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

Terms Used In N.Y. Public Authorities Law 528

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. To acquire, hold and dispose of personal property for its corporate purposes;

1-a. To hold in the name of the state any real property acquired for its corporate purposes and, with the approval of the commissioner, to sell, lease, exchange, or otherwise dispose of any real property or rights or easements therein, heretofore or hereafter acquired pursuant to the "state bridge authority act", determined by it to be not necessary for its corporate purposes, and shall accept ownership of the walkway over the Hudson bridge in the name of the state, and acquire such incidental roads, approaches, structures and facilities as may be necessary.

1-b. To accept from any person gifts of money or property for its corporate purposes.

2. To make by-laws for the management and regulation of its affairs;

3. With the consent of the commissioner to use the agents, employees and facilities of the department, paying its proper proportion of the compensation and expenses of such agents and employees and of the cost of such facilities;

4. To appoint officers, agents and employees and fix their compensation; subject, however, to the provisions of the civil service law, which shall apply to the authority as a municipal corporation other than a city;

5. To make contracts, and to execute all instruments necessary or convenient;

6. To conduct a study regarding traffic congestion and capacity needs in and around the Franklin Delano Roosevelt Mid-Hudson bridge and to make recommendations concerning reasonable alternatives designed to alleviate any known capacity deficiencies in and around such bridge. Such study shall include, but is not limited to an investigation to determine whether it is in the public interest to construct a new bridge over the Hudson river at or near the city of Poughkeepsie and in connection therewith to contract with engineers, surveyors, contractors and others for environmental review, preliminary plans, borings, surveys and estimates of cost, and if the authority by resolution, and the commissioner in writing filed with the authority, shall determine that the construction of such bridge is in the public interest, to construct such bridge at a location approved by the commissioner, on lands of the state of New York or lands to be acquired in the name of the state of New York as hereinafter provided, together with incidental roads, approaches, structures and facilities, subject to such consents and approval of federal authorities in any case as may be necessary.

7. To maintain, reconstruct, and operate the bridges so long as its corporate existence shall continue;

8. To charge tolls for the use of the bridges, with the exception of the walkway over the Hudson bridge, subject to and in accordance with such agreements with bondholders and noteholders as may be made as hereinafter provided, except, however, that subject to such agreements the rates of tolls charged on the Franklin Delano Roosevelt Mid-Hudson bridge, the Kingston Rhinecliff bridge, the Bear Mountain bridge, the Rip Van Winkle bridge, and the Hamilton Fish Newburgh-Beacon bridge shall be the same.

9. To construct and maintain over, or along the bridges, or either of them, telephone, telegraph or electric wires and cables, gas mains, water mains, and other mechanical equipment not inconsistent with the use of the bridges for vehicular traffic, to contract for such construction and to lease the right to construct and/or use the same on such terms and for such considerations as it shall determine, provided, however, that no lease shall be made for a period of more than ten years from the date when it is made;

10. To construct and maintain facilities for the public, not inconsistent with the appropriate use of the bridges, to contract for such construction, and to lease the right to construct and/or use such facilities on such terms and for such considerations as it shall determine, provided, however, that no lease shall be made for a period of more than ten years from the date when it is made;

10-a. Subject to the approval of the commissioner, to construct, reconstruct and improve highway connections to any of the bridges; the construction to be under the supervision and control of the commissioner as agent of the authority. Upon completion thereof, jurisdiction of such connections to be transferred by the authority to the commissioner who shall thereafter maintain such connections in the same manner as other highways maintained by the state;

10-b. To contribute and pay over such amount as the authority shall determine to any city for such city's share of the cost, including damages and expenses, to be borne by or charged against such city for the acquisition of real property acquired by the state within such city for state highways connecting with any of the bridges and approaches situated within a radius of one mile from the nearest bridge abutment.

11. To issue negotiable bonds and notes and to provide for the rights of the holders thereof;

12. To enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations;

13. To advertise the facilities and advantages of the bridges;

14. To appoint or designate one or more persons for the purpose of enforcing law, order and the observance of the rules and regulations established by the authority. Each person as and when so appointed or designated may, during the term of such appointment or designation be uniformed and shall be known as a "New York state bridge authority patrolman" and shall be a police officer as defined by paragraph (e) of subdivision thirty-four of § 1.20 of the criminal procedure law and shall have, within the limits of the cities, towns and villages within which any part of a bridge, or any ferry property, operated by the authority shall be located, all the powers of a constable, marshal, police constable or police officer of a city, town or village in the execution of criminal processes; and criminal process issued by any court or magistrate of a county, town, city or village within which any part of a bridge or any ferry property operated by the authority shall be located, may be directed to and executed by any such patrolman notwithstanding the provisions of any local or special act, ordinance or regulation.

15. To do all things necessary or convenient to carry out the powers expressly given in this title.

16. To accept grants, loans or contributions from the United States of America, the state of New York, or any agency or instrumentality of either of them and, subject to any agreement with bondholders or noteholders, to enter into contracts and to execute all instruments necessary or convenient or desirable in connection therewith, including, its bonds, notes or other obligation evidencing any such loan from the United States of America, the state of New York or any agency or instrumentality of either of them.

17. To enter into a lease or operating agreement, for a period not to exceed ninety-nine years, with the office of parks, recreation and historic preservation for all or a portion of the walkway over the Hudson bridge for the purpose of a state park. Such agreement may assign or allocate responsibility for the construction, operation, maintenance, replacement and management of the deck and approaches and structures providing public access to the state park, but the authority shall retain responsibility for maintaining the superstructure of the walkway over the Hudson bridge. The office of parks, recreation and historic preservation is authorized to enter into such agreement, which may include the installation and maintenance by the office of parks, recreation and historic preservation of any personal property and equipment used in connection therewith. The office of parks, recreation and historic preservation shall propose in its annual budget an amount for all costs and obligations under such agreement and these costs may be supplemented by private donations.