Legislation
SECTION 2676-G
Special powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-C
§ 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
corporation. In connection with the operation of any such facilities,
the authority may establish, construct, effectuate, operate, manage,
maintain, renovate, improve, extend, or repair, or may provide by
contract, lease, or other arrangement for the establishment,
construction, effectuation, 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
establishment, fixing, revision, levy and collection of such rentals,
rates, charges, concession fees and other fees as it may deem necessary,
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
establishment 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
including 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.
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
acceptance 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
authority 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
writing and be made available in the office of the authority for public
inspection during regular office hours.
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
corporation. In connection with the operation of any such facilities,
the authority may establish, construct, effectuate, operate, manage,
maintain, renovate, improve, extend, or repair, or may provide by
contract, lease, or other arrangement for the establishment,
construction, effectuation, 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
establishment, fixing, revision, levy and collection of such rentals,
rates, charges, concession fees and other fees as it may deem necessary,
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
establishment 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
including 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.
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
acceptance 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
authority 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
writing and be made available in the office of the authority for public
inspection during regular office hours.