
16. "REAL PROPERTY" MEANS LANDS, STRUCTURES, FRANCHISES, RIGHTS AND
INTERESTS IN LAND, WATERS, LANDS UNDERWATER, RIPARIAN RIGHTS AND AIR
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 INCLUDING, 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.
17. "REVENUES" MEANS ALL RATES, RENTS, FEES, CHARGES, PAYMENTS AND
OTHER INCOME AND RECEIPTS DERIVED FROM THE OPERATION OF THE PROPERTIES
OF THE AUTHORITY INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FORE-
GOING, INVESTMENT PROCEEDS AND PROCEEDS OF INSURANCE, CONDEMNATION, AND
SALE OR OTHER DISPOSITION OF ASSETS, TOGETHER WITH ALL FEDERAL, STATE OR
MUNICIPAL AID.
18. "SEWAGE" MEANS THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM RESI-
DENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER PLACES, TOGETHER
WITH SUCH GROUNDWATER INFILTRATION AND SURFACE WATER AS MAY BE PRESENT.
THE ADMIXTURE WITH SEWAGE OF INDUSTRIAL OR OTHER WASTE ALSO SHALL BE
CONSIDERED "SEWAGE" WITHIN THE MEANING OF THIS TITLE.
19. "SEWERAGE FACILITY" OR "SEWERAGE FACILITIES" MEANS ANY PLANTS,
STRUCTURES AND OTHER REAL AND PERSONAL PROPERTY ACQUIRED, REHABILITATED
OR CONSTRUCTED OR PLANNED FOR THE PURPOSE OF COLLECTING, CONVEYING,
PUMPING, TREATING, NEUTRALIZING, STORING AND DISPOSING OF SEWAGE,
INCLUDING BUT NOT LIMITED TO MAIN, TRUNK, INTERCEPTING, CONNECTING,
LATERAL, OUTLET OR OTHER SEWERS, OUTFALLS, PUMPING STATIONS, TREATMENT
AND DISPOSAL PLANTS, GROUNDWATER RECHARGE BASINS, BACK-FLOW PREVENTION
DEVICES, SLUDGE DEWATERING OR DISPOSAL EQUIPMENT AND FACILITIES, CLARI-
FIERS, FILTERS, PHOSPHORUS REMOVAL EQUIPMENT AND OTHER PLANTS, WORKS,
STRUCTURES, EQUIPMENT, VEHICLES, CONVEYANCES, CONTRACT RIGHTS, FRAN-
CHISES, APPROACHES, CONNECTIONS, PERMITS, REAL OR PERSONAL PROPERTY OR
RIGHTS THEREIN AND APPURTENANCES THERETO NECESSARY OR USEFUL AND CONVEN-
IENT FOR THE COLLECTION, CONVEYANCE, PUMPING, TREATMENT, NEUTRALIZING,
STORING AND DISPOSING OF SEWAGE.
A. 5020 4
20. "STATE" MEANS THE STATE OF NEW YORK.
21. "STATE AGENCY" MEANS ANY STATE OFFICER, PUBLIC BENEFIT CORPO-
RATION, DEPARTMENT, BOARD, COMMISSION, BUREAU OR DIVISION, OR OTHER
AGENCY OR INSTRUMENTALITY OF THE STATE.
22. "SUPPLY FACILITY" MEANS A WATER FACILITY EMPLOYED TO MAKE GROUND-
WATER OR SURFACE WATER AVAILABLE FOR DELIVERY INTO A TRANSMISSION FACIL-
ITY OR DISTRIBUTION SYSTEM.
23. "TRANSMISSION FACILITY" MEANS A WATER FACILITY USED TO CARRY WATER
FROM A SUPPLY FACILITY TO A DISTRIBUTION SYSTEM.
24. "WATER FACILITY" OR "WATER FACILITIES" MEANS ANY PLANTS, STRUC-
TURES AND OTHER REAL AND PERSONAL PROPERTY ACQUIRED, REHABILITATED OR
CONSTRUCTED OR PLANNED FOR THE PURPOSE OF ACCUMULATING, SUPPLYING, TRAN-
SMITTING, TREATING OR DISTRIBUTING WATER, INCLUDING BUT NOT LIMITED TO
SURFACE OR GROUNDWATER RESERVOIRS, BASINS, DAMS, CANALS, AQUEDUCTS,
STANDPIPES, CONDUITS, PIPELINES, MAINS, PUMPING STATIONS, PUMPS, WATER
DISTRIBUTION SYSTEMS, COMPENSATING RESERVOIRS, INTAKE STATIONS, WATER-
WORKS OR SOURCES OF WATER SUPPLY, WELLS, PURIFICATION OR FILTRATION
PLANTS OR OTHER TREATMENT PLANTS AND WORKS, CONTRACT RIGHTS, FRANCHISES,
APPROACHES, CONNECTIONS, PERMITS, WATER METERS, RIGHTS OF FLOWAGE OR
DIVERSION AND OTHER PLANTS, STRUCTURES, EQUIPMENT, VEHICLES, CONVEYANC-
ES, REAL OR PERSONAL PROPERTY OR RIGHTS THEREIN AND APPURTENANCES THERE-
TO NECESSARY OR USEFUL AND CONVENIENT FOR THE ACCUMULATION, SUPPLY,
TRANSMISSION, TREATMENT OR DISTRIBUTION OF WATER.
S 1114-B. SEA GATE WATER AND SEWER DISTRICT. THERE IS HEREBY DEFINED
AND ESTABLISHED AN AREA TO BE KNOWN AS THE "SEA GATE WATER AND SEWER
DISTRICT" WHICH SHALL EMBRACE ALL THE TERRITORY LOCATED WITHIN THE
COMMUNITY OF SEA GATE IN THE CITY OF NEW YORK.
S 1114-C. SEA GATE WATER AND SEWER AUTHORITY. 1. A PUBLIC CORPORATION,
TO BE KNOWN AS THE "SEA GATE WATER AND SEWER AUTHORITY" IS HEREBY
CREATED FOR THE PUBLIC PURPOSES AND CHARGED WITH THE DUTIES AND HAVING
THE POWERS PROVIDED IN THIS TITLE. THE AUTHORITY SHALL BE A BODY CORPO-
RATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION, THE OBJECTS
OF WHICH IN THE JUDGMENT OF THE LEGISLATURE CANNOT BE ATTAINED UNDER
GENERAL LAWS. IT SHALL CONSIST OF FIVE MEMBERS, WHO SHALL BE RESIDENTS
OF THE SEA GATE COMMUNITY AND BE APPOINTED BY THE GOVERNOR; ONE UPON
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE UPON RECOM-
MENDATION OF THE SPEAKER OF THE ASSEMBLY, ONE UPON RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE AND ONE UPON RECOMMENDATION OF THE MINORI-
TY LEADER OF THE ASSEMBLY. NO MORE THAN THREE MEMBERS SHALL BE MEMBERS
OF THE SAME POLITICAL PARTY. THE FIRST MEMBERS APPOINTED BY THE GOVERNOR
SHALL BE APPOINTED FOR THE FOLLOWING TERMS OF OFFICE: ONE FOR A TERM
ENDING ON DECEMBER THIRTY-FIRST OF THE SECOND YEAR FOLLOWING THE YEAR IN
WHICH THIS TITLE SHALL HAVE BECOME LAW, TWO FOR A TERM ENDING ON DECEM-
BER THIRTY-FIRST OF THE THIRD YEAR FOLLOWING THE YEAR IN WHICH THIS
TITLE SHALL HAVE BECOME LAW; AND TWO FOR A TERM ENDING ON DECEMBER THIR-
TY-FIRST OF THE FOURTH YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE SHALL
HAVE BECOME LAW. SUBSEQUENT APPOINTMENTS OF MEMBERS SHALL BE MADE FOR A
TERM OF THREE YEARS ENDING IN EACH CASE ON DECEMBER THIRTY-FIRST OF THE
LAST YEAR OF SUCH TERM. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL
THEIR SUCCESSORS ARE APPOINTED AND QUALIFY. VACANCIES SHALL BE FILLED IN
THE MANNER PROVIDED FOR ORIGINAL APPOINTMENT. VACANCIES, OCCURRING
OTHERWISE THAN BY EXPIRATION OF TERM OF OFFICE, SHALL BE FILLED BY
APPOINTMENT FOR THE UNEXPIRED TERMS. MEMBERS MAY BE REMOVED FROM OFFICE
FOR THE SAME REASONS AND IN THE SAME MANNER AS MAY BE PROVIDED BY LAW
FOR THE REMOVAL OF OFFICERS OF A COUNTY. THE MEMBERS OF THE AUTHORITY
SHALL RECEIVE SUCH SALARY AS SHALL BE DETERMINED BY LOCAL LAW. THEY
A. 5020 5
SHALL RECEIVE NO REIMBURSEMENT FOR THE ORDINARY EXPENSES OF ATTENDING
MEETINGS, BUT MAY BY RESOLUTION BY THE AUTHORITY BE ALLOWED THEIR
EXPENSES OF A SPECIAL OR EXTRAORDINARY NATURE. A MEMBER MAY RECEIVE
ADDITIONAL COMPENSATION IF APPOINTED AN OFFICER OF THE AUTHORITY. THE
POWERS OF THE AUTHORITY SHALL BE VESTED IN AND BE EXERCISED BY THE
GOVERNING BODY AT A MEETING DULY CALLED AND HELD WHERE A QUORUM OF THREE
MEMBERS ARE PRESENT. NO ACTION SHALL BE TAKEN EXCEPT PURSUANT TO THE
FAVORABLE VOTE OF AT LEAST THREE MEMBERS. THE GOVERNING BODY MAY DELE-
GATE TO ONE OR MORE OF ITS MEMBERS, OFFICERS, AGENTS OR EMPLOYEES SUCH
POWERS AND DUTIES AS IT MAY DEEM PROPER.
