LBD15633-03-4
S. 9569--A 2
2676-R. CODE OF ETHICS.
2676-S. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES.
2676-T. AUDIT AND ANNUAL REPORT.
2676-U. LIMITED LIABILITY.
2676-V. TRANSFER OF APPLICATIONS, PROCEEDINGS, APPROVALS, AND
PERMITS.
2676-W. SEPARABILITY.
2676-X. EFFECT OF INCONSISTENT PROVISIONS.
§ 2676. SHORT TITLE. THIS TITLE MAY BE CITED AS THE "ALBANY COUNTY
PINE HILLS LAND AUTHORITY ACT".
§ 2676-A. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLA-
TURE HEREBY FINDS AND DECLARES AS FOLLOWS:
1. THE ECONOMIC WELL-BEING OF THE COUNTY AND THE GENERAL WELFARE OF
ITS PEOPLE REQUIRE ADEQUATE, AND ACCESSIBLE PERFORMING ARTS CENTERS,
ATHLETIC FIELDS, EDUCATIONAL FACILITIES, AND RESIDENTIAL FACILITIES.
2. THE PRESERVATION AND SAFEGUARDING OF FACILITIES AT RISK OF BEING
UNDERUTILIZED AND BECOMING BLIGHTED IS A MATTER OF VITAL IMPORTANCE NOT
ONLY TO THE RESIDENTS OF THE CAPITAL DISTRICT BUT TO ALL THE STATE'S
RESIDENTS AND IS, THEREFORE, A MATTER OF STATE CONCERN.
3. IN ORDER TO ENSURE A HEALTHY ECONOMY FOR SUCH AREA AND TO PROMOTE
THE GENERAL WELFARE OF ITS RESIDENTS, IT IS NECESSARY TO MAINTAIN AND
IMPROVE THE COLLEGE OF SAINT ROSE FACILITIES AND SERVICES IN THE COUNTY
OF ALBANY IN SUCH A MANNER AS TO STIMULATE AND PROMOTE A HEALTHY ECONO-
MY.
4. THE GENERAL HEALTH AND WELFARE OF THE STATE'S RESIDENTS REQUIRES
COORDINATED OPERATION OF THE COLLEGE OF SAINT ROSE FACILITIES AND
SERVICES IN THE COUNTY OF ALBANY BY A PUBLIC BENEFIT AUTHORITY.
5. THE PURPOSES OF SUCH AUTHORITY SHALL BE: (A) TO PROMOTE ACCESSIBLE,
EFFICIENT AND ECONOMICALLY PRODUCTIVE USE OF THE FACILITIES; (B) TO
ACQUIRE, CONSTRUCT, RECONSTRUCT, CONTINUE, DEVELOP, EQUIP, EXPAND,
IMPROVE, MAINTAIN, FINANCE, AND OPERATE THE COLLEGE OF SAINT ROSE FACIL-
ITIES AND SERVICES WITHIN THE COUNTY OF ALBANY; (C) TO STIMULATE AND
PROMOTE ECONOMIC DEVELOPMENT; AND (D) TO MAKE CONTRACTS AND LEASES AND
TO EXECUTE ALL INSTRUMENTS NECESSARY OR CONVENIENT FOR ITS CORPORATE
PURPOSES.
6. SUCH PURPOSES ARE IN ALL RESPECTS PUBLIC PURPOSES FOR THE BENEFIT
OF THE PEOPLE OF THE STATE OF NEW YORK AND FOR WHICH PUBLIC FUNDS MAY BE
EXPENDED AND BOTH THE COUNTY AND THE AUTHORITY IN CARRYING OUT THEIR
RESPECTIVE POWERS AND DUTIES UNDER THIS TITLE SHALL BE DEEMED TO BE
ACTING IN A GOVERNMENTAL CAPACITY. THE ACQUISITION, CONSTRUCTION, RECON-
STRUCTION, DEVELOPMENT, EXPANSION, IMPROVEMENT, EQUIPPING, OPERATION AND
MAINTENANCE OF ANY PROJECT FINANCED OR UNDERTAKEN BY THE AUTHORITY OR
THE COUNTY SHALL BE DEEMED TO BE THE PERFORMANCE OF AN ESSENTIAL GOVERN-
MENTAL FUNCTION BY THE AUTHORITY OR THE COUNTY ACTING IN ITS GOVERN-
MENTAL CAPACITY, WHETHER SUCH PROJECT SHALL BE OWNED OR OPERATED BY THE
AUTHORITY OR BY ANY PERSON OR PUBLIC CORPORATION.
7. IT IS HEREBY FOUND AND DECLARED THAT IT HAS BEEN AND REMAINS THE
POLICY OF THE STATE OF NEW YORK TO PROMOTE EQUAL OPPORTUNITY IN EMPLOY-
MENT FOR ALL PERSONS, WITHOUT DISCRIMINATION ON ACCOUNT OF RACE, CREED,
COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL STATUS, TO
PROMOTE EQUALITY OF ECONOMIC OPPORTUNITY FOR MINORITY GROUP MEMBERS AND
WOMEN, AND MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
§ 2676-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" SHALL MEAN THE ALBANY COUNTY PINE HILLS LAND AUTHORITY
CREATED BY THIS TITLE.
S. 9569--A 3
2. "CITY" SHALL MEAN THE CITY OF ALBANY.
3. "THE COLLEGE OF SAINT ROSE FACILITIES" SHALL MEAN ANY FACILITY OR
LAND INCLUDING BUT NOT LIMITED TO ANY ATHLETIC FACILITY, EDUCATIONAL
FACILITY, PERFORMING ARTS FACILITY, OR RESIDENTIAL FACILITY OWNED OR
OPERATED BY THE COLLEGE OF SAINT ROSE, AND SHALL INCLUDE SUCH OTHER
FACILITIES, EQUIPMENT, PROPERTY, STRUCTURES AND APPURTENANCES AS MAY BE
NECESSARY OR CONVENIENT IN THE OPERATION, MAINTENANCE, DEVELOPMENT OR
IMPROVEMENT OF, LEASED BY THE AUTHORITY TO PERSONS, ENGAGED IN THE
PRODUCTION OR DEVELOPMENT OF THE FACILITIES OR LAND.
4. "BONDS" SHALL MEAN THE BONDS, NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE AND THE PROVISIONS
OF THIS TITLE RELATING TO BONDS AND BOND HOLDERS WHICH SHALL APPLY WITH
EQUAL FORCE AND EFFECT TO NOTES AND NOTE HOLDERS UNLESS THE CONTEXT
OTHERWISE CLEARLY REQUIRES.
5. "CONSTRUCTION" SHALL MEAN THE ACQUISITION, ERECTION, BUILDING,
ALTERATION, REPAIR, IMPROVEMENT, INCREASE, ENLARGEMENT, EXTENSION,
INSTALLATION, RECONSTRUCTION, RENOVATION OR REHABILITATION OF A PROJECT
INCLUDING ANY APPURTENANCES THERETO WHICH MAY BE NECESSARY OR DESIRABLE
TO PROMOTE THE EFFICIENCY OR EFFECTIVENESS OF SUCH PROJECT; THE
INSPECTION AND SUPERVISION THEREOF; AND THE ENGINEERING, CONSULTING,
ARCHITECTURAL, LEGAL, FISCAL AND ECONOMIC AND ENVIRONMENTAL INVESTI-
GATIONS AND STUDIES, SURVEYS, DESIGNS, PLANS, WORKING DRAWINGS, SPECIFI-
CATIONS, PROCEDURES AND OTHER ACTIONS INCIDENTAL THERETO AND CLAIMS
ARISING THEREFROM.
6. "COST", AS APPLIED TO ANY PROJECT, SHALL INCLUDE THE COST OF THE
ACQUISITION OF ALL PROPERTY BOTH REAL AND PERSONAL, IMPROVED AND UNIM-
PROVED, THE COST OF DEMOLISHING, REMOVING OR RELOCATING ANY BUILDINGS OR
STRUCTURES ON LANDS SO ACQUIRED, INCLUDING THE COST OF RELOCATING
TENANTS OR OTHER OCCUPANTS OF THE BUILDINGS OR STRUCTURES ON SUCH LAND
AND THE COST OF ACQUIRING ANY LANDS TO WHICH SUCH BUILDINGS OR STRUC-
TURES MAY BE MOVED OR RELOCATED, THE COST OF ALL SYSTEMS, FACILITIES,
MACHINERY, APPARATUS AND EQUIPMENT, FINANCING CHARGES, INTEREST PRIOR
TO, DURING AND AFTER CONSTRUCTION TO THE EXTENT NOT PAID OR PROVIDED FOR
FROM REVENUES OR OTHER SOURCES, THE COST OF CONSTRUCTION, THE COST OF
ENGINEERING AND ARCHITECTURAL SURVEYS, PLANS AND SPECIFICATIONS, THE
COST OF CONSULTANTS AND LEGAL SERVICES, THE COST OF LEASE, GUARANTEES,
CREDIT ENHANCEMENT OR BOND INSURANCE, OTHER EXPENSES NECESSARY OR INCI-
DENTAL TO THE CONSTRUCTION OF SUCH PROJECT, AND THE FINANCING OF THE
CONSTRUCTION THEREOF, INCLUDING THE AMOUNT AUTHORIZED IN THE RESOLUTION
OF THE AUTHORITY PROVIDING FOR THE ISSUANCE OF BONDS TO BE PAID INTO ANY
RESERVE OR OTHER SPECIAL FUND FROM THE PROCEEDS OF SUCH BONDS AND THE
FINANCING OF THE PLACING OF ANY PROJECT IN OPERATION, INCLUDING
REIMBURSEMENT, TO ANY PUBLIC CORPORATION, THE STATE, THE FEDERAL GOVERN-
MENT, OR ANY OTHER PERSON FOR EXPENDITURES, THAT WOULD BE COSTS OF SUCH
PROJECT HAD THEY BEEN MADE DIRECTLY BY THE AUTHORITY.
7. "COUNTY" SHALL MEAN THE COUNTY OF ALBANY.
8. "FACILITY" SHALL INCLUDE, BUT NOT BE LIMITED TO, PROPERTIES, STRUC-
TURES, APPURTENANCES, UTILITIES, AND SUCH OTHER WORKS.
9. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF AMERICA, AND
ANY DEPARTMENT, BOARD, COMMISSION, BUREAU, DIVISION, CORPORATION, AGEN-
CY, OR INSTRUMENTALITY THEREOF.
10. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR
AMONG THE AUTHORITY AND ANY PERSON, THE STATE, THE COUNTY, ANY OTHER
PUBLIC CORPORATION INCLUDING THE ADVANCE ALBANY COUNTY ALLIANCE, THE
FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY THERE-
OF, RELATING TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES,
S. 9569--A 4
RATES, CLASSIFICATION, DIVISIONS, ALLOWANCES OR CHARGES, OR RULES OR
REGULATIONS PERTAINING THERETO.
11. "MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE" OR "MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A MINORITY-OWNED BUSINESS
ENTERPRISE AND/OR A WOMEN-OWNED BUSINESS ENTERPRISE, AS SUCH TERMS ARE
DEFINED BY SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
12. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE, OR SCHOOL
DISTRICT.
13. "PERSON" SHALL MEAN ANY NATURAL PERSON, FIRM, PARTNERSHIP ASSOCI-
ATION, JOINT VENTURE, OR CORPORATION, EXCLUSIVE OF A PUBLIC CORPORATION.
