GENERAL REFERENCES
Additional provisions regarding the airport — See Ch. 205.
This title may be cited as the "Monroe County Airport Authority
Act".
The legislature hereby finds and declares as follows:
1.
The economic well-being of the state and the general welfare of its
people require adequate, safe, secure and efficient aviation and transportation
facilities at a reasonable cost to the people.
2.
The strengthening and improvement of aviation facilities and related
services for the western part of the state is a matter of vital importance
not only to the residents of western New York but to all the state's
residents and is therefore a matter of state concern.
3.
In order to insure a healthy economy for such area and to promote
the general welfare of its residents, it is necessary to expand and
improve the existing aviation facilities and services in Monroe county
in such a manner as to stimulate and promote increased local, state,
national and international air travel and commerce through western
New York.
4.
The health, welfare, safety and security of the state's residents
and of those passengers using air transportation requires coordinated
operation of aviation facilities and services in Monroe county by
a public benefit airport authority.
5.
The purposes of such authority shall be (i) to stimulate and promote
economic development, trade and tourism (ii) to acquire, construct,
reconstruct, continue, develop, equip, expand, improve, maintain,
finance and operate aviation and other related facilities and services
within Monroe county (iii) to promote safe, secure, efficient and
economical air transportation by preserving and enhancing airport
capacity (iv) to form an integral part of a safe and effective nationwide
system of airports to meet the present and future needs of civil aeronautics
and national defense and to assure inclusion of the authority's
facilities in state, national and international programs for air transportation
and for airport or airway capital improvement, all in accordance with
the provisions of this title (v) to insure that aviation facilities
authorized pursuant to this title shall provide for the protection
and enhancement of the natural resources and the quality of the environment
of the state and the western New York area.
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,
reconstruction, 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
governmental function by the authority or the county acting in its
governmental capacity, whether such project shall be owned or operated
by the authority or by any person or public corporation.
As used or referred to in this title, unless a different meaning
clearly appears from the context:
1.
"Airport" (a) shall mean any area of land or water which is used,
or intended for use, for the landing and takeoff of aircraft, and
any appurtenant areas which are used, or intended for use, for airport
buildings or other airport facilities or rights-of-way, together with
all airport buildings and facilities located thereon; and (b) includes
any heliport.
2.
"Airport hazard" shall mean any structure or object of natural growth
located on or in the vicinity of an airport, or any use of land near
such an airport, which obstructs the airspace required for the flight
of aircraft in landing or taking off at such airport or is otherwise
hazardous to such landing or taking off of aircraft.
3.
"Authority" shall mean the corporation created by this title.
4.
"Aviation facilities" shall mean any airport facility or terminal
including but not limited to any facility, property or equipment necessary,
convenient or desirable for the landing, taking off, accommodation
or servicing of aircraft of all types, 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 an airport including facilities, equipment, property,
structures, and appurtenances, leased by the authority to persons,
engaged in air transportation or the production or development of
materials, goods or equipment for an airport or air transportation
or in providing facilities or equipment for the accommodation, safety,
security or comfort of the traveling public and for purposes related
or incidental to one or more of the foregoing purposes. It shall include,
without limitation, runways, aprons, hangars, control towers, ramps,
taxiways, navigation aids, warehouses, office and service buildings,
structures, parking facilities, concession facilities, maintenance
facilities, fuel facilities, facilities for the overnight accommodation
of passengers and carrier employees, including hotels and motels located
at an authority's airport, and facilities for the loading, unloading,
holding, interchange or transfer of such passengers, freight, baggage
or cargo. It shall also mean any property necessary to remove, mitigate,
prevent or limit airport hazards. It shall also mean facilities and
equipment providing access to an airport facility or terminal, including
appropriate mass transportation terminal facilities at and within
the airport facility or terminal itself. It shall also mean highways,
access roads, driveways and approaches in the vicinity of an airport
facility or terminal providing improved access to such airport facility
or terminal. Notwithstanding any contrary provision of law, general,
special or local, it shall also mean railroad freight projects related
or of benefit to an airport facility or terminal consisting of railroad
freight transportation facilities or railroad freight terminal facilities;
and any equipment, improvement, structure or facility or any land,
and any building, structure, facility or other improvement thereon,
or any combination thereof, and all property in connection therewith
or incidental thereto, deemed necessary or desirable in the opinion
of the authority, whether or not now in existence or under construction,
for the undertaking of such railroad freight projects.