2. THE OFFICERS OF THE AUTHORITY SHALL CONSIST OF A CHAIRMAN, A VICE-
CHAIRMAN AND A TREASURER, WHO SHALL BE MEMBERS OF THE AUTHORITY, AND A
SECRETARY, WHO NEED NOT BE A MEMBER OF THE AUTHORITY. SUCH OFFICERS
SHALL BE APPOINTED BY THE GOVERNING BODY AND SHALL SERVE IN SUCH CAPACI-
TIES AT THE PLEASURE OF THE GOVERNING BODY. IN ADDITION TO THE SECRE-
TARY, THE GOVERNING BODY MAY APPOINT AND AT PLEASURE REMOVE SUCH ADDI-
TIONAL OFFICERS AND EMPLOYEES AS IT MAY DETERMINE NECESSARY FOR THE
PERFORMANCE OF THE POWERS AND DUTIES OF THE AUTHORITY WHICH POSITION
SHALL BE IN THE EXEMPT CLASS OF CIVIL SERVICE, AND FIX AND DETERMINE
THEIR QUALIFICATIONS, DUTIES AND COMPENSATION, SUBJECT TO THE PROVISIONS
OF THE CIVIL SERVICE LAW. THE GOVERNING BODY MAY ALSO FROM TIME TO TIME
CONTRACT FOR EXPERT PROFESSIONAL SERVICES. THE TREASURER SHALL EXECUTE
A BOND, CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THE DUTIES OF HIS
OR HER OFFICE, THE AMOUNT AND SUFFICIENCY OF WHICH SHALL BE APPROVED BY
THE GOVERNING BODY AND THE PREMIUM THEREFOR SHALL BE PAID BY THE AUTHOR-
ITY.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER, MEMBER OR
EMPLOYEE OF THE STATE, ANY MUNICIPALITY, OR ANY PUBLIC BENEFIT CORPO-
RATION, SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS
OR HER ACCEPTANCE OF APPOINTMENT AS A MEMBER, OFFICER, AGENT OR EMPLOYEE
OF THE AUTHORITY, NOR SHALL SERVICE AS SUCH MEMBER, OFFICER, AGENT OR
EMPLOYEE BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE, MEMBER-
SHIP OR EMPLOYMENT.
4. (A) THE CHIEF EXECUTIVE OFFICER SHALL FILE ON OR BEFORE MARCH THIR-
TY-FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE SHALL HAVE
BECOME A LAW, IN THE OFFICE OF THE SECRETARY OF STATE, A CERTIFICATE
SIGNED BY SUCH CHIEF EXECUTIVE OFFICER SETTING FORTH: (1) THE NAME OF
THE AUTHORITY; (2) THE NAMES OF THE MEMBERS APPOINTED BY THE GOVERNOR
AND THEIR TERMS OF OFFICE; AND (3) THE EFFECTIVE DATE OF THIS TITLE. THE
AUTHORITY SHALL BE PERPETUAL IN DURATION, EXCEPT THAT IF SUCH CERTIF-
ICATE IS NOT FILED WITH THE SECRETARY OF STATE ON OR BEFORE MARCH THIR-
TY-FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE SHALL HAVE
BECOME A LAW, THEN THE CORPORATE EXISTENCE OF THE AUTHORITY SHALL THERE-
UPON TERMINATE AND IT SHALL THEREUPON BE DEEMED TO BE AND SHALL BE
DISSOLVED.
(B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE
AUTHORITY AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMINATED BY
LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS
THE AUTHORITY SHALL HAVE BONDS OR OTHER OBLIGATIONS OUTSTANDING UNLESS
ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT OR SATISFACTION THERE-
OF. UPON TERMINATION OF THE EXISTENCE OF THE AUTHORITY, ALL OF THE
RIGHTS AND PROPERTIES OF THE AUTHORITY THEN REMAINING SHALL PASS TO AND
VEST IN THE SEA GATE COMMUNITY.
5. IT IS HEREBY DETERMINED AND DECLARED, THAT THE AUTHORITY AND THE
CARRYING OUT OF ITS POWERS AND DUTIES ARE IN ALL RESPECTS FOR THE BENE-
A. 5020 6
FIT OF THE PEOPLE OF THE SEA GATE COMMUNITY AND THE STATE FOR THE
IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROSPERITY AND THAT SUCH
PURPOSES ARE PUBLIC PURPOSES AND THAT THE AUTHORITY IS AND WILL BE
PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE
POWERS CONFERRED UPON IT BY THIS TITLE.
S 1114-D. POWERS OF THE AUTHORITY. THE AUTHORITY SHALL HAVE THE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO BORROW MONEY AND ISSUE BONDS OR OTHER OBLIGATIONS AND TO PROVIDE
FOR THE RIGHTS OF THE HOLDERS THEREOF;
4. TO ENTER INTO CONTRACTS AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR
CONVENIENT OR DESIRABLE FOR THE PURPOSES OF THE AUTHORITY TO CARRY OUT
ANY POWERS EXPRESSLY GIVEN IT IN THIS TITLE;
5. TO ACQUIRE, BY PURCHASE, GIFT, GRANT, TRANSFER, CONTRACT OR LEASE
OR BY CONDEMNATION PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, LEASE
AS LESSEE, HOLD, AND USE ANY REAL OR PERSONAL PROPERTY OR ANY INTEREST
THEREIN, AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE TO
CARRY OUT THE PURPOSE OF THIS TITLE; PROVIDED HOWEVER, THAT THE AUTHORI-
TY MAY NOT CONDEMN REAL PROPERTY OF A MUNICIPALITY OF THE STATE UNLESS
SUCH MUNICIPALITY SHALL CONSENT THERETO;
6. TO PURCHASE, IN THE NAME OF THE AUTHORITY, ANY WATER FACILITY OR
SEWERAGE FACILITY, AND ANY IMPROVEMENTS, EXTENSIONS AND BETTERMENTS,
SITUATED WHOLLY WITHIN THE DISTRICT, PROVIDED, HOWEVER, THAT THE AUTHOR-
ITY SHALL HAVE THE POWER TO PURCHASE ANY SOURCE OF SUPPLY, SUPPLY FACIL-
ITY OR TRANSMISSION FACILITY OR ANY PART THEREOF SITUATED WHOLLY OR
PARTLY WITHOUT THE TERRITORIAL LIMITS OF THE DISTRICT, PROVIDED THE SAME
SHALL BE NECESSARY IN ORDER TO SUPPLY WATER WITHIN THE DISTRICT; AND IN
CONNECTION WITH THE PURCHASE OF SUCH PROPERTIES, THE AUTHORITY MAY
ASSUME ANY OBLIGATIONS OF THE OWNER OF SUCH PROPERTIES AND, TO THE
EXTENT REQUIRED BY THE TERMS OF ANY INDENTURES OR OTHER INSTRUMENTS
UNDER WHICH SUCH OBLIGATIONS WERE ISSUED, THE AUTHORITY MAY ASSUME AND
AGREE TO PERFORM COVENANTS AND OBSERVE THE RESTRICTIONS CONTAINED IN
SUCH INSTRUMENTS; AND FURTHERMORE THE OWNER OF ANY PROPERTIES, WHICH THE
AUTHORITY IS AUTHORIZED TO ACQUIRE, IS HEREBY AUTHORIZED TO SELL OR
OTHERWISE TRANSFER THE SAME TO THE AUTHORITY, WHEREUPON THE AUTHORITY
SHALL BECOME CHARGED WITH THE PERFORMANCE OF ALL PUBLIC DUTIES WITH
RESPECT TO SUCH PROPERTIES WITH WHICH SUCH OWNER WAS CHARGED AND SUCH
OWNER SHALL BECOME DISCHARGED FROM THE PERFORMANCE THEREOF, AND AS A
MEANS OF SO ACQUIRING FOR SUCH PURPOSE, THE AUTHORITY MAY PURCHASE ALL
OF THE STOCK OF ANY EXISTING PRIVATELY OWNED WATER CORPORATION OR COMPA-
NY AND IN THE CASE OF A SALE OR OTHER TRANSFER OF PROPERTIES OF A PUBLIC
UTILITY CORPORATION PURSUANT TO THIS PROVISION, UPON THE PURCHASE OF THE
STOCK OF SUCH CORPORATION OR COMPANY IT SHALL BE LAWFUL TO DISSOLVE SUCH
CORPORATION WITHIN A REASONABLE TIME;
7. TO CONSTRUCT, IMPROVE, MAINTAIN, DEVELOP, EXPAND OR REHABILITATE
WATER FACILITIES OR SEWERAGE FACILITIES;
8. TO OPERATE AND MANAGE AND TO CONTRACT FOR THE OPERATION AND MANAGE-
MENT OF PROPERTIES OF THE AUTHORITY;
9. TO ENTER INTO CONTRACTS, AND CARRY OUT THE TERMS THEREOF, FOR THE
WHOLESALE PROVISION OF WATER PRODUCED BY SUPPLY FACILITIES CONSTRUCTED
AND OPERATED BY THE AUTHORITY, TO MUNICIPALITIES AND PRIVATE WATER
COMPANIES AND TO CARRY OUT THE TERMS THEREOF, FOR THE TRANSMISSION OF
WATER FROM NEW OR EXISTING SUPPLY FACILITIES;
10. TO ENTER INTO CONTRACTS WITH MUNICIPALITIES FOR THE COLLECTION,
TREATMENT AND DISPOSAL OF SEWAGE;
A. 5020 7
11. TO APPLY TO THE APPROPRIATE AGENCIES AND OFFICIALS OF THE FEDERAL,
STATE AND LOCAL GOVERNMENTS FOR SUCH LICENSES, PERMITS OR APPROVALS OF
ITS PLANS OR PROJECTS AS IT MAY DEEM NECESSARY OR ADVISABLE, AND UPON
SUCH TERMS AND CONDITIONS AS IT MAY DEEM APPROPRIATE, AND TO ACCEPT, IN