14. "PERSONAL PROPERTY" SHALL MEAN CHATTELS AND OTHER TANGIBLE THINGS
OF A MOVEABLE OR REMOVABLE NATURE.
15. "PROPERTY" SHALL MEAN BOTH REAL AND/OR PERSONAL PROPERTY.
16. "PROJECT" SHALL MEAN ANY PROPERTY OR IMPROVEMENTS LOCATED WITHIN
THE STATE OF NEW YORK AND WITHIN OR OUTSIDE OR PARTIALLY OUTSIDE THE
COUNTY OF ALBANY, INCLUDING, BUT NOT LIMITED TO, MACHINERY, EQUIPMENT,
AND OTHER FACILITIES DEEMED NECESSARY OR DESIRABLE IN CONNECTION THERE-
WITH, OR INCIDENTAL THERETO, WHETHER OR NOT IN EXISTENCE OR UNDER
CONSTRUCTION UPON THE EFFECTIVE DATE OF THIS TITLE, WHICH SHALL BE
NECESSARY OR SUITABLE FOR PURPOSES AND REDEVELOPMENT OF THE COLLEGE OF
SAINT ROSE FACILITIES PROVIDED, HOWEVER, THE AUTHORITY SHALL NOT USE ITS
FUNDS IN RESPECT OF ANY PART OF A PROJECT LOCATED WHOLLY OR PARTIALLY
OUTSIDE THE COUNTY WITHOUT THE PRIOR CONSENT THERETO BY THE GOVERNING
BODY OF ANY OTHER COUNTY IN WHICH A PART OR PARTS OF SUCH PROJECT IS, OR
IS TO BE LOCATED.
17. "PUBLIC CORPORATION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE,
SCHOOL DISTRICT OR SPECIAL DISTRICT, ANY PUBLIC BENEFIT CORPORATION,
AGENCY OR INSTRUMENTALITY OF THE STATE OR OF ANY MUNICIPALITY, OR TWO OR
MORE OF ANY OF THE FOREGOING ACTING JOINTLY.
18. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
INTERESTS IN LAND, AIRSPACE, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS,
RIGHTS, ANY FIXTURES, EQUIPMENT AND ARTICLES OF PERSONAL PROPERTY
AFFIXED TO OR USED IN CONNECTION THEREWITH, AND ANY AND ALL THINGS AND
RIGHTS INCLUDED WITHIN SUCH TERM AND INCLUDES NOT ONLY FEES SIMPLE ABSO-
LUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUDING BUT NOT LIMITED TO
EASEMENTS, RIGHTS OF WAY, USES, LEASES, LICENSES AND ALL OTHER INCORPO-
REAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITA-
BLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON BY WAY OF JUDGMENTS,
MORTGAGES, OR OTHERWISE.
19. "REVENUES" SHALL MEAN ALL RATES, FEES, RENTS, REVENUES, CHARGES,
AND OTHER INCOME DERIVED BY THE AUTHORITY FROM THE OPERATION, LEASING,
SALE, OR OTHER DISPOSITION OF THE COLLEGE OF SAINT ROSE RELATED FACILI-
TIES.
20. "STATE" SHALL MEAN THE STATE OF NEW YORK.
§ 2676-C. ALBANY COUNTY PINE HILLS LAND AUTHORITY. 1. THERE IS HEREBY
CREATED THE ALBANY COUNTY PINE HILLS LAND AUTHORITY. THE AUTHORITY SHALL
BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPO-
RATION. THE AUTHORITY SHALL CONSIST OF SEVEN MEMBERS WHO SHALL BE RESI-
DENTS OF THE COUNTY OF ALBANY. SUCH MEMBERS SHALL BE APPOINTED IN THE
FOLLOWING MANNER: FOUR SHALL BE APPOINTED BY THE COUNTY EXECUTIVE, TWO
SHALL BE APPOINTED BY THE CHAIRPERSON OF THE COUNTY LEGISLATURE, AND ONE
SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF ALBANY. OF THE MEMBERS OF
THE AUTHORITY INITIALLY APPOINTED BY THE COUNTY EXECUTIVE, TWO SHALL
SERVE FOR A TERM ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AND TWO SHALL SERVE FOR A TERM ENDING DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-NINE. OF THE MEMBERS OF THE AUTHORITY INITIALLY APPOINTED BY
S. 9569--A 5
THE CHAIRPERSON OF THE COUNTY LEGISLATURE, ONE SHALL SERVE FOR A TERM
ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT AND ONE SHALL
SERVE FOR A TERM ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
THE MEMBER OF THE AUTHORITY INITIALLY APPOINTED BY THE MAYOR OF THE CITY
OF ALBANY SHALL SERVE FOR A TERM ENDING DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-EIGHT. THEREAFTER, EACH MEMBER OF THE AUTHORITY SHALL SERVE
A TERM OF FOUR YEARS. THE MEMBERS OF THE AUTHORITY, ONCE APPOINTED,
SHALL DESIGNATE ONE OF THE SEVEN MEMBERS OF THE AUTHORITY TO SERVE AS
THE CHAIRPERSON OF THE AUTHORITY. THE AUTHORITY MAY PROVIDE FOR SUCH
OFFICERS AS MAY BE DETERMINED NECESSARY AND THE SAME NEED NOT BE MEMBERS
OF THE AUTHORITY.
2. ALL MEMBERS OF THE AUTHORITY SHALL CONTINUE TO HOLD OFFICE UNTIL
THEIR SUCCESSORS ARE APPOINTED AND QUALIFY. EXCEPT AS OTHERWISE PROVIDED
IN SUBDIVISION THREE OF THIS SECTION, VACANCIES OF MEMBERS OF THE
AUTHORITY SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINT-
MENT. SUCH VACANCIES, OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM OF
OFFICE, SHALL BE FILLED FOR THE UNEXPIRED TERMS. MEMBERS OF THE AUTHORI-
TY MAY BE REMOVED FROM OFFICE FOR THE SAME REASONS AND IN THE SAME
MANNER AS MAY BE PROVIDED BY LAW FOR THE REMOVAL OF OFFICERS OF THE
COUNTY. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED FOR ALL THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN CONNECTION WITH THE CARRYING OUT OF THE
PURPOSES OF THIS TITLE. THE POWERS AS SET FORTH IN THE BY-LAWS OF THE
AUTHORITY SHALL BE ESTABLISHED AND VESTED IN AND BE EXERCISED BY THE
MEMBERS OF THE AUTHORITY AT AN INITIAL MEETING DULY CALLED AND HELD AND
FOUR MEMBERS OF THE AUTHORITY SHALL CONSTITUTE A QUORUM. NO ACTION SHALL
BE TAKEN AT THE INITIAL MEETING OF THE AUTHORITY OR ANY ADJOURNMENT
THEREOF EXCEPT PURSUANT TO THE FAVORABLE VOTE OF AT LEAST FOUR MEMBERS
OF THE AUTHORITY. ANY AMENDMENT TO THE POWERS OF THE AUTHORITY AS SET
FORTH IN THE BY-LAWS OF THE AUTHORITY SHALL ONLY BECOME EFFECTIVE UPON
THE FAVORABLE VOTE OF AT LEAST FOUR MEMBERS OF THE AUTHORITY.
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER, MEMBER, OR
EMPLOYEE OF THE STATE OR OF ANY PUBLIC CORPORATION SHALL FORFEIT SUCH
OFFICER'S, MEMBER'S, OR EMPLOYEE'S OFFICE OR EMPLOYMENT BY REASON OF
SUCH OFFICERS', MEMBER'S, OR EMPLOYEE'S ACCEPTANCE OF APPOINTMENT AS A
MEMBER, OFFICER, OR EMPLOYEE OF THE AUTHORITY, NOR SHALL SERVICE AS SUCH
MEMBER, OFFICER, OR EMPLOYEE BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH
SUCH OFFICE, MEMBERSHIP, OR EMPLOYMENT.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION, OR CHARTER, NO OFFICER, MEMBER,
ELECTED OFFICIAL OR EMPLOYEE OF THE COUNTY OF ALBANY OR THE CITY OF
ALBANY SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF THE AUTHORITY.
5. ALL MEMBERS OF THE AUTHORITY SHALL BE REQUIRED TO COMPLY WITH THE
ALBANY COUNTY CODE OF ETHICS AND TO COMPLETE ALL DISCLOSURE FORMS
REQUIRED BY SUCH CODE OF ETHICS.
6. THE AUTHORITY AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL
TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH TERMINATION SHALL
TAKE EFFECT SO LONG AS THE AUTHORITY SHALL HAVE BONDS OR OTHER OBLI-
GATIONS OUTSTANDING UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE
PAYMENT OR SATISFACTION THEREOF. UPON TERMINATION OF THE EXISTENCE OF
THE AUTHORITY, ALL OF THE RIGHTS AND PROPERTIES OF THE AUTHORITY THEN
REMAINING SHALL PASS TO AND VEST IN THE COUNTY OF ALBANY IN SUCH A
MANNER AS PRESCRIBED BY LAW.
§ 2676-D. ADVANCES ON BEHALF OF THE AUTHORITY; TRANSFER OF PROPERTY TO
THE AUTHORITY; ACQUISITION OF PROPERTY BY COUNTY FOR THE AUTHORITY. 1.
S. 9569--A 6
IN ADDITION TO ANY POWERS GRANTED TO IT BY LAW, THE COUNTY MAY, FROM
TIME TO TIME, APPROPRIATE BY RESOLUTION SUMS OF MONEY TO DEFRAY PROJECT
COSTS OR ANY OTHER COSTS AND EXPENSES OF THE AUTHORITY INCLUDING OPERAT-
ING EXPENSES. SUBJECT TO THE RIGHTS OF BOND HOLDERS, THE COUNTY MAY
DETERMINE IF THE MONIES SO APPROPRIATED SHALL BE SUBJECT TO REPAYMENT BY
THE AUTHORITY TO THE COUNTY AND, IN SUCH EVENT, THE MANNER AND TIME OR
TIMES FOR SUCH REPAYMENT.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, ANY PUBLIC CORPORATION
MAY, BY A MAJORITY VOTE OF ITS GOVERNING BODY AND THE APPROVAL OF ITS
CHIEF EXECUTIVE OFFICER, GIVE, GRANT, SELL, CONVEY, LOAN, LICENSE THE
USE OF, OR LEASE TO THE AUTHORITY ANY PROPERTY OR FACILITIES, INCLUDING
THE COLLEGE OF SAINT ROSE FACILITIES, WHICH ARE USEFUL IN CONNECTION
WITH THE EXERCISE BY THE AUTHORITY OF ITS POWERS UNDER THIS TITLE. ANY
SUCH GIFT, GRANT, SALE, CONVEYANCE, LOAN, LICENSE, OR LEASE SHALL BE
UPON SUCH TERMS AND CONDITIONS, AND FOR SUCH TERM OR TERMS OF YEARS,
SUBJECT TO THE RIGHTS OF THE HOLDERS OF ANY BONDS, AS THE AUTHORITY AND
SUCH PUBLIC CORPORATION MAY AGREE. ANY SUCH GIFT, GRANT, SALE, CONVEY-
ANCE, LEASE, LOAN, OR LICENSE SHALL NOT BE SUBJECT TO REFERENDUM,
PERMISSIVE OR MANDATORY. IN THE EVENT THAT ANY PUBLIC CORPORATION GIVES,
GRANTS, SELLS, CONVEYS, LOANS, LICENSES, OR LEASES ANY OF THE COLLEGE OF
SAINT ROSE FACILITIES TO THE AUTHORITY, SUCH PUBLIC CORPORATION MAY
CONTRACT WITH THE AUTHORITY TO LEASE, BORROW, LICENSE, OPERATE, MAIN-
TAIN, MANAGE, AND PROVIDE SERVICES FOR SUCH FACILITIES UPON SUCH TERMS
AND CONDITIONS AND FOR SUCH TERM OR TERMS OF YEARS, SUBJECT TO THE
RIGHTS OF HOLDERS OF BONDS, AS THE AUTHORITY AND SUCH PUBLIC CORPORATION
MAY AGREE. THE AUTHORITY, IN FURTHERANCE OF ANY PURCHASE, CONVEYANCE, OR
LEASE OF ANY PROPERTY OR FACILITY FROM ANY PUBLIC CORPORATION, MAY
ASSUME THE PRIMARY RESPONSIBILITY FOR THE PAYMENT OF THE PRINCIPAL AND
INTEREST ON ANY BONDS OR NOTES ISSUED BY SUCH PUBLIC CORPORATION FOR
SUCH PROPERTY OR FACILITY. FOR PURPOSES OF SECTION 136.00 OF THE LOCAL
FINANCE LAW, ANY AGREEMENT BY THE AUTHORITY TO ASSUME THE PRIMARY
RESPONSIBILITY FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON ANY
BONDS OR NOTES ISSUED BY ANY SUCH PUBLIC CORPORATION SHALL, SO LONG AS
SUCH AGREEMENT SHALL CONTINUE TO BE HONORED BY THE AUTHORITY, CAUSE SUCH
BONDS OR NOTES TO BE DEEMED TO HAVE BEEN REFUNDED AND ANY SUCH PUBLIC
CORPORATION MAY DEDUCT FROM ITS GROSS INDEBTEDNESS ANY OUTSTANDING
INDEBTEDNESS CONTRACTED FOR SUCH PROPERTY OR FACILITY TO BE ACQUIRED BY
THE AUTHORITY.
