N.Y. Transportation Law § 43: Powers and duties

§ 43. Powers and duties. 1. Except as otherwise limited by this

article and by article five-I of the general municipal law, the Utica

transit authority shall have the following powers and duties, in

addition to the other powers granted in article five-I of the general

municipal law:

(a) To investigate transportation services in the municipality or

municipalities within its territorial jurisdiction and the means of

improving such services;

(b) To investigate to determine if there are inadequate and/or

substandard transportation services;

(c) To publish and disseminate information;

(d) To prepare or arrange for preparation of plans for carrying out

and operating municipal projects;

(e) To construct, reconstruct, improve, maintain or operate, or

provide for the construction, reconstruction, improvement, maintenance

or operation of any municipal project;

(f) To make and execute a contract or contracts for the acquisition by

purchase of all or any part of the property, plant and equipment of an

existing omnibus facility actually used and useful for the convenience

of the public within the Utica transit authority's jurisdiction;

(g) To request the municipality or municipalities within the Utica

transit authority's jurisdiction for such municipality or municipalities

to adopt appropriate local laws to authorize such municipality or

municipalities to acquire through eminent domain proceedings all

property which the Utica transit authority deems necessary for its

purposes which the Utica transit authority is unable to acquire without

the use of eminent domain proceedings and to reimburse such municipality

or municipalities for all costs and expenses incident to such

acquisition;

(h) To acquire, hold, clear and improve real property or any interest

therein for its corporate purposes;

(i) To acquire and hold personal property for its corporate purposes;

(j) To enter upon such real property as in the judgment of the Utica

transit authority may be necessary for the purpose of making surveys,

soundings, borings and examinations of whatever character to accomplish

any purpose authorized by this article, the Utica transit authority

being liable for actual damage done;

(k) To contract for expert technical and professional services;

(l) To have jurisdiction and control of each of its projects, with the

right and duty to establish and charge fares, fees, rentals, rates and

other charges, and to collect revenues therefrom;

(m) To sell, exchange, transfer, assign or mortgage any property or an

interest therein;

(n) In connection with any municipal project to lease or rent any of

the Utica transit authority's property or facilities which the Utica

transit authority deems advisable;

(o) To agree upon and contract with the municipality or municipalities

within the Utica transit authority's jurisdiction for the terms and

conditions of occupancy or use of any of the streets, roads, highways,

avenues, parks or public places of such municipality or municipalities;

(p) To petition and appear before local legislative bodies and

governmental regulatory agencies to seek authorization to provide new or

additional services or facilities, or to modify or terminate existing

services or facilities; including permission to provide charter service;

(q) To acquire or contract to acquire from any person, firm,

corporation or government by subsidy, contribution, gift, grant,

grant-in-aid, loan, bequest, devise or purchase any property or any

interest therein or financial assistance to be utilized in carrying out

any municipal project of the Utica transit authority;

(r) To borrow money and to issue bonds and to provide for the rights

of the holders thereof;

(s) To enter into collective bargaining agreements with labor

representatives duly elected or recognized by the employees of the Utica

transit authority;

(t) To insure or provide for the insurance of the Utica transit

authority's property or operations as required by law and also against

such other risks as the Utica transit authority may deem advisable;

(u) To limit by contract the exercise of any of the Utica transit

authority's powers;

(v) To invest any funds held in reserves or sinking funds, or any

funds not required for immediate disbursement in property or securities

in which savings banks may legally invest funds subject to their

control;

(w) To make and from time to time amend and repeal by-laws, rules and

regulations not inconsistent with the provisions of this article for the

management and regulation of its affairs and for the regulation of its

municipal projects;

(x) To conduct examinations and investigations, hear testimony and

take proof under oath at public or private hearings on any material

matter, require the attendance of witnesses and the production of books

and papers and issue commissions for the examination of witnesses who

are out of the state, unable to attend, or excused from attendance;

(y) To authorize a committee designated by the Utica transit authority

consisting of one or more members, or counsel, or any officer or

employee to conduct any such investigation or examination, in which case

such committee, counsel, officer or employee shall have power to

administer oaths, take affidavits and issue subpoenas or commissions;

(z) To enter into agreements of cooperation with or for the rendition

of service to or from a federal, state or municipal governmental agency;

(aa) To sue and be sued;

(bb) To have a seal and alter the same at pleasure;

(cc) To have perpetual succession;

(dd) To make and execute contracts and other instruments necessary or

convenient to the exercise of the Utica transit authority's powers;

(ee) To conduct operations customarily considered ancillary to

rendering transportation services;

(ff) To do all things necessary or convenient to carry out the Utica

transit authority's powers.

