Legislation
SECTION 1599-F*4
Advances on behalf of the authority; conveyance of property by the city to the authority; acquisition of property by the city or by the a...
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 7, TITLE 14***
* § 1599-f. Advances on behalf of the authority; conveyance of
property by the city to the authority; acquisition of property by the
city or by the authority.
1. In addition to any powers granted to it by law, the city from time
to time may appropriate sums of money to or on behalf of the authority
to defray project costs or any other costs and expenses of the
authority. Subject to the rights of bondholders, the city may determine
if the moneys so appropriated shall be subject to repayment by the
authority to the city and, in such event, the manner and time or times
for such repayment.
2. The city may, by resolution or resolutions of the city council or
by instruments authorized by such resolutions, convey, with or without
consideration, and upon appropriate conditions as to outstanding city
bonds appertaining thereto, 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 the case of real and/or personal property so conveyed,
the title shall pass to the authority.
3. The city may acquire in the name of the city by gift, purchase or
eminant domain real property in the city for any of the projects or for
the widening of existing roads, streets, avenues or highways, or for new
roads, streets, avenues or highways within a radius of one mile to any
of the projects, or partly for such purposes and partly for other city
purposes, by gift, purchase or eminent domain in the manner provided by
law for the acquisition of real property by the city. For like purposes,
the city may close such streets, roads, avenues, or highways as may be
necessary or convenient, except as to state highways and arterial ways
which may not be closed without the consent of the state commissioner of
transportation.
4. 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, 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, avenue and highway improvements to be made by the city and as to
such matters which pertain to any conveyance of property to the
authority. 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 such contract and such
pledge. The city council 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 city
council may determine, and the payments required to be made by the city
may be made and financed notwithstanding that no provisions therefor
shall have first been made in the annual appropriations 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 annual appropriation of the city thereafter made, if and to the
extent that they may appropriately be included therein.
5. The authority may itself acquire real property necessary or
convenient in connection with any project in the name of the authority
at the cost and expense of the authority by gift, purchase, or eminent
domain pursuant to the eminent domain procedure law or pursuant to the
laws relating to the acquisition of land by eminant domain by the city.
6. 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 property was acquired at the cost and expense of the city,
the authority shall have the 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 the power to
sell, lease or otherwise dispose of said real property at public or
private sale, 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 Authority ceased to exist 08/05/2002
* NB There are 4 § 1599-f's
property by the city to the authority; acquisition of property by the
city or by the authority.
1. In addition to any powers granted to it by law, the city from time
to time may appropriate sums of money to or on behalf of the authority
to defray project costs or any other costs and expenses of the
authority. Subject to the rights of bondholders, the city may determine
if the moneys so appropriated shall be subject to repayment by the
authority to the city and, in such event, the manner and time or times
for such repayment.
2. The city may, by resolution or resolutions of the city council or
by instruments authorized by such resolutions, convey, with or without
consideration, and upon appropriate conditions as to outstanding city
bonds appertaining thereto, 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 the case of real and/or personal property so conveyed,
the title shall pass to the authority.
3. The city may acquire in the name of the city by gift, purchase or
eminant domain real property in the city for any of the projects or for
the widening of existing roads, streets, avenues or highways, or for new
roads, streets, avenues or highways within a radius of one mile to any
of the projects, or partly for such purposes and partly for other city
purposes, by gift, purchase or eminent domain in the manner provided by
law for the acquisition of real property by the city. For like purposes,
the city may close such streets, roads, avenues, or highways as may be
necessary or convenient, except as to state highways and arterial ways
which may not be closed without the consent of the state commissioner of
transportation.
4. 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, 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, avenue and highway improvements to be made by the city and as to
such matters which pertain to any conveyance of property to the
authority. 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 such contract and such
pledge. The city council 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 city
council may determine, and the payments required to be made by the city
may be made and financed notwithstanding that no provisions therefor
shall have first been made in the annual appropriations 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 annual appropriation of the city thereafter made, if and to the
extent that they may appropriately be included therein.
5. The authority may itself acquire real property necessary or
convenient in connection with any project in the name of the authority
at the cost and expense of the authority by gift, purchase, or eminent
domain pursuant to the eminent domain procedure law or pursuant to the
laws relating to the acquisition of land by eminant domain by the city.
6. 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 property was acquired at the cost and expense of the city,
the authority shall have the 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 the power to
sell, lease or otherwise dispose of said real property at public or
private sale, 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 Authority ceased to exist 08/05/2002
* NB There are 4 § 1599-f's