N.Y. Public Authorities Law § 153-b: Further additional powers of the authority

* § 153-b. Further additional powers of the authority. The authority

shall have the power, in addition to the powers granted in other

sections of this title:

1. To construct an extension of Meadowbrook state parkway from the

Southern state parkway to the Northern state parkway with incidental

roads, structures, facilities and bridges and to maintain, reconstruct

and operate such extension;

2. To reconstruct, widen and otherwise improve and thereafter

maintain, reconstruct and operate (a) Southern state parkway, together

with incidental parkway facilities now existing or hereafter

constructed, on and along said parkway, from and including a connection

with the Belt parkway to Wantagh avenue and to acquire real property and

rights therein for future widening of Southern state parkway between

Wantagh avenue and the easterly boundary of Nassau county, (b)

Meadowbrook state parkway from Merrick road to the Southern state

parkway, and (c) Wantagh state parkway from Merrick road to the Southern

state parkway;

3. To construct, reconstruct, improve and thereafter maintain and

operate facilities such as gasoline, comfort, repair and storage

stations and other similar facilities along the route of the extension

of Meadowbrook state parkway referred to in paragraph one of this

section and the parts of the parkways referred to in paragraph two of

this section, to contract for such construction, and to lease the right

to construct and use such facilities on such terms and for such

consideration as it shall determine, provided, however, that no lease be

made for a period of more than ten years from the date when it is made;

4. To construct and maintain over, under, along or across the

extension of Meadowbrook state parkway referred to in paragraph one of

this section and the parts of the parkways referred to in paragraph two

of this section, telephone, telegraph or electric wires and cables, gas

mains, water mains, and other mechanical equipment not inconsistent with

park or parkway purposes; to contract for such construction and to lease

the right to construct and/or use the same on such terms and for such

consideration as it shall determine, provided, however, that no lease

shall be made for a period of more than ten years from the date when it

is made. The authority shall also have power to grant, with respect to

any real property under its jurisdiction, on such terms and conditions

and under such regulations and restrictions as the authority shall deem

just and proper, licenses or easements to any governmental agency of the

state of New York or to any municipal corporation, public district or

governmental agency thereof, or to the United States of America or any

governmental agency thereof for any public purposes and in addition

thereto may grant licenses or easements to individuals, partnerships and

corporations for drainage facilities, sewers, water and gas mains,

electric and telephone conduits, and railroad facilities. The authority

shall also have power to sell, exchange or otherwise dispose of any real

property or interest therein acquired at the cost and expense of the

authority pursuant to the exercise of the powers granted by section one

hundred fifty-eight-b of this title which is not necessary for its

corporate purposes or whenever the board shall determine that it is in

the interest of the authority to do so. The proceeds of any such sale

shall be paid to the authority and applied to its corporate purpose.

5. To charge tolls for the use of the part of Southern state parkway

improved by the authority subject to and in accordance with any

agreements with bondholders made as hereinafter provided. The toll shall

be ten cents unless the revenues from such tolls and the income from the

facilities authorized by the foregoing provisions of this section are

insufficient to meet all obligations of such agreements and to pay the

costs of operating and maintaining the parkways and facilities operated

and maintained by the authority pursuant to the foregoing provisions of

this section. The revenue from such tolls and the income from such

facilities shall be used only to meet such obligations and to pay the

cost of constructing, reconstructing, operating and maintaining such

parkways and facilities;

6. To pledge the tolls from the Southern state parkway and any other

revenues from the parkways operated and maintained by the authority

pursuant to this section;

7. From time to time to issue bonds in the aggregate principal amount

of forty million dollars for any or all of the following purposes and

purposes incidental thereto: (a) purposes authorized by section one

hundred fifty-three-b; (b) reconstructing, widening and otherwise

improving Meadowbrook parkway from Merrick road to Jones Beach state

park, Wantagh parkway from Merrick road to Jones Beach state park and

Loop parkway; (c) constructing additional parking facilities on Jones

Beach at a total cost of not exceeding one million two hundred fifty

thousand dollars; and (d) the payment of all costs and expenses

incidental to the issuance of such bonds, including interest during

construction. Such bonds shall mature not later than forty years from

January first, nineteen hundred fifty-four, and the authority shall not

have power to refund the issuance of such bonds. The authority shall

have power to employ financial advisors in connection with the issuance

of such bonds. No revenues or moneys of the authority, other than the

tolls and other revenues from the Southern state parkway and the

proceeds from the sale of the bonds, shall be pledged for or shall be

applicable to the payment of such bonds. All the provisions of this

title relating to bonds which are not inconsistent with the provisions

of this section, shall apply to the bonds authorized by this section

except section one hundred fifty-eight and subdivisions two and three of

section one hundred fifty-eight-a. The authority also shall have power

from time to time in anticipation of the issuance of bonds pursuant to

this section to borrow money on bank loans and to evidence such loans by

notes or otherwise. Such loans and notes shall be subject to the same

provisions of this title as relates to bonds issued pursuant to this

section;

8. Bonds issued pursuant to this section shall be sold at public sale,

upon sealed bids publicly opened and read, to the bidder who shall offer

the lowest interest cost to the authority, or if the authority shall so

determine, at the highest price. The notice of sale shall be published

at least once, not less than seven nor more than thirty days before the

date of sale, in a financial newspaper published and circulated in the

city of New York. Such notice shall contain a statement of the time and

place where all bids received in pursuance of such notice will be

publicly opened and read. Such bonds shall be sold for a price not less

than ninety-eight per centum of the par value thereof, plus accrued

interest. The provisions of this subdivision shall not apply to notes of

the authority issued pursuant to subdivision seven of this section;

9. Notwithstanding and in addition to any provisions for the

redemption of bonds issued pursuant to this section which may be

contained in any contract with the holders of such bonds, the state of

New York may, upon furnishing sufficient funds therefor, require the

authority to redeem, prior to maturity, as a whole, any issue of such

bonds on any interest payment date not less than five years after the

date of the bonds of such issue at one hundred five per centum of their

face value and accrued interest or at such lower redemption price as may

be provided in the bonds in case of the redemption thereof as a whole on

the redemption date. Notice of such redemption shall be published at

least twice in at least two newspapers published and circulated

respectively in the county of Nassau and city of New York, the first

publication to be at least thirty days before the date of redemption;

10. The authority shall have the right to possess and use for its

corporate purposes the extension of Meadowbrook state parkway referred

to in paragraph one of this section and the parts of the parkways

referred to in paragraph two of this section, together with necessary

facilities now existing or hereafter constructed on or along said

parkways. Policing of the parkways and other facilities of the authority

shall continue to be the responsibility of the force of park patrolmen

under the direction of the commission. Such possession and use by the

authority shall continue until its liabilities for such parkways and

facilities have been met and the bonds authorized by this section have

been paid in full or such liabilities having otherwise been discharged.

Thereafter such parkways and facilities shall pass to the state and

become subject to the jurisdiction of the commission;

11. All contracts involving payments of more than five thousand

dollars, except for professional or financial advisory services or in

connection with the issuance of bonds or notes, shall be let to the

lowest responsible bidder by sealed proposals publicly opened after

public notice published at least once in the official newspapers of

Nassau county, at least ten days prior to the day on which sealed

proposals are to be opened; provided, however, the authority may reject

any and all proposals and may advertise for new proposals as above

provided if in its opinion the best interests of the authority will

thereby be promoted.

* NB (Authority abolished June 30, 1978)