(gg) 1. In order to effectuate the purposes of this article the

authority may acquire, hold, own, lease, establish, construct,

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

of its facilities through, and cause any one or more of its powers,

duties, functions or activities to be exercised or performed by, one or

more wholly owned subsidiary corporations of the authority and may

transfer to or from any such corporation, or between such corporations,

any moneys, real property or other property or the services of any

officers, employees or consultants for any of the purposes of this

article. The directors or members of each such subsidiary corporation

shall be the same persons holding the offices of members of the

authority. Each such subsidiary corporation and any of its property,

functions and activities shall have all of the privileges, immunities,

tax exemptions and other exemptions of the authority and of the

authority's property, functions and activities. Each such subsidiary

corporation shall be subject to the restrictions and limitations to

which the authority may be subject. Each such subsidiary corporation

shall be subject to suit in accordance with section sixty-two of this

chapter. The employees of any such subsidiary corporation, except those

who are also employees of the authority, shall not be deemed employees

of the authority.

2. If the authority shall determine that one or more of its subsidiary

corporations should be in the form of a public benefit corporation, it

shall create each such public benefit corporation by executing and

filing with the secretary of state a certificate of incorporation, which

may be amended from time to time by filing, which shall set forth the

name of such public benefit subsidiary corporation, its duration, the

location of its principal office, and any or all of the purposes of

acquiring, owning, leasing, establishing, constructing, effectuating,

operating, maintaining, renovating, improving, extending or repairing

one or more facilities of the authority. Each such public benefit

subsidiary corporation shall be a body politic and corporate and shall

have all those powers vested in the authority by the provisions of this

article which the authority shall determine to include in its

certificate of incorporation except the power to contract indebtedness.

3. Notwithstanding any other provision of law, the authority may elect

to maintain consolidated records of account for itself and its

subsidiary corporations and to report on a consolidated basis with

regard to the moneys and activities of the authority and its subsidiary

corporations, and the authority shall not be required to keep separate

records of account for or to report separately with regard to moneys or

activities of any of its subsidiary corporations or of the authority

itself apart from its subsidiary corporations or with regard to

transfers of property or services between the authority and its

subsidiary corporations or between said subsidiary corporations.

4. Notwithstanding section one hundred thirteen of the retirement and

social security law or any other general, special or local law, the

authority or its subsidiary created pursuant to the provisions of this

subdivision, shall continue to provide to persons in its employ who were

employed by public transportation facilities heretofore acquired by the

authority or who have been employed by the authority, the city of Utica

or the Utica transit commission prior to and after May twentieth,

nineteen hundred seventy, any retirement, disability, death or other

benefits provided or required pursuant to any agreement, including an

agreement with a labor union of which its employees are members, and the

authority or its subsidiary created pursuant to this section, is hereby

authorized to retroactively or in the future to make such contributions

as may be necessary to provide such benefits pursuant to the provisions

of chapter one thousand thirty-eight of the laws of nineteen hundred

seventy, and any and all payments heretofore made by the authority in

compliance with the terms of any contract between the authority or its

predecessors in title, and the Amalgamated Association of Street,

Electric and Motor Coach Employees of America, Division 582 of Utica,

New York, including the trust agreement between said Division 582 and

the Oneida National Bank & Trust Company of Utica, New York, as trustee,

originally dated December thirtieth, nineteen hundred fifty-seven, and

subsequent amendatory agreements thereof, shall be and hereby are

ratified and confirmed.

5. Whenever any state, political subdivision, municipality,

commission, agency, officer, department, board, division or person is

authorized and empowered for any of the purposes of this article to

cooperate and enter into agreements with the authority, such state,

political subdivision, municipality, commission, agency, officer,

department, board, division or person shall have the same authorization

and power for any of such purposes to cooperate and enter into

agreements with a subsidiary corporation of the authority.

2. The Utica transit authority shall file in the office of the

commissioner annual reports which shall be open to public inspection.

Such reports shall include, in addition to any information which the

commissioner may require, a statement with respect to each completed

municipal project owned or operated by the Utica transit authority the

following data:

(a) Cost breakdown of real property acquired for the project;

(b) Cost breakdown in appropriate units of facilities acquired for the

project;

(c) Operating revenues;

(d) Operating expenses;

(e) Number or estimated number of persons utilizing the project

facility.