5.
"Bonds" shall mean the bonds, notes or other evidences of indebtedness
issued by the authority pursuant to this title and the provisions
of this title relating to bonds and bondholders which shall apply
with equal force and effect to notes and noteholders, respectively,
unless the context otherwise clearly requires.
6.
"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 investigations and studies,
surveys, designs, plans, working drawings, specifications, procedures
and other actions incidental thereto and claims arising therefrom.
7.
"Cost", as applied to any project, shall include the cost of construction,
the cost of the acquisition of all property, both real and personal,
improved and unimproved, 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 structures 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 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 incidental 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 government or any other person
for expenditures that would be costs of the project hereunder had
they been made directly by the authority.
8.
"County" shall mean Monroe county.
9.
"Equipment" shall mean snow removal vehicles, fire fighting and rescue
vehicle, passenger and freight vehicles, aircraft, motors, boilers,
engines, wires, ways, conduits and mechanisms, machinery, tools, implements,
materials, supplies, instruments and devices of every nature whatsoever
used or useful for aviation and transportation purposes or for the
generation or transmission of motive power including but not limited
to all power houses, and all apparatus and all devices for navigation,
security, safety, signalling, communications and ventilation as may
be necessary, convenient or desirable for the operation of aviation
facilities and pollution control facilities.
10.
"Facility" shall mean, among other things, such properties, structures,
appurtenances, utilities, terminals, railroad trackage, warehouses,
elevators and such other works, properties, buildings or allied items
necessary or desirable in connection with development, operation,
maintenance or improvement of airport and public transportation needs
and for the accommodation, safety, security or comfort of the public
and of commercial enterprise.
11.
"Federal government" shall mean the United States of America, and
any department, board, commission, bureau, division, corporation,
agency or instrumentality thereof.
12.
"Joint service arrangement" shall mean agreements between or among
the authority and any person, the state, the county, any other public
corporation, the federal government, any other state or agency or
instrumentality thereof, relating to property, buildings, structures,
facilities, services, rates, fares, classification, divisions, allowances
or charges (including charges between operators of railroad, omnibus
and aviation facilities), or rules or regulations pertaining thereto,
for or in connection with or incidental to transportation in part
in or upon railroad, omnibus or aviation facilities located within
the county and in part in or upon railroad, omnibus or aviation facilities
located outside the county.
13.
"Municipality" shall mean a county, city, town, village or school
district.
14.
'Person' shall mean any natural person, firm, partnership,
association, joint venture or corporation, exclusive of a public corporation.
15.
'Personal property' shall mean chattels and other tangible
things of a movable or removable nature.
16.
'Pollution control facilities' shall mean any equipment,
improvement, structure or facility or any land and any building, structure,
facility or other improvement thereon, or any combination thereof,
and all property deemed necessary therewith, which if within any city
are not of a character or nature than or formerly furnished or supplied
by the city, having to do with or the end purpose of which is the
control, abatement or prevention of land, sewer, water, air, noise
or general environmental pollution deriving from the operation of
aviation facilities, including, but not limited to any air pollution
control facility, noise abatement or suppression facility (including
physical barriers, landscaping and sound proofing for the purpose
of diminishing the effect of aircraft noise on any area adjacent to
an airport), water management facility, waste water collecting system,
waste water treatment works, sewage treatment works system, or sewage
treatment system or site.
17.
'Property' shall mean both real and personal property.
18.
