Bill Text: NY A05546 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the Corinth and Warren railroad authority to improve and operate a 56 mile section of railroad in the counties of Saratoga and Warren; provides for such authority's powers and duties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A05546 Detail]
Download: New_York-2013-A05546-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5546
2013-2014 Regular Sessions
I N A S S E M B L Y
February 28, 2013
___________
Introduced by M. of A. STEC -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the transportation law,
in relation to establishing the Corinth and Warren railroad authority
and establishing the powers and duties of the town of Corinth, the
county of Warren and other municipalities located along the railroad
line
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 8 of the public authorities law is amended by
2 adding a new title 28-D to read as follows:
3 TITLE 28-D
4 CORINTH AND WARREN RAILROAD
5 AUTHORITY
6 SECTION 2681. SHORT TITLE.
7 2681-A. DEFINITIONS.
8 2681-B. CORINTH AND WARREN RAILROAD AUTHORITY.
9 2681-C. PURPOSES OF THE AUTHORITY.
10 2681-D. GENERAL POWERS OF THE AUTHORITY.
11 2681-E. SPECIAL POWERS OF THE AUTHORITY.
12 2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
13 2681-G. EXEMPTION FROM TAXATION.
14 2681-H. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
15 AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY.
16 2681-I. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
17 RIGHTS OF EMPLOYEES; CIVIL SERVICE.
18 2681-J. EQUAL EMPLOYMENT OPPORTUNITY.
19 2681-K. MONIES OF THE AUTHORITY.
20 2681-L. CONTRACTS.
21 2681-M. ANNUAL REPORT AND AUDIT.
22 2681-N. DEFENSE AND INDEMNIFICATION.
23 2681-O. ACTION BY OR AGAINST THE AUTHORITY.
24 2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERA-
25 TION AND MAINTENANCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09348-01-3
A. 5546 2
1 2681-Q. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR
2 OBLIGATIONS OF THE AUTHORITY.
3 2681-R. EFFECT OF INCONSISTENT PROVISIONS.
4 S 2681. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
5 "CORINTH AND WARREN RAILROAD AUTHORITY ACT".
6 S 2681-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
7 DIFFERENT MEANING APPEARS FROM THE CONTEXT:
8 1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION
9 TWENTY-SIX HUNDRED EIGHTY-ONE-B OF THIS TITLE.
10 2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD FACILI-
11 TIES AND OPERATIONS PURSUANT TO JOINT SERVICE ARRANGEMENTS.
12 3. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
13 4. "CORINTH AND WARREN RAILROAD LINE" SHALL MEAN THE RAILROAD LINE
14 GENERALLY DESCRIBED AS LOCATED BETWEEN MILE POST 94.96 IN NORTH CREEK IN
15 THE TOWN OF JOHNSBURG AND COUNTY OF WARREN AND RUNNING APPROXIMATELY
16 FIFTY-SIX MILES TO MILE POST 39.44 IN THE CITY OF SARATOGA SPRINGS IN
17 THE COUNTY OF SARATOGA.
18 5. "COUNTY" SHALL MEAN THE COUNTY OF WARREN.