3. THE COUNTY MAY ACQUIRE BY PURCHASE, GRANT, LEASE, GIFT, OR CONDEM-
NATION PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, REAL PROPERTY IN
THE NAME OF THE COUNTY FOR ANY CORPORATE PURPOSE OF THE AUTHORITY.
4. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL,
OR LOCAL, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY FROM THE
STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHORITY PROVIDED,
HOWEVER, NO NON-HAZARDOUS SOLID WASTE, TOXIC, OR HAZARDOUS WASTE SITE,
CENTER, CONSOLIDATED COLLECTION, OR TRANSFER AREA, SHALL BE LOCATED OR
MAINTAINED AT THE COLLEGE OF SAINT ROSE FACILITIES OR LANDS ADJACENT
THERETO THAT ARE USED IN SUPPORT OF THE COLLEGE OF SAINT ROSE OPERATIONS
AS CONTAINED IN ANY LAYOUT PLAN IN EXISTENCE UPON THE EFFECTIVE DATE OF
THIS TITLE OR IN THE FUTURE.
§ 2676-E. TRANSFER OF OFFICERS AND EMPLOYEES. 1. IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER
OR EMPLOYEE OF THE COUNTY, MAY, AT THE REQUEST OF THE AUTHORITY AND WITH
THE CONSENT OF THE COUNTY EXECUTIVE, BE TRANSFERRED TO THE AUTHORITY AND
SHALL BE ELIGIBLE FOR SUCH TRANSFER AND APPOINTMENT, WITHOUT FURTHER
S. 9569--A 7
EXAMINATION, TO APPLICABLE OFFICES, POSITIONS, AND EMPLOYMENT UNDER THE
AUTHORITY. ANY SUCH OFFICERS OR EMPLOYEES SO TRANSFERRED TO THE AUTHORI-
TY PURSUANT TO THIS SECTION, WHO ARE MEMBERS OF OR BENEFIT UNDER ANY
PENSION OR RETIREMENT FUND OR SYSTEM UNDER THE LAWS OF THE STATE, SHALL
CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH
RESPECT TO SUCH FUND OR SYSTEM AS ARE PRESCRIBED BY LAW, BUT DURING THE
PERIOD OF THEIR EMPLOYMENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO SUCH
FUNDS OR SYSTEMS TO BE PAID BY THE EMPLOYER ON ACCOUNT OF SUCH OFFICERS
OR EMPLOYEES SHALL BE PAID BY THE AUTHORITY.
2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO SUCH EMPLOYEE'S TRANSFER; SUCCESSOR
EMPLOYEES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL,
CONSISTENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW, BE INCLUDED IN THE SAME UNIT AS SUCH EMPLOYEE'S PREDECESSORS.
EMPLOYEES SERVING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED
TO THE SAME COLLECTIVE BARGAINING UNIT AS SUCH EMPLOYEES WOULD HAVE BEEN
ASSIGNED TO SUCH UNIT WERE SUCH TITLES CREATED PRIOR TO THE ESTABLISH-
MENT OF THE AUTHORITY. NOTHING CONTAINED IN THIS TITLE SHALL BE
CONSTRUED (A) TO DIMINISH THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLEC-
TIVE BARGAINING AGREEMENT; OR (B) TO AFFECT EXISTING LAW WITH RESPECT TO
AN APPLICATION TO THE PUBLIC EMPLOYMENT RELATIONS BOARD SEEKING A DESIG-
NATION BY THE BOARD THAT CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
§ 2676-F. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMIT-
ED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO BORROW MONEY AND ISSUE BONDS FOR ANY OF ITS CORPORATE PURPOSES
OR ITS PROJECTS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF;
4. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT, AND,
SUBJECT TO AGREEMENTS WITH ITS BONDHOLDERS, TO MAKE AND ALTER RULES AND
REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND THE FULFILLMENT OF
ITS PURPOSES UNDER THIS TITLE;
5. TO ACQUIRE BY PURCHASE, GRANT, LEASE, GIFT, OR OTHERWISE AND TO
HOLD AND USE PROPERTY NECESSARY, CONVENIENT, OR DESIRABLE TO CARRY OUT
ITS CORPORATE PURPOSES, AND TO SELL, CONVEY, MORTGAGE, LEASE, PLEDGE,
EXCHANGE, OR OTHERWISE DISPOSE OF ANY SUCH PROPERTY IN SUCH MANNER AS
THE AUTHORITY SHALL DETERMINE;
6. TO ACQUIRE, CONSTRUCT, RECONSTRUCT, LEASE, EXPAND, IMPROVE, MAIN-
TAIN, EQUIP, FURNISH, OR OPERATE ONE OR MORE PROJECTS AND, IF NECESSARY,
TO PAY OR FINANCE THE COST THEREOF;
7. TO ACCEPT GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROP-
ERTY OR FINANCIAL OR OTHER AID IN ANY FORM FROM, AND ENTER INTO
CONTRACTS OR OTHER TRANSACTIONS WITH, THE FEDERAL GOVERNMENT, THE STATE,
THE COUNTY OF ALBANY, OR ANY PUBLIC CORPORATION OR ANY OTHER SOURCE, AND
TO USE ANY SUCH GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS FOR ANY OF ITS
CORPORATE PURPOSES;
8. TO GRANT OPTIONS TO RENEW ANY LEASE WITH RESPECT TO ANY PROJECT OR
PROJECTS AND TO GRANT OPTIONS TO BUY ANY PROJECT AT SUCH PRICE AS THE
AUTHORITY MAY DEEM DESIRABLE;
9. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
10. TO ESTABLISH ITS FISCAL YEAR;
11. TO ENTER INTO CONTRACTS, AGREEMENTS AND LEASES WITH THE FEDERAL
GOVERNMENT, THE STATE, THE COUNTY, ANY PERSON OR OTHER PUBLIC CORPO-
RATION AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR CONVENIENT TO ACCOM-
PLISHING ITS CORPORATE PURPOSES;
S. 9569--A 8
12. TO APPOINT SUCH OFFICERS, EMPLOYEES, AND AGENTS AS THE AUTHORITY
MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES, IN COORDINATION WITH THE
ADVANCE ALBANY COUNTY ALLIANCE, AND TO FIX AND DETERMINE THEIR QUALI-
FICATIONS, DUTIES, AND COMPENSATION SUBJECT TO THE PROVISIONS OF THE
CIVIL SERVICE LAW AND ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT,
AND TO RETAIN OR EMPLOY COUNSEL, AUDITORS, ENGINEERS, AND PRIVATE
CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE FOR RENDERING PROFESSIONAL,
MANAGEMENT, OR TECHNICAL SERVICES AND ADVICE;
13. WITH THE CONSENT OF THE COUNTY EXECUTIVE, AND IN COORDINATION WITH
THE ADVANCE ALBANY COUNTY ALLIANCE, TO USE EMPLOYEES, AGENTS, CONSULT-
ANTS, AND FACILITIES OF THE COUNTY, PAYING THE COUNTY ITS AGREED PROPOR-
TION OF THE COMPENSATION OR COSTS;
14. TO MAKE AND ADOPT PLANS, SURVEYS, AND STUDIES NECESSARY, CONVEN-
IENT, OR DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE
AUTHORITY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
15. TO ENTER UPON SUCH LANDS, WATERS, OR PREMISES AS IN THE JUDGMENT
OF THE AUTHORITY MAY BE NECESSARY, CONVENIENT, OR DESIRABLE FOR THE
PURPOSE OF MAKING SURVEYS, SOUNDINGS, BORINGS, AND EXAMINATIONS TO
ACCOMPLISH ANY PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING
LIABLE FOR ANY ACTUAL DAMAGE DONE;
16. TO COVENANT AND CONSENT THAT THE INTEREST ON ANY OF ITS BONDS OR
NOTES ISSUED PURSUANT TO THIS TITLE SHALL BE INCLUDABLE, UNDER THE
UNITED STATES INTERNAL REVENUE CODE OF 1986, AS AMENDED OR ANY SUBSE-
QUENT CORRESPONDING INTERNAL REVENUE LAW OF THE UNITED STATES, IN GROSS
INCOME OF THE HOLDERS OF THE BONDS OR NOTES TO THE SAME EXTENT AND IN
THE SAME MANNER THAT THE INTEREST ON BILLS, BONDS, NOTES OR OTHER OBLI-
GATIONS OF THE UNITED STATES IS INCLUDABLE IN THE GROSS INCOME OF THE
HOLDERS THEREOF UNDER SUCH CODE OR ANY SUCH SUBSEQUENT LAW; AND
17. TO INSURE OR PROVIDE FOR THE INSURANCE OF THE AUTHORITY'S PROPERTY
OR OPERATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS
THE AUTHORITY MAY DEEM ADVISABLE.
