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General powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-A
§ 1299-e. General powers of the authority. Except as otherwise limited
by this title, the authority shall have power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To borrow money and issue negotiable notes, bonds or other
obligations and to provide for the rights of the holders thereof;

4. 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 guaranteed by the
state or the United States government; or in certificates of deposit of
banks or trust companies; or in bank or trust accounts of 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

5. 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;

6. To enter into contracts and leases and to execute all instruments
necessary or convenient;

7. To acquire, hold and dispose of real or personal property in the
exercise of its powers;

8. To appoint such officers and employees as it 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 or technical services and
advice; such counsel, auditors, engineers, and private consultants,
officers and employees may not be a member of the authority;

9. (a) Notwithstanding section one hundred thirteen of the retirement
and social security law or any other general or special law, the
authority 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;

(b) The authority and any of its public benefit subsidiary
corporations may be a "participating employer" in the New York state
employees' 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 pursuant to section thirty-one of the retirement and
social security law. In taking any action pursuant to this paragraph
(b), the authority and any of its public benefit subsidiary corporations
shall consider the coverages and benefits continued or provided pursuant
to paragraph (a) of this subdivision;

10. To make plans, surveys, and studies necessary, convenient or
desirable to the effectuation of the purposes and powers of the
authority and to prepare recommendations in regard thereto;

11. 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
damage done;

12. 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
process of subpoena, to issue out of any court of general original
jurisdiction whose process can reach such person, upon due cause shown;

12-a. By a certificate filed in its office, from time to time to
delegate to any member, officer or employee of the authority the power
to conduct any investigation or hold any hearing which the authority is
authorized or required to conduct or to hold by any provision of this
title; and the person so designated shall have all of the powers of the
authority in the conduct of such investigation or the holding of such

13. To appoint or designate one or more persons for the purpose of
enforcing rules and regulations established by the authority, and to
compel the observance of law and order on the properties, facilities and
improvements of the authority for the protection and administration of
such property, facilities and improvements, and the traveling public
using such facilities. Each person as and when so appointed or
designated shall be known as (a) a "Niagara frontier transportation
authority security officer or patrolman" and shall be a peace officer as
set forth in subdivision forty-five of section 2.10 of the criminal
procedure law, or a police officer within the purview of subdivision
thirty-four of section 1.20 of the criminal procedure law or (b) a
"ticket inspector" and shall not be a peace officer or a police officer
but, when so designated or appointed, shall be authorized to issue and
serve appearance tickets pursuant to section 150.20 of the criminal
procedure law with respect to violations of rules and regulations so

13-a. To make application to the Foreign-Trade Zones Board established
by the act of congress, approved June eighteenth, nineteen hundred
thirty-four, entitled "An act to provide for the establishment,
operation and maintenance of foreign trade zones in ports of entry of
the United States, to expedite and encourage foreign commerce, and for
other purposes", for a grant to such authority of the privilege of
establishing, operating and maintaining a foreign-trade zone on premises
located within the transportation district of the authority, pursuant to
the provisions of such act, and if such application be granted, to
accept such grant and to establish, operate and maintain such zone in
accordance with state and federal law; and to enter into contracts or
leases covering all arrangements involving the establishment, operation
and maintenance of such zones with and within the counties of Erie and
Niagara which counties are hereby authorized to enter into contracts and
leases with the authority subject to such rules and regulations as
promulgated by federal authority.

14. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.