19 6. "EQUIPMENT" SHALL MEAN ROLLING STOCK, VEHICLES, MOTORS, BOILERS,
20 ENGINES, WIRES, WAYS, CONDUITS AND MECHANISMS, MACHINERY, TOOLS, IMPLE-
21 MENTS, MATERIALS, SUPPLIES, INSTRUMENTS AND DEVICES OF EVERY NATURE
22 WHATSOEVER USED OR USEFUL FOR RAILROAD AND RELATED TRANSPORTATION
23 PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE POWER INCLUDING
24 BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS AND ALL DEVICES
25 FOR SIGNALING, COMMUNICATIONS AND VENTILATION AS MAY BE NECESSARY,
26 CONVENIENT OR DESIRABLE FOR THE OPERATION OF A RAILROAD OR RELATED
27 TRANSPORTATION FACILITY.
28 7. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
29 THE AUTHORITY AND ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
30 THE FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY
31 THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, OR ANY POLI-
32 TICAL SUBDIVISION OR MUNICIPALITY OF THIS OR ANY OTHER STATE, RELATING
33 TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES, FARES,
34 CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES, OR RULES OR REGU-
35 LATIONS PERTAINING THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO
36 TRANSPORTATION IN PART IN OR UPON RAILROAD FACILITIES LOCATED WITHIN THE
37 COUNTY OF WARREN OR COUNTY OF SARATOGA AND IN PART IN OR UPON RAILROAD
38 FACILITIES LOCATED OUTSIDE SAID COUNTY OR TOWN.
39 8. "LEGISLATIVE BODY" OR "LEGISLATIVE BODIES" SHALL MEAN ANY OR ALL OF
40 THE GOVERNING BOARDS OF THE COUNTY OF WARREN AND THE TOWN OF CORINTH.
41 9. "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
42 DISTRICT, IMPROVEMENT DISTRICT, ANY OTHER SUCH INSTRUMENTALITY, INCLUD-
43 ING AN AGENCY OR PUBLIC BENEFIT CORPORATION OF THE STATE, OR ANY OF THE
44 FOREGOING, OR ANY COMBINATION THEREOF.
45 10. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND RELATED TRACK-
46 AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
47 COMMUNICATION AND VENTILATION SYSTEMS, POWER PLANTS, STATIONS, TERMI-
48 NALS, PARKING LOTS, GARAGES, WAREHOUSES, STORAGE YARDS, INTERMODAL
49 FACILITIES, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND PARTS,
50 OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR INCI-
51 DENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAILROAD
52 OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE COUNTY OF WARREN AND
53 THE COUNTY OF SARATOGA OR PURSUANT TO JOINT SERVICE ARRANGEMENTS,
54 INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES, AND AREAS NOTWITH-
55 STANDING THAT PORTIONS THEREOF MAY NOT BE DEVOTED TO ANY RAILROAD
A. 5546 3
1 PURPOSE OTHER THAN THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS
2 AND EXPENSES OF ALL OR ANY FACILITIES OF THE AUTHORITY.
3 11. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
4 INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
5 RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND
6 INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER
7 INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS, RIGHTS-OF-WAY, USES,
8 LEASES, LICENSES AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY
9 ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
10 AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
11 12. "TOWN" SHALL MEAN THE TOWN OF CORINTH IN THE COUNTY OF SARATOGA.
12 S 2681-B. CORINTH AND WARREN RAILROAD AUTHORITY. 1. THERE IS HEREBY
13 CREATED THE "CORINTH AND WARREN RAILROAD AUTHORITY" WHICH SHALL BE A
14 BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION.
15 2. THE AUTHORITY SHALL CONTINUE FOR THIRTY YEARS FROM THE EFFECTIVE
16 DATE OF THIS TITLE, OR SO LONG AS IT SHALL HAVE BONDS OR OTHER OBLI-
17 GATIONS OUTSTANDING OR UNTIL IT CAN NO LONGER SECURE OPERATIONS OF TRAIN
18 SERVICES WHICH PROVIDE FREIGHT, PASSENGER AND TOURIST SERVICES WITHIN
19 THE RESOURCES AVAILABLE OR UNTIL ITS EXISTENCE SHALL OTHERWISE BE TERMI-
20 NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
21 ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE COUNTY
22 AND THE TOWN PURSUANT TO ANY AGREEMENTS AMONG THE COUNTY, THE TOWN AND
23 THE AUTHORITY.
24 3. THE AUTHORITY SHALL ADOPT BY-LAWS GOVERNING ITS OPERATION AND KEEP
25 A RECORD OF ITS RESOLUTIONS, TRANSACTIONS, FINDINGS AND DETERMINATIONS,
26 WHICH RECORD SHALL BE A PUBLIC RECORD.
27 4. THE AUTHORITY SHALL CONSIST OF THE FOLLOWING SIX MEMBERS:
28 (A) THE COUNTY LEGISLATIVE BODY OF THE COUNTY SHALL APPOINT THREE
29 VOTING MEMBERS OF THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH COUNTY,
30 UPON THE RECOMMENDATION OF THE CHIEF EXECUTIVE (COUNTY EXECUTIVE OR
31 CHAIR OF THE COUNTY LEGISLATIVE BODY) OF THE COUNTY; AND
32 (B) THE TOWN BOARD OF THE TOWN SHALL APPOINT THREE VOTING MEMBERS OF
33 THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH TOWN, UPON THE RECOMMENDA-
34 TION OF THE SUPERVISOR OF THE TOWN.
35 5. THE TERM OF OFFICE OF MEMBERS OF THE AUTHORITY SHALL BE THREE
36 YEARS. TWO OF THE INITIAL MEMBERS OF THE AUTHORITY SHALL SERVE A ONE
37 YEAR TERM, TWO SHALL SERVE A TWO YEAR TERM AND TWO SHALL SERVE A THREE
38 YEAR TERM.
39 6. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS
40 ARE APPOINTED AND QUALIFIED. THE RESIGNATION OF ANY MEMBER SHALL BE
41 FILED WITH THE APPOINTING AUTHORITY AND SHALL BE EFFECTIVE WHEN SO
42 FILED. VACANCIES OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM OF
43 OFFICE SHALL BE FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS
44 PROVIDED FOR THE ORIGINAL APPOINTMENT.
45 7. THE CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY, AND OTHER NECESSARY
