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This entry was published on 2014-09-22
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SECTION 1299-H
Co-operation and assistance of other agencies
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-A
§ 1299-h. Co-operation and assistance of other agencies. --1. To avoid
duplication of effort and in the interests of economy, the authority may
make use of existing studies, surveys, plans, data and other materials
in the possession of any state agency or any municipality or political
subdivision of the state. Each such agency, municipality or subdivision
is hereby authorized to make the same available to the authority and
otherwise to assist it in the performance of its functions. At the
request of the authority, each such agency, municipality or subdivision
which is engaged in highway or other transportation activities 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
transportation 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
government 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.

2. Notwithstanding any contrary provision of law, every municipality
in this transportation district is authorized and empowered to consent
to the use by the authority of any real or personal property owned by
any such municipality and necessary, convenient or desirable in the
opinion of the authority for any of the facilities or projects
authorized under this title, including such real property as has already
been devoted to a public use, and as an incident to such consent, to
lease or otherwise transfer and convey to the authority any such real or
personal property upon such terms as may be determined by the authority
and any such municipality. Every such municipality is also authorized
and empowered, as an incident to such consent, to vest in the authority
the control, possession, operation, maintenance, rents, charges and any
and all other revenues of any facilities now owned by any such
municipality, the title to such facilities remaining in such
municipality.

3. Notwithstanding any contrary provision of law, every municipality
in the transportation district may, by ordinance, local law, or
resolution of its governing body, make covenants with the authority
which shall inure to the benefit of the holders of any bonds or notes
issued by the authority under this title and which shall be a part of
the contract with the holders of such bonds or notes, as to

(a). The authorizing of the construction of any facilities which will
be competitive with any facilities owned or operated by the authority or
within a reasonable sphere of operation or extension of such facilities
by the authority;

(b). Discontinuing of any facilities owned or operated by the
municipality or any department or agency thereof;

(c). Limitations on the licensing of private facilities within the
territorial limits of the municipality which may compete with the
facilities owned or operated by the authority or within a reasonable
sphere of operation or extension by the authority; and

(d). Transferring to the authority any powers or functions of the
municipality or any department or agency thereof, or the control of any
property thereof.

4. The commissioner of general services shall have power, in his
discretion, from time to time to transfer and convey to the authority,
or to a subsidiary corporation of the authority, and for such
consideration as may be determined by him to be paid to the state,
unappropriated state lands and lands under water which the authority
shall certify to be necessary or desirable for the corporate purposes of
the authority.