§ 2676-G. 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 OF THE COLLEGE OF SAINT ROSE 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 CORPO-
RATION. IN CONNECTION WITH THE OPERATION OF ANY SUCH FACILITIES, THE
AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTUATE, OPERATE, MANAGE, MAIN-
TAIN, RENOVATE, IMPROVE, EXTEND, OR REPAIR, OR MAY PROVIDE BY CONTRACT,
LEASE, OR OTHER ARRANGEMENT FOR THE ESTABLISHMENT, CONSTRUCTION, EFFEC-
TUATION, 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 ESTAB-
LISHMENT, FIXING, REVISION, LEVY AND COLLECTION OF SUCH RENTALS, RATES,
CHARGES, CONCESSION FEES AND OTHER FEES AS IT MAY DEEM NECESSARY,
S. 9569--A 9
CONVENIENT, OR DESIRABLE FOR THE USE AND OPERATION OF ANY OF THE COLLEGE
OF SAINT ROSE FACILITIES, AND RELATED SERVICES OPERATED OR MANAGED BY
THE AUTHORITY OR UNDER CONTRACT, LEASE, OR OTHER ARRANGEMENT, INCLUDING
JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY. SUCH RENTALS, RATES,
CHARGES, CONCESSION FEES, OR OTHER FEES SHALL BE AT LEAST SUFFICIENT AT
ALL TIMES IN THE JUDGMENT 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 ESTAB-
LISHMENT OF RESERVES FOR RENEWAL AND REPLACEMENT AND FOR UNCOLLECTED
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 AT THE TIME OF THE EFFECTIVE DATE OF THIS TITLE OR
THEREAFTER 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 INCLUD-
ING 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 THE COLLEGE OF SAINT ROSE 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.
S. 9569--A 10
6. THE AUTHORITY MAY ACCEPT UNCONDITIONAL GRANTS OF MONEY OR PROPERTY
FROM ANY MUNICIPALITY WHERE THE WHOLE OR ANY PART OF SUCH MUNICIPALITY
IS SERVED OR IS TO BE SERVED BY A FACILITY OPERATED BY THE AUTHORITY.
SUCH GRANTS OF MONEY OR PROPERTY SHALL BE FOR THE PURPOSE OF ASSISTING
THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES. THE ACCEPT-
ANCE OF ANY SUCH GRANT SHALL NOT OPERATE TO MAKE THE AUTHORITY AN AGENCY
OF THE MUNICIPALITY MAKING SUCH GRANT.
7. IN ANY INSTANCE WHERE THE COUNTY IS REQUIRED BY LAW, WITH RESPECT
TO ANY OF THE COLLEGE OF SAINT ROSE FACILITIES, TO CONDUCT A PUBLIC
HEARING IN CONNECTION WITH A CONTRACT, LEASE, JOINT SERVICE ARRANGEMENT,
CHARGE, RENTAL, OR FEE, THE AUTHORITY SHALL NOT ENTER INTO SUCH
CONTRACT, LEASE, JOINT SERVICE ARRANGEMENT, OR ESTABLISH, FIX, REVISE,
OR LEVY ANY CHARGE, RENTAL, 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,
RENTAL, OR FEE, THE AUTHORITY SHALL NOT BE REQUIRED TO HOLD A PUBLIC
HEARING. NOTICE OF SUCH PUBLIC HEARING SHALL BE PUBLISHED BY THE AUTHOR-
ITY AT LEAST TEN DAYS BEFORE THE DATE SET THEREFOR, 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 WRIT-
ING AND BE MADE AVAILABLE IN THE OFFICE OF THE AUTHORITY FOR PUBLIC
INSPECTION DURING REGULAR OFFICE HOURS.
§ 2676-H. BONDS OF THE AUTHORITY. 1. THE AUTHORITY SHALL HAVE THE
POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS, NOTES
OR OTHER OBLIGATIONS TO PAY THE COST OF ANY PROJECT OR FOR ANY OTHER
CORPORATE PURPOSE, INCLUDING THE ESTABLISHMENT OF RESERVES TO SECURE THE
BONDS, THE PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE
BONDS AND THE PAYMENT OF INCIDENTAL EXPENSES IN CONNECTION THEREWITH.
THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS, NOTES, OR OTHER OBLI-
GATIONS OUTSTANDING SHALL NOT EXCEED EIGHTY MILLION DOLLARS, EXCLUDING
BONDS, NOTES, OR OTHER OBLIGATIONS ISSUED TO REFUND OR OTHERWISE REPAY
BONDS, NOTES, OR OTHER OBLIGATIONS THERETOFORE ISSUED FOR SUCH PURPOSES;
PROVIDED, HOWEVER, THAT UPON ANY SUCH REFUNDING OR REPAYMENT THE TOTAL
AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING BONDS, NOTES, OR OTHER OBLI-
GATIONS MAY BE GREATER THAN EIGHTY MILLION DOLLARS ONLY IF THE PRESENT
VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS,
NOTES, OR OTHER OBLIGATIONS TO BE ISSUED SHALL NOT EXCEED THE PRESENT
VALUE OF THE AGGREGATE DEBT SERVICE OF THE BONDS, NOTES, OR OTHER OBLI-
GATIONS SO TO BE REFUNDED OR REPAID. FOR PURPOSES HEREOF, THE PRESENT
VALUES OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT
BONDS, NOTES, OR OTHER OBLIGATIONS AND OF THE AGGREGATE DEBT SERVICE OF
THE BONDS, NOTES, OR OTHER OBLIGATIONS SO REFUNDED OR REPAID, SHALL BE
CALCULATED BY UTILIZING THE EFFECTIVE INTEREST RATE OF THE REFUNDING OR
REPAYMENT BONDS, NOTES, OR OTHER OBLIGATIONS, WHICH SHALL BE THAT RATE
ARRIVED AT BY DOUBLING THE SEMI-ANNUAL INTEREST RATE (COMPOUNDED SEMI-
ANNUALLY) NECESSARY TO DISCOUNT THE DEBT SERVICE PAYMENTS ON THE REFUND-
ING OR REPAYMENT BONDS, NOTES, OR OTHER OBLIGATIONS FROM THE PAYMENT
DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT BONDS,
NOTES, OR OTHER OBLIGATIONS AND TO THE PRICE BID INCLUDING ESTIMATED
ACCRUED INTEREST OR PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTI-
S. 9569--A 11
MATED ACCRUED INTEREST FROM THE SALE THEREOF. THE AUTHORITY SHALL HAVE
POWER AND IS HEREBY AUTHORIZED TO ENTER INTO SUCH AGREEMENTS AND PERFORM
SUCH ACTS AS MAY BE REQUIRED UNDER ANY APPLICABLE FEDERAL LEGISLATION TO
SECURE A FEDERAL GUARANTEE OF ANY BONDS.
2. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME TO RENEW BONDS OR
TO ISSUE RENEWAL BONDS FOR SUCH PURPOSE, TO ISSUE BONDS TO PAY BONDS,
AND, WHENEVER IT DEEMS REFUNDING EXPEDIENT, TO REFUND ANY BOND BY THE
ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE NOT
MATURED, AND MAY ISSUE BONDS PARTLY TO REFUND BONDS THEN OUTSTANDING AND
PARTLY FOR ANY OTHER CORPORATE PURPOSE OF THE AUTHORITY. BONDS, OTHER
THAN NOTES OR OTHER EVIDENCE OF INDEBTEDNESS, ISSUED FOR REFUNDING
PURPOSES, WHICH HAVE A FINAL MATURITY DATE LONGER THAN THE MATURITY OF
THE BONDS BEING REFUNDED, SHALL BE APPROVED BY A RESOLUTION OF THE COUN-
TY LEGISLATURE ADOPTED BY A MAJORITY VOTE AND APPROVED BY THE COUNTY
EXECUTIVE. BONDS ISSUED FOR REFUNDING PURPOSES SHALL BE SOLD AND THE
PROCEEDS APPLIED TO THE PURCHASE, REDEMPTION, OR PAYMENT OF THE BONDS OR
NOTES TO BE REFUNDED.
3. BONDS ISSUED BY THE AUTHORITY MAY BE GENERAL OBLIGATIONS OF THE
AUTHORITY OR MAY BE SPECIAL OBLIGATIONS PAYABLE SOLELY OUT OF PARTICULAR
REVENUES OR OTHER MONEYS AS MAY BE DESIGNATED IN THE PROCEEDINGS OF THE
AUTHORITY UNDER WHICH THE BONDS SHALL BE AUTHORIZED TO BE ISSUED,
SUBJECT AS TO PRIORITY ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF
OUTSTANDING BONDS PLEDGING ANY PARTICULAR PROPERTY, REVENUES, OR MONEYS.
THE AUTHORITY MAY ALSO ENTER INTO LOAN AGREEMENTS, LINES OF CREDIT AND
OTHER SECURITY AGREEMENTS AND OBTAIN FOR OR ON ITS BEHALF LETTERS OF
CREDIT, INSURANCE, GUARANTEES, OR OTHER CREDIT ENHANCEMENTS TO THE
EXTENT NOW OR HEREAFTER AVAILABLE, IN EACH CASE FOR SECURING ITS BONDS
OR TO PROVIDE DIRECT PAYMENT OF ANY COSTS WHICH THE AUTHORITY IS AUTHOR-
IZED TO PAY.
4. (A) BONDS SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHORITY, BE IN
SUCH DENOMINATIONS AND BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME
OR TIMES, AS SUCH RESOLUTION MAY PROVIDE, PROVIDED THAT BONDS AND
RENEWALS THEREOF SHALL MATURE WITHIN FORTY YEARS FROM THE DATE OF
ORIGINAL ISSUANCE OF ANY SUCH BONDS.
(B) BONDS SHALL BE SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST
AT SUCH RATE OR RATES, BE PAYABLE AT SUCH TIMES, BE IN SUCH FORM, EITHER
COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLAC-
ES, AND BE SUBJECT TO SUCH TERMS AND CONDITIONS AS SUCH RESOLUTION MAY
PROVIDE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BONDS OF THE
AUTHORITY ISSUED PURSUANT TO THIS SECTION SHALL BE SOLD TO THE BIDDER
OFFERING THE LOWEST TRUE INTEREST COST, TAKING INTO CONSIDERATION ANY
PREMIUM OR DISCOUNT NOT LESS THAN FOUR NOR MORE THAN FIFTEEN DAYS,
SUNDAYS EXCEPTED, AFTER A NOTICE OF SUCH SALE HAS BEEN PUBLISHED AT
LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA SERVED BY
THE AUTHORITY, WHICH SHALL STATE THE TERMS OF THE SALE. THE TERMS OF THE
SALE SHALL NOT CHANGE UNLESS NOTICE OF SUCH CHANGE IS PUBLISHED IN SUCH
NEWSPAPER AT LEAST ONE DAY PRIOR TO THE DATE OF THE SALE AS SET FORTH IN
THE ORIGINAL NOTICE OF SALE. ADVERTISEMENTS SHALL CONTAIN A PROVISION TO
THE EFFECT THAT THE AUTHORITY, IN ITS DISCRETION, MAY REJECT ANY OR ALL
BIDS MADE IN PURSUANCE OF SUCH ADVERTISEMENTS, AND IN THE EVENT OF SUCH
REJECTION, THE AUTHORITY IS AUTHORIZED TO NEGOTIATE A PRIVATE OR PUBLIC
SALE OR READVERTISE FOR BIDS IN THE FORM AND MANNER ABOVE DESCRIBED AS
MANY TIMES AS, IN ITS JUDGMENT, MAY BE NECESSARY TO EFFECT SATISFACTORY
SALE.