ITS DISCRETION, SUCH LICENSES, PERMITS OR APPROVALS AS MAY BE TENDERED
TO IT BY SUCH AGENCIES AND OFFICIALS;
12. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS ARE REQUIRED FOR THE
PERFORMANCE OF ITS DUTIES, 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 OR TECHNICAL SERVICES AND ADVICE;
13. TO MAKE PLANS AND STUDIES NECESSARY, CONVENIENT OR DESIRABLE FOR
THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORITY AND TO
PREPARE RECOMMENDATIONS IN REGARD THERETO;
14. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY SHALL BE NECESSARY FOR THE PURPOSE OF MAKING SURVEYS,
SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED
BY THIS TITLE, THE AUTHORITY BEING LIABLE ONLY FOR ACTUAL DAMAGE DONE;
15. TO APPLY FOR AND TO ACCEPT ANY GIFTS OR GRANTS OR LOANS OF FUNDS
OR PROPERTY OR FINANCIAL OR OTHER AID IN ANY FORM FROM THE FEDERAL
GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM THE STATE
OR ANY AGENCY OR INSTRUMENTALITY THEREOF OR FROM ANY OTHER SOURCE, FOR
ANY OR ALL OF THE PURPOSES SPECIFIED IN THIS TITLE, AND TO COMPLY,
SUBJECT TO THE PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS
THEREOF;
16. TO SUPPLY AND SELL WATER FOR DOMESTIC, COMMERCIAL AND PUBLIC
PURPOSES AT RETAIL TO INDIVIDUAL CONSUMERS WITHIN THE DISTRICT AND TO
COLLECT, TREAT AND DISCHARGE SEWAGE PRODUCED FOR SUCH PURPOSES BY SUCH
GENERATORS;
17. TO PURCHASE WATER IN BULK FROM ANY PERSON, PRIVATE CORPORATION OR
MUNICIPALITY WHEN NECESSARY OR CONVENIENT FOR THE OPERATION OF SUCH
WATER SYSTEM;
18. TO PRODUCE, DEVELOP, DISTRIBUTE AND SELL WATER OR SEWERAGE
SERVICES WITHIN OR WITHOUT THE TERRITORIAL LIMITS OF THE DISTRICT; AND
TO PURCHASE WATER FROM ANY MUNICIPAL CORPORATION, TOWN WATER DISTRICT,
PERSON, ASSOCIATION OR CORPORATION; PROVIDED, HOWEVER, THAT WATER AND
SEWERAGE SERVICES MAY BE SOLD AT RETAIL TO INDIVIDUAL CONSUMERS ONLY
WITHIN THE DISTRICT AND FURTHER PROVIDED THAT IN EXERCISING THE POWERS
GRANTED BY THIS TITLE, THE AUTHORITY SHALL NOT SELL WATER OR SEWERAGE
SERVICES IN ANY AREA WHICH IS SERVED BY A WATER SYSTEM OR SEWERAGE
SYSTEM OWNED OR OPERATED BY A MUNICIPALITY OR SPECIAL IMPROVEMENT
DISTRICT UNLESS THE GOVERNING BODY OF SUCH MUNICIPALITY OR DISTRICT
SHALL ADOPT A RESOLUTION REQUESTING THE AUTHORITY TO SELL WATER OR
SEWERAGE SERVICES, AS THE CASE MAY BE, IN SUCH SERVED AREAS;
19. TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS
AND SUBJECT TO AGREEMENTS WITH BONDHOLDERS, RULES FOR THE SALE OF WATER
OR COLLECTION OF SEWAGE AND THE COLLECTION OF RENTS AND CHARGES THERE-
FOR. A COPY OF SUCH RULES AND BY-LAWS, AND ALL AMENDMENTS THERETO, DULY
CERTIFIED BY THE SECRETARY OF THE AUTHORITY SHALL BE FILED IN THE OFFICE
OF THE SECRETARY OF STATE. IN ADDITION, THE BOARD OF DIRECTORS OF THE
SEA GATE COMMUNITY BY RESOLUTION SHALL HAVE POWER TO PRESCRIBE THAT
VIOLATION OF SPECIFIC BY-LAWS OF THE AUTHORITY, PUBLISHED ONCE IN A
NEWSPAPER HAVING A GENERAL CIRCULATION IN THE SEA GATE COMMUNITY, SHALL
BE PUNISHABLE BY FINE, NOT EXCEEDING FIFTY DOLLARS, OR BY IMPRISONMENT
FOR NOT LONGER THAN THIRTY DAYS, OR BOTH SUCH FINE AND IMPRISONMENT;
A. 5020 8
20. TO FIX RATES AND COLLECT CHARGES FOR THE USE OF THE FACILITIES OF,
OR SERVICES RENDERED BY, OR ANY COMMODITIES FURNISHED BY THE AUTHORITY
SUCH AS TO PROVIDE REVENUES SUFFICIENT AT ALL TIMES TO PAY, AS THE SAME
SHALL BECOME DUE, THE PRINCIPAL AND INTEREST ON THE BONDS OR OTHER OBLI-
GATIONS OF THE AUTHORITY TOGETHER WITH THE MAINTENANCE OF PROPER
RESERVES THEREFOR, IN ADDITION TO PAYING AS THE SAME SHALL BECOME DUE
THE EXPENSE OF OPERATING AND MAINTAINING THE PROPERTIES OF THE AUTHORITY
TOGETHER WITH PROPER RESERVES FOR MAINTENANCE, CONTINGENCIES AND ALL
OTHER OBLIGATIONS AND INDEBTEDNESS OF THE AUTHORITY;
21. TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER AUTHORITIES, MUNI-
CIPALITIES, COUNTIES, TOWNS, VILLAGES, WATER DISTRICTS, UTILITY COMPA-
NIES, INDIVIDUALS, FIRMS OR CORPORATIONS, WITHIN OR WITHOUT THE TERRITO-
RIAL LIMITS OF THE DISTRICT, FOR THE INTERCONNECTION OF FACILITIES, THE
EXCHANGE OR INTERCHANGE OF SERVICES AND COMMODITIES, AND WITHIN THE
TERRITORIAL LIMITS OF THE DISTRICT TO ENTER INTO A CONTRACT FOR THE
CONSTRUCTION AND OPERATION AND MAINTENANCE OF A WATER OR SEWERAGE SYSTEM
BY THE AUTHORITY FOR ANY MUNICIPALITY HAVING POWER TO CONSTRUCT AND
DEVELOP A WATER OR SEWERAGE SYSTEM, UPON SUCH TERMS AND CONDITIONS AS
SHALL BE DETERMINED TO BE REASONABLE INCLUDING BUT NOT LIMITED TO THE
REIMBURSEMENT OF ALL COSTS OF SUCH CONSTRUCTION, OR FOR ANY OTHER LAWFUL
PURPOSES NECESSARY OR DESIRABLE TO EFFECT THE PURPOSES OF THIS TITLE;
22. TO PROVIDE FOR THE DISCONTINUANCE OR DISCONNECTION OF WATER OR
SEWERAGE SERVICE, OR BOTH, AS THE CASE MAY BE, FOR NON-PAYMENT OF FEES,
RATES, RENTS OR OTHER CHARGES THEREFOR IMPOSED BY THE AUTHORITY,
PROVIDED SUCH DISCONTINUANCE OR DISCONNECTION OF ANY WATER OR SEWERAGE
SERVICE, OR BOTH, AS THE CASE MAY BE, SHALL NOT BE CARRIED OUT EXCEPT IN
THE MANNER AND UPON THE NOTICE AS IS REQUIRED OF A WATERWORKS CORPO-
RATION PURSUANT TO SUBDIVISIONS THREE-A, THREE-B AND THREE-C OF SECTION
EIGHTY-NINE-B AND SECTION ONE HUNDRED SIXTEEN OF THE PUBLIC SERVICE LAW;
AND
23. TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
S 1114-E. ADVANCES ON BEHALF OF THE AUTHORITY; TRANSFER OF PROPERTY TO
AUTHORITY; ACQUISITION OF PROPERTY BY SEA GATE COMMUNITY FOR AUTHORITY.
1. IN ADDITION TO ANY POWERS GRANTED TO IT BY LAW, THE SEA GATE COMMUNI-
TY FROM TIME TO TIME MAY APPROPRIATE SUMS OF MONEY TO OR ON BEHALF OF
THE AUTHORITY TO DEFRAY PROJECT COSTS OR ANY OTHER COSTS AND EXPENSES OF
THE AUTHORITY. SUBJECT TO THE RIGHTS OF BONDHOLDERS, THE SEA GATE COMMU-
NITY MAY DETERMINE IF THE MONEYS SO APPROPRIATED SHALL BE SUBJECT TO
REPAYMENT BY THE AUTHORITY TO THE SEA GATE COMMUNITY AND, IN SUCH EVENT,
THE MANNER AND TIME OR TIMES FOR SUCH REPAYMENT.
2. THE SEA GATE COMMUNITY OR ANY OTHER MUNICIPALITY MAY GIVE, GRANT,
SELL, CONVEY, LOAN, LICENSE THE USE OF OR LEASE TO THE AUTHORITY ANY
PROPERTY OR FACILITY WHICH IS USEFUL TO THE AUTHORITY IN ORDER TO CARRY
OUT ITS POWERS UNDER THIS TITLE. ANY SUCH TRANSFER OF PROPERTY SHALL BE
UPON SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF THE HOLDERS OF
ANY BONDS, AS THE AUTHORITY AND THE SEA GATE COMMUNITY OR OTHER MUNICI-
PALITY MAY AGREE.
3. THE SEA GATE COMMUNITY MAY ACQUIRE BY PURCHASE OR BY EXERCISE OF
THE POWER OF EMINENT DOMAIN REAL PROPERTY IN THE NAME OF THE SEA GATE
COMMUNITY FOR ANY CORPORATE PURPOSE OF THE AUTHORITY.
4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL
OR LOCAL TO THE CONTRARY, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE
SEA GATE COMMUNITY FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE
OF THE AUTHORITY.
A. 5020 9
S 1114-F. GOVERNMENTAL CAPACITY OF THE AUTHORITY AND MUNICIPALITIES.