46 OFFICERS SHALL BE NAMED BY A MAJORITY VOTE OF ALL THE VOTING MEMBERS TO
47 SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL DECIDE. THE CHAIRPERSON SHALL
48 PRESIDE OVER THE MEETINGS OF THE AUTHORITY AND SHALL APPOINT MEMBERS OF
49 THE AUTHORITY TO COMMITTEES ESTABLISHED BY THE AUTHORITY TO ASSIST THE
50 AUTHORITY IN CARRYING OUT ITS DUTIES.
51 8. ANY MEMBER OF THE AUTHORITY MAY BE REMOVED BY RESOLUTION OF THE
52 ENTITY WHICH APPOINTED SUCH MEMBER EITHER FOR CAUSE OR FOR NON-COMPLI-
53 ANCE WITH MINIMUM REQUIREMENTS RELATING TO MEETING ATTENDANCE AND OTHER
54 CRITERIA AS MAY BE ESTABLISHED BY RESOLUTION OF SUCH ENTITY.
55 9. NO PERSON SHALL BE PRECLUDED FROM SERVING AS A MEMBER OF THE
56 AUTHORITY AS APPOINTED BY THE COUNTY LEGISLATIVE BODY OR THE TOWN BOARD
A. 5546 4
1 PURSUANT TO THIS SECTION BECAUSE SUCH MEMBER IS AN ELECTED OR APPOINTED
2 OFFICIAL OF A MUNICIPALITY, EXCEPT THAT NO MEMBER OF THE AUTHORITY SHALL
3 VOTE ON ANY MATTER BEFORE THE AUTHORITY WHICH HAS BEEN THE SUBJECT OF A
4 PROPOSAL, APPLICATION OR VOTE BEFORE THE MUNICIPALITY WHERE HE OR SHE
5 SERVES IN SUCH ELECTED OR APPOINTED CAPACITY.
6 10. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO SALARY OR COMPEN-
7 SATION FOR THEIR SERVICES, BUT MAY BE REIMBURSED FOR AUTHORIZED, ACTUAL
8 AND NECESSARY TRAVEL AND EXPENDITURES.
9 11. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY
10 THEN IN OFFICE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY
11 BUSINESS OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. NOTWITHSTANDING
12 ANY PROVISION OF STATUTE OR LAW TO THE CONTRARY AND EXCEPT AS OTHERWISE
13 SPECIFIED IN THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE
14 EXERCISE OF ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER
15 TO ACT BY A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE
16 AUTHORITY.
17 12. THE AUTHORITY SHALL BE DEEMED A STATE AGENCY FOR PURPOSES OF
18 SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT
19 NO NON-VOTING MEMBER OF THE AUTHORITY SHALL BE DEEMED AN OFFICER OR
20 EMPLOYEE OF A STATE AGENCY.
21 S 2681-C. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
22 SHALL BE THE ADMINISTRATION, MANAGEMENT, CONTINUANCE, FURTHER DEVELOP-
23 MENT AND IMPROVEMENT OF RAILROAD TRANSPORTATION AND OTHER SERVICES
24 RELATED THERETO WITHIN THE COUNTIES OF WARREN AND SARATOGA AND THE
25 PROMOTION OF TOURISM, FREIGHT AND PASSENGER TRANSPORTATION, IN ACCORD-
26 ANCE WITH THE PROVISIONS OF THIS TITLE. IT SHALL BE THE FURTHER PURPOSE
27 OF THE AUTHORITY TO DEVELOP AND IMPLEMENT A UNIFIED RAILROAD TRANSPORTA-
28 TION POLICY AND STRATEGY FOR SUCH COUNTY AND TOWN. WHEN ADMINISTERING,
29 MANAGING, CONTINUING, DEVELOPING AND IMPROVING RAILROAD FACILITIES, OR
30 FORMULATING STRATEGIES, POLICIES AND MAKING DECISIONS RELATED THERETO,
31 THE AUTHORITY SHALL UNDERTAKE TO ENCOURAGE AND WORK TO CONTINUE AND
32 CAUSE THE GROWTH OF THE OPERATION OF TOURISM TRAINS THAT PROVIDE AN
33 ATTRACTION AND OPPORTUNITY FOR TOURISTS TO TAKE SCENIC TRAIN RIDES, SKI
34 TRAINS TO NORTH CREEK, THOMAS THE TANK, POLAR EXPRESS OR SIMILAR SPECIAL
35 EVENTS AND OTHERWISE CAUSE TRAIN OPERATIONS THAT NOT ONLY PROVIDE THE
36 USUAL FREIGHT AND PASSENGER SERVICE, BUT ALSO PROMOTE AND ENCOURAGE
37 TOURISM IN AND AMONG THE COMMUNITIES ALONG THE RAIL LINE.
38 2. IT IS HEREBY FOUND AND DECLARED THAT SUCH PURPOSES ARE IN ALL
39 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE AND THE AUTHORITY
40 SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
41 CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS GRANTED BY THIS
42 TITLE.
43 S 2681-D. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
44 BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
45 1. TO SUE AND BE SUED;
46 2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
47 3. TO BORROW MONEY;
