STATE OF NEW YORK
________________________________________________________________________
5020
2011-2012 Regular Sessions
IN ASSEMBLY
February 10, 2011
___________
Introduced by M. of A. BROOK-KRASNY -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to creating the
Sea Gate water and sewer authority; and in relation to creating the
Sea Gate police department
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 5 of the public authorities law is amended by
2 adding a new title 5-A to read as follows:
3 TITLE 5-A
4 SEA GATE WATER AND SEWER AUTHORITY
5 Section 1114. Short title.
6 1114-a. Definitions.
7 1114-b. Sea Gate water and sewer district.
8 1114-c. Sea Gate water and sewer authority.
9 1114-d. Powers of the authority.
10 1114-e. Advances on behalf of the authority; transfer of proper-
11 ty to authority; acquisition of property by Sea Gate
12 community for authority.
13 1114-f. Governmental capacity of the authority and munici-
14 palities.
15 1114-g. Transfer of officers and employees.
16 1114-h. Bonds of the authority.
17 1114-i. Remedies of bondholders.
18 1114-j. State and Sea Gate community not liable on authority
19 bonds.
20 1114-k. Moneys of the authority.
21 1114-l. Bonds legal investments for fiduciaries.
22 1114-m. Agreement of the state.
23 1114-n. Exemption from taxes, assessments and certain fees.
24 1114-o. Actions against authority.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08790-01-1
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1 1114-p. Contracts.
2 1114-q. Interest in contracts prohibited.
3 1114-r. Audit and annual report.
4 1114-s. Limited liability.
5 1114-t. Environmental applications, proceedings, approvals and
6 permits.
7 1114-u. Sea Gate community may levy tax within district.
8 1114-v. Authority and water board to take affirmative action.
9 1114-w. Separability.
10 1114-x. Effect of inconsistent provisions.
11 § 1114. Short title. This title shall be known and may be cited as the
12 "Sea Gate water and sewer authority act".
13 § 1114-a. Definitions. As used or referred to in this title, unless a
14 different meaning clearly appears from the context:
15 1. "Authority" means the corporation created by section one thousand
16 one hundred fourteen-c of this title.
17 2. "Bonds" means the bonds, notes or other evidences of indebtedness
18 issued by the authority pursuant to this title, and the provisions of
19 this title relating to bonds and bondholders shall apply with equal
20 force and effect to notes and noteholders, respectively, unless the
21 context otherwise clearly requires.
22 3. "Civil service commission" means the state civil service commis-
23 sion.
24 4. "Comptroller" means the comptroller of the state.
25 5. "Construction" means the acquisition, erection, building, alter-
26 ation, improvement, increase, enlargement, extension, reconstruction,
27 renovation or rehabilitation of a water, sewerage or water and sewerage
28 system, as the case may be; the inspection and supervision thereof; and
29 the engineering, architectural, legal, fiscal and economic investi-
30 gations and studies, surveys, designs, plans, working drawings, specifi-
31 cations, procedures and other actions preliminary or incidental thereto.
32 6. "Cost" as applied to any project, includes the cost of
33 construction, the cost of the acquisition of all property, including
34 real property and other property, both real and personal and improved
35 and unimproved, the cost of demolishing, removing or relocating any
36 buildings or structures on lands so acquired, including the cost of
37 acquiring any lands to which such buildings or structures may be moved
38 or relocated, the cost of all systems, facilities, machinery, apparatus
39 and equipment, financing charges, interest prior to, during and after
40 construction to the extent not paid or provided for from revenues or
41 other sources, the cost of engineering and architectural surveys, plans
42 and specifications, the cost of consultant and legal services, the cost
43 of lease guarantee or bond insurance and the cost of other expenses
44 necessary or incidental to the construction of such project and the
45 financing of the construction thereof, including the amount authorized
46 in the resolution of the authority providing for the issuance of bonds
47 to be paid into any reserve or other special fund from the proceeds of
48 such bonds and the financing of the placing of any project in operation,
49 including reimbursement to the Sea Gate community, or any municipality,
50 state agency, the state, the United States government, or any other
51 person for expenditures that would be costs of the project hereunder had
52 they been made directly by the authority.
53 7. "Sea Gate community" means that area of the city of New York
54 commonly referred to as the community of Sea Gate.
55 8. "Chief executive officer" means the chief executive officer of the
56 Sea Gate community.
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1 9. "District" means the Sea Gate water and sewer district created by
2 section one thousand one hundred fourteen-b of this title.
3 10. "Distribution system" means the water facility or facilities
4 employed to deliver water from a transmission facility, or where there
5 is no transmission facility, from a supply facility, to the ultimate
6 consumers of such water.
7 11. "Governing body" means the members of the authority constituting
8 and acting as the governing body of the authority.