THE AUTHORITY, THE SEA GATE COMMUNITY AND THE OTHER MUNICIPALITIES, IN
CARRYING OUT THEIR RESPECTIVE POWERS AND DUTIES UNDER THIS TITLE, SHALL
BE DEEMED TO BE ACTING IN A GOVERNMENTAL CAPACITY AND IN THE PERFORMANCE
OF AN ESSENTIAL GOVERNMENTAL FUNCTION.
S 1114-G. TRANSFER OF OFFICERS AND EMPLOYEES. ANY PUBLIC OFFICER OR
EMPLOYEE IN THE PUBLIC SERVICE WHO IS SELECTED BY THE AUTHORITY MAY,
WITH THE CONSENT OF THE COMMISSION, BOARD, OR CHIEF EXECUTIVE OFFICER OF
THE MUNICIPALITY BY WHICH HE OR SHE HAS BEEN EMPLOYED, BE TRANSFERRED TO
THE AUTHORITY AND SHALL BE ELIGIBLE FOR SUCH TRANSFER AND APPOINTMENT
WITHOUT EXAMINATION TO COMPARABLE OFFICES, POSITIONS AND EMPLOYMENT
UNDER THE AUTHORITY. THE SALARY OR COMPENSATION OF ANY SUCH OFFICER OR
EMPLOYEE, AFTER SUCH TRANSFER, SHALL BE PAID BY THE AUTHORITY. ANY SUCH
OFFICERS OR EMPLOYEES SO TRANSFERRED TO THE AUTHORITY PURSUANT TO THIS
SECTION, WHO ARE MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION OR
RETIREMENT FUND OR SYSTEM, SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVI-
LEGES, OBLIGATIONS AND STATUS WITH RESPECT TO SUCH FUND OR SYSTEM AS ARE
NOW PRESCRIBED BY LAW, BUT DURING THE PERIOD OF THEIR EMPLOYMENT BY THE
AUTHORITY, ALL CONTRIBUTIONS TO SUCH FUNDS OR SYSTEMS TO BE PAID BY THE
EMPLOYER ON ACCOUNT OF SUCH OFFICERS OR EMPLOYEES SHALL BE PAID BY THE
AUTHORITY. ALL SUCH OFFICERS OR EMPLOYEES SO TRANSFERRED TO THE AUTHOR-
ITY WHO HAVE BEEN APPOINTED TO POSITIONS UNDER THE RULES AND CLASSIFICA-
TIONS OF THE CIVIL SERVICE COMMISSION SHALL HAVE THE SAME STATUS WITH
RESPECT THERETO AFTER TRANSFER TO THE AUTHORITY AS THEY HAD UNDER THEIR
ORIGINAL APPOINTMENT.
S 1114-H. BONDS OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE THE
POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS IN SUCH
PRINCIPAL AMOUNTS AS IT MAY DETERMINE TO BE NECESSARY TO PAY THE COST OF
ANY PROJECT OR FOR ANY OTHER CORPORATE PURPOSE, INCLUDING INCIDENTAL
EXPENSES IN CONNECTION THEREWITH. THE AUTHORITY SHALL HAVE POWER AND IS
HEREBY AUTHORIZED TO ENTER INTO SUCH AGREEMENTS AND PERFORM SUCH ACTS AS
MAY BE REQUIRED UNDER ANY APPLICABLE FEDERAL LEGISLATION TO SECURE A
FEDERAL GUARANTEE OF ANY BONDS. THE AUTHORITY SHALL HAVE POWER FROM TIME
TO TIME TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER THE
BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND MAY ISSUE BONDS PART-
LY TO REFUND BONDS THEN OUTSTANDING AND PARTLY FOR ANY OTHER CORPORATE
PURPOSE. BONDS ISSUED BY THE AUTHORITY MAY BE GENERAL OBLIGATIONS
SECURED BY THE FAITH AND CREDIT OF THE AUTHORITY OR MAY BE SPECIAL OBLI-
GATIONS PAYABLE SOLELY OUT OF PARTICULAR REVENUES OR OTHER MONEYS AS MAY
BE DESIGNATED IN THE PROCEEDINGS OF THE AUTHORITY UNDER WHICH THE BONDS
SHALL BE AUTHORIZED TO BE ISSUED, SUBJECT ONLY TO ANY AGREEMENTS WITH
THE HOLDERS OF OUTSTANDING BONDS PLEDGING ANY PARTICULAR REVENUES, EARN-
INGS, OR MONEYS.
2. THE AUTHORITY IS AUTHORIZED TO OBTAIN FROM ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES OF AMERICA OR THE STATE OR ANY NON-GOVERNMENTAL
INSURER OR FINANCIAL INSTITUTION ANY INSURANCE, GUARANTY OR OTHER CREDIT
SUPPORT DEVICE, TO THE EXTENT NOW OR HEREAFTER AVAILABLE, AS TO, OR FOR
THE PAYMENT OR REPAYMENT OF INTEREST OR PRINCIPAL, OR BOTH, OR ANY PART
THEREOF, ON ANY BONDS ISSUED BY THE AUTHORITY AND TO ENTER INTO ANY
AGREEMENT OR CONTRACT WITH RESPECT TO ANY SUCH INSURANCE OR GUARANTY,
EXCEPT TO THE EXTENT THAT THE SAME WOULD IN ANY WAY IMPAIR OR INTERFERE
WITH THE ABILITY OF THE AUTHORITY TO PERFORM AND FULFILL THE TERMS OF
ANY AGREEMENT MADE WITH THE HOLDERS OF OUTSTANDING BONDS OF THE AUTHORI-
TY.
3. BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHORITY, BE IN
SUCH DENOMINATIONS, BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME OR
A. 5020 10
TIMES AS SUCH RESOLUTION MAY PROVIDE, EXCEPT THAT BONDS AND ANY RENEWALS
THEREOF SHALL MATURE WITHIN FORTY YEARS FROM THE DATE OF ORIGINAL ISSU-
ANCE OF ANY SUCH BONDS. OBLIGATIONS WITH A MATURITY OF FIVE YEARS OR
LESS FROM THE DATE OF THEIR ORIGINAL ISSUANCE MAY BE DESIGNATED AS
NOTES. BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST
AT SUCH RATE OR RATES PER ANNUM PAYABLE AT SUCH TIMES, BE IN SUCH FORM,
CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYA-
BLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLACES, AND BE SUBJECT TO
SUCH TERMS AND CONDITIONS AS SUCH RESOLUTION MAY PROVIDE. BONDS MAY BE
SOLD AT PUBLIC OR PRIVATE SALE FOR SUCH PRICE OR PRICES AS THE AUTHORITY
SHALL DETERMINE, PROVIDED THAT NO BONDS OF THE AUTHORITY, OTHER THAN
OBLIGATIONS DESIGNATED AS NOTES, MAY BE SOLD BY THE AUTHORITY AT PRIVATE
SALE UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRIT-
ING BY THE COMPTROLLER, WHERE SUCH SALE IS NOT TO BE TO SUCH COMP-
TROLLER, OR BY THE STATE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO
BE TO THE COMPTROLLER. THE AUTHORITY MAY PAY ALL EXPENSES, PREMIUMS AND
COMMISSIONS WHICH IT MAY DEEM NECESSARY OR ADVANTAGEOUS IN CONNECTION
WITH THE ISSUANCE AND SALE OF BONDS.
4. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
BONDS MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF THE CONTRACT WITH
THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
(A) PLEDGING ALL OR ANY PART OF THE REVENUES OF THE AUTHORITY, TOGETH-
ER WITH ANY OTHER MONEYS OR PROPERTY OF THE AUTHORITY TO SECURE THE
PAYMENT OF THE BONDS, INCLUDING BUT NOT LIMITED TO ANY CONTRACTS, EARN-
INGS OR PROCEEDS OF ANY GRANT TO THE AUTHORITY RECEIVED FROM ANY PRIVATE
OR PUBLIC SOURCE;
(B) THE SETTING ASIDE OF RESERVES AND THE CREATION OF SINKING FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
(C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
BONDS MAY BE APPLIED;
(D) THE RATES, RENTS, FEES AND OTHER CHARGES TO BE FIXED AND COLLECTED
BY THE AUTHORITY AND THE AMOUNT TO BE RAISED IN EACH YEAR THEREBY, AND
THE USE AND DISPOSITION OF REVENUES;
(E) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
THE USE OF THE PROJECT OR PART THEREOF IN CONNECTION WITH WHICH BONDS
ARE ISSUED;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS, THE TERMS UPON
WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED AND THE REFUNDING OF
OUTSTANDING OR OTHER BONDS;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF BONDS THE HOLDERS
OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH CONSENT MAY
BE GIVEN;
(H) THE CREATION OF SPECIAL FUNDS INTO WHICH ANY REVENUES OR MONEYS
MAY BE DEPOSITED;
(I) THE TERMS AND PROVISIONS OF ANY TRUST, DEED, MORTGAGE OR INDENTURE
SECURING THE BONDS UNDER WHICH THE BONDS MAY BE ISSUED;
(J) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES, 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 SECTION ONE THOUSAND ONE HUNDRED FOURTEEN-I OF
THIS TITLE AND LIMITING OR ABROGATING THE RIGHTS OF THE BONDHOLDERS TO
APPOINT A TRUSTEE UNDER SUCH SECTION OR LIMITING THE RIGHTS, DUTIES AND
POWERS OF SUCH TRUSTEE;
(K) DEFINING THE ACTS OR OMISSIONS TO ACT WHICH MAY CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE BONDHOLD-
A. 5020 11
ERS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN THE
EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT THE APPOINTMENT OF
A RECEIVER, PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES SHALL NOT
BE INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS
OF THIS TITLE;
(L) LIMITATIONS ON THE POWER OF THE AUTHORITY TO SELL OR OTHERWISE
DISPOSE OF ANY PROJECT OR ANY PART THEREOF;
(M) LIMITATIONS ON THE AMOUNT OF REVENUES AND OTHER MONEYS TO BE
EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
TY;
(N) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES AND OTHER MONEYS TO
A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY DETERMINE;
AND
(O) ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER WHICH MAY IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS AND
REMEDIES OF BONDHOLDERS.