'Project' shall mean any property or improvements located
within the state of New York and within or outside or partially within
and partially outside Monroe county, including, but not limited to,
machinery, equipment and other facilities deemed necessary or desirable
in connection therewith, or incidental thereto, whether or not now
in existence or under construction, which shall be necessary or suitable
for aviation purposes and airport development and which may include
or mean aviation facilities and pollution control 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 the project is, or is to be located. It
shall also mean any property necessary to remove, mitigate, prevent
or limit airport hazards.
19.
'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.
20.
'Real property' shall mean lands, structures, franchises
and interests in land, airspace, waters, lands under water, riparian
rights, air 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 said term and includes not only
fees simple absolute but also any and all lesser interests including
but not limited to easements, rights of way, uses, leases, licenses
and all other incorporeal hereditaments and every estate, interest
or right, legal or equitable, including terms for years and liens
thereon by way of judgments, mortgages, or otherwise.
21.
'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 a project or projects.
22.
'State' shall mean the state of New York.
1.
There is hereby created the Monroe county airport authority. The
authority shall be a body corporate and politic constituting a public
benefit corporation. The authority shall consist of seven members
appointed by the county executive, provided that two of such members
shall be appointed upon the written recommendation of the president
of the county legislature and one of such members shall be appointed
upon the written recommendation of the minority leader of the county
legislature. No more than five members may be registered members of
the same political party. All appointments by the county executive
shall be confirmed by a majority vote of the county legislature. The
county executive shall designate the chairperson of the authority
who shall serve at the pleasure of the county executive. The member
initially appointed upon the written recommendation of the minority
leader of the county legislature shall serve for a term ending December
thirty-first, nineteen hundred ninety-one. Of the members initially
appointed upon the written recommendation of the president of the
county legislature, one shall serve for a term ending December thirty-first,
nineteen hundred ninety-two; and one shall serve for a term ending
December thirty-first, nineteen hundred ninety-three. Of the remaining
members initially appointed by the county executive other than the
chairperson, one shall serve for a term ending December thirty-first,
nineteen hundred ninety-one; one shall serve for a term ending December
thirty-first, nineteen hundred ninety-two; and one shall serve for
a term ending December thirty-first, nineteen hundred ninety-three.
Thereafter each member, other than the chairperson, shall serve a
term of four years.
2.
All members shall continue to hold office until their successors
are appointed and qualify. Vacancies shall be filled in the manner
provided for original appointment. Vacancies, occurring otherwise
than by expiration of term of office, shall be filled for the unexpired
terms. Members 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
necessary expenses incurred in connection with the carrying out of
the purposes of this title. The powers of the authority shall be vested
in and be exercised by the members of the authority at a meeting duly
called and held and a majority of directors shall constitute a quorum.
No action shall be taken except pursuant to the favorable vote of
at least a majority of directors. The members of the authority may
delegate to one or more of its members, officers, agents or employees
such powers and duties as it may deem proper.
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
his or her office or employment by reason of his or her 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.
The authority shall continue for a term of one year after all its
bonds have been fully paid and discharged. Upon termination of the
existence of the authority, all of its rights and property shall pass
to and be vested in the county.
1.
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 operating
expenses. Subject to the rights of bondholders, the county may determine
if the moneys 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
aviation facilities and pollution control 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, conveyance, 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 aviation facilities or pollution control facilities to the authority,
such public corporation may contract with the authority to lease,
borrow, license, operate, maintain, 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 condemnation
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.
1.
In accordance with the provisions of section seventy of the civil
service law, any officer or employee of the county, selected by the
authority may, with the consent of the county executive, be transferred
to the authority and shall be eligible for such transfer and appointment,
without further examination, to applicable offices, positions and
employment under the authority.
2.
A transferred employee shall remain in the same collective bargaining
unit as was the case prior to his or her 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 their predecessors: Employees serving
in positions in newly created titles shall be assigned to such same
collective bargaining unit if they would have been assigned to such
unit were such titles created prior to the establishment of the authority.
Nothing contained in this title shall be construed to diminish (a)
the rights of employees pursuant to a collective bargaining agreement
or (b) to affect existing law with respect to an application to the
public employment relations board seeking a designation by the board
that certain persons are managerial or confidential.