48 4. TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY MONIES
49 NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
50 AUTHORITY, IN OBLIGATIONS IN WHICH THE STATE COMPTROLLER MAY INVEST
51 PURSUANT TO SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE FINANCE
52 LAW;
53 5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
54 MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
55 THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
A. 5546 5
1 6. TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
2 NECESSARY OR CONVENIENT;
3 7. TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
4 EXERCISE OF ITS POWERS FOR ITS CORPORATE PURPOSES;
5 8. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT IS NOT IN
6 CONFLICT WITH THE INTERESTS OR PURPOSES OF THE AUTHORITY, RENT, LEASE OR
7 GRANT EASEMENTS OR OTHER RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORI-
8 TY, INCLUDING THE GRANTING OF MUNICIPAL UTILITY EASEMENTS;
9 9. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
10 PERFORMANCE OF ITS DUTIES, AND TO FIX AND DETERMINE THEIR QUALIFICA-
11 TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY COUNSEL, AUDI-
12 TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
13 FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; SUCH COUN-
14 SEL, AUDITORS, ENGINEERS, AND PRIVATE CONSULTANTS, OFFICERS AND EMPLOY-
15 EES MAY NOT BE A MEMBER OF THE AUTHORITY;
16 10. TO MAKE PLANS, SURVEYS, AND STUDIES NECESSARY, CONVENIENT OR
17 DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
18 TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
19 11. TO CONTRACT FOR AND ACCEPT ANY GIFTS OR GRANTS, SUBSIDIES OR LOANS
20 OF FUNDS OR PROPERTY OR FINANCIAL OR OTHER AID IN ANY FORM FROM THE
21 FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR
22 FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT TO THE
23 PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF;
24 12. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
25 13. TO ESTABLISH ITS FISCAL YEAR; AND
26 14. TO DO ALL THINGS NECESSARY OR CONVENIENT OR DESIRABLE TO CARRY OUT
27 ITS PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS TITLE.
28 S 2681-E. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE THE
29 PURPOSES OF THIS TITLE: 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT,
30 GRANT, TRANSFER, CONTRACT OR LEASE, ANY RAILROAD FACILITY, WHOLLY OR
31 PARTIALLY WITHIN THE COUNTY OR TOWN OR ANY PART THEREOF, OR THE USE
32 THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
33 IN THIS SECTION. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
34 BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS
35 THAN A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY.
36 IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER POWER CONFERRED UPON
37 THE AUTHORITY BY THE PROVISIONS OF THIS TITLE, THE AUTHORITY IS HEREBY
38 EMPOWERED AND AUTHORIZED IN RESPECT OF ANY PROPERTY AND ASSETS AT ANY
39 TIME OWNED OR HELD BY, OR UNDER THE JURISDICTION OF, THE STATE, ANY
40 POLITICAL SUBDIVISION THEREOF, OR ANY PRIVATE OR OTHER PUBLIC CONCERN,
41 TO ACCEPT AND RECEIVE ANY SUCH INTEREST THEREIN AS IT MAY HAVE BEEN OR
42 MAY HEREAFTER BE DESIGNATED BY THE STATE, ANY POLITICAL SUBDIVISION
43 THEREOF, OR ANY OTHER PUBLIC OR PRIVATE CONCERN, BY LAW OR OTHER LAWFUL
44 MEANS TO RECEIVE, AND IN RESPECT THEREOF, EXCEPT AS OTHERWISE PROVIDED
45 BY THE DESIGNATING STATUTE OR CONTRACTUAL INSTRUMENT, IT SHALL HAVE AND
46 EXERCISE ALL OF THE POWERS AND JURISDICTION HEREIN CONFERRED UPON IT IN
47 RESPECT OF ANY OTHER PROPERTY, RIGHTS, ASSETS, FACILITIES AND PROJECTS
48 IN ANY OTHER MANNER ACQUIRED OR FROM ANY OTHER SOURCE RECEIVED BY IT
49 PURSUANT TO THE PROVISIONS OF THIS TITLE.
50 2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
51 DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ITSELF ESTABLISH,
52 CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
53 REPAIR ANY SUCH RAILROAD FACILITY, OR MAY PROVIDE FOR SUCH ESTABLISH-
54 MENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION,
55 IMPROVEMENT, EXTENSION OR REPAIR BY CONTRACT, LEASE, OR OTHER ARRANGE-
56 MENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR
A. 5546 6
1 DESIRABLE WITH ANY PERSON, INCLUDING, BUT NOT LIMITED TO, ANY COMMON
2 CARRIER OR FREIGHT FORWARDER OR OTHER PRIVATE FOR-PROFIT FIRM, THE
3 STATE, ANY AGENCY OR THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER STATE
4 OR AGENCY OR INSTRUMENTALITY THEREOF, ANY NON-PROFIT CORPORATION, ANY
5 PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL SUBDIVISION
6 OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERATION OF ANY
7 SUCH RAILROAD FACILITY, THE AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTU-
8 ATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR OR MAY
9 PROVIDE BY CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE ESTABLISHMENT,
10 CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
11 MENT, EXTENSION OR REPAIR OF ANY RELATED SERVICES AND ACTIVITIES IT
12 DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING, BUT NOT LIMITED TO,
13 THE TRANSPORTATION AND STORAGE OF FREIGHT AND THE UNITED STATES MAIL,
14 FEEDER AND CONNECTING TRANSPORTATION, PARKING AREAS, TRANSPORTATION
15 CENTERS, STATIONS AND RELATED FACILITIES.
16 3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
17 LISHED, LEVIED AND COLLECTED AND, IN THE CASE OF A JOINT SERVICE
18 ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION
19 OF SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
20 DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
21 RAILROAD FACILITY AND RELATED SERVICES OPERATED BY THE AUTHORITY OR
22 UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT, INCLUDING JOINT SERVICE
23 ARRANGEMENTS, WITH THE AUTHORITY.
24 4. THE AUTHORITY MAY ESTABLISH AND, IN THE CASE OF JOINT SERVICE
25 ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
26 AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
27 ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
28 SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
29 FOR THE USE AND OPERATION OF ANY RAILROAD FACILITY AND RELATED SERVICES
30 OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT,
31 INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
32 5. THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
33 EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR ANY
34 OF ITS FACILITIES.
35 6. THE AUTHORITY, IN ITS OWN NAME, MAY APPLY FOR AND RECEIVE AND