5. IN ADDITION TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
SECURE ITS BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH THE
ISSUANCE OF BONDS TO ENTER INTO SUCH AGREEMENTS AS THE AUTHORITY MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSI-
TION OF ITS REVENUES OR OTHER MONEYS OR PROPERTY, INCLUDING THE MORTGAG-
ING OF ANY OF ITS PROPERTIES AND THE ENTRUSTING, PLEDGING OR CREATION OF
ANY OTHER SECURITY INTEREST IN ANY SUCH REVENUES, MONEYS OR PROPERTIES
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 AGREE-
MENTS. 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 AGREEMENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS
MAY BE MADE A PART OF THE CONTRACT WITH THE HOLDERS OF BONDS OF THE
AUTHORITY.
6. ANY PROVISION OF THE UNIFORM COMMERCIAL CODE TO THE CONTRARY
NOTWITHSTANDING, ANY PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES,
MONEYS, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
PROPERTY MADE OR CREATED BY THE AUTHORITY SHALL BE VALID, BINDING AND
PERFECTED FROM THE TIME WHEN SUCH PLEDGE IS MADE OR OTHER SECURITY
INTEREST ATTACHES WITHOUT ANY PHYSICAL DELIVERY OF THE COLLATERAL OR
FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY INTEREST
SHALL BE VALID, BINDING AND PERFECTED AGAINST ALL PARTIES HAVING CLAIMS
OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY IRRE-
SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO INSTRU-
MENT BY WHICH SUCH A PLEDGE OR SECURITY INTEREST IS CREATED NOR ANY
FINANCING STATEMENT NEED BE RECORDED OR FILED.
7. WHETHER OR NOT THE BONDS ARE OF SUCH FORM AND CHARACTER AS TO BE
NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMERCIAL CODE,
THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN THE MEANING OF
AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO
THE PROVISIONS OF THE BONDS FOR REGISTRATION.
8. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING BONDS
SHALL BE LIABLE PERSONALLY THEREON OR BE SUBJECT TO ANY PERSONAL LIABIL-
ITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
9. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS THEN
MAY EXIST, SHALL HAVE POWER OUT OF ANY MONEYS AVAILABLE THEREFOR TO
PURCHASE BONDS OF THE AUTHORITY, WHICH SHALL THEREUPON BE CANCELLED.
A. 5020 12
S 1114-I. REMEDIES OF BONDHOLDERS. SUBJECT TO ANY RESOLUTION OR RESOL-
UTIONS ADOPTED PURSUANT TO PARAGRAPH (J) OF SUBDIVISION FOUR OF SECTION
ONE THOUSAND ONE HUNDRED FOURTEEN-H OF THIS TITLE:
1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF
PRINCIPAL OR OF INTEREST ON ANY ISSUE OF BONDS AFTER THE SAME SHALL
BECOME DUE, 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 BONDS, THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE PRINCI-
PAL AMOUNT OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR
INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF THE SECRETARY OF STATE
AND PROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED,
MAY APPOINT A TRUSTEE TO REPRESENT THE HOLDERS OF SUCH BONDS FOR THE
PURPOSE HEREIN PROVIDED.
2. SUCH TRUSTEE MAY AND, UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PERCENT IN PRINCIPAL AMOUNT OF SUCH BONDS OUTSTANDING, SHALL IN
HIS, HER OR ITS OWN NAME:
(A) BY ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRACTICE LAW
AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE RIGHT TO
REQUIRE THE AUTHORITY TO COLLECT RENTS, RATES AND CHARGES ADEQUATE TO
CARRY OUT ANY AGREEMENT AS TO, OR PLEDGE OF, SUCH RENTS, RATES AND
CHARGES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER AGREEMENTS
WITH THE HOLDERS OF SUCH BONDS TO PERFORM ITS DUTIES UNDER THIS TITLE;
(B) BRING AN ACTION OR PROCEEDING UPON SUCH BONDS;
(C) BY ACTION OR PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
(D) BY ACTION OR PROCEEDING, ENJOIN ANY ACTS OR THINGS WHICH MAY BE
UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
(E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD, THEN WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE
PERCENT OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, 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 HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEED-
ING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS. THE VENUE OF ANY SUCH
ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF KINGS.
5. BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE TRUS-
TEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
6. ANY SUCH TRUSTEE, WHETHER OR NOT THE ISSUE OF BONDS REPRESENTED BY
SUCH TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS OF
RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PART OR PARTS OF THE PROP-
ERTIES THE REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF THE BONDS
OF SUCH ISSUE, AND, SUBJECT TO ANY PLEDGE OR AGREEMENT WITH HOLDERS OF
SUCH BONDS, SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH PART OR
PARTS OF THE PROPERTIES AND SHALL TAKE POSSESSION OF ALL MONEYS AND
OTHER PROPERTY DERIVED FROM SUCH PART OR PARTS OF SUCH PROPERTIES AND
PROCEED WITH ANY CONSTRUCTION THEREON OR THE ACQUISITION OF ANY PROPER-
TY, REAL OR PERSONAL, IN CONNECTION THEREWITH WHICH THE AUTHORITY IS
UNDER OBLIGATION TO DO, AND TO OPERATE, MAINTAIN AND RECONSTRUCT SUCH
PART OR PARTS OF THE PROPERTIES AND COLLECT AND RECEIVE ALL REVENUES
THEREAFTER ARISING THEREFROM SUBJECT TO ANY PLEDGE THEREOF OR AGREEMENT
WITH BONDHOLDERS RELATING THERETO AND PERFORM THE PUBLIC DUTIES AND
A. 5020 13
CARRY OUT THE AGREEMENTS AND OBLIGATIONS OF THE AUTHORITY UNDER THE
DIRECTION OF THE COURT. IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUS-
TEE, THE FEES, COUNSEL FEES AND EXPENSES OF THE TRUSTEE AND OF THE
RECEIVER, IF ANY, SHALL CONSTITUTE TAXABLE DISBURSEMENTS AND ALL COSTS
AND DISBURSEMENTS ALLOWED BY THE COURT SHALL BE A FIRST CHARGE ON ANY
REVENUES DERIVED FROM THE PROPERTIES.
S 1114-J. STATE AND SEA GATE COMMUNITY NOT LIABLE ON AUTHORITY BONDS.
NEITHER THE STATE NOR THE SEA GATE COMMUNITY SHALL BE LIABLE ON THE
BONDS OF THE AUTHORITY AND SUCH BONDS SHALL NOT BE A DEBT OF THE STATE,
OR THE SEA GATE COMMUNITY, AND SUCH BONDS SHALL CONTAIN, ON THE FACE
THEREOF, A STATEMENT TO SUCH EFFECT.
S 1114-K. MONEYS OF THE AUTHORITY. ALL MONEYS OF THE AUTHORITY FROM
WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
AND SHALL BE DEPOSITED FORTHWITH IN A BANK OR BANKS IN THE STATE DESIG-
NATED BY THE GOVERNING BODY. THE MONEYS IN SUCH ACCOUNTS SHALL BE PAID
OUT ON CHECK OF THE TREASURER UPON REQUISITION BY THE GOVERNING BODY OR
OF SUCH OTHER PERSON OR PERSONS AS THE GOVERNING BODY MAY AUTHORIZE TO
MAKE SUCH REQUISITIONS. ALL DEPOSITS OF SUCH MONEYS SHALL BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OR OF THE STATE OR OF THE SEA GATE
COMMUNITY OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT ON DEPOSIT
AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY
FOR SUCH DEPOSITS. THE AUTHORITY SHALL HAVE POWER, NOTWITHSTANDING THE
PROVISIONS OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY BONDS AS
TO THE CUSTODY, COLLECTION, SECURITY, INVESTMENT AND PAYMENT OF ANY
MONEYS OF THE AUTHORITY OR ANY MONEYS HELD IN TRUST OR OTHERWISE FOR THE
PAYMENT OF BONDS OR IN ANY WAY TO SECURE BONDS, AND TO CARRY OUT ANY
SUCH CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT
WITH THE PROVISIONS OF THIS SECTION. MONEYS HELD IN TRUST OR OTHERWISE
FOR THE PAYMENT OF BONDS OR IN ANY WAY TO SECURE BONDS AND DEPOSITS OF
SUCH MONEYS MAY BE SECURED IN THE SAME MANNER AS MONEYS OF THE AUTHORITY
AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY
FOR SUCH DEPOSITS. ANY MONEYS OF THE AUTHORITY NOT REQUIRED FOR IMMEDI-
ATE USE OR DISBURSEMENT MAY, AT THE DISCRETION OF THE AUTHORITY, BE
INVESTED IN THOSE OBLIGATIONS SPECIFIED PURSUANT TO THE PROVISIONS OF
SECTION NINETY-EIGHT-A OF THE STATE FINANCE LAW. SUBJECT TO THE
PROVISIONS OF ANY CONTRACT WITH BONDHOLDERS AND WITH THE APPROVAL OF THE
COMPTROLLER, THE AUTHORITY SHALL PRESCRIBE A SYSTEM OF ACCOUNTS.
S 1114-L. BONDS LEGAL INVESTMENTS FOR FIDUCIARIES. THE BONDS OF THE
AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICIALS AND
BODIES OF THE STATE AND ALL MUNICIPALITIES, ALL INSURANCE COMPANIES AND
ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS, ALL
BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS ASSOCIATIONS,
INCLUDING SAVINGS AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS CARRYING ON A BANKING BUSINESS, AND ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES AND ALL OTHER PERSONS WHATSO-
EVER, WHO ARE NOW OR MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR
OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. THE BONDS ARE
ALSO HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND MAY BE
RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI-
PALITIES FOR ANY PURPOSES FOR WHICH THE DEPOSIT OF BONDS OR OTHER OBLI-
GATIONS OF THIS STATE IS NOW OR HEREAFTER MAY BE AUTHORIZED.