Except as otherwise limited 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, condemnation pursuant
to the provisions of the eminent domain procedure law with the approval
of the county, 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, maintain,
equip, furnish, operate one or more projects and, if necessary, to
pay or finance the cost thereof;
7.
to apply for and to accept gifts, grants, loans, or contributions
of funds or property or financial or other aid in any form from, and
enter into contracts or other transactions with, the federal government,
the state 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 corporation and
to execute all instruments necessary or convenient to accomplishing
its corporate purposes;
12.
to appoint such officers, employees and agents as the authority may
require for the performance of its duties, and to fix and determine
their qualifications, 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 to use employees, agents,
consultants and facilities of the county, paying the county its agreed
proportion of the compensation or costs;
14.
to make plans, surveys, and studies necessary, convenient 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
actual damage done;
16.
the authority may covenant and consent that the interest on any of
its bonds or notes issued pursuant to this title shall be includible,
under the United States Internal Revenue Code of 1986, or any subsequent
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
obligations of the United States is includible in the gross income
of the holders thereof under said Internal Revenue Code or any such
subsequent law;
17.
to do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title;
18.
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.
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 aviation facilities or pollution control 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 fares, rentals, rates,
charges, landing and field use fees, concession fees and other fees
as it may deem necessary, convenient or desirable for the use and
operation of any aviation facilities, and related services operated
or managed by the authority or under contract, pollution control facilities,
lease or other arrangement, including joint service arrangements,
with the authority. Such fares, rentals, rates, charges, landing and
field use fees, concession fees or other fees shall be at least sufficient
at all times in the judgment of the authority to establish and maintain
the combined 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 (i) the principal of, premium, if any,
and the interest on the 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 any agreement between
the county and the authority, the principal of and interest on any
general obligation 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,
(ii) the cost of administering, maintaining, repairing and operating
any project of the authority, (iii) the cost of constructing capital
improvements thereto pursuant to any agreement between the county
and the authority, (iv) 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, (v) any requirements
of any agreement including those relating to the establishment of
reserves for renewal and replacement and for uncollected fares, rentals,
rates, charges and fees and covenants respecting rates and debt service
and earnings coverage ratios, (vi) all other reasonable and necessary
expenses of the authority, and (vii) the cost of such additional projects
as may be now or hereafter 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 aviation 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 county 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 the whole or any part of which municipality
shall be served or to be served by an aviation facility operated by
the authority. Such grants of money or property would 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 the grant.
7.
In any instance where the county is required by law, with respect
to an airport or any aviation facilities, to conduct a public hearing
in connection with a contract, lease, joint service arrangement, charge,
fare, rental or fee, the authority shall not enter into such contract,
lease, joint service arrangement, or establish, fix, revise or levy
any charge, fare, rental, landing and field use fee, concession fee
or other fee unless and until the authority as 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 arrangement,
charge, fare, 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.
Notwithstanding any inconsistent provision of this title, no
project, including but not limited to the acquisition of real property
by the authority or the expansion of the authority's aviation
facilities, may be undertaken by the authority unless such project
is approved by a resolution of the county legislature adopted by a
majority vote and approved by the county executive; provided, however,
that Resolution No. 157 of 1989 of the county legislature approving
an airport expansion project shall be deemed to be an approval within
the meaning of this section without further action by the county.
All future projects not incorporated in or contemplated by Resolution
No. 157 of 1989 shall be subject to approval by the county legislature
and the county executive as set forth in this section.
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 obligations shall not exceed
two hundred million dollars ($200,000,000.), 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 obligations
may be greater than two hundred million dollars ($200,000,000.) 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 obligations 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 refunding 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 estimated 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 county 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 secured
by the faith and credit 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 authorized to pay.
4.
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.
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 places, 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 may 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 a satisfactory sale.
