N.Y. Public Authorities Law § 1299-e: General powers of the authority

§ 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

deposit;

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

hearing;

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

established.

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.