9 12. "Municipality" means any county, city, town, village, improvement
10 district under the town law, any other such instrumentality, including
11 any agency, or public corporation of the state, or any of the foregoing
12 or any combination thereof.
13 13. "Person" means any natural person, partnership, association, joint
14 venture or corporation, exclusive of a public corporation.
15 14. "Project" means any water facility, sewerage facility or water and
16 sewerage facility.
17 15. "Properties" means the water, sewerage and water and sewerage
18 system or systems of the authority, whether situated within or without
19 the territorial limits of the district, including the plants, works,
20 structures, instrumentalities or part thereof and appurtenances thereto,
21 real property, water facilities, sewerage facilities or any other prop-
22 erty incidental to and included in such system or systems or part there-
23 of, and any improvements, extensions and betterments.
24 16. "Real property" means lands, structures, franchises, rights and
25 interests in land, waters, lands underwater, riparian rights and air
26 rights and any and all things and rights included within said term and
27 includes not only fees simple absolute, but also any and all lesser
28 interests including, but not limited to, easements, rights-of-way, uses,
29 leases, licenses and all other incorporeal hereditaments and every
30 estate, interest or right, legal or equitable, including terms for years
31 and liens thereon by way of judgments, mortgages or otherwise.
32 17. "Revenues" means all rates, rents, fees, charges, payments and
33 other income and receipts derived from the operation of the properties
34 of the authority including, without limiting the generality of the fore-
35 going, investment proceeds and proceeds of insurance, condemnation, and
36 sale or other disposition of assets, together with all federal, state or
37 municipal aid.
38 18. "Sewage" means the water-carried human or animal wastes from resi-
39 dences, buildings, industrial establishments or other places, together
40 with such groundwater infiltration and surface water as may be present.
41 The admixture with sewage of industrial or other waste also shall be
42 considered "sewage" within the meaning of this title.
43 19. "Sewerage facility" or "sewerage facilities" means any plants,
44 structures and other real and personal property acquired, rehabilitated
45 or constructed or planned for the purpose of collecting, conveying,
46 pumping, treating, neutralizing, storing and disposing of sewage,
47 including but not limited to main, trunk, intercepting, connecting,
48 lateral, outlet or other sewers, outfalls, pumping stations, treatment
49 and disposal plants, groundwater recharge basins, back-flow prevention
50 devices, sludge dewatering or disposal equipment and facilities, clari-
51 fiers, filters, phosphorus removal equipment and other plants, works,
52 structures, equipment, vehicles, conveyances, contract rights, fran-
53 chises, approaches, connections, permits, real or personal property or
54 rights therein and appurtenances thereto necessary or useful and conven-
55 ient for the collection, conveyance, pumping, treatment, neutralizing,
56 storing and disposing of sewage.
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1 20. "State" means the state of New York.
2 21. "State agency" means any state officer, public benefit corpo-
3 ration, department, board, commission, bureau or division, or other
4 agency or instrumentality of the state.
5 22. "Supply facility" means a water facility employed to make ground-
6 water or surface water available for delivery into a transmission facil-
7 ity or distribution system.
8 23. "Transmission facility" means a water facility used to carry water
9 from a supply facility to a distribution system.
10 24. "Water facility" or "water facilities" means any plants, struc-
11 tures and other real and personal property acquired, rehabilitated or
12 constructed or planned for the purpose of accumulating, supplying, tran-
13 smitting, treating or distributing water, including but not limited to
14 surface or groundwater reservoirs, basins, dams, canals, aqueducts,
15 standpipes, conduits, pipelines, mains, pumping stations, pumps, water
16 distribution systems, compensating reservoirs, intake stations, water-
17 works or sources of water supply, wells, purification or filtration
18 plants or other treatment plants and works, contract rights, franchises,
19 approaches, connections, permits, water meters, rights of flowage or
20 diversion and other plants, structures, equipment, vehicles, conveyanc-
21 es, real or personal property or rights therein and appurtenances there-
22 to necessary or useful and convenient for the accumulation, supply,
23 transmission, treatment or distribution of water.
24 § 1114-b. Sea Gate water and sewer district. There is hereby defined
25 and established an area to be known as the "Sea Gate water and sewer
26 district" which shall embrace all the territory located within the
27 community of Sea Gate in the city of New York.