S. 9569--A 12
(C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION, WHENEVER IN THE
JUDGMENT OF THE AUTHORITY THE INTERESTS OF THE AUTHORITY WILL BE SERVED
THEREBY, THE MEMBERS OF THE AUTHORITY, ON THE WRITTEN RECOMMENDATION OF
THE CHAIRPERSON, MAY AUTHORIZE THE SALE OF SUCH BONDS AT PRIVATE OR
PUBLIC SALE ON A NEGOTIATED BASIS OR ON EITHER A COMPETITIVE OR NEGOTI-
ATED BASIS. THE AUTHORITY SHALL SET GUIDELINES GOVERNING THE TERMS AND
CONDITIONS OF ANY SUCH PRIVATE OR PUBLIC SALES. THE PRIVATE OR PUBLIC
BOND SALE GUIDELINES SET BY THE AUTHORITY SHALL INCLUDE, BUT NOT BE
LIMITED TO, A REQUIREMENT THAT WHERE THE INTERESTS OF THE AUTHORITY WILL
BE SERVED BY A PRIVATE OR PUBLIC SALE OF BONDS, THE AUTHORITY SHALL
SELECT UNDERWRITERS FOR EACH PRIVATE OR PUBLIC BOND SALE CONDUCTED
PURSUANT TO A REQUEST FOR PROPOSAL PROCESS AND CONSIDERATION OF
PROPOSALS FROM QUALIFIED UNDERWRITERS TAKING INTO ACCOUNT, AMONG OTHER
THINGS, QUALIFICATIONS OF UNDERWRITERS AS TO EXPERIENCE, THEIR ABILITY
TO STRUCTURE AND SELL AUTHORITY BOND ISSUES, ANTICIPATED COSTS TO THE
AUTHORITY, THE PRIOR EXPERIENCE OF THE AUTHORITY WITH THE FIRM, IF ANY,
THE CAPITALIZATION OF SUCH FIRMS, PARTICIPATION OF QUALIFIED MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISE FIRMS IN SUCH PRIVATE OR PUBLIC
SALES OF BONDS OF THE AUTHORITY AND THE EXPERIENCE AND ABILITY OF FIRMS
UNDER CONSIDERATION TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES SO AS TO PROMOTE AND ASSIST PARTICIPATION BY SUCH ENTER-
PRISES.
(D) THE AUTHORITY SHALL HAVE THE POWER FROM TIME TO TIME TO AMEND SUCH
PRIVATE BOND SALE GUIDELINES IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBDIVISION.
(E) NO PRIVATE OR PUBLIC BOND SALE ON A NEGOTIATED BASIS SHALL BE
CONDUCTED BY THE AUTHORITY WITHOUT PRIOR APPROVAL OF THE STATE COMP-
TROLLER AND THE COUNTY COMPTROLLER. THE AUTHORITY SHALL ANNUALLY PREPARE
AND APPROVE A BOND SALE REPORT WHICH SHALL INCLUDE THE PRIVATE OR PUBLIC
BOND SALE GUIDELINES AS SPECIFIED IN THIS SUBDIVISION, AMENDMENTS TO
SUCH GUIDELINES SINCE THE LAST PRIVATE OR PUBLIC BOND SALE REPORT, AN
EXPLANATION OF THE BOND SALE GUIDELINES AND AMENDMENTS, AND THE RESULTS
OF ANY SALE OF BONDS CONDUCTED DURING THE FISCAL YEAR. SUCH BOND SALE
REPORT MAY BE A PART OF ANY OTHER ANNUAL REPORT THAT THE AUTHORITY IS
REQUIRED TO MAKE.
(F) THE AUTHORITY SHALL ANNUALLY SUBMIT ITS BOND SALE REPORT TO THE
STATE COMPTROLLER AND THE COUNTY COMPTROLLER AND COPIES THEREOF TO THE
SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(G) THE AUTHORITY SHALL MAKE AVAILABLE TO THE PUBLIC COPIES OF ITS
BOND SALE REPORT UPON REASONABLE REQUEST THEREOF.
(H) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO ALTER,
AFFECT THE VALIDITY OF, MODIFY THE TERMS OF OR IMPAIR ANY CONTRACT OR
AGREEMENT MADE OR ENTERED INTO IN VIOLATION OF, OR WITHOUT COMPLIANCE
WITH, THE PROVISIONS OF THIS SUBDIVISION.
5. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
BONDS MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF THE CONTRACT WITH
THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
(A) PLEDGING ALL OR PART OF THE REVENUES, OTHER MONIES OR PROPERTY OF
THE AUTHORITY TO SECURE THE PAYMENT OF THE BONDS, OR ANY COSTS OF ISSU-
ANCE THEREOF, INCLUDING BUT NOT LIMITED TO ANY CONTRACTS, EARNINGS, OR
PROCEEDS OF ANY GRANT TO THE AUTHORITY RECEIVED FROM ANY PRIVATE OR
PUBLIC SOURCE SUBJECT TO SUCH AGREEMENTS WITH BOND HOLDERS AS MAY THEN
EXIST;
(B) THE SETTING ASIDE OF RESERVES AND THE CREATION OF SINKING FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
S. 9569--A 13
(C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
BONDS MAY BE APPLIED;
(D) THE RATES, RENTS, FEES, AND OTHER CHARGES TO BE FIXED AND
COLLECTED BY THE AUTHORITY AND THE AMOUNT TO BE RAISED IN EACH YEAR
THEREBY AND THE USE AND DISPOSITION OF REVENUES;
(E) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
THE USE OF THE PROJECT OR PART THEREOF IN CONNECTION WITH WHICH BONDS
ARE ISSUED;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS, THE TERMS UPON
WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED AND THE REFUNDING OF
OUTSTANDING OR OTHER BONDS;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
BOND HOLDERS SHALL BE AMENDED OR ABROGATED, THE AMOUNT OF BONDS THE
HOLDERS OF WHICH SHALL CONSENT THERETO, AND THE MANNER IN WHICH SUCH
CONSENT SHALL BE GIVEN;
(H) THE CREATION OF SPECIAL FUNDS INTO WHICH ANY REVENUES OR MONIES
SHALL BE DEPOSITED;
(I) THE TERMS AND PROVISIONS OF ANY TRUST, MORTGAGE, DEED OR INDENTURE
SECURING THE BONDS UNDER WHICH THE BOND SHALL BE ISSUED;
(J) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES, RIGHTS, POWERS,
AND DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE WHICH MAY INCLUDE ANY
OR ALL OF THE RIGHTS, POWERS, AND DUTIES OF THE TRUSTEES APPOINTED BY
THE BOND HOLDERS TO APPOINT A TRUSTEE PURSUANT TO THIS TITLE OR LIMITING
THE RIGHTS, DUTIES, AND POWERS OF SUCH TRUSTEE;
(K) DEFINING THE ACTS OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE BOND HOLD-
ERS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BOND HOLDERS IN THE
EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT APPOINTMENT OF A
RECEIVER, PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES SHALL NOT BE
INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS OF
THIS TITLE;
(L) LIMITATIONS ON THE POWER OF THE AUTHORITY TO SELL OR OTHERWISE
DISPOSE OF ANY PROJECT OR ANY PART THEREOF;
(M) LIMITATIONS ON THE AMOUNT OF REVENUES AND OTHER MONIES TO BE
EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
TY;
(N) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES, AND OTHER MONIES
TO A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT
THEREOF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY
DETERMINE; AND
(O) ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER WHICH IN ANY WAY
AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS AND REME-
DIES OF BONDHOLDERS.
6. IN ADDITION TO THE POWERS CONFERRED UPON THE AUTHORITY TO SECURE
ITS BONDS UNDER THIS SECTION, THE AUTHORITY SHALL HAVE POWER IN
CONNECTION WITH THE ISSUANCE OF BONDS TO ADOPT RESOLUTIONS AND ENTER
INTO SUCH TRUST INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS AS THE
AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE
OR DISPOSITION OF ITS REVENUES OR OTHER MONIES OR PROPERTY, INCLUDING
THE MORTGAGING OF ANY PROPERTY AND THE ENTRUSTING, PLEDGING, OR CREATION
OF ANY OTHER SECURITY INTEREST IN ANY SUCH REVENUES, MONIES, OR PROPERTY
AND THE DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY ACT WHICH
THE AUTHORITY WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH RESOL-
UTIONS, TRUST INDENTURES, AGREEMENTS, OR OTHER INSTRUMENTS. THE AUTHORI-
TY SHALL HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH RESOLUTIONS,
TRUST INDENTURES, AGREEMENTS, OR OTHER INSTRUMENTS. THE PROVISIONS OF
S. 9569--A 14
ANY SUCH RESOLUTIONS, TRUST INDENTURES, AGREEMENTS, OR OTHER INSTRUMENTS
MAY BE MADE A PART OF THE CONTRACT WITH THE HOLDERS OF BONDS OF THE
AUTHORITY.
7. NOTWITHSTANDING ANY PROVISION OF THE UNIFORM COMMERCIAL CODE TO THE
CONTRARY, ANY PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES, MONIES,
ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES, OR OTHER PERSONAL PROP-
ERTY MADE OR CREATED BY THE AUTHORITY SHALL BE VALID, BINDING, AND
PERFECTED FROM THE TIME WHEN SUCH PLEDGE IS MADE OR OTHER SECURITY
INTEREST ATTACHES WITHOUT ANY PHYSICAL DELIVERY OF THE COLLATERAL OR
FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY INTEREST
SHALL BE VALID, BINDING, AND PERFECTED AGAINST ALL PARTIES HAVING CLAIMS
OF ANY KIND IN TORT, CONTRACT, OR OTHERWISE AGAINST THE AUTHORITY IRRE-
SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO INSTRU-
MENT BY WHICH SUCH A PLEDGE OR SECURITY INTEREST IS CREATED, NOR ANY
FINANCING STATEMENT NEED BE RECORDED OR FILED.
8. REGARDLESS OF WHETHER THE BONDS ARE OF SUCH FORM AND CHARACTER AS
TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMERCIAL
CODE, THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN THE MEAN-
ING OF AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL CODE, SUBJECT
ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRATION.
9. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING ITS
BONDS SHALL BE LIABLE PERSONALLY ON ITS BONDS OR BE SUBJECT TO ANY
PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST, THE
AUTHORITY SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE THEREFOR TO
PURCHASE BONDS OF THE AUTHORITY, WHICH SHALL THEREUPON BE CANCELLED, AT
A PRICE NOT EXCEEDING (A) IF THE BONDS ARE THEN REDEEMABLE, THE REDEMP-
TION PRICE THEN APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST
PAYMENT DATE; OR (B) IF THE BONDS ARE NOT THEN REDEEMABLE, THE REDEMP-
TION PRICE APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH
THE BONDS BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO THE NEXT
INTEREST PAYMENT DATE. BONDS SO PURCHASED SHALL THEREUPON BE CANCELLED.
§ 2676-I. REMEDIES OF BONDHOLDERS. SUBJECT TO ANY RESOLUTION OR RESOL-
UTIONS ADOPTED PURSUANT TO THIS TITLE:
1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF
PRINCIPAL OR OF INTEREST ON ANY ISSUE OF BONDS, AFTER THE SAME SHALL
BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH
DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT
THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS
TITLE OR SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY
ISSUE OF BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL AMOUNT OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT
OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH
THE PRINCIPAL OFFICE OF THE AUTHORITY IS LOCATED AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO REPRESENT THE HOLDERS OF SUCH BONDS FOR THE PURPOSE PROVIDED UNDER
THIS SECTION.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS OUTSTANDING SHALL,
IN SUCH TRUSTEE'S OWN NAME:
(A) BY ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRACTICE LAW
AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE RIGHT TO
REQUIRE THE AUTHORITY TO COLLECT RENTS, RATES, FEES, AND CHARGES
ADEQUATE TO CARRY OUT ANY AGREEMENT AS TO, OR PLEDGE OF, SUCH RENTS,
RATES, FEES, AND CHARGES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY
S. 9569--A 15
OTHER AGREEMENTS WITH THE HOLDERS OF SUCH BONDS TO PERFORM ITS DUTIES
UNDER THIS TITLE;
(B) BRING AN ACTION OR PROCEEDING UPON SUCH BONDS;
(C) BY ACTION OR PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
(D) BY ACTION OR PROCEEDING, ENJOIN ANY ACTS OR THINGS WHICH MAY BE
UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
(E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD, THEN WITH THE CONSENT OF THE HOLDERS OF THE TWENTY-FIVE
PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING, TO
ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE SHALL IN ADDITION TO THE PROVISIONS OF SUBDIVISIONS
ONE AND TWO OF THIS SECTION, HAVE AND POSSESS ALL OF THE POWERS NECES-
SARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNCTIONS SPECIFICALLY SET
FORTH UNDER THIS SECTION OR INCIDENT TO THE GENERAL REPRESENTATION OF
BOND HOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEED-
ING BY THE TRUSTEE ON BEHALF OF SUCH BOND HOLDERS. THE VENUE OF ANY SUCH
ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY.
5. BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE THE TRUSTEE
SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
6. (A) ANY SUCH TRUSTEE, WHETHER OR NOT THE ISSUE OF BONDS REPRESENTED
BY SUCH TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS
OF RIGHT TO THE APPOINTMENT OF ANY RECEIVER OF ANY PART OR PARTS OF THE
PROJECT, THE REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF BONDS OF
SUCH ISSUE, AND SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH PART
OR PARTS OF THE PROJECT AND, SUBJECT TO ANY PLEDGE OR AGREEMENT WITH THE
HOLDERS OF SUCH BONDS, SHALL TAKE POSSESSION OF ALL MONIES AND OTHER
PROPERTY DERIVED FROM SUCH PART OR PARTS OF THE PROJECT AND PROCEED WITH
ANY CONSTRUCTION THEREON OR THE ACQUISITION OF ANY PROPERTY, REAL OR
PERSONAL, IN CONNECTION THEREWITH THAT THE AUTHORITY IS UNDER OBLIGATION
TO DO, AND OPERATE, MAINTAIN, AND RECONSTRUCT SUCH PART OR PARTS OF THE
PROJECT AND COLLECT AND RECEIVE ALL REVENUES THEREAFTER ARISING THERE
FROM SUBJECT TO ANY PLEDGE OR AGREEMENT WITH BOND HOLDERS RELATING THER-
ETO AND PERFORM THE PUBLIC DUTIES AND CARRY OUT THE AGREEMENTS AND OBLI-
GATIONS OF THE AUTHORITY UNDER THE DIRECTION OF THE COURT.
(B) IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE, THE FEES, COUN-
CIL FEES, AND EXPENSES OF THE TRUSTEE AND OF THE RECEIVER, IF ANY, SHALL
CONSTITUTE TAXABLE DISBURSEMENTS AND ALL COSTS AND DISBURSEMENTS ALLOWED
BY THE COURT SHALL BE A FIRST CHARGE ON ANY REVENUES DERIVED FROM THE
PROJECT.
§ 2676-J. STATE AND COUNTY NOT LIABLE ON AUTHORITY BONDS. NEITHER THE
STATE, THE COUNTY, NOR THE CITY SHALL BE LIABLE ON THE BONDS OF THE
AUTHORITY AND SUCH BONDS SHALL NOT BE A DEBT OF THE STATE, THE COUNTY OR
THE CITY, AND SUCH BONDS SHALL CONTAIN ON THE FACE THEREOF A STATEMENT
TO SUCH EFFECT.
§ 2676-K. MONIES OF THE AUTHORITY. ALL MONIES OF THE AUTHORITY FROM
WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
AND SHALL BE DEPOSITED FORTHWITH IN A BANK OR BANKS DESIGNATED BY THE
AUTHORITY. THE MONIES IN SUCH ACCOUNTS SHALL BE PAID OUT ON CHECK OF THE
TREASURER UPON REQUISITION BY SUCH PERSON OR PERSONS AS THE AUTHORITY
MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL DEPOSITS OF SUCH MONIES
SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF THE STATE OR
OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
ON DEPOSIT, AND ALL BANKS AND TRUST COMPANIES SHALL BE AUTHORIZED TO
GIVE SUCH SECURITY FOR SUCH DEPOSITS. TO THE EXTENT PRACTICABLE,
S. 9569--A 16
CONSISTENT WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES
SHALL BE DEPOSITED IN INTEREST BEARING ACCOUNTS. THE AUTHORITY SHALL
HAVE POWER, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, TO CONTRACT
WITH THE HOLDERS OF ANY BONDS AS TO THE CUSTODY, COLLECTION, SECURITY,
INVESTMENT AND PAYMENT OF ANY MONIES OF THE AUTHORITY OR ANY MONIES HELD
IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR ANY WAY TO SECURE
BONDS, AND CARRY OUT ANY SUCH CONTRACT NOTWITHSTANDING THAT SUCH
CONTRACT MAY BE INCONSISTENT WITH THE PROVISIONS OF THIS SECTION. MONIES
HELD IN TRUST OR OTHERWISE FOR THE PAYMENT OF BONDS OR IN ANY WAY TO
SECURE BONDS AND DEPOSITS OF SUCH MONIES MAY BE SECURED IN THE SAME
MANNER AS MONIES OF THE AUTHORITY AND ALL BANKS AND TRUST COMPANIES ARE
AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOSITS. ANY MONIES OF THE
AUTHORITY NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT MAY, AT THE
DISCRETION OF THE AUTHORITY, BE INVESTED IN THOSE OBLIGATIONS SPECIFIED
PURSUANT TO THE PROVISION OF SECTION NINETY-EIGHT-A OF THE STATE FINANCE
LAW. SUBJECT TO THE PROVISIONS OF ANY CONTRACT WITH BOND HOLDERS AND
WITH THE APPROVAL OF THE STATE COMPTROLLER, THE AUTHORITY SHALL
PRESCRIBE A SYSTEM OF ACCOUNTS.
§ 2676-L. BONDS LEGAL INVESTMENT FOR FIDUCIARIES. THE BONDS OF THE
AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND
BODIES OF THE STATE AND ALL MUNICIPALITIES, ALL INSURANCE COMPANIES AND
ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE BUSINESS, ALL
BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS AND SAVINGS ASSOCIATIONS,
INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN ASSOCIATIONS,
INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANKING BUSINESS,
AND ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND OTHER FIDUCIAR-
IES, AND ALL OTHER PERSONS WHATSOEVER, WHO ARE UPON THE EFFECTIVE DATE
OF THIS TITLE, OR THEREAFTER, AUTHORIZED TO INVEST IN BONDS OR OTHER
OBLIGATIONS OF THE STATE MAY PROPERLY AND LEGALLY INVEST FUNDS INCLUDING
CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING OTHER
PROVISIONS OF LAW, THE BONDS ARE ALSO HEREBY MADE SECURITIES WHICH MAY
BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND BODIES
OF THE STATE AND ALL MUNICIPALITIES FOR ANY PURPOSES FOR WHICH THE
DEPOSIT OF BONDS OR OTHER OBLIGATIONS OF THIS STATE IS UPON THE EFFEC-
TIVE DATE OF THIS TITLE, OR THEREAFTER AUTHORIZED.
§ 2676-M. AGREEMENT WITH STATE. THE STATE DOES HEREBY PLEDGE TO AND
AGREE WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY PURSUANT TO
THIS TITLE AND WITH THOSE PERSONS OR PUBLIC CORPORATIONS WHO MAY ENTER
INTO CONTRACTS WITH THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS
TITLE THAT THE STATE WILL NOT ALTER, LIMIT OR IMPAIR THE RIGHTS HEREBY
VESTED IN THE AUTHORITY TO PURCHASE, CONSTRUCT, OWN AND OPERATE, MAIN-
TAIN, REPAIR, IMPROVE, RECONSTRUCT, RENOVATE, REHABILITATE, ENLARGE,
INCREASE AND EXTEND, OR DISPOSE OF ANY PROJECT, OR ANY PART OR PARTS
THEREOF FOR WHICH BONDS OF THE AUTHORITY SHALL HAVE BEEN ISSUED, TO
ESTABLISH AND COLLECT RATES, RENTS, FEES, AND OTHER CHARGES REFERRED TO
IN THIS TITLE, TO FULFILL THE TERMS OF ANY CONTRACTS OR AGREEMENTS MADE
WITH OR FOR THE BENEFIT OF THE HOLDERS OF BONDS OR WITH ANY PERSON OR
PUBLIC CORPORATION WITH REFERENCE TO SUCH PROJECT OR PART THEREOF, OR IN
ANY WAY TO IMPAIR THE RIGHTS AND REMEDIES OF THE HOLDERS OF BONDS, UNTIL
THE BONDS, TOGETHER WITH INTEREST THEREON, INCLUDING INTEREST ON ANY
UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS AND EXPENSES IN
CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF OF THE HOLDERS
OF BONDS, ARE FULLY MET AND DISCHARGED AND SUCH CONTRACTS ARE FULLY
PERFORMED ON THE PART OF THE AUTHORITY. THE AUTHORITY IS AUTHORIZED TO
INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE
HOLDERS OF BONDS.
S. 9569--A 17
§ 2676-N. AGREEMENT WITH COUNTY. THE COUNTY IS AUTHORIZED TO PLEDGE TO
AND AGREE WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY PURSUANT
TO THIS TITLE AND WITH THOSE PERSONS OR PUBLIC CORPORATIONS WHO MAY
ENTER INTO CONTRACTS WITH THE AUTHORITY PURSUANT TO THE PROVISIONS OF
THIS TITLE THAT THE COUNTY WILL NOT ALTER, LIMIT OR IMPAIR THE RIGHTS
HEREBY VESTED IN THE AUTHORITY TO PURCHASE, CONSTRUCT, OWN AND OPERATE,
MAINTAIN, REPAIR, IMPROVE, RECONSTRUCT, RENOVATE, REHABILITATE, ENLARGE,
INCREASE AND EXTEND, OR DISPOSE OF ANY PROJECT, OR ANY PART OR PARTS
THEREOF, FOR WHICH BONDS OF THE AUTHORITY SHALL HAVE BEEN ISSUED, TO
ESTABLISH AND COLLECT RATES, RENTS, FEES AND OTHER CHARGES REFERRED TO
IN THIS TITLE, TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE
HOLDERS OF THE BONDS OR WITH ANY PUBLIC CORPORATION OR PERSON WITH
REFERENCE TO SUCH PROJECT OR PART THEREOF, OR IN ANY WAY IMPAIR THE
RIGHTS AND REMEDIES OF THE HOLDERS OF BONDS, UNTIL THE BONDS, TOGETHER
WITH INTEREST THEREON, INCLUDING INTEREST ON ANY UNPAID INSTALLMENTS OF
INTEREST, AND ALL COST AND EXPENSES IN CONNECTION WITH ANY ACTION OR
PROCEEDING BY OR ON BEHALF OF THE HOLDERS OF BONDS, ARE FULLY MET AND
DISCHARGED AND SUCH CONTRACTS ARE FULLY PERFORMED ON THE PART OF THE
AUTHORITY.
