N.Y. Public Authorities Law § 2642-f: Special powers of the authority

§ 2642-f. Special powers of the authority. In order to effectuate the

purposes of this title: 1. The authority may acquire, by purchase, gift,

grant, transfer, contract or lease, any railroad facility, wholly or

partially within the counties of Chautauqua, Cattaraugus, Allegany and

Steuben or any part thereof, or the use thereof, and may enter into any

joint service arrangements as provided in this section. Any such

acquisition or joint service arrangement shall be authorized only by

resolution of the authority approved by not less than a majority of the

whole number of voting members of the authority. In addition to and not

in limitation of any other power conferred upon the authority by the

provisions of this title, the authority is hereby empowered and

authorized in respect of any property and assets at any time owned or

held by, or under the jurisdiction of, the state, the Commonwealth, any

political subdivision thereof, or any private or other public concern,

to accept and receive any such interest therein as it may have been or

may hereafter be designated by the state, the Commonwealth, any

political subdivision thereof, or any other public or private concern,

by law or other lawful means to receive, and in respect thereof, except

as otherwise provided by the designating statute or contractual

instrument, it shall have and exercise all of the powers and

jurisdiction herein conferred upon it in respect of any other property,

rights, assets, facilities and projects in any other manner acquired or

from any other source received by it pursuant to the provisions of this

title.

2. The authority may on such terms and conditions as the authority may

determine necessary, convenient or desirable itself establish,

construct, effectuate, operate, maintain, renovate, improve, extend or

repair any such railroad facility, or may provide for such

establishment, construction, effectuation, operation, maintenance,

renovation, improvement, extension or repair by contract, lease, or

other arrangement on such terms as the authority may deem necessary,

convenient or desirable with any person, including, but not limited to,

any common carrier or freight forwarder or other private for-profit

firm, the state, the Commonwealth, any agency or the state or

Commonwealth, the federal government, any other state or agency or

instrumentality thereof, any non-profit corporation, any public

authority of this or any other state or any political subdivision or

municipality of the state. In connection with the operation of any such

railroad facility, the authority may establish, construct, effectuate,

operate, maintain, renovate, improve, extend or repair or may provide by

contract, lease or other arrangement for the establishment,

construction, effectuation, operation, maintenance, renovation,

improvement, extension or repair of any related services and activities

it deems necessary, convenient or desirable, including, but not limited

to, the transportation and storage of freight and the United States

mail, feeder and connecting transportation, parking areas,

transportation centers, stations and related facilities.

3. The authority may establish, levy and collect or cause to be

established, levied and collected and, in the case of a joint service

arrangement, join with others in the establishment, levy and collection

of such fares, tolls, rentals, rates, charges and other fees as it may

deem necessary, convenient or desirable for the use and operation of any

railroad facility and related services operated by the authority or

under contract, lease or other arrangement, including joint service

arrangements, with the authority.

4. The authority may establish and, in the case of joint service

arrangements, join with others in the establishment of such schedules

and standards of operations and such other rules and regulations

including but not limited to rules and regulations governing the conduct

and safety of the public as it may deem necessary, convenient or

desirable for the use and operation of any railroad facility and related

services operated by the authority or under contract, lease or other

arrangement, including joint service arrangements, with the authority.

5. The authority may acquire, hold, own, lease, establish, construct,

effectuate, operate, maintain, renovate, improve, extend or repair any

of its facilities.

6. The authority, in its own name, may apply for and receive and

accept grants of property, money and services and other assistance

offered or made available to it by any person, government or agency

which it may use to meet capital or operating expenses and for any other

use within the scope of its powers, and to negotiate for the same upon

such terms and conditions as the authority may determine to be

necessary, convenient or desirable.

7. The authority may do all things it deems necessary, convenient or

desirable to manage, control and direct the maintenance and operation of

railroad facilities, equipment or real property operated by or under

contract, lease or other arrangement with the authority. Except as

hereinafter specially provided, no municipality or political

subdivision, including but not limited to a county, city, village, town

or school or other district shall have jurisdiction over any facilities

of the authority or any of its activities or operations. The local laws,

resolutions, ordinances, rules and regulations of a municipality or

political subdivision in the state conflicting with this title or any

rule or regulation of the authority, shall not be applicable to the

activities or operations of the authority, or the facilities of the

authority, except such facilities that are devoted to purposes other

than transportation purposes. The authority may agree with the New York

state department of transportation for the execution by such department

of any grade crossing elimination project or any grade crossing

separation reconstruction project along any railroad facility operated

by the authority or under contract, lease or other arrangement with the

authority. Any such project shall be executed as provided in article ten

of the transportation law and the railroad law, respectively, and the

costs of any such project shall be borne as provided in such laws.