28 § 1114-c. Sea Gate water and sewer authority. 1. A public corporation,
29 to be known as the "Sea Gate water and sewer authority" is hereby
30 created for the public purposes and charged with the duties and having
31 the powers provided in this title. The authority shall be a body corpo-
32 rate and politic constituting a public benefit corporation, the objects
33 of which in the judgment of the legislature cannot be attained under
34 general laws. It shall consist of five members, who shall be residents
35 of the Sea Gate community and be appointed by the governor; one upon
36 recommendation of the temporary president of the senate, one upon recom-
37 mendation of the speaker of the assembly, one upon recommendation of the
38 minority leader of the senate and one upon recommendation of the minori-
39 ty leader of the assembly. No more than three members shall be members
40 of the same political party. The first members appointed by the governor
41 shall be appointed for the following terms of office: one for a term
42 ending on December thirty-first of the second year following the year in
43 which this title shall have become law, two for a term ending on Decem-
44 ber thirty-first of the third year following the year in which this
45 title shall have become law; and two for a term ending on December thir-
46 ty-first of the fourth year following the year in which this title shall
47 have become law. Subsequent appointments of members shall be made for a
48 term of three years ending in each case on December thirty-first of the
49 last year of such term. All members shall continue to hold office until
50 their successors are appointed and qualify. Vacancies shall be filled in
51 the manner provided for original appointment. Vacancies, occurring
52 otherwise than by expiration of term of office, shall be filled by
53 appointment for the unexpired terms. Members may be removed from office
54 for the same reasons and in the same manner as may be provided by law
55 for the removal of officers of a county. The members of the authority
56 shall receive such salary as shall be determined by local law. They
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1 shall receive no reimbursement for the ordinary expenses of attending
2 meetings, but may by resolution by the authority be allowed their
3 expenses of a special or extraordinary nature. A member may receive
4 additional compensation if appointed an officer of the authority. The
5 powers of the authority shall be vested in and be exercised by the
6 governing body at a meeting duly called and held where a quorum of three
7 members are present. No action shall be taken except pursuant to the
8 favorable vote of at least three members. The governing body may dele-
9 gate to one or more of its members, officers, agents or employees such
10 powers and duties as it may deem proper.
11 2. The officers of the authority shall consist of a chairman, a vice-
12 chairman and a treasurer, who shall be members of the authority, and a
13 secretary, who need not be a member of the authority. Such officers
14 shall be appointed by the governing body and shall serve in such capaci-
15 ties at the pleasure of the governing body. In addition to the secre-
16 tary, the governing body may appoint and at pleasure remove such addi-
17 tional officers and employees as it may determine necessary for the
18 performance of the powers and duties of the authority which position
19 shall be in the exempt class of civil service, and fix and determine
20 their qualifications, duties and compensation, subject to the provisions
21 of the civil service law. The governing body may also from time to time
22 contract for expert professional services. The treasurer shall execute
23 a bond, conditioned upon the faithful performance of the duties of his
24 or her office, the amount and sufficiency of which shall be approved by
25 the governing body and the premium therefor shall be paid by the author-
26 ity.
27 3. Notwithstanding any inconsistent provision of any general, special
28 or local law, ordinance, resolution or charter, no officer, member or
29 employee of the state, any municipality, or any public benefit corpo-
30 ration, shall forfeit his or her office or employment by reason of his
31 or her acceptance of appointment as a member, officer, agent or employee
32 of the authority, nor shall service as such member, officer, agent or
33 employee be deemed incompatible or in conflict with such office, member-
34 ship or employment.
35 4. (a) The chief executive officer shall file on or before March thir-
36 ty-first of the year following the year in which this title shall have
37 become a law, in the office of the secretary of state, a certificate
38 signed by such chief executive officer setting forth: (1) the name of
39 the authority; (2) the names of the members appointed by the governor
40 and their terms of office; and (3) the effective date of this title. The
41 authority shall be perpetual in duration, except that if such certif-
42 icate is not filed with the secretary of state on or before March thir-
43 ty-first of the year following the year in which this title shall have
44 become a law, then the corporate existence of the authority shall there-
45 upon terminate and it shall thereupon be deemed to be and shall be
46 dissolved.
47 (b) Except as provided in paragraph (a) of this subdivision, the
48 authority and its corporate existence shall continue until terminated by
49 law, provided, however, that no such law shall take effect so long as
50 the authority shall have bonds or other obligations outstanding unless
51 adequate provision has been made for the payment or satisfaction there-
52 of. Upon termination of the existence of the authority, all of the
53 rights and properties of the authority then remaining shall pass to and
54 vest in the Sea Gate community.
55 5. It is hereby determined and declared, that the authority and the
56 carrying out of its powers and duties are in all respects for the bene-
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1 fit of the people of the Sea Gate community and the state for the
2 improvement of their health, welfare and prosperity and that such
3 purposes are public purposes and that the authority is and will be
4 performing an essential governmental function in the exercise of the
5 powers conferred upon it by this title.
