N.Y. Public Authorities Law § 1299-h: Co-operation and assistance of other agencies

§ 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.