Legislation
SECTION 703
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 8
§ 703. Powers of the authority. The authority shall have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes;
4. To acquire, by purchase or condemnation pursuant to the
condemnation law, such real property or rights or easements therein, as
may be necessary or proper for the construction or operation of the
bridge, and to sell any such property not needed for its corporate
purposes;
5. To make by-laws for the management and regulation of its affairs;
6. To contract for professional services and to employ consulting
engineers for the design of the bridge and supervision of its
construction, and to employ legal consultants in both the United States
and Canada; to appoint officers, agents and employees and engineers, and
fix their compensation;
7. To make contracts and to execute all instruments necessary or
convenient;
8. By contract or contracts or by its own employees to construct and
to maintain and operate a bridge across the Saint Lawrence river at or
near the city of Ogdensburg, in the county of Saint Lawrence, New York,
and the approach roads which are necessary to connect the bridge with
the state highway system in the state of New York at a point and in a
manner approved by the state department of transportation and with the
nearest highway in the province of Ontario and to acquire any property
or rights of any person, firm or corporation deemed by the authority to
be necessary or desirable in connection with the construction or
operation of the bridge;
9. To charge tolls for the use of the bridge at rates sufficient to
provide for payment of all expenses of the authority, the conservation,
maintenance and operation of the bridge, the payment of the interest on
and the principal of all bonds issued by the authority under the
provisions of this title, and reserves for such purposes, subject to and
in accordance with such agreements with bondholders as may be made as
hereinafter provided;
10. To exercise in Canada all rights, powers and authority which shall
be granted or permitted to the authority by the proper authorities of
Canada or of the province of Ontario, including the entering upon lands
and acquiring, condemning, occupying, possessing, and using such real
estate and other property in Canada as may be needed by the authority in
carrying out the powers herein granted;
11. Prior to the opening of the bridge for automotive traffic, to
purchase, maintain and operate all or any ferries across the Saint
Lawrence river within five miles of the location which shall be selected
for said bridge, subject to the conditions and limitations contained in
this title, and subject to the approval of the proper authorities in the
government of Canada, subject to the approval of the comptroller of the
state of New York and subject to the approval of the form of contract by
the attorney general of the state of New York. Nothing contained in
this title shall require the authority or its successors to maintain or
operate any ferry or ferries purchased under the authority of this title
and upon opening of the bridge for automotive traffic such automotive
ferry or automotive ferry operations shall be terminated, but nothing in
this article shall prohibit any party from operating a non-automotive
ferry between Ogdensburg and Prescott. Upon the termination of such
ferry or ferries operations any ferry or ferries so purchased, with the
appurtenances and property thereto connected and belonging, shall be
sold in such manner, at such time or times and for such amounts as shall
be approved by the director of the budget of the state of New York. The
authority and its successors may fix such rates and tolls for the use of
such ferry or ferries as it may deem proper, subject to the same
conditions provided by this title as to tolls for traffic over the
bridge. All tolls collected for the use of the ferry or ferries and the
proceeds from any sale or disposition of any ferry or ferries shall be
used, as far as may be necessary, to pay the cost of maintaining,
repairing and operating the same, and any residue thereof shall be paid
to the state comptroller as agent of the authority and deposited by him
to the credit of the Ogdensburg bridge fund;
12. To construct and maintain over, under, along or across the bridge
and approach roads telephone, telegraph or electric wires and cables,
gas mains, water mains, and other mechanical equipment not inconsistent
with the appropriate use of the bridge and approach roads, and to
contract for such construction and to lease the right to construct or
use the same on such terms and for such considerations as it shall
determine; provided, however, that no such lease shall extend for a
period of more than twenty years or beyond the final date of maturity of
any bonds issued and outstanding under the authority of this title;
13. To purchase, construct and maintain facilities for the public,
consistent with the use of the bridge, to contract for such
construction, and to lease the right to construct or use such facilities
on such terms and for such considerations as it shall determine;
provided, however, that no lease shall be made for a period of more than
thirty years from the date when it is made;
14. To issue its negotiable bonds and to provide for the rights of the
holders thereof;
15. To enter on any lands, waters and premises for the purpose of
making surveys, soundings and examinations;
16. To accept grants of money or real or personal property from the
federal or state governments or agencies thereof, or from municipal
corporations, or any other lawful source for its corporate purposes;
17. To do all things necessary or convenient to carry out the powers
expressly given in this title except that the construction of the bridge
herein authorized shall not be begun or any property acquired until
after the necessary consents and approvals of the federal government and
of the government of Canada or any subdivision or agency thereof having
jurisdiction shall have been obtained.