36 ACCEPT GRANTS OF PROPERTY, MONEY AND SERVICES AND OTHER ASSISTANCE
37 OFFERED OR MADE AVAILABLE TO IT BY ANY PERSON, GOVERNMENT OR AGENCY
38 WHICH IT MAY USE TO MEET CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER
39 USE WITHIN THE SCOPE OF ITS POWERS, AND TO NEGOTIATE FOR THE SAME UPON
40 SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY DETERMINE TO BE NECES-
41 SARY, CONVENIENT OR DESIRABLE.
42 7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
43 DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
44 RAILROAD FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY OR UNDER
45 CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS HERE-
46 INAFTER SPECIALLY PROVIDED, NO MUNICIPALITY OR POLITICAL SUBDIVISION,
47 INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR
48 OTHER DISTRICT SHALL HAVE JURISDICTION OVER ANY FACILITIES OF THE
49 AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOL-
50 UTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL
51 SUBDIVISION IN THE STATE CONFLICTING WITH THIS TITLE OR ANY RULE OR
52 REGULATION OF THE AUTHORITY, SHALL NOT BE APPLICABLE TO THE ACTIVITIES
53 OR OPERATIONS OF THE AUTHORITY, OR THE FACILITIES OF THE AUTHORITY,
54 EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
55 TATION PURPOSES. THE AUTHORITY MAY AGREE WITH THE DEPARTMENT OF TRANS-
56 PORTATION FOR THE EXECUTION BY SUCH DEPARTMENT OF ANY GRADE CROSSING
A. 5546 7
1 ELIMINATION PROJECT OR ANY GRADE CROSSING SEPARATION RECONSTRUCTION
2 PROJECT ALONG ANY RAILROAD FACILITY OPERATED BY THE AUTHORITY OR UNDER
3 CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
4 PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE TRANSPORTA-
5 TION LAW AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
6 PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS.
7 S 2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. 1. TO AVOID
8 DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
9 MAKE USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER MATERIALS
10 IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL
11 SUBDIVISION OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
12 LOCATED IN OR SERVING SOME PORTION OF THE STATE IS HEREBY AUTHORIZED TO
13 MAKE THE SAME AVAILABLE TO THE AUTHORITY AND OTHERWISE TO ASSIST IT IN
14 THE PERFORMANCE OF ITS FUNCTIONS. AT THE REQUEST OF THE AUTHORITY, EACH
15 SUCH AGENCY, MUNICIPALITY OR SUBDIVISION LOCATED IN OR SERVING SOME
16 PORTION OF THE STATE WHICH IS ENGAGED IN RAILROAD OR OTHER TRANSPORTA-
17 TION ACTIVITIES OR IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS
18 CHARGED WITH THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION
19 FACILITY OR ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE
20 THE AUTHORITY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECT-
21 ING RAILROAD TRANSPORTATION WITHIN THE PARTICIPATING COUNTIES SO THAT
22 THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMATION WITH RESPECT
23 THERETO. THE OFFICERS AND PERSONNEL OF SUCH AGENCIES, MUNICIPALITIES OR
24 SUBDIVISIONS, AND OF ANY OTHER GOVERNMENT OR AGENCY WHATEVER, MAY SERVE
25 AT THE REQUEST OF THE AUTHORITY UPON SUCH ADVISORY COMMITTEES AS THE
26 AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS AND PERSONNEL MAY
27 SERVE UPON SUCH COMMITTEES WITHOUT FORFEITURE OF OFFICE OR EMPLOYMENT
28 AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION, STATUS, RIGHTS AND
29 PRIVILEGES WHICH THEY OTHERWISE ENJOY.
30 2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE COUNTY, EVERY
31 MUNICIPALITY LOCATED IN THE COUNTY AND THE TOWN ARE AUTHORIZED AND
32 EMPOWERED TO CONSENT TO THE USE BY THE AUTHORITY OF ANY REAL OR PERSONAL
33 PROPERTY OWNED BY ANY SUCH MUNICIPALITY AND NECESSARY, CONVENIENT OR
34 DESIRABLE IN THE OPINION OF THE AUTHORITY FOR ANY OF THE FACILITIES OR
35 PROJECTS AUTHORIZED UNDER THIS TITLE, INCLUDING SUCH REAL PROPERTY AS
36 HAS ALREADY BEEN DEVOTED TO A PUBLIC USE, AND AS AN INCIDENT TO SUCH
37 CONSENT, TO LEASE OR OTHERWISE TRANSFER AND CONVEY TO THE AUTHORITY ANY
38 SUCH REAL OR PERSONAL PROPERTY UPON SUCH TERMS AS MAY BE DETERMINED BY
39 THE AUTHORITY AND ANY SUCH MUNICIPALITY. EVERY SUCH MUNICIPALITY ALSO IS
40 AUTHORIZED AND EMPOWERED, AS AN INCIDENT TO SUCH CONSENT, TO VEST IN THE
41 AUTHORITY THE CONTROL, POSSESSION, OPERATION, MAINTENANCE, RENTS, CHARG-
42 ES AND ANY AND ALL OTHER REVENUES OF ANY FACILITIES NOW OWNED BY ANY
43 SUCH MUNICIPALITY, THE TITLE TO SUCH FACILITIES REMAINING IN SUCH MUNI-
44 CIPALITY.
45 S 2681-G. EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
46 CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS PURPOSES UNDER
47 THIS TITLE ARE IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE
48 STATE OF NEW YORK AND IS A PUBLIC PURPOSE. ACCORDINGLY, THE AUTHORITY
49 SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
50 THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE, AND THE
51 AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
52 REM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR LOCAL, INCLUDING
53 BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS
54 ON REAL PROPERTY, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES, UPON OR
55 WITH RESPECT TO ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION,
56 CONTROL OR SUPERVISION, OR UPON THE USES THEREOF, OR UPON OR WITH
A. 5546 8
1 RESPECT TO ITS ACTIVITIES OR OPERATIONS IN FURTHERANCE OF THE POWERS
2 CONFERRED UPON IT BY THIS TITLE, OR UPON OR WITH RESPECT TO ANY FARES,
3 TOLLS, RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED
4 BY THE AUTHORITY, EXCEPT THAT THE AUTHORITY SHALL PAY REAL PROPERTY
5 TAXES, SPECIAL AD VALOREM LEVIES AND ASSESSMENTS ON THAT PART OF THE
6 RAILROAD TRACKS AND PROPERTY OWNED BY THE COUNTY ON THE EFFECTIVE DATE
7 OF THIS TITLE AND LOCATED IN THE COUNTY OF SARATOGA, AND ON RAILROAD
8 TRACKS AND PROPERTY OWNED BY THE TOWN ON THE EFFECTIVE DATE OF THIS
9 TITLE AND LOCATED OUTSIDE OF THE TOWN.
10 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY OR
11 ANY LESSEES OF THE AUTHORITY SHALL BE REQUIRED TO PAY WATER AND SEWER
12 FEES, WATER AND SEWER ASSESSMENTS OR WATER AND SEWER SPECIAL AD VALOREM
13 LEVIES, EXCEPT THAT SUCH TAXING JURISDICTIONS WHERE THE AUTHORITY IS
14 REQUIRED TO PAY REAL PROPERTY TAXES AND SPECIAL AD VALOREM LEVIES AND
15 ASSESSMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
16 3. THE AUTHORITY MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH ANY MUNI-
