2006 New York Code - Special Powers Of The Authority.



 
    §  2783.  Special  powers of the authority. In order to effectuate the
  purpose of this title:
    1. The authority may enter into  any  joint  service  arrangements  as
  hereinafter provided.
    2.  The  authority  may, on such terms and conditions as the authority
  may determine necessary, convenient or desirable, establish,  construct,
  effectuate,  operate,  manage,  maintain,  renovate,  improve, extend or
  repair any aviation facilities or pollution control facilities,  or  may
  provide  for  such establishment, construction, effectuation, operation,
  management, 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 the federal government, any
  state or  agency  or  instrumentality  thereof,  any  person  or  public
  corporation.  In  connection  with the operation of any such facilities,
  the authority may establish,  construct,  effectuate,  operate,  manage,
  maintain,  renovate,  improve,  extend  or  repair,  or  may  provide by
  contract,  lease   or   other   arrangement   for   the   establishment,
  construction,    effectuation,   operation,   management,   maintenance,
  renovation, improvement, extension or repair of any related services and
  activities it deems necessary, convenient or desirable.
    3. The authority may establish, fix, revise, levy and collect or cause
  to be established, fixed, revised, levied and collected and, in the case
  of a joint service arrangement, join with others in  the  establishment,
  fixing,  revision,  levy  and  collection of such fares, rentals, rates,
  charges, landing fees, concession fees and other fees  as  it  may  deem
  necessary,  convenient  or  desirable  for  the use and operation of any
  aviation facilities, and related services operated  or  managed  by  the
  authority  or  under  contract,  pollution  control facilities, lease or
  other  arrangement,  including  joint  service  arrangements,  with  the
  authority. Such fares, rentals, rates, charges, landing fees, concession
  fees  or  other  fees  shall  be at least sufficient at all times in the
  judgement of the authority to establish and maintain the  operations  of
  the  authority  on  a  self-sustaining  basis.  Such operations shall be
  deemed to be on a self-sustaining basis as required by this title,  when
  the  authority is able to pay or fund or cause to be paid or funded from
  revenues and any other funds actually available to  the  authority:  (a)
  the principal of, premium, if any, and the interest on outstanding bonds
  of  the  authority  as  the  same  shall  become due and payable and any
  capital or debt service reserve therefor and, to the extent required  by
  an  agreement between the county and the authority, the principal of and
  interest on any general obligations bonds, notes or  other  evidence  of
  indebtedness of the county issued for or allocable to any project of the
  authority  as  the  same  shall  become due and payable and any reserves
  therefor, (b) the cost  of  administering,  maintaining,  repairing  and
  operating  any  project  of  the authority, (c) the cost of constructing
  capital improvements thereto  pursuant  to  any  agreement  between  the
  county  and the authority, (d) any liabilities incurred for or allocable
  to any project of the authority including any liabilities of the  county
  assumed  by  the  authority pursuant to any agreement between the county
  and the  authority,  as  the  same  become  due  and  payable,  (e)  any
  requirements   of   any   agreement  including  those  relating  to  the
  establishment  of  reserves  for  renewal  and   replacement   and   for
  uncollected  fares,  rentals,  rates,  charges  and  fees  and covenants
  respecting rates and debt service and earnings coverage ratios, (f)  all
  other  reasonable  and  necessary expenses of the authority, and (g) the
  cost of such additional projects as may be now or hereafter  authorized,
  by law and agreed to by 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,  safety  and  security  of the public as it may deem necessary,
  convenient or desirable for the use, operation  and  management  of  any
  project  and  related  services  operated or managed by the authority or
  under contract, lease or  other  arrangement,  including  joint  service
  arrangements,  with  the authority. Such rules and regulations governing
  the conduct, safety and security of the public shall be filed  with  the
  department of state in the manner provided by section one hundred two of
  the  executive law. In the case of any conflict between any such rule or
  regulation of the authority governing the conduct, safety  and  security
  of  the  public  and  any local law, ordinance, rule or regulation, such
  rule or regulation of the authority shall prevail.
    5. The authority may do all things it deems necessary,  convenient  or
  desirable to manage, control and direct the maintenance and operation of
  aviation   facilities,  equipment  or  property  operated  by  or  under
  contract, lease or other arrangement with  the  authority.    Except  as
  agreed to pursuant to any agreement between the authority and any public
  corporation   and   except   as   hereinafter   specially  provided,  no
  municipality except for the county, shall  have  jurisdiction  over  any
  facilities  of the authority or any of its activities or operations. The
  authority shall provide for such  facilities  police,  fire  and  health
  protection services.
    6.  The authority may accept unconditional grants of money or property
  from any municipality the whole or any part of which municipality  shall
  be  served  or  to  be  served  by  an aviation facility operated by the
  authority. Such grants of money or property would be for the purpose  of
  assisting  the  authority  in meeting its capital or operating expenses.
  The acceptance of any such grant shall not operate to make the authority
  an agency of the municipality making the grant.
    7. In any instance where the county is required by law,  with  respect
  to an airport or any aviation facilities, to conduct a public hearing in
  connection  with  a  contract, lease, joint service arrangement, charge,
  fare, rental or fee, the authority shall not enter into  such  contract,
  lease,  joint service arrangement, or establish, fix, revise or levy any
  charge, fare, rental, landing fee, concession fee or  other  fee  unless
  and  until  the  authority has held a public hearing at which interested
  persons have had  an  opportunity  to  be  heard  concerning  the  same,
  provided,  however,  if  the  county  has  conducted a public hearing in
  connection with such contract, lease, joint service  agreement,  charge,
  fare,  rental  or  fee,  the  authority  shall not be required to hold a
  public hearing. Notice of such public hearing shall be published by  the
  authority  at  least ten days before the date set there for, in at least
  one newspaper of general circulation in the county.  Such  notice  shall
  set  forth  the date, time and place of such hearing and shall include a
  brief description of the matters to be considered at  such  meeting.  At
  all  such  hearings, any interested persons shall have an opportunity to
  be heard concerning the matters under consideration. Any decision of the
  authority on matters considered at  such  public  hearing  shall  be  in
  writing  and be made available in the office of the authority for public
  inspection during regular office hours.

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