S 1114-M. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO AND
AGREE WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY PURSUANT TO
THIS TITLE THAT THE STATE WILL NOT ALTER OR LIMIT THE RIGHTS HEREBY
VESTED IN THE AUTHORITY TO PURCHASE, CONSTRUCT, MAINTAIN, OPERATE,
A. 5020 14
REPAIR, IMPROVE, INCREASE, ENLARGE, EXTEND, RECONSTRUCT, RENOVATE, REHA-
BILITATE OR DISPOSE OF ANY PROJECT, OR ANY PART OR PARTS THEREOF, FOR
WHICH BONDS OF THE AUTHORITY SHALL HAVE BEEN ISSUED, TO ESTABLISH AND
COLLECT RATES, RENTS, FEES AND OTHER CHARGES REFERRED TO IN THIS TITLE
AND TO FULFILL THE TERMS OF ANY AGREEMENT MADE WITH OR FOR THE BENEFIT
OF THE HOLDERS OF THE BONDS OR WITH ANY PUBLIC CORPORATION OR PERSON
WITH REFERENCE TO SUCH PROJECT OR PART THEREOF, OR IN ANY WAY IMPAIR THE
RIGHTS AND REMEDIES OF THE BONDHOLDERS, UNTIL THE BONDS, TOGETHER WITH
THE INTEREST THEREON, INCLUDING INTEREST ON ANY UNPAID INSTALLMENTS OF
INTEREST, AND ALL COSTS AND EXPENSES 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 BONDHOLDERS.
S 1114-N. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. 1. IT
IS HEREBY DETERMINED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING
OUT OF ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE
PEOPLE OF THE SEA GATE COMMUNITY AND THE STATE AND IS A PUBLIC PURPOSE
AND THE AUTHORITY SHALL BE REGARDED AS PERFORMING A GOVERNMENTAL FUNC-
TION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE AND
SHALL NOT BE REQUIRED TO PAY ANY TAXES, SPECIAL AD VALOREM LEVIES OR
SPECIAL ASSESSMENTS UPON ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDIC-
TION, CONTROL OR SUPERVISION OR UPON ITS ACTIVITIES, OR ANY FILING,
RECORDING OR TRANSFER FEES OR TAXES IN RELATION TO INSTRUMENTS FILED,
RECORDED OR TRANSFERRED BY IT OR ON ITS BEHALF. THE CONSTRUCTION, USE,
OCCUPATION OR POSSESSION OF ANY PROPERTY OWNED BY THE AUTHORITY OR THE
SEA GATE COMMUNITY, INCLUDING IMPROVEMENTS THEREON, BY ANY PERSON OR
PUBLIC CORPORATION UNDER A LEASE, LEASE AND SUBLEASE OR ANY OTHER AGREE-
MENT SHALL NOT OPERATE TO ABROGATE OR LIMIT THE FOREGOING EXEMPTION,
NOTWITHSTANDING THAT THE LESSEE, USER, OCCUPANT OR PERSON IN POSSESSION
SHALL CLAIM OWNERSHIP FOR FEDERAL INCOME TAX PURPOSES.
2. ANY BONDS ISSUED PURSUANT TO THIS TITLE TOGETHER WITH THE INCOME
THEREFROM SHALL BE EXEMPT FROM TAXATION EXCEPT FOR TRANSFER AND ESTATE
TAXES. THE REVENUES, MONEYS AND OTHER PROPERTIES AND ACTIVITIES OF THE
AUTHORITY SHALL BE EXEMPT FROM TAXES AND GOVERNMENTAL FEES OR CHARGES,
WHETHER IMPOSED BY THE STATE OR ANY MUNICIPALITY, INCLUDING REAL ESTATE
TAXES, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE TAXES.
3. THE STATE HEREBY COVENANTS WITH THE PURCHASER AND WITH ALL SUBSE-
QUENT HOLDERS AND TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT
TO THIS TITLE, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE
BONDS, THAT THE BONDS OF THE AUTHORITY ISSUED PURSUANT TO THIS TITLE AND
THE INCOME THEREFROM SHALL BE EXEMPT FROM TAXATION, AS AFORESTATED IN
SUBDIVISION TWO OF THIS SECTION, AND THAT ALL REVENUES, MONEYS, AND
OTHER PROPERTY PLEDGED TO SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL
TIMES BE FREE FROM SUCH TAXATION AS AFORESTATED IN SUCH SUBDIVISION.
S 1114-O. ACTIONS AGAINST AUTHORITY. 1. EXCEPT IN AN ACTION FOR WRONG-
FUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE PROSECUTED OR MAIN-
TAINED AGAINST THE AUTHORITY FOR PERSONAL INJURY OR DAMAGE TO REAL OR
PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED BY REASON OF THE NEGLI-
GENCE OR WRONGFUL ACT OF THE AUTHORITY OR OF ANY MEMBER, OFFICER, AGENT
OR EMPLOYEE THEREOF, UNLESS (A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE
AND SERVED UPON THE AUTHORITY WITHIN THE TIME LIMIT PRESCRIBED BY AND IN
COMPLIANCE WITH SECTION FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT
SHALL APPEAR BY AND AS AN ALLEGATION IN THE COMPLAINT OR MOVING PAPERS
THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE
AND THAT ADJUSTMENT OR PAYMENT THEREOF HAS BEEN NEGLECTED OR REFUSED,
AND (C) THE ACTION OR SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE
A. 5020 15
YEAR AND NINETY DAYS AFTER THE HAPPENING OF THE EVENT UPON WHICH THE
CLAIM IS BASED. 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.
2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
AL MUNICIPAL LAW.
3. 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, 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.
4. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT ON ITS BONDS, SHALL BE THE
RATE PRESCRIBED BY SECTION THREE-A OF THE GENERAL MUNICIPAL LAW. INTER-
EST ON PAYMENTS OF PRINCIPAL OR INTEREST ON ANY BONDS IN DEFAULT SHALL
ACCRUE AT THE RATE OR RATES SET FORTH IN SUCH BONDS FROM THE DUE DATE
THEREOF UNTIL PAID OR OTHERWISE SATISFIED.
S 1114-P. CONTRACTS. 1. ALL CONTRACTS OR ORDERS FOR WORK, MATERIAL OR
SUPPLIES PERFORMED OR FURNISHED IN CONNECTION WITH CONSTRUCTION SHALL BE
AWARDED BY THE AUTHORITY PURSUANT TO RESOLUTION OF THE GOVERNING BODY
EXCEPT AS HEREINAFTER PROVIDED. SUCH AWARDS, WHEN APPLICABLE, SHALL BE
MADE IN COMPLIANCE WITH PARAGRAPH (E) OF SUBDIVISION FOUR AND SUBDIVI-
SION SEVEN OF SECTION ONE HUNDRED TWENTY-W OF THE GENERAL MUNICIPAL LAW.
IN ANY CONSTRUCTION CONTRACT, THE AUTHORITY MAY PROVIDE A PROGRAM FOR
THE PAYMENT OF DAMAGES FOR DELAYS AND INCENTIVE AWARDS IN ORDER TO
ENCOURAGE TIMELY PROJECT COMPLETION. AN ACTION, SUIT OR PROCEEDING
CONTESTING THE VALIDITY OF A CONTRACT AWARDED PURSUANT TO THIS SECTION,
OR THE VALIDITY OF THE PROCEDURES RELATING TO SUCH AWARD, SHALL BE
GOVERNED BY THE PROVISIONS OF SUBDIVISION SIX OF SECTION ONE HUNDRED
TWENTY-W OF THE GENERAL MUNICIPAL LAW AND THE TERM "MUNICIPALITY" AS
USED IN SUCH SUBDIVISION SIX SHALL MEAN THE AUTHORITY.
2. THE BIDDER WHOSE BID IS ACCEPTED SHALL GIVE SECURITY FOR THE FAITH-
FUL PERFORMANCE OF THE CONTRACT, AND SUCH OTHER SECURITY AS THE AUTHORI-
TY MAY REQUIRE, AND MAY BE REQUIRED TO MAINTAIN ANY CONSTRUCTION DONE
UNDER THE CONTRACT FOR SUCH PERIOD AS SHALL BE STIPULATED, ALL IN THE
MANNER PRESCRIBED AND REQUIRED BY THE AUTHORITY, AND THE SUFFICIENCY OF
SUCH SECURITY SHALL, IN ADDITION TO THE JUSTIFICATION AND ACKNOWLEDGE-
MENT, BE APPROVED BY THE AUTHORITY. ALL BIDS OR PROPOSALS SHALL BE
PUBLICLY OPENED BY THE GOVERNING BODY OR ITS DULY AUTHORIZED AGENT. IF
THE BIDDER WHOSE BID OR PROPOSAL HAS BEEN ACCEPTED AFTER ADVERTISING
SHALL NEGLECT OR REFUSE TO ACCEPT THE CONTRACT WITHIN FIVE DAYS AFTER
WRITTEN NOTICE THAT THE CONTRACT HAS BEEN AWARDED TO HIM ON HIS BID OR
PROPOSAL, OR IF HE ACCEPTS BUT DOES NOT EXECUTE THE CONTRACT AND GIVE
PROPER SECURITY, THE AUTHORITY SHALL HAVE THE RIGHT TO DECLARE HIS
DEPOSIT FORFEITED. IN CASE ANY WORK SHALL BE ABANDONED BY ANY CONTRAC-
TOR, THE AUTHORITY MAY, IF IT DETERMINES THAT THE PUBLIC INTEREST IS
THEREBY SERVED, ADOPT ON BEHALF OF THE AUTHORITY ANY OR ALL SUBCONTRACTS
MADE BY SUCH CONTRACTOR FOR SUCH WORK AND ALL SUCH SUBCONTRACTORS SHALL
BE BOUND BY SUCH ADOPTION IF MADE. NO BID OR PROPOSAL SHALL BE ACCEPTED
FROM, OR ANY CONTRACT AWARDED TO, ANY PERSON OR CORPORATION WHO IS IN
ARREARS TO THE AUTHORITY OR THE SEA GATE COMMUNITY UPON ANY OBLIGATION
A. 5020 16
OF THE AUTHORITY OR OF THE SEA GATE COMMUNITY. EVERY CONTRACT INVOLVING
AN EXPENDITURE OF MORE THAN FIVE THOUSAND DOLLARS WHEN MADE AND ENTERED
INTO AS HEREIN PROVIDED FOR SHALL BE EXECUTED IN DUPLICATE, ONE COPY OF
WHICH SHALL BE HELD BY THE AUTHORITY AND ONE COPY OF WHICH SHALL BE
DELIVERED TO THE CONTRACTOR. THE AUTHORITY MAY ADOPT, UTILIZE, RATIFY
AND CONFIRM ANY REQUEST FOR PROPOSALS, INVITATION FOR SEALED BIDS,
PLANS, SPECIFICATIONS AND NOTICES HERETOFORE OR HEREAFTER PUBLISHED BY
THE SEA GATE COMMUNITY WITH RESPECT TO ANY PROPOSED PROJECT, AND THE
AUTHORITY MAY ADOPT, UTILIZE, ACCEPT AND CONFIRM ANY BIDS OR PROPOSALS
SUBMITTED TO THE SEA GATE COMMUNITY AND HERETOFORE OR HEREAFTER RECEIVED
AND PUBLICLY OPENED BY THE SEA GATE COMMUNITY. THE PROVISIONS OF THIS
SECTION SHALL SUPERSEDE ANY INCONSISTENT PROVISIONS OF THE GENERAL
MUNICIPAL LAW, ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, OR THE CHARTER
OF THE SEA GATE COMMUNITY.