§ 2676-O. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. 1. THE
AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
REM LEVIES, OR ASSESSMENTS, WHETHER STATE OR LOCAL, INCLUDING BUT NOT
LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES, OR ASSESSMENTS ON
REAL PROPERTY, FRANCHISE TAXES, SALES TAXES, OR OTHER EXCISE TAXES, UPON
ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL OR SUPER-
VISION, OR UPON THE USES THEREOF, OR UPON ITS ACTIVITIES IN THE OPERA-
TION AND MAINTENANCE OF ITS FACILITIES OR ANY RENTALS, RATES, CHARGES,
FEES, REVENUES, OR OTHER INCOME RECEIVED BY THE AUTHORITY. NOTWITHSTAND-
ING THE PREVIOUS SENTENCE, THE AUTHORITY SHALL BE REQUIRED TO PAY WATER
AND PURE WATER FEES OR CHARGES AS MAY BE NEGOTIATED BY ANY PUBLIC CORPO-
RATION. THE AUTHORITY SHALL AT ALL TIMES BE EXEMPT FROM ANY FILING,
MORTGAGE RECORDING, OR TRANSFER FEES OR TAXES IN RELATION TO INSTRUMENTS
FILED, RECORDED, OR TRANSFERRED BY IT OR ON ITS BEHALF. THE
CONSTRUCTION, USE, OCCUPATION, OR POSSESSION OF ANY PROPERTY OWNED BY
THE AUTHORITY OR THE COUNTY, INCLUDING IMPROVEMENTS THEREON, BY ANY
PERSON OR PUBLIC CORPORATION UNDER A LEASE, LEASE AND SUBLEASE, OR ANY
OTHER AGREEMENT SHALL NOT OPERATE TO ABROGATE OR LIMIT THE FOREGOING
EXEMPTION, NOTWITHSTANDING THAT THE LESSEE, USER, OCCUPANT, OR PERSON IN
POSSESSION SHALL CLAIM OWNERSHIP FOR FEDERAL INCOME TAX PURPOSES.
2. ANY BONDS ISSUED PURSUANT TO THIS TITLE TOGETHER WITH THE INCOME
THEREFROM AS WELL AS THE PROPERTY OF THE AUTHORITY SHALL AT ALL TIMES BE
EXEMPT FROM TAXES, EXCEPT FOR TRANSFER AND ESTATE TAXES. THE STATE HERE-
BY COVENANTS WITH THE PURCHASERS AND WITH ALL SUBSEQUENT HOLDERS AND
TRANSFEREES OF BONDS ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE, IN
CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE BONDS, THAT THE
BONDS OF THE AUTHORITY ISSUED PURSUANT TO THIS TITLE AND THE INCOME
THEREFROM AND ALL REVENUES, MONIES, AND OTHER PROPERTY PLEDGED TO SECURE
THE PAYMENT OF SUCH BONDS SHALL AT ALL TIMES BE FREE FROM TAXATION,
EXCEPT FOR TRANSFER AND ESTATE TAXES.
§ 2676-P. ACTIONS AGAINST AUTHORITY. 1. EXCEPT IN AN ACTION FOR WRONG-
FUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE PROSECUTED OR MAIN-
TAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS, OR EMPLOYEES FOR
PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY ALLEGED TO HAVE
BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT, OR WRONGFUL ACT OF THE
AUTHORITY OR OF ANY MEMBER, OFFICER, AGENT, OR EMPLOYEE THEREOF, UNLESS
(A) A NOTICE OF CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE AUTHORITY
S. 9569--A 18
WITHIN THE TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION FIFTY-E OF
THE GENERAL MUNICIPAL LAW; (B) IT SHALL APPEAR BY AND AS AN ALLEGATION
IN THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED
SINCE THE SERVICE OF SUCH NOTICE AND THAT ADJUSTMENT OR PAYMENT THEREOF
HAS BEEN NEGLECTED OR REFUSED; (C) THE ACTION OR SPECIAL PROCEEDING
SHALL BE COMMENCED WITHIN ONE YEAR AND NINETY DAYS AFTER THE HAPPENING
OF THE EVENT UPON WHICH THE CLAIM IS BASED; AND (D) AN ACTION AGAINST
THE AUTHORITY FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORDANCE WITH
THE NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF
ARTICLE NINE OF THIS CHAPTER.
2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY, IT SHALL
HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
OCCURRENCE AND EXTENT OF THE INJURIES OR DAMAGES FOR WHICH CLAIM IS
MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
AL MUNICIPAL LAW.
3. THE AUTHORITY MAY REQUIRE ANY PERSON PRESENTING FOR SETTLEMENT AN
ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY TO BE
SWORN BEFORE A MEMBER, COUNSEL, OR AN ATTORNEY, OFFICER, OR EMPLOYEE OF
THE AUTHORITY DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND, WHEN SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
SUCH ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR THE PEOPLE OF
THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
TY OF THIS TITLE, SHALL BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
ACTION OR CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN ALL
COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION CAUSES, IRRE-
SPECTIVE OF POSITION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE
GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN ANY ACTION
OR PROCEEDING QUESTIONING THE VALIDITY OF THIS TITLE IN WHICH THE
AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH ACTION OR
PROCEEDING SHALL BE LAID IN THE SUPREME COURT OF THE COUNTY.
5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT ON ITS BONDS, SHALL BE THE
RATE PRESCRIBED BY SECTION FIVE THOUSAND FOUR OF THE CIVIL PRACTICE LAW
AND RULES. INTEREST ON PAYMENTS OF PRINCIPAL OR INTEREST ON ANY BONDS IN
DEFAULT SHALL ACCRUE AT THE RATE BORNE BY SUCH BONDS FROM THE DUE DATE
THEREOF UNTIL PAID OR OTHERWISE SATISFIED.
§ 2676-Q. CONTRACTS. 1. ALL CONTRACTS FOR CONSTRUCTION SHALL BE LET BY
THE AUTHORITY IN CONFORMITY WITH THE APPLICABLE PROVISIONS OF SECTION
ONE HUNDRED THIRTY-FIVE OF THE STATE FINANCE LAW AND SHALL BE LET IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW PERTAINING TO PREVAILING
WAGES, LABOR STANDARDS, AND WORKING HOURS.
2. THE AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS FOR SUPER-
VISION AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION OF
WORK FOR WHICH THE AUTHORITY RECEIVES BIDS. THE AUTHORITY SHALL NOT
AWARD ANY CONSTRUCTION CONTRACT EXCEPT TO THE LOWEST BIDDER WHO, IN ITS
OPINION, IS QUALIFIED TO PERFORM THE WORK REQUIRED AND WHO IS RESPONSI-
BLE AND RELIABLE. THE AUTHORITY MAY, HOWEVER, REJECT ANY OR ALL BIDS OR
WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST
WILL BE PROMOTED THEREBY. THE AUTHORITY MAY REJECT ANY BID IF, IN ITS
JUDGMENT, THE BUSINESS AND TECHNICAL ORGANIZATION, PLANT, RESOURCES,
FINANCIAL STANDING, OR EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION
IN VIEW OF THE WORK TO BE PERFORMED.
S. 9569--A 19
§ 2676-R. CODE OF ETHICS. 1. DEFINITION. AS USED IN THIS SECTION THE
TERM "AUTHORITY EMPLOYEE" SHALL MEAN ANY MEMBER, OFFICER, OR EMPLOYEE OF
THE AUTHORITY.
2. RULE WITH RESPECT TO CONFLICTS OF INTEREST. NO AUTHORITY EMPLOYEE
SHOULD HAVE ANY INTEREST, FINANCIAL OR OTHERWISE, DIRECT OR INDIRECT, OR
ENGAGE IN ANY BUSINESS OR TRANSACTION OR PROFESSIONAL ACTIVITY, OR INCUR
ANY OBLIGATION OF ANY NATURE, WHICH IS IN SUBSTANTIAL CONFLICT WITH THE
PROPER DISCHARGE OF SUCH AUTHORITY EMPLOYEE'S DUTIES IN THE PUBLIC
INTEREST.
3. STANDARDS. (A) NO AUTHORITY EMPLOYEE SHALL ACCEPT OTHER EMPLOYMENT
WHICH WILL IMPAIR SUCH AUTHORITY EMPLOYEE'S INDEPENDENCE OF JUDGMENT IN
THE EXERCISE OF SUCH AUTHORITY EMPLOYEE'S OFFICIAL DUTIES.
(B) NO AUTHORITY EMPLOYEE SHALL ACCEPT EMPLOYMENT OR ENGAGE IN ANY
BUSINESS OR PROFESSIONAL ACTIVITY WHICH WILL REQUIRE SUCH AUTHORITY
EMPLOYEE TO DISCLOSE CONFIDENTIAL INFORMATION WHICH SUCH AUTHORITY
EMPLOYEE HAS GAINED BY REASON OF SUCH AUTHORITY EMPLOYEE'S OFFICIAL
POSITION OR AUTHORITY.
(C) NO AUTHORITY EMPLOYEE SHALL DISCLOSE CONFIDENTIAL INFORMATION
ACQUIRED BY SUCH AUTHORITY EMPLOYEE IN THE COURSE OF SUCH AUTHORITY
EMPLOYEE'S OFFICIAL DUTIES NOR USE SUCH INFORMATION TO FURTHER SUCH
AUTHORITY EMPLOYEE'S PERSONAL INTERESTS.
(D) NO AUTHORITY EMPLOYEE SHALL USE OR ATTEMPT TO USE SUCH AUTHORITY
EMPLOYEE'S OFFICIAL POSITION TO SECURE UNWARRANTED PRIVILEGES OR
EXEMPTIONS FOR SUCH AUTHORITY EMPLOYEE OR OTHERS.
(E) NO AUTHORITY EMPLOYEE SHALL ENGAGE IN ANY TRANSACTION AS REPRESEN-
TATIVE OR AGENT OF THE AUTHORITY WITH ANY BUSINESS ENTITY IN WHICH SUCH
AUTHORITY EMPLOYEE HAS A DIRECT OR INDIRECT FINANCIAL INTEREST THAT
MIGHT REASONABLY TEND TO CONFLICT WITH THE PROPER DISCHARGE OF SUCH
AUTHORITY EMPLOYEE'S OFFICIAL DUTIES.
(F) AN AUTHORITY EMPLOYEE SHALL NOT BY SUCH AUTHORITY EMPLOYEE'S
CONDUCT GIVE REASONABLE BASIS FOR THE IMPRESSION THAT ANY PERSON CAN
IMPROPERLY INFLUENCE SUCH AUTHORITY EMPLOYEE OR UNDULY ENJOY SUCH
AUTHORITY EMPLOYEE'S FAVOR IN THE PERFORMANCE OF SUCH AUTHORITY EMPLOY-
EE'S OFFICIAL DUTIES, OR THAT SUCH AUTHORITY EMPLOYEE IS AFFECTED BY THE
KINSHIP, RANK, POSITION OR INFLUENCE OF ANY PARTY OR PERSON.
(G) AN AUTHORITY EMPLOYEE SHALL ABSTAIN FROM MAKING PERSONAL INVEST-
MENTS IN ENTERPRISES WHICH SUCH AUTHORITY EMPLOYEE HAS REASON TO BELIEVE
MAY BE DIRECTLY INVOLVED IN DECISIONS TO BE MADE BY SUCH AUTHORITY
EMPLOYEE OR WHICH WILL OTHERWISE CREATE SUBSTANTIAL CONFLICT BETWEEN
SUCH AUTHORITY EMPLOYEE'S DUTY IN THE PUBLIC INTEREST AND SUCH AUTHORITY
EMPLOYEE'S PRIVATE INTEREST.
