§ 39.09 Powers and duties of the commission. The commission shall have the following powers:

Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 39.09

  • Chief elected official: shall mean the chief executive officer of a municipality, or if there is none, any other officer possessing similar powers and duties. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • commission: shall mean the Niagara river greenway commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • greenway: shall mean a linear system of state and local parks and conservation areas linked by a network of multi use trails within the greenway area established by an approved plan of the commission as provided for in this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Municipality: means a county, city, town, village or local public benefit corporation located adjacent to the Niagara river. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • System: means the New York system of heritage areas established pursuant to section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01

1. To sue and be sued;

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

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

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

5. To appoint an executive officer, officers, agents and employees, to prescribe their qualifications and to fix their compensation and to pay the same out of funds of the commission;

6. To enter into contracts and leases, and to execute all instruments necessary or convenient with any person, firm, partnership or corporation, either public or private;

7. To accept gifts, grants, loans, or contributions from, and enter into contracts or other transactions with, the United States and the state or any commission of either of them, any municipality, any public or private corporation, individual or other legal entity, and to use any such gifts, grants, loans or contributions to advance any of its corporate purposes;

8. To designate the depositories of its money;

9. To establish and re-establish its fiscal year;

10. To prepare an annual report on the conduct of its activities which shall include a financial statement for that year and a work plan for the next year which may include an estimate of the resources required to complete the commission's activities to be sent to the governor, the temporary president of the senate, the speaker of the assembly and the chief elected official of each municipality adjacent to the Niagara river;

11. To contract with the state as an independent body corporate;

12. To organize and meet with a committee of planners for municipalities adjacent to the Niagara river regarding regional projects and the provision of planning services;

13. To designate districts and routes for planning and project purposes;

14. To create advisory committees to advise on matters of interest; provided, however, there shall be created at a minimum a local government advisory committee consisting of the chief elected official of each municipality adjacent to the Niagara river, or their designee, and a citizens' advisory committee consisting of representatives of local civic, commercial, educational, recreational, and conservation organizations; and

15. To do all things necessary or convenient to carry out its purposes and exercise the powers expressly given in this article; provided, however, that no power is provided to the commission to operate any portion of the greenway, to impose operating standards upon any component of the system, or to take property by eminent domain.

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