S 1114-Q. INTEREST IN CONTRACTS PROHIBITED. IT SHALL BE A MISDEMEANOR
FOR ANY MEMBER OF THE GOVERNING BODY OR ANY OFFICER, AGENT, SERVANT OR
EMPLOYEE OF THE AUTHORITY TO BE IN ANY WAY OR MANNER INTERESTED, DIRECT-
LY OR INDIRECTLY, IN THE FURNISHING OF WORK, MATERIALS, SUPPLIES OR
LABOR, OR IN ANY CONTRACT THEREFOR WHICH THE AUTHORITY IS EMPOWERED BY
THIS TITLE TO MAKE.
S 1114-R. AUDIT AND ANNUAL REPORT. IN CONFORMITY WITH THE PROVISIONS
OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE
AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER. THE
AUTHORITY SHALL ANNUALLY SUBMIT TO THE GOVERNOR AND COMPTROLLER AND TO
THE STATE LEGISLATURE A DETAILED REPORT PURSUANT TO THE PROVISIONS OF
SECTION TWO THOUSAND EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH
REPORT SHALL BE FILED WITH THE CHIEF EXECUTIVE OFFICER. THE AUTHORITY
SHALL COMPLY WITH THE PROVISIONS OF SECTIONS TWO THOUSAND EIGHT HUNDRED
ONE, TWO THOUSAND EIGHT HUNDRED TWO, AND TWO THOUSAND EIGHT HUNDRED
THREE OF THIS CHAPTER.
S 1114-S. LIMITED LIABILITY. NEITHER THE MEMBERS OF THE GOVERNING
BODY, NOR ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING IN ITS BEHALF,
WHILE ACTING WITHIN THE SCOPE OF THEIR AUTHORITY, SHALL BE SUBJECT TO
ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAINTENANCE OR
OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY OR FROM CARRYING OUT
ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED, HOWEVER, THAT
THIS SECTION SHALL NOT BE HELD TO APPLY TO ANY INDEPENDENT CONTRACTOR.
S 1114-T. ENVIRONMENTAL APPLICATIONS, PROCEEDINGS, APPROVALS AND
PERMITS. 1. ANY APPLICATION IN RELATION TO THE PURPOSES OF OR CONTEM-
PLATED BY THIS TITLE HERETOFORE FILED, OR ANY PROCEEDING HERETOFORE
COMMENCED, BY THE SEA GATE COMMUNITY WITH THE STATE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, THE DEPARTMENT OF TRANSPORTATION OR ANY OTHER
STATE AGENCY OR INSTRUMENTALITY OR WITH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OR ANY OTHER FEDERAL AGENCY OR INSTRUMENTALITY SHALL
INURE TO AND FOR THE BENEFIT OF THE AUTHORITY TO THE SAME EXTENT AND IN
THE SAME MANNER AS IF THE AUTHORITY HAD BEEN A PARTY TO SUCH APPLICATION
OR PROCEEDING FROM ITS INCEPTION, AND THE AUTHORITY SHALL BE DEEMED A
PARTY THERETO, TO THE EXTENT NOT PROHIBITED BY ANY FEDERAL LAW. ANY
LICENSE, APPROVAL, PERMIT OR DECISION HERETOFORE OR HEREAFTER ISSUED OR
GRANTED PURSUANT TO OR AS A RESULT OF ANY SUCH APPLICATION OR PROCEEDING
SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE AUTHORITY AND
SHALL BE ASSIGNED AND TRANSFERRED BY THE SEA GATE COMMUNITY TO THE
AUTHORITY, UNLESS SUCH ASSIGNMENT AND TRANSFER IS PROHIBITED BY FEDERAL
LAW.
2. ALL SUCH APPLICATIONS, PROCEEDINGS, LICENSES, APPROVALS, PERMITS
AND DECISIONS SHALL FURTHER INURE TO AND FOR THE BENEFIT OF AND BE BIND-
A. 5020 17
ING UPON ANY PERSON LEASING, ACQUIRING, CONSTRUCTING, MAINTAINING, USING
OR OCCUPYING ANY FACILITY FINANCED IN WHOLE OR IN PART BY THE AUTHORITY.
S 1114-U. SEA GATE COMMUNITY MAY LEVY TAX WITHIN DISTRICT. SHOULD IT
APPEAR TO THE BOARD OF DIRECTORS OF THE SEA GATE COMMUNITY AT ANY TIME
THAT THE REVENUE OF THE AUTHORITY IS OR WILL BE INSUFFICIENT TO PROVIDE
FOR THE PAYMENT OF ANY BONDS ISSUED UNDER THIS TITLE AND TO REIMBURSE
THE SEA GATE COMMUNITY FOR ANY MONEYS THAT IT MAY HAVE ADVANCED TO THE
AUTHORITY, THE BOARD OF DIRECTORS OF THE SEA GATE COMMUNITY SHALL DETER-
MINE THE AMOUNT OF MONEY OF NECESSARY TO BE RAISED FOR SUCH PURPOSE, AND
SHALL LEVY A TAX ON THE TERRITORY OF THE DISTRICT LOCATED WITHIN THE SEA
GATE COMMUNITY AND UPON THE SEVERAL PARCELS OF REAL ESTATE IN THE
DISTRICT LOCATED WITHIN THE SEA GATE COMMUNITY IN AN AMOUNT SUFFICIENT
TO PRODUCE THE AMOUNT NECESSARY TO BE RAISED AS AFORESAID; PROVIDED THAT
SUCH TAX SHALL NOT BE LEVIED TO PAY ANY BONDS OF THE AUTHORITY UNLESS
THE AUTHORITY WITH THE CONSENT OF THE BOARD OF DIRECTORS OF THE SEA GATE
COMMUNITY HAS PLEDGED SUCH TAX PRIOR TO THE ISSUANCE OF SUCH BONDS. SUCH
TAX SHALL BE LEVIED AND APPORTIONED UPON SUCH TERRITORY LOCATED WITHIN
THE SEA GATE COMMUNITY AND COLLECTED FROM THE SEVERAL PARCELS OF REAL
ESTATE IN THE DISTRICT LOCATED WITHIN THE SEA GATE COMMUNITY IN LIKE
MANNER AS OTHER SEA GATE COMMUNITY TAXES. IT IS HEREBY DETERMINED THAT
THE LIABILITY IMPOSED UPON THE TERRITORY INCLUDED IN THE DISTRICT
LOCATED WITHIN THE SEA GATE COMMUNITY IS BASED UPON THE SPECIAL BENEFIT
TO SUCH TERRITORY ACCRUING UNDER THIS TITLE AND THAT THE TAX TO BE
LEVIED BECAUSE OF SUCH LIABILITY AND IN PROPORTION TO THE TAXABLE VALUE
OF REAL ESTATE IN SUCH TERRITORY WILL BE IN PROPORTION TO SUCH BENEFITS.
S 1114-V. AUTHORITY AND WATER BOARD TO TAKE AFFIRMATIVE ACTION. 1.
EACH CONTRACTING AGENCY WHICH AWARDS CONTRACTS FOR DESIGN, CONSTRUCTION,
SERVICES OR MATERIALS FOR WATER PROJECTS AUTHORIZED BY THIS TITLE SHALL
REQUIRE THAT SUCH CONTRACTS AND DOCUMENTS SOLICITING BIDS OR PROPOSALS
THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO THE FOLLOWING PROVISIONS:
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
CANTS FOR EMPLOYMENT BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
PROGRAMS OF AFFIRMATIVE ACTION TO INSURE THAT MINORITY GROUP PERSONS AND
WOMEN ARE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION.
SUCH ACTION SHALL BE TAKEN WITH REFERENCE, BUT NOT BE LIMITED TO
RECRUITMENT, EMPLOYMENT, JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION,
TRANSFER, LAYOFF, TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPEN-
SATION, AND SELECTIONS FOR TRAINING OR RETRAINING, INCLUDING APPRENTICE-
SHIP AND ON-THE-JOB TRAINING.
(B) AT THE REQUEST OF THE CONTRACTING AGENCY, THE CONTRACTOR SHALL
REQUEST EACH EMPLOYMENT AGENCY, LABOR UNION, OR AUTHORIZED REPRESEN-
TATIVE OF WORKERS WITH WHICH HE HAS A COLLECTIVE BARGAINING OR OTHER
AGREEMENT OR UNDERSTANDING, TO FURNISH A WRITTEN STATEMENT THAT SUCH
EMPLOYMENT AGENCY, LABOR UNION OR REPRESENTATIVE SHALL NOT DISCRIMINATE
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR
MARITAL STATUS AND THAT SUCH UNION OR REPRESENTATIVE WILL COOPERATE IN
THE IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS HEREUNDER.