18. To establish, maintain and operate, either by contract or
contracts or by its own employees, a public bus transportation system,
from an area in the vicinity of Sophia street in the city of Prescott,
province of Ontario, Canada, over and across the Ogdensburg bridge to an
area in the vicinity of Saint Lawrence avenue in the city of Ogdensburg,
county of Saint Lawrence, state of New York, in a manner to be
determined by the authority subject to the laws, rules and regulations
pertaining to public bus transportation of the government of Canada,
province of Ontario and the city of Prescott and subject to the laws,
rules and regulations pertaining to public bus transportation of the
government of the United States of America, state of New York, county of
Saint Lawrence and the city of Ogdensburg.
19. To rehabilitate and modernize the building known as "Garden
Cottage" and utilize, operate and maintain such building as a port
facilities building including therein suitable accommodations for the
authority's administration headquarters, a tourist information and
service center and other office accommodations which may be leased or
rented for public or private purposes.
20. To assist and cooperate with the Ogdensburg port authority and
other official agencies in promoting the development and use of the
Ogdensburg bridge, harbor and port facilities and when requested by it
to make available to the Ogdensburg port authority at a nominal rental
suitable accommodations in the port facilities building for the
administration headquarters of such port authority.
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes;
4. To acquire, by purchase or condemnation pursuant to the
condemnation law, such real property or rights or easements therein, as
may be necessary or proper for the construction or operation of the
bridge, and to sell any such property not needed for its corporate
purposes;
5. To make by-laws for the management and regulation of its affairs;
6. To contract for professional services and to employ consulting
engineers for the design of the bridge and supervision of its
construction, and to employ legal consultants in both the United States
and Canada; to appoint officers, agents and employees and engineers, and
fix their compensation;
7. To make contracts and to execute all instruments necessary or
convenient;
8. By contract or contracts or by its own employees to construct and
to maintain and operate a bridge across the Saint Lawrence river at or
near the city of Ogdensburg, in the county of Saint Lawrence, New York,
and the approach roads which are necessary to connect the bridge with
the state highway system in the state of New York at a point and in a
manner approved by the state department of transportation and with the
nearest highway in the province of Ontario and to acquire any property
or rights of any person, firm or corporation deemed by the authority to
be necessary or desirable in connection with the construction or
operation of the bridge;
9. To charge tolls for the use of the bridge at rates sufficient to
provide for payment of all expenses of the authority, the conservation,
maintenance and operation of the bridge, the payment of the interest on
and the principal of all bonds issued by the authority under the
provisions of this title, and reserves for such purposes, subject to and
in accordance with such agreements with bondholders as may be made as
hereinafter provided;
10. To exercise in Canada all rights, powers and authority which shall
be granted or permitted to the authority by the proper authorities of
Canada or of the province of Ontario, including the entering upon lands
and acquiring, condemning, occupying, possessing, and using such real
estate and other property in Canada as may be needed by the authority in
carrying out the powers herein granted;
11. Prior to the opening of the bridge for automotive traffic, to
purchase, maintain and operate all or any ferries across the Saint
Lawrence river within five miles of the location which shall be selected
for said bridge, subject to the conditions and limitations contained in
this title, and subject to the approval of the proper authorities in the
government of Canada, subject to the approval of the comptroller of the
state of New York and subject to the approval of the form of contract by
the attorney general of the state of New York. Nothing contained in
this title shall require the authority or its successors to maintain or
operate any ferry or ferries purchased under the authority of this title