17 CIPALITY, INCLUDING SCHOOL DISTRICTS, TO PAY, A SUM OR SUMS ANNUALLY OR
18 OTHERWISE OR TO PROVIDE OTHER CONSIDERATIONS WITH RESPECT TO REAL PROP-
19 ERTY OWNED BY THE AUTHORITY LOCATED WITHIN SUCH MUNICIPALITY.
20 S 2681-H. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
21 AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY. 1. IN ADDITION TO ANY
22 POWERS GRANTED TO IT BY LAW, THE COUNTY OR THE TOWN MAY BY RESOLUTION
23 ADVANCE SUMS OF MONEY TO OR ON BEHALF OF THE AUTHORITY TO DEFRAY COSTS
24 OR EXPENSES OF THE AUTHORITY TO BE INCURRED PRIOR TO THE FIRST ISSUANCE
25 OF BONDS. SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, THE MONEYS SO APPRO-
26 PRIATED MAY BE REPAID BY THE AUTHORITY TO THE COUNTY OR THE TOWN AT SUCH
27 TIME AND IN SUCH MANNER AS MAY BE AGREED UPON BETWEEN THE AUTHORITY AND
28 THE COUNTY OR THE TOWN.
29 2. THE COUNTY OR THE TOWN OR ANY OTHER MUNICIPALITY ALONG THE CORINTH
30 AND WARREN RAILROAD LINE MAY BY RESOLUTION GIVE, GRANT, SELL, CONVEY,
31 LEND, OR LICENSE THE USE OF OR LEASE TO THE AUTHORITY ANY PROPERTY OR
32 FACILITY WHICH IS USEFUL TO THE AUTHORITY IN ORDER TO CARRY OUT ITS
33 POWERS UNDER THIS TITLE. ANY SUCH TRANSFER OF PROPERTY SHALL BE UPON
34 SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, AS
35 THE AUTHORITY AND THE COUNTY, THE TOWN OR THE MUNICIPALITY MAY AGREE.
36 3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL,
37 OR LOCAL, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY OR THE
38 TOWN FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHOR-
39 ITY.
40 S 2681-I. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM RIGHTS
41 OF EMPLOYEES; CIVIL SERVICE. 1. IN ACCORDANCE WITH THE PROVISIONS OF
42 SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER OR EMPLOYEE OF A
43 MUNICIPALITY TRANSFERRED TO THE AUTHORITY SHALL BE ELIGIBLE FOR SUCH
44 TRANSFER AND APPOINTMENT, WITHOUT FURTHER EXAMINATION, TO APPLICABLE
45 OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. ANY SUCH OFFICERS
46 OR EMPLOYEES SO TRANSFERRED TO THE AUTHORITY PURSUANT TO THIS SECTION,
47 WHO ARE MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION OR RETIREMENT
48 FUND OR SYSTEM, SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLI-
49 GATIONS AND STATUS WITH RESPECT TO SUCH FUND OR SYSTEM AS ARE NOW
50 PRESCRIBED BY LAW.
51 2. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED (A) TO DIMINISH
52 THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
53 (B) TO AFFECT EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC
54 EMPLOYMENT RELATIONS BOARD SEEKING A DESIGNATION BY THE BOARD THAT
55 CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
A. 5546 9
1 S 2681-J. EQUAL EMPLOYMENT OPPORTUNITY. THE AUTHORITY SHALL ENSURE
2 THAT ALL EMPLOYEES OR APPLICANTS FOR EMPLOYMENT ARE AFFORDED EQUAL
3 OPPORTUNITY EMPLOYMENT WITHOUT DISCRIMINATION ON ANY BASIS PROHIBITED
4 UNDER SUBDIVISION TWO OF SECTION FORTY-C OF THE CIVIL RIGHTS LAW.
5 S 2681-K. MONIES OF THE AUTHORITY. ALL MONIES OF THE AUTHORITY FROM
6 WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
7 AND SHALL BE DEPOSITED FORTHWITH IN AN INTEREST-BEARING ACCOUNT IN A
8 BANK OR BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN SUCH ACCOUNTS
9 SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR PERSONS AS
10 THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL DEPOSITS OF
11 SUCH MONIES SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
12 THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO
13 THE AMOUNT ON DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED
14 TO GIVE SUCH SECURITY FOR SUCH DEPOSITS. TO THE EXTENT PRACTICABLE,
15 CONSISTENT WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES
16 SHALL BE DEPOSITED IN INTEREST-BEARING ACCOUNTS. ANY MONIES OF THE