(C) THE CONTRACTOR WILL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, IN PERFORMANCE
OF THE CONTRACT THAT ALL QUALIFIED APPLICANTS WILL BE AFFORDED EQUAL
EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION BECAUSE OF RACE, CREED,
COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL STATUS.
(D) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (A), (B)
AND (C) OF THIS SUBDIVISION IN EVERY SUBCONTRACT OR PURCHASE ORDER IN
A. 5020 18
SUCH A MANNER THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRAC-
TOR OR VENDOR AS TO ITS WORKING CONNECTION WITH A CONTRACT.
2. EACH CONTRACTING AGENCY SHALL ESTABLISH PROCEDURES AND GUIDELINES
TO ENSURE THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE PROGRAMS OF
AFFIRMATIVE ACTION AS REQUIRED BY THIS SECTION. SUCH PROCEDURES MAY
REQUIRE, AFTER NOTICE IN A BID SOLICITATION, THE SUBMISSION OF AN AFFIR-
MATIVE ACTION PROGRAM PRIOR TO THE AWARD OF ANY CONTRACT, OR AT ANY TIME
THEREAFTER, AND MAY REQUIRE THE SUBMISSION OF COMPLIANCE REPORTS RELAT-
ING TO THE OPERATION AND IMPLEMENTATION OF ANY AFFIRMATIVE ACTION
PROGRAM ADOPTED HEREUNDER. SUCH PROCEDURES AND GUIDELINES SHALL BE
CONSISTENT WITH THE GUIDELINES PROMULGATED BY THE OFFICE OF FEDERAL
CONTRACT COMPLIANCE PROGRAMS OF THE UNITED STATES DEPARTMENT OF LABOR
PURSUANT TO PRESIDENTIAL EXECUTIVE ORDER ELEVEN THOUSAND TWO HUNDRED
FORTY-SIX, AS AMENDED, AND ANY STATE STATUTORY OR REGULATORY REQUIRE-
MENTS. A CONTRACTING AGENCY SHALL, IN THE PROMULGATION OF PROCEDURES AND
GUIDELINES PURSUANT TO THIS SECTION, COOPERATE WITH ANY FEDERAL, STATE
OR LOCAL AGENCY ESTABLISHED FOR THE PURPOSE OF IMPLEMENTING AFFIRMATIVE
ACTION COMPLIANCE PROGRAMS.
3. ANY CONTRACTING AGENCY EMPOWERED TO AWARD CONTRACTS FOR DESIGN,
CONSTRUCTION, SERVICES OR MATERIALS SHALL SEEK MEANINGFUL PARTICIPATION
IN THE PERFORMANCE OF CONTRACTS BY MINORITY BUSINESS ENTERPRISES AND
SHALL ESTABLISH MEASURES AND PROCEDURES TO IDENTIFY THOSE CONTRACTS AND
ITEMS OF WORK FOR WHICH MINORITY BUSINESS ENTERPRISES MAY BEST BID TO
ACTIVELY AND AFFIRMATIVELY PROMOTE AND ASSIST THEIR PARTICIPATION SO AS
TO FACILITATE THE AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTER-
PRISES. FOR PURPOSES HEREOF, "MINORITY BUSINESS ENTERPRISE" SHALL MEAN
ANY BUSINESS ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,
OR IN THE CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER
CENTUM OF THE STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESIDENT
ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERICAN INDIAN OR WOMEN, AND
SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL AND CONTINUING. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT THE ABIL-
ITY OF ANY MINORITY BUSINESS ENTERPRISE TO BID ON ANY CONTRACT.
4. IN THE IMPLEMENTATION OF SUBDIVISIONS TWO AND THREE OF THIS
SECTION, THE CONTRACTING AGENCY SHALL CONSIDER COMPLIANCE BY ANY
CONTRACTOR WITH THE REQUIREMENTS OF ANY FEDERAL, STATE OR LOCAL LAW
CONCERNING MINORITY BUSINESS ENTERPRISES OR EQUAL EMPLOYMENT OPPORTU-
NITY, WHICH MAY EFFECTUATE THE REQUIREMENTS OF THIS SECTION. IF THE
CONTRACTING AGENCY DETERMINES THAT BY VIRTUE OF THE IMPOSITION OF THE
REQUIREMENTS OF ANY SUCH LAW, IN RESPECT TO CONTRACTS AFFECTED BY THIS
SECTION, THAT THE PROVISIONS THEREOF DUPLICATE OR CONFLICT WITH SUCH
LAW, THE CONTRACTING AGENCY SHALL WAIVE THE APPLICABILITY OF THIS
SECTION TO THE EXTENT OF SUCH DUPLICATION OR CONFLICT.
5. IN ORDER TO IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
SECTION, CONTRACTING AGENCIES SHALL BE RESPONSIBLE FOR MONITORING THE
CONTRACTORS' COMPLIANCE WITH THE PROVISIONS HEREOF, FOR ADVISING
CONTRACTORS ON THE AVAILABILITY OF COMPETING QUALIFIED MINORITY BUSINESS
ENTERPRISES TO PERFORM CONTRACTS PROPOSED TO BE AWARDED AND FOR MAKING
RECOMMENDATIONS TO CONTRACTORS TO IMPROVE THE ACCESS OF MINORITY BUSI-
NESS ENTERPRISES TO SUCH CONTRACTS.
S 1114-W. SEPARABILITY. IF ANY SECTION, CLAUSE OR PROVISION IN THIS
TITLE SHALL BE HELD BY A COMPETENT COURT TO BE UNCONSTITUTIONAL OR INEF-
FECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT IS NOT UNCONSTITU-
TIONAL OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE, AND NO OTHER
SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE DEEMED INVALID
OR INEFFECTIVE.
A. 5020 19
S 1114-X. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
GENERAL OR SPECIAL, OR OF ANY CHARTER, LOCAL LAW, ORDINANCE OR RESOL-
UTION OF THE SEA GATE COMMUNITY, OR OTHER MUNICIPALITY, THE PROVISIONS
OF THIS TITLE SHALL BE CONTROLLING. NOTHING CONTAINED IN THIS SECTION
SHALL BE HELD TO SUPPLEMENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF
THE AUTHORITY OTHERWISE SET FORTH IN THIS TITLE.
S 2. Creation of Sea Gate police department. Notwithstanding the
provisions of any law, general or special, the board of directors of the
Sea Gate community in the city of New York, upon the adoption of propo-
sitions therefor, may determine to create a police department for such
community to be known as the Sea Gate police department. Such police
department shall have a chief of police, to be appointed by such board
of directors.
S 3. Transfer of functions, powers and duties. All functions, powers,
duties and obligations of the former Sea Gate police department are
hereby transferred to Sea Gate police department created pursuant to
section two of this act.
S 4. Transfer of employees. Upon transfer of the functions of the
former Sea Gate police department to the Sea Gate police department
created pursuant to section two of this act, provisions shall be made
for the transfer to such police department of those employees of such
former police department who were engaged in carrying out the functions
transferred by this act.
S 5. Transfer of records. All books, papers and property of the former
Sea Gate police department are to be delivered to the police department
created pursuant to section two of this act at such place and time, and
in such manner as such police department shall require.
S 6. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations of the former Sea Gate police
department transferred to and assumed by the police department created
pursuant to section two of this act, such police department shall
continue the operation thereof as if performed by such former depart-
ment.
S 7. Completion of unfinished business. Any business or other matter
undertaken or commenced by the former Sea Gate police department
pertaining to or connected with the functions, powers, duties and obli-
gations transferred and assigned to the police department created pursu-
ant to section two of this act and pending on the effective date of this
act shall be conducted and completed by the police department created by
section two of this act in the same manner and under the same terms and
conditions and with the same effect as if conducted and completed by
such former police department.
S 8. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations and decisions of the former Sea Gate police
department in force at the time of such transfer and assumption, shall
continue in force and effect as rules, regulations, acts, orders, deter-
minations and decisions of the police department created pursuant to
section two of this act until duly modified or abrogated.
S 9. Terms occurring in laws, contracts and other documents. Whenever
the former Sea Gate police department is referred to or designated in
any law, contract or document pertaining to the functions, powers, obli-
gations and duties transferred and assigned pursuant to this act, such
reference or designation shall be deemed to refer to the police depart-
ment created pursuant to section two of this act.
A. 5020 20
S 10. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
any transfer or assignment pursuant to this act.
S 11. Pending actions or proceedings. No action or proceeding pending
upon the effective date of this act relating to the functions, powers
and duties of the former Sea Gate police department transferred to the
police department created pursuant to section two of this act, brought
by or against such former police department, shall be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the police department created pursuant to section two of this
act. In all such actions and proceedings, the police department created
by section two of this act, upon application to the court, shall be
substituted as a party.
S 12. Transfer of appropriations heretofore made. Subject to the
approval of the director of the division of the budget, all appropri-
ations and reappropriations heretofore made to the former Sea Gate
police department for the purposes and functions transferred pursuant to
this act to the police department created pursuant to section two of
this act, to the extent of remaining unexpended or unencumbered balance
thereof, whether allocated or unallocated, and whether obligated or
unobligated, are hereby transferred to and made available for use and
expenditure by the police department created pursuant to section two of
this act for the same purposes for which originally appropriated or
reappropriated and shall be payable on vouchers certified or approved by
the executive director on audit and warrant of the comptroller. Payments
for liabilities for expenses of personal services, maintenance and oper-
ation heretofore incurred by and for liabilities incurred and to be
incurred in completing the affairs of the former Sea Gate police depart-
ment with respect to the powers, duties and functions transferred in
this act, shall also be made on vouchers or certificates approved by the
executive director on audit and warrant of the comptroller.
S 13. Transfer of assets and liabilities. All assets and liabilities
of the former Sea Gate police department are hereby transferred to and
assumed by the police department created by section two of this act.
S 14. The police department created by section two of this act is
hereby directed to immediately take any and all actions necessary to
enable it to assume all powers, duties and functions of the former Sea
Gate police department within 90 days of the effective date of this act.
S 15. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 16. This act shall take effect immediately.