N.Y. Public Authorities Law § 654: Powers of the authority

§ 654. Powers of the authority. The authority shall have power

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To acquire, hold and dispose of personal property for its corporate

purposes;

4. To acquire in the name of the county by purchase or condemnation,

and use real property necessary or convenient for its corporate

purposes, including real property of municipal corporations, public

utilities and railroads. All real property acquired by the authority by

condemnation shall be acquired in the manner provided in the eminent

domain procedure law, or in the Nassau county administrative code. The

power to acquire real property hereby granted shall include the power to

acquire Atlantic beach bridge and any or all rights or franchises

connected with the operation of said bridge which it may be necessary or

convenient for the authority to acquire;

* 4. a. To acquire in the name of the county by purchase, lease or

gift, and use real property necessary or convenient for its corporate

purposes, including real property of municipal corporations, public

utilities and railroads except that no real property may be acquired by

the authority for any park, playground, beach or other recreational

facility which is not owned by the county of Nassau on April first,

nineteen hundred seventy-three, and such real property must be located

within the county of Nassau and, in addition, must be located within one

mile and one-half from any point of the Atlantic Beach bridge. The power

to acquire real property hereby granted shall include the power to

acquire Atlantic beach bridge and any or all rights or franchises

connected with the operation of said bridge which it may be necessary or

convenient for the authority to acquire;

b. The Nassau county bridge authority, having been granted the power

to acquire real property owned by the county of Nassau for a park,

playground, beach or other recreational facility, shall have the power

and authority with respect to such property, to pay or transfer out of

any authority funds available to it, annual sums in lieu of taxes to the

affected taxing jurisdiction, in order that no inequitable loss of

revenue shall be suffered by virtue of such park, playground, beach or

other recreational facility; provided further, that the amount so paid

or transferred for any year shall not exceed the sum last levied for the

benefit of such taxing jurisdiction as an annual tax on such property

prior to the time of its acquisition for such purpose or purposes;

c. As used in this subdivision, the term "taxing jurisdiction" means

any municipal corporation or district corporation, including any school

district or any special district, having the power to levy and collect

taxes and benefit assessments upon real property which has been acquired

by the authority for park, playground, beach or other recreational

facility purpose, or in whose behalf such taxes or benefit assessments

may be levied or collected.

* NB Expired June 30, 1976

5. To make by-laws for the management and regulation of its affairs,

and subject to agreements with the noteholders and bondholders, for the

regulation of the use of the project and the establishment and

collection of tolls, fees, rentals and other charges;

6. With the consent of the county to use agents, employees and

facilities of the county, including the county attorney, paying to the

county its agreed proportion of the compensation or costs;

7. To appoint officers, agents and employees, to prescribe their

qualifications and to fix their compensation; subject, however, to the

provisions of the civil service law, as hereinafter provided;

8. To make contracts, and to execute all instruments necessary or

convenient;

9. To construct a new bridge across Reynolds channel, together with

the approaches thereto, and all structures and facilities necessary or

convenient in connection therewith. Such new bridge shall be in the

county of Nassau within one-half mile of the Atlantic beach bridge.

Pursuant to an agreement with, or the consent of, the city of New York,

the authority shall have power (but shall be under no obligation except

as provided in any such agreement), to design, construct, reconstruct,

widen, grade, surface and otherwise improve, existing or new roads,

streets, avenues, parkways or service roads in said city as approaches

to or connections with said new bridge on lands or rights of way now

owned or hereafter acquired by said city. Such agreement may provide for

the improvements to be made by the authority and the city, respectively,

for the acquisition of land or rights of way by the city, for the part

or share of the cost of such improvements and acquisitions to be paid by

the authority and the city, respectively, and for the manner of payment

thereof. The city shall maintain all the roads, streets, avenues,

parkways and service roads so improved and shall pay the cost and

expense thereof.

9-a. To relocate Bannister creek to the east of its present location,

in case such relocation is necessary or desirable.

10. To reconstruct, improve, maintain and operate the project or part

or parts thereof;

11. After the acquisition of the Atlantic Beach bridge and after the

construction of a new bridge over Reynolds channel in its discretion to

demolish and take down the Atlantic Beach bridge.

12. To accept grants, loans or highway contributions from the United

States, the state of New York, or any agency or instrumentality of

either of them and to expend the proceeds for any corporate purposes;

13. To fix and collect tolls, fees, rentals and other charges for the

use of the project subject to and in accordance with such agreements

with noteholders and bondholders as may be made as hereinafter provided;

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

project telephone, telegraph, or electric wires and cables, gas mains,

water mains and other mechanical equipment not inconsistent with the

appropriate use of the project and to contract for such construction and

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

such considerations as it shall determine; provided, however, that no

such lease shall be made except with the approval of the county

legislature nor for a period of more than twenty years from the date

when it is made;

15. To construct and maintain facilities for the public, not

inconsistent with the use of the project, to contract for such

construction, and to lease the right to construct or use such facilities

on such terms and for such considerations as it shall determine;

provided, however, that no such lease shall be made for a period of more

than five years except with the approval of the county legislature, nor,

with such approval, for a period of more than twenty years from the date

when it is made.

16. To lease property of the authority to the Atlantic Beach fire

district or its designee for the purpose of constructing and operating a

rescue station on such property; provided, however, that no such lease

shall be made except with the approval of the county legislature nor for

a period of more than thirty years from the date when it is made.