and upon opening of the bridge for automotive traffic such automotive
ferry or automotive ferry operations shall be terminated, but nothing in
this article shall prohibit any party from operating a non-automotive
ferry between Ogdensburg and Prescott. Upon the termination of such
ferry or ferries operations any ferry or ferries so purchased, with the
appurtenances and property thereto connected and belonging, shall be
sold in such manner, at such time or times and for such amounts as shall
be approved by the director of the budget of the state of New York. The
authority and its successors may fix such rates and tolls for the use of
such ferry or ferries as it may deem proper, subject to the same
conditions provided by this title as to tolls for traffic over the
bridge. All tolls collected for the use of the ferry or ferries and the
proceeds from any sale or disposition of any ferry or ferries shall be
used, as far as may be necessary, to pay the cost of maintaining,
repairing and operating the same, and any residue thereof shall be paid
to the state comptroller as agent of the authority and deposited by him
to the credit of the Ogdensburg bridge fund;
12. To construct and maintain over, under, along or across the bridge
and approach roads telephone, telegraph or electric wires and cables,
gas mains, water mains, and other mechanical equipment not inconsistent
with the appropriate use of the bridge and approach roads, and to
contract for such construction and to lease the right to construct or
use the same on such terms and for such considerations as it shall
determine; provided, however, that no such lease shall extend for a
period of more than twenty years or beyond the final date of maturity of
any bonds issued and outstanding under the authority of this title;
13. To purchase, construct and maintain facilities for the public,
consistent with the use of the bridge, to contract for such
construction, and to lease the right to construct or use such facilities
on such terms and for such considerations as it shall determine;
provided, however, that no lease shall be made for a period of more than
thirty years from the date when it is made;
14. To issue its negotiable bonds and to provide for the rights of the
holders thereof;
15. To enter on any lands, waters and premises for the purpose of
making surveys, soundings and examinations;
16. To accept grants of money or real or personal property from the
federal or state governments or agencies thereof, or from municipal
corporations, or any other lawful source for its corporate purposes;
17. To do all things necessary or convenient to carry out the powers
expressly given in this title except that the construction of the bridge
herein authorized shall not be begun or any property acquired until
after the necessary consents and approvals of the federal government and
of the government of Canada or any subdivision or agency thereof having
jurisdiction shall have been obtained.
18. To establish, maintain and operate, either by contract or
contracts or by its own employees, a public bus transportation system,
from an area in the vicinity of Sophia street in the city of Prescott,
province of Ontario, Canada, over and across the Ogdensburg bridge to an
area in the vicinity of Saint Lawrence avenue in the city of Ogdensburg,
county of Saint Lawrence, state of New York, in a manner to be
determined by the authority subject to the laws, rules and regulations
pertaining to public bus transportation of the government of Canada,
province of Ontario and the city of Prescott and subject to the laws,
rules and regulations pertaining to public bus transportation of the
government of the United States of America, state of New York, county of
Saint Lawrence and the city of Ogdensburg.
19. To rehabilitate and modernize the building known as "Garden
Cottage" and utilize, operate and maintain such building as a port
facilities building including therein suitable accommodations for the
authority's administration headquarters, a tourist information and
service center and other office accommodations which may be leased or
rented for public or private purposes.
20. To assist and cooperate with the Ogdensburg port authority and
other official agencies in promoting the development and use of the
Ogdensburg bridge, harbor and port facilities and when requested by it
to make available to the Ogdensburg port authority at a nominal rental
suitable accommodations in the port facilities building for the
administration headquarters of such port authority.