17 AUTHORITY NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT MAY, BE
18 INVESTED IN ACCORDANCE WITH SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF
19 THE STATE FINANCE LAW.
20 S 2681-L. CONTRACTS. 1. ALL CONTRACTS FOR THE CONSTRUCTION, RECON-
21 STRUCTION, REHABILITATION OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHOR-
22 ITY SHALL COMPLY WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF
23 THE LABOR LAW AND SHALL ALSO BE SUBJECT TO THE PROVISIONS OF LAW APPLI-
24 CABLE TO CONTRACTS LET BY A MUNICIPAL CORPORATION, EXCEPT AS OTHERWISE
25 PROVIDED IN THIS TITLE.
26 2. ALL CONTRACTS FOR THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION
27 OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHORITY SHALL BE IN CONFORMITY
28 WITH THE APPLICABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY-FIVE OF THE
29 STATE FINANCE LAW.
30 3. THE AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS FOR SUPER-
31 VISION AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION OF
32 WORK FOR WHICH THE AUTHORITY RECEIVES BIDS. ANY CONSTRUCTION CONTRACT
33 AWARDED BY THE AUTHORITY SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS
34 AS THE AUTHORITY MAY DEEM DESIRABLE. THE AUTHORITY SHALL AWARD ANY
35 CONSTRUCTION CONTRACT INVOLVING AN EXPENDITURE OF MORE THAN THIRTY-FIVE
36 THOUSAND DOLLARS TO THE LOWEST BIDDER WHO, IN ITS OPINION, IS QUALIFIED
37 TO PERFORM THE WORK REQUIRED AND WHO IS RESPONSIBLE AND RELIABLE. THE
38 AUTHORITY MAY, HOWEVER, REJECT ANY OR ALL BIDS OR WAIVE ANY INFORMALITY
39 IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST WILL BE PROMOTED THERE-
40 BY. THE AUTHORITY MAY REJECT ANY BID, IF, IN ITS JUDGMENT, THE BUSINESS
41 AND TECHNICAL ORGANIZATION, PLANT, RESOURCES, FINANCIAL STANDING, OR
42 EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO
43 BE PERFORMED.
44 4. FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW ONLY,
45 THE AUTHORITY SHALL BE DEEMED A STATE AGENCY AS THAT TERM IS USED IN
46 SUCH ARTICLE, AND ALL CONTRACTS FOR PROCUREMENT, DESIGN, CONSTRUCTION,
47 SERVICES AND MATERIALS SHALL BE DEEMED STATE CONTRACTS WITHIN THE MEAN-
48 ING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
49 S 2681-M. ANNUAL REPORT AND AUDIT. IN CONFORMITY WITH THE PROVISIONS
50 OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE
51 AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER AND AN
52 ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT CERTIFIED PUBLIC
53 ACCOUNTANT. THE AUTHORITY SHALL ANNUALLY SUBMIT TO THE COUNTY LEGISLA-
54 TURE, TOWN BOARD, GOVERNOR AND THE COMPTROLLER AND TO THE CHAIRPERSON OF
55 THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS
56 AND MEANS COMMITTEE A DETAILED REPORT PURSUANT TO THE PROVISIONS OF
A. 5546 10
1 SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH REPORT
2 SHALL BE FILED WITH THE CLERK OF THE COUNTY LEGISLATURE AND THE CLERK OF
3 THE TOWN BOARD.
4 S 2681-N. DEFENSE AND INDEMNIFICATION. 1. THE AUTHORITY SHALL NOT
5 EXECUTE ANY OF ITS POWERS EXCEPT AS NECESSARY TO COMMENCE ITS CORPORATE
6 EXISTENCE, UNTIL IT HAS ELECTED TO MAKE THE PROVISION OF SECTION EIGH-
7 TEEN OF THE PUBLIC OFFICERS LAW APPLICABLE TO ITS EMPLOYEES (AS SUCH
8 TERM IS DEFINED IN SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW) PURSUANT
9 TO SUBDIVISION TWO OF SUCH SECTION; PROVIDED, HOWEVER, THAT NOTHING
10 CONTAINED WITHIN THIS SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO
11 EXTEND THE PROVISIONS OF SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW
12 UPON ANY INDEPENDENT CONTRACTOR.
13 2. NEITHER THE MEMBERS OF THE AUTHORITY, NOR THE COUNTY, THE TOWN, OR
14 ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING ON THE AUTHORITY'S BEHALF,