Notwithstanding the provisions of the preceding paragraph, 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
negotiated 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 private or public
bond sales conducted pursuant to a request for proposal process undertaken
at least once annually 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 enterprises.
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.
No private or public bond sale on a negotiated basis shall be
conducted by the authority without prior approval of the 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.
The authority shall annually submit its bond sale report to
the comptroller and copies thereof to the senate finance committee
and the assembly ways and means committee.
The authority shall make available to the public copies of its
bond sale report upon reasonable request therefor.
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 any part of the revenues, other moneys or property
of the authority to secure the payment of the bonds, or any costs
of issuance 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 bondholders as may
then exist;
(b)
the setting aside of reserves and the creation of sinking funds
and the regulation and disposition thereof;
(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
bondholders may be amended or abrogated, the amount of bonds the holders
of which must consent thereto, and the manner in which such consent
may be given;
(h)
the creation of special funds into which any revenues or moneys
may be deposited;
(i)
the terms and provisions of any trust, mortgage, deed or indenture
securing the bonds under which the bonds may 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 bondholders pursuant to this title and limiting or abrogating
the rights of the bondholders to appoint a trustee under such section
or limiting the rights, duties and powers of such trustee;
(k)
defining the acts or omissions to act which may constitute a
default in the obligations and duties of the authority to the bondholders
and providing for the rights and remedies of the bondholders in the
event of such default, including as a matter of right the 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 moneys to be
expended for operating, administrative or other expenses of the authority;
(n)
the payment of the proceeds of bonds, revenues and other moneys
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
remedies of bondholders.
6.
In addition to the powers herein conferred upon the authority to
secure its bonds, 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 moneys or property, including the mortgaging
of any property and the entrusting, pledging or creation of any other
security interest in any such revenues, moneys 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 resolutions,
trust indentures, agreements or other instruments. The authority shall
have power to enter into amendments of any such resolutions, trust
indentures, agreements or other instruments. The provisions of 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.
Any provision of the uniform commercial code to the contrary notwithstanding,
any pledge of or other security interest in revenues, moneys, accounts,
contract rights, general intangibles or other personal property 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 irrespective
of whether or not such parties have notice thereof. No instrument
by which such a pledge or security interest is created nor any financing
statement need be recorded or filed.
8.
Whether or not 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 meaning
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
redemption price then applicable plus accrued interest to the next
interest payment date, or (b) if the bonds are not then redeemable,
the redemption 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.
Subject to any resolution or resolutions 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 percent in aggregate principal
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 acknowledged
in the same manner as a deed to be recorded, may appoint a trustee
to represent the holders of such bonds for the purpose herein provided.
2.
Such trustee may, and upon written request of the holders of twenty-five
per centum in principal amount of such bonds outstanding, shall in
its 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 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 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 foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of bondholders in the enforcement and protection of
their rights.
4.
The supreme court shall have jurisdiction of any action or proceeding
by the trustee on behalf of such bondholders. 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.
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 a receiver of any part or parts
of the project, the revenues of which are pledged for the security
of the 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 moneys 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 therefrom subject to any pledge or agreement with
bondholders relating thereto and perform the public duties and carry
out the agreements and obligations of the authority under the direction
of the court. In any suit, action or proceeding by the trustee, the
fees, counsel 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.
Neither the state nor the county shall be liable on the bonds
of the authority and such bonds shall not be a debt of the state or
the county, and such bonds shall contain on the face thereof a statement
to such effect.
All moneys 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 moneys 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 moneys 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 are authorized to give such security for such deposits.
To the extent practicable, consistent with the cash requirements of
the authority, all such moneys 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 moneys
of the authority or any moneys held in trust or otherwise for the
payment of bonds or in any way to secure bonds, and carry out any
such contract notwithstanding that such contract may be inconsistent
with the provisions of this section. Moneys held in trust or otherwise
for the payment of bonds or in any way to secure bonds and deposits
of such moneys may be secured in the same manner as moneys of the
authority and all banks and trust companies are authorized to give
such security for such deposits. Any moneys 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 provisions
of section ninety-eight-a of the state finance law. Subject to the
provisions of any contract with bondholders and with the approval
of the comptroller, the authority shall prescribe a system of accounts.