(H) AN AUTHORITY EMPLOYEE SHALL ENDEAVOR TO PURSUE A COURSE OF CONDUCT
WHICH WILL NOT RAISE SUSPICION AMONG THE PUBLIC THAT SUCH AUTHORITY
EMPLOYEE IS LIKELY TO BE ENGAGED IN ACTS THAT ARE IN VIOLATION OF SUCH
AUTHORITY EMPLOYEE'S TRUST.
(I) NO AUTHORITY EMPLOYEE EMPLOYED ON A FULL-TIME BASIS NOR ANY FIRM
OR ASSOCIATION OF WHICH SUCH AUTHORITY EMPLOYEE IS A MEMBER NOR CORPO-
RATION A SUBSTANTIAL PORTION OF THE STOCK OF WHICH IS OWNED OR
CONTROLLED DIRECTLY OR INDIRECTLY BY SUCH AUTHORITY EMPLOYEE, SHOULD
SELL GOODS OR SERVICES TO ANY PERSON, FIRM, CORPORATION OR ASSOCIATION
WHICH IS LICENSED OR WHOSE RATES ARE FIXED BY THE AUTHORITY IN WHICH
SUCH AUTHORITY EMPLOYEE SERVES OR IS EMPLOYED.
(J) IF ANY AUTHORITY EMPLOYEE SHALL HAVE A FINANCIAL INTEREST, DIRECT
OR INDIRECT, HAVING A VALUE OF TEN THOUSAND DOLLARS OR MORE IN ANY
ACTIVITY WHICH IS SUBJECT TO THE JURISDICTION OF A REGULATORY AGENCY,
SUCH AUTHORITY EMPLOYEE SHALL FILE WITH THE SECRETARY OF STATE A WRITTEN
S. 9569--A 20
STATEMENT THAT SUCH AUTHORITY EMPLOYEE HAS SUCH A FINANCIAL INTEREST IN
SUCH ACTIVITY WHICH STATEMENT SHALL BE OPEN TO PUBLIC INSPECTION.
4. VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER
PROVISION OF LAW ANY SUCH AUTHORITY EMPLOYEE WHO SHALL KNOWINGLY AND
INTENTIONALLY VIOLATE ANY OF THE PROVISIONS OF THIS SECTION MAY BE
FINED, SUSPENDED, OR REMOVED FROM OFFICE OR EMPLOYMENT.
§ 2676-S. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES. 1. IN ORDER
TO ASSURE THAT MUNICIPALITIES SHALL NOT SUFFER UNDUE LOSS OF TAXES OR
ASSESSMENTS IN THE EVENT THAT THE AUTHORITY ACQUIRES ANY FACILITY FROM
THE COUNTY, ANY PERSON PAYING REAL PROPERTY TAXES OR ASSESSMENTS AS OF
THE DATE OF THE TRANSFER OF TITLE FROM THE COUNTY TO THE AUTHORITY ON
ANY PROPERTY LOCATED WITHIN ANY SUCH FACILITY SHALL MAKE PAYMENTS IN
LIEU OF TAXES IN AN AMOUNT EQUAL TO THE SUMS WHICH WOULD ORDINARILY BE
IMPOSED AS TAXES BY ANY MUNICIPALITY IN WHICH SUCH PROPERTY IS LOCATED,
PURSUANT TO THE PREVAILING METHOD OF DETERMINING TAXES AND ASSESSMENTS.
2. SUBJECT TO ANY AGREEMENT WITH BOND HOLDERS, THE AUTHORITY MAY, WITH
THE APPROVAL OF THE COUNTY, BUT SHALL NOT BE REQUIRED TO, ENTER INTO
AGREEMENTS WITH ANY MUNICIPALITY OF THE STATE TO PAY ANNUAL SUMS IN LIEU
OF TAXES TO ANY SUCH MUNICIPALITY IN RESPECT OF ANY REAL PROPERTY WHICH
IS OWNED BY THE AUTHORITY IS LOCATED IN SUCH MUNICIPALITY AND IS USED
FOR PUBLIC PURPOSES. FOR THE PURPOSES OF THIS SECTION, SUCH PUBLIC
PURPOSES SHALL INCLUDE WITHOUT LIMITATION ATHLETIC FACILITIES, EDUCA-
TIONAL FACILITIES, PERFORMING ARTS FACILITIES, OR RESIDENTIAL FACILI-
TIES.
3. (A) IN THE EVENT THAT ANY REAL PROPERTY OWNED BY THE AUTHORITY IS
USED BY THE AUTHORITY OR A LESSEE THEREOF FOR PURPOSES OTHER THAN PUBLIC
PURPOSES, THE AUTHORITY, OR LESSEE THEREOF, AS THE CASE MAY BE, MAY,
WITH THE APPROVAL OF THE COUNTY, ENTER INTO AGREEMENTS WITH ANY MUNICI-
PALITY OF THE STATE TO PAY ANNUAL SUMS IN LIEU OF TAXES IN RESPECT OF
SUCH REAL PROPERTY LOCATED IN SUCH MUNICIPALITY. FOR THE PURPOSES OF
THIS SECTION, SUCH PURPOSES OTHER THAN PUBLIC PURPOSES SHALL INCLUDE
WITHOUT LIMITATION, ATHLETIC FACILITIES, EDUCATIONAL FACILITIES,
PERFORMING ARTS FACILITIES, RESIDENTIAL FACILITIES, OR OFFICE BUILDINGS
TO THE EXTENT NOT USED BY THE AUTHORITY OR ANY OTHER PUBLIC CORPORATION
FOR ITS OWN CORPORATE PURPOSES, AND SUCH OTHER BUILDINGS AND IMPROVE-
MENTS AS DETERMINED BY THE AUTHORITY TO BE NOT EXCLUSIVELY FOR PUBLIC
PURPOSES.
(B) THE AUTHORITY SHALL DETERMINE (I) THE AMOUNT OF SUCH ANNUAL
PAYMENTS IN LIEU OF TAXES; (II) WHETHER THE USE OF SUCH PROPERTY IS FOR
PURPOSES OTHER THAN PUBLIC PURPOSES; AND (III) THE EXTENT TO WHICH SUCH
PROPERTY IS USED FOR PURPOSES OTHER THAN PUBLIC PURPOSES. IN MAKING SUCH
DETERMINATIONS THE AUTHORITY SHALL TAKE INTO CONSIDERATION THE RECOMMEN-
DATIONS, IF ANY, OF THE COUNTY.
§ 2676-T. AUDIT AND ANNUAL REPORT. IN CONFORMITY WITH THE PROVISIONS
OF SECTION FIVE OF ARTICLE TEN OF THE STATE CONSTITUTION, THE ACCOUNTS
OF THE AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE STATE COMP-
TROLLER AND AN ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT CERTI-
FIED ACCOUNTANT. THE AUTHORITY SHALL ANNUALLY SUBMIT TO THE COUNTY COMP-
TROLLER, COUNTY LEGISLATURE, COUNTY EXECUTIVE, GOVERNOR, THE STATE
COMPTROLLER, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, AND THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE A DETAILED REPORT
PURSUANT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAP-
TER, AND A COPY OF SUCH REPORT SHALL BE FILED WITH THE CLERK OF THE
COUNTY LEGISLATURE AND THE COUNTY EXECUTIVE.
§ 2676-U. LIMITED LIABILITY. NEITHER MEMBERS, OFFICERS, OR EMPLOYEES
OF THE AUTHORITY, NOR ANY MUNICIPALITY, OR AN OFFICER OR EMPLOYEE THERE-
S. 9569--A 21
OF ACTING ON BEHALF OF THE AUTHORITY, SHALL BE SUBJECT TO ANY PERSONAL
LIABILITY RESULTING FROM THE CONSTRUCTION, MAINTENANCE, OR OPERATION OF
ANY OF THE PROPERTIES OF THE AUTHORITY OR FROM CARRYING OUT ANY OF THE
POWERS EXPRESSLY GIVEN IN THIS TITLE PROVIDED, HOWEVER, THAT THIS
SECTION SHALL NOT BE HELD TO APPLY TO ANY INDEPENDENT CONTRACTOR.
§ 2676-V. TRANSFER OF APPLICATIONS, PROCEEDINGS, APPROVALS, AND
PERMITS. 1. ANY APPLICATION, REVIEW OR PROCESS IN RELATION TO OR IN
FURTHERANCE OF THE PURPOSES OF OR CONTEMPLATED BY THIS TITLE HERETOFORE
FILED OR UNDERTAKEN, OR ANY PROCEEDING HERETOFORE COMMENCED OR ANY
DETERMINATION, FINDING OR AWARD MADE, BY THE COUNTY OR BY THE COUNTY
WITH THE FEDERAL GOVERNMENT, OR ANY OTHER PUBLIC CORPORATION SHALL INURE
TO AND FOR THE BENEFIT OF THE AUTHORITY TO THE SAME EXTENT AND IN THE
SAME MANNER AS IF THE AUTHORITY HAS BEEN A PARTY TO SUCH APPLICATION,
REVIEW, PROCESS, OR PROCEEDING FROM ITS INCEPTION, AND THE AUTHORITY
SHALL BE DEEMED A PARTY THERETO, TO THE EXTENT NOT PROHIBITED BY ANY
FEDERAL LAW. ANY LICENSE, APPROVAL, PERMIT, DETERMINATION, FINDING,
AWARD, OR DECISION HERETOFORE OR THEREAFTER ISSUED OR GRANTED PURSUANT
TO OR AS A RESULT OF ANY SUCH APPLICATION, REVIEW, PROCESS OR PROCEEDING
SHALL INURE TO THE BENEFIT OF AND BE BINDING UPON THE AUTHORITY AND
SHALL BE ASSIGNED AND TRANSFERRED BY THE COUNTY TO THE AUTHORITY UNLESS
SUCH ASSIGNMENT AND TRANSFER IS PROHIBITED BY FEDERAL LAW.
2. ALL SUCH APPLICATIONS, PROCEEDINGS, LICENSES, APPROVALS, PERMITS,
DETERMINATIONS, FINDINGS, AWARDS, AND DECISIONS SHALL FURTHER INURE TO
AND FOR THE BENEFIT OF AND BE BINDING UPON ANY PERSON LEASING, ACQUIR-
ING, FINANCING, CONSTRUCTING, MAINTAINING, OPERATING, USING, OR OCCUPY-
ING ANY FACILITY FINANCED IN WHOLE OR IN PART BY THE AUTHORITY.
§ 2676-W. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION,
OR PART OF THIS TITLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION, OR PART THEREOF INVOLVED IN
THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2676-X. EFFECT OF INCONSISTENT PROVISIONS. IN SO FAR AS THE
PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY
OTHER ACT, GENERAL OR SPECIAL, OR OF THE COUNTY CHARTER OR ANY LOCAL
LAW, CHARTER, ORDINANCE OR RESOLUTION OF THE COUNTY OR ANOTHER MUNICI-
PALITY, THE PROVISIONS OF THIS TITLE SHALL BE CONTROLLING. NOTHING
CONTAINED IN THIS SECTION SHALL BE HELD TO SUPPLEMENT OR OTHERWISE
EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE SET FORTH IN THIS
TITLE. EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS TITLE, IN THE
PERFORMANCE OF ANY OF ITS FUNCTIONS, POWERS AND DUTIES, THE AUTHORITY
SHALL BE SUBJECT TO ALL APPLICABLE GENERAL OR SPECIAL LAWS OF THE STATE,
THE COUNTY CHARTER, AND ANY LOCAL LAW, ORDINANCE OR RESOLUTION OF THE
COUNTY.
§ 2. This act shall take effect immediately.
