2012 New York Consolidated Laws
PBA - Public Authorities
Article 3 - BRIDGE AND TUNNEL AUTHORITIES
Title 7 - (651 - 668) NASSAU COUNTY BRIDGE AUTHORITY
654 - Powers of the authority.


NY Pub Auth L § 654 (2012) What's This?
 
    § 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.

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