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 fiduciaries and all other persons whatsoever, who
are now or may hereafter be 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 now or
hereafter may be authorized.
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, 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 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.
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 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.
1.
The authority shall not be required to pay any fees, taxes, special
ad valorem 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
supervision, or upon the uses thereof, or upon its activities in the
operation and maintenance of its facilities or any fares, tolls, rentals,
rates, charges, fees, revenues or other income received by the authority.
Notwithstanding the previous sentence, the authority shall be required
to pay water and pure water fees or charges imposed by any public
corporation. 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
hereby 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, moneys, 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.
1.
Except in an action for wrongful death, no action or special proceeding
shall be prosecuted or maintained 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 (i) a notice of claim shall have been
made and served upon the authority within the time limit set by and
in compliance with section fifty-e of the general municipal law, (ii)
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, (iii) 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 (iv) 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.EN
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
general 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 validity
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, irrespective
of position on the calendar. The same preference shall be granted
upon application of the authority or its council 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.
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. In the case of industrial projects, whenever
the authority determines that trade secrets or other confidential
information about the prospective project occupant's business
operations, products, processes or designs would be revealed by public
bidding, the requirements of section one hundred thirty-five of the
state finance law with respect to public bidding may be waived. In
such event, separate specifications shall be prepared for, and separate
and independent contracts shall be entered into, for the following
three subdivisions of work to be performed: (a) plumbing and gas fitting;
(b)steam heating, hot water heating, ventilating and air conditioning
apparatus; and (c) electric wiring and standard illuminating fixtures.
The authority may, in its discretion, assign contracts for supervision
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 responsible
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.
It shall be a misdemeanor for any member, officer or employee
of the authority to be in any way or manner interested, directly or
indirectly, in the furnishing of work, materials, supplies or labor,
or in any contract therefor which the authority is empowered by this
title to make.
1.
In order to assure that municipalities may not suffer undue loss
of taxes or assessments in the event that the authority acquires any
airport 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 airport 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 bondholders, the authority may, but
is not 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 aviation purposes
or pollution control purposes. For the purposes of this section, such
public aviation purposes shall include without limitation air terminal
facilities, parking facilities, fuel facilities, maintenance facilities,
and facilities for the loading, unloading, holding, interchange or
transfer of passengers, freight, baggage or cargo.
3.
In the event that any real property owned by the authority is used
or is to be used by the authority or a lessee thereof for purposes
other than public aviation purposes, the authority, or lessee thereof,
as the case may be, shall enter into agreements with any municipality
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 aviation purposes shall include
without limitation hotels, motels, restaurants and retail stores and
concessions not located within any air terminal building, 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 improvements
as determined by the authority to be not exclusively for public aviation
purposes.
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 aviation purposes and (iii) the extent
to which such property is used for purposes other than public aviation
purposes. In making such determinations the authority shall take into
consideration the recommendations, if any, of the county.
In conformity with the provisions of section five of article
ten of the constitution, the accounts of the authority shall be subject
to the supervision of the state comptroller and an annual audit shall
be performed by an independent certified accountant. The authority
shall annually submit to the governor and the state comptroller and
to the chairperson of the senate finance committee and the chairperson
of assembly ways and means committee a detailed report pursuant to
the provisions of section two thousand eight hundred of title one
of article nine of this chapter, and a copy of such report shall be
filed with the clerk of the county legislature and the county executive.
Neither members, officers or employees of the authority, nor
any municipality, or an officer or employee thereof acting on behalf
of the authority, while acting within the scope of their 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.
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, the state department of environmental conservation, the
state department of transportation 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 had 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 hereafter 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,
acquiring, financing, constructing, maintaining, operating, using
or occupying any facility financed in whole or in part by the authority.
If any clause, sentence, paragraph, section, or part of this
title shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate 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.
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 any other municipality, 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.
