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This entry was published on 2014-09-22
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SECTION 1470-E
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 7, TITLE 3-A
* § 1470-e. Conveyance of property by the city to the authority;
acquisition of property by the city or by the authority. 1. The city
may, by resolution or resolutions of the common council or by
instruments authorized by such resolutions, convey, with or without
consideration, to the authority real and personal property owned by the
city for use by the authority as a project or projects or a part
thereof. In case of real property so conveyed, the title thereto shall
remain in the city but the authority shall have the use and occupancy
thereof for so long as its corporate existence shall continue. In the
case of personal property so conveyed, the title shall pass to the
authority.

2. The city may acquire by purchase or condemnation real property in
the name of the city for any of the projects or for the widening of
existing roads, streets, parkways, avenues or highways or for new roads,
streets, parkways, avenues or highways to any of the projects, or partly
for such purposes and partly for other city purposes, by purchase or
condemnation in the manner provided by law for the acquisition of real
property by the city. The city may close such streets, roads, parkways,
avenues, or highways as may be necessary or convenient.

3. Contracts may be entered into between the city and the authority
providing for the property to be conveyed by the city to the authority,
the additional property to be acquired by the city and so conveyed, the
streets, roads, parkways, avenues, and highways to be closed by the city
and the amounts, terms and conditions of payment to be made by the
authority. Such contracts may also contain covenants by the city as to
the road, street, parkway, avenue and highway improvements to be made by
the city. Any such contracts between the city and the authority may be
pledged by the authority to secure its bonds and may not be modified
thereafter except as provided by the terms of the pledge. The authority
may authorize such contracts between the city and the authority and no
other authorization on the part of the city for such contracts shall be
necessary. Any such contracts may be so authorized and entered into by
the city and in such manner as the authority may determine, and the
payments required to be made by the city may be made and financed
notwithstanding that no provision therefor shall have first been made in
the capital budget of the city. All contractual or other obligations of
the city incurred in carrying out the provisions of this title shall be
included in and provided for by each capital budget of the city
thereafter made, if and to the extent that they may appropriately be
included therein.

4. The authority may itself acquire real property for a project in the
name of the city at the cost and expense of the authority by purchase or
condemnation pursuant to the condemnation law or pursuant to the laws
relating to the condemnation of land by the city. The authority shall
have the use and occupancy of such real property so long as its
corporate existence shall continue.

5. In case the authority shall have the use and occupancy of any real
property which it shall determine is no longer required for a project
then, if such real property was acquired at the cost and expense of the
city, the authority shall have power to surrender its use and occupancy
thereof to the city, or, if such real property was acquired at the cost
and expense of the authority, then the authority shall have power to
sell at public auction, lease or otherwise dispose of said real property
and shall retain and have the power to use the proceeds of sale, rentals
or other moneys derived from the disposition thereof for its purposes.

* NB City of Rome Parking Authority ceased to exist 12/31/2000 per §
1470-b, and thereafter until all liabilities have been met/discharged,
and all bonds paid/discharged