15 WHILE ACTING WITHIN THE SCOPE OF HIS, HER OR ITS AUTHORITY, SHALL BE
16 SUBJECT TO ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAIN-
17 TENANCE OR OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY OR FROM
18 CARRYING OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED,
19 HOWEVER, THAT THIS SHALL NOT BE HELD TO APPLY TO ANY INDEPENDENT
20 CONTRACTOR.
21 S 2681-O. ACTION BY OR AGAINST THE AUTHORITY. 1. EXCEPT IN AN ACTION
22 FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE PROSECUTED
23 OR MAINTAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS OR EMPLOYEES
24 FOR PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO
25 HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT OR WRONGFUL ACT OF
26 THE AUTHORITY OR OF ANY MEMBER, OFFICER, AGENT OR EMPLOYEE THEREOF,
27 UNLESS (A) NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE
28 AUTHORITY WITHIN THE TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION
29 FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT SHALL APPEAR BY AND AS AN
30 ALLEGATION IN THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS
31 HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE AND THAT ADJUSTMENT OR
32 PAYMENT THEREOF HAS BEEN NEGLECTED OR REFUSED, AND (C) THE ACTION OR
33 SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE YEAR AND NINETY DAYS
34 AFTER THE HAPPENING OF THE EVENT UPON WHICH THE CLAIM IS BASED. AN
35 ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL BE COMMENCED IN
36 ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
37 TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
38 2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
39 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
40 OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
41 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
42 AL MUNICIPAL LAW.
43 3. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
44 FAVOR OF OR AGAINST THE AUTHORITY.
45 4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF
46 THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
47 TY OF THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
48 ACTION OR CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL
49 COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
50 ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRE-
51 SPECTIVE OF POSITION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE
52 GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION
53 OR PROCEEDING QUESTIONING THE VALIDITY OF THIS TITLE IN WHICH THE
54 AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR
55 PROCEEDING SHALL BE LAID IN THE SUPREME COURT OF ANY OF THE PARTICIPAT-
56 ING COUNTIES.
A. 5546 11
1 5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
2 FOR WHICH IT IS LIABLE, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE
3 THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
4 6. ALL ACTIONS OR PROCEEDINGS AGAINST THE AUTHORITY OF WHATEVER NATURE
5 SHALL BE BROUGHT IN A SUPREME COURT IN THE COUNTY OR THE COUNTY OF SARA-
6 TOGA.
7 S 2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERATION
8 AND MAINTENANCE. THE OPERATION, MAINTENANCE AND USE OF TRACK, BRIDGES,
9 SIGNALS, FREIGHT STATIONS, PASSENGER STATIONS AND OTHER FACILITIES SHALL
10 BE PUBLIC PURPOSES OF THE AUTHORITY, THE COUNTY AND THE TOWN. THE TOTAL
11 COST TO THE AUTHORITY OF OPERATION, MAINTENANCE AND USE OF EACH TRACK,
12 BRIDGE, SIGNAL, FREIGHT STATION, PASSENGER STATION AND OTHER FACILITY
13 WITHIN THE COUNTY OR THE COUNTY OF SARATOGA AND SERVICED BY ONE OR MORE
14 RAILROAD FACILITIES OF THE AUTHORITY OR CORPORATIONS, INCLUDING THE
15 BUILDINGS, APPURTENANCES, PLATFORMS, LANDS AND APPROACHES INCIDENTAL OR
16 ADJACENT THERETO, SHALL BE BORNE BY THE AUTHORITY. PROVIDED, THAT, NO
17 PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE AUTHORITY FROM
18 DELEGATING OR ASSIGNING THE DUTIES ASSIGNED TO THE AUTHORITY PURSUANT TO
19 THIS SECTION AND THE COSTS THEREOF TO A THIRD PARTY OPERATOR OR COMMON
20 CARRIER WHICH IS LICENSED, CLEARED OR OTHERWISE AUTHORIZED TO USE THE
21 TRACK, BRIDGE, SIGNAL, STATION AND/OR OTHER FACILITY OPERATED AND MAIN-
22 TAINED PURSUANT TO THIS SECTION.
23 S 2681-Q. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR OBLI-
24 GATIONS OF THE AUTHORITY. 1. NEITHER THE STATE, THE COUNTY, THE TOWN,
25 NOR ANY MUNICIPALITY OR PUBLIC CORPORATION SHALL BE LIABLE ON ANY BOND,
26 NOTE OR OTHER OBLIGATION OF THE AUTHORITY, AND SUCH BONDS, NOTES OR
27 OTHER OBLIGATIONS SHALL NOT BE DEBTS OF THE STATE, THE COUNTY, THE TOWN,
28 NOR ANY MUNICIPALITY OR PUBLIC CORPORATION, AND SUCH BONDS, NOTES OR
29 OTHER OBLIGATIONS SHALL CONTAIN A STATEMENT TO SUCH EFFECT.
30 2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE STATE IN
31 ANY WAY IN CONNECTION WITH THE OPERATIONS AND OBLIGATIONS OF THE AUTHOR-
32 ITY.
33 S 2681-R. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
34 OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
35 GENERAL OR SPECIAL, OR OF A COUNTY CHARTER, ANY LOCAL LAW, ORDINANCE OR
36 RESOLUTION OF A MUNICIPALITY, THE PROVISIONS OF THIS TITLE SHALL BE
37 CONTROLLING. NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO SUPPLE-
38 MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE
39 SET FORTH IN THIS TITLE.
40 S 2. The second undesignated paragraph of paragraph (d) of subdivision
41 4 of section 14-k of the transportation law, as amended by chapter 75 of
42 the laws of 2000, is amended to read as follows:
43 The commissioner shall request the project sponsors to furnish such
44 information in writing as may be necessary. For the purposes of this
45 section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
46 extension railroad authority shall be an authorized project sponsor.
47 FURTHERMORE, FOR THE PURPOSES OF THIS SECTION, THE CORINTH AND WARREN
48 RAILROAD AUTHORITY SHALL BE AN AUTHORIZED PROJECT SPONSOR.
49 S 3. Severability. If any clause, sentence, paragraph, section or part
50 of this act shall be adjudged by any court of competent jurisdiction to
51 be invalid and after exhaustion of all further judicial review, the
52 judgment shall not affect, impair or invalidate the remainder thereof,
53 but shall be confined in its operation to the clause, sentence, para-
54 graph, section or part of this act directly involved in the controversy
55 in which the judgment shall have been rendered.
56 S 4. This act shall take effect immediately.