6 § 1114-d. Powers of the authority. The authority shall have the power:
7 1. To sue and be sued;
8 2. To have a seal and alter the same at pleasure;
9 3. To borrow money and issue bonds or other obligations and to provide
10 for the rights of the holders thereof;
11 4. To enter into contracts and to execute all instruments necessary or
12 convenient or desirable for the purposes of the authority to carry out
13 any powers expressly given it in this title;
14 5. To acquire, by purchase, gift, grant, transfer, contract or lease
15 or by condemnation pursuant to the eminent domain procedure law, lease
16 as lessee, hold, and use any real or personal property or any interest
17 therein, as the authority may deem necessary, convenient or desirable to
18 carry out the purpose of this title; provided however, that the authori-
19 ty may not condemn real property of a municipality of the state unless
20 such municipality shall consent thereto;
21 6. To purchase, in the name of the authority, any water facility or
22 sewerage facility, and any improvements, extensions and betterments,
23 situated wholly within the district, provided, however, that the author-
24 ity shall have the power to purchase any source of supply, supply facil-
25 ity or transmission facility or any part thereof situated wholly or
26 partly without the territorial limits of the district, provided the same
27 shall be necessary in order to supply water within the district; and in
28 connection with the purchase of such properties, the authority may
29 assume any obligations of the owner of such properties and, to the
30 extent required by the terms of any indentures or other instruments
31 under which such obligations were issued, the authority may assume and
32 agree to perform covenants and observe the restrictions contained in
33 such instruments; and furthermore the owner of any properties, which the
34 authority is authorized to acquire, is hereby authorized to sell or
35 otherwise transfer the same to the authority, whereupon the authority
36 shall become charged with the performance of all public duties with
37 respect to such properties with which such owner was charged and such
38 owner shall become discharged from the performance thereof, and as a
39 means of so acquiring for such purpose, the authority may purchase all
40 of the stock of any existing privately owned water corporation or compa-
41 ny and in the case of a sale or other transfer of properties of a public
42 utility corporation pursuant to this provision, upon the purchase of the
43 stock of such corporation or company it shall be lawful to dissolve such
44 corporation within a reasonable time;
45 7. To construct, improve, maintain, develop, expand or rehabilitate
46 water facilities or sewerage facilities;
47 8. To operate and manage and to contract for the operation and manage-
48 ment of properties of the authority;
49 9. To enter into contracts, and carry out the terms thereof, for the
50 wholesale provision of water produced by supply facilities constructed
51 and operated by the authority, to municipalities and private water
52 companies and to carry out the terms thereof, for the transmission of
53 water from new or existing supply facilities;
54 10. To enter into contracts with municipalities for the collection,
55 treatment and disposal of sewage;
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1 11. To apply to the appropriate agencies and officials of the federal,
2 state and local governments for such licenses, permits or approvals of
3 its plans or projects as it may deem necessary or advisable, and upon
4 such terms and conditions as it may deem appropriate, and to accept, in
5 its discretion, such licenses, permits or approvals as may be tendered
6 to it by such agencies and officials;
7 12. To appoint such officers and employees as are required for the
8 performance of its duties, to fix and determine their qualifications,
9 duties and compensation, and to retain or employ counsel, auditors,
10 engineers and private consultants on a contract basis or otherwise for
11 rendering professional or technical services and advice;
12 13. To make plans and studies necessary, convenient or desirable for
13 the effectuation of the purposes and powers of the authority and to
14 prepare recommendations in regard thereto;
15 14. To enter upon such lands, waters or premises as in the judgment of
16 the authority shall be necessary for the purpose of making surveys,
17 soundings, borings and examinations to accomplish any purpose authorized
18 by this title, the authority being liable only for actual damage done;
19 15. To apply for and to accept any gifts or grants or loans of funds
20 or property or financial or other aid in any form from the federal
21 government or any agency or instrumentality thereof, or from the state
22 or any agency or instrumentality thereof or from any other source, for
23 any or all of the purposes specified in this title, and to comply,
24 subject to the provisions of this title, with the terms and conditions
25 thereof;
26 16. To supply and sell water for domestic, commercial and public
27 purposes at retail to individual consumers within the district and to
28 collect, treat and discharge sewage produced for such purposes by such
29 generators;
30 17. To purchase water in bulk from any person, private corporation or
31 municipality when necessary or convenient for the operation of such
32 water system;
33 18. To produce, develop, distribute and sell water or sewerage
34 services within or without the territorial limits of the district; and
35 to purchase water from any municipal corporation, town water district,
36 person, association or corporation; provided, however, that water and
37 sewerage services may be sold at retail to individual consumers only
38 within the district and further provided that in exercising the powers
39 granted by this title, the authority shall not sell water or sewerage
40 services in any area which is served by a water system or sewerage
41 system owned or operated by a municipality or special improvement
42 district unless the governing body of such municipality or district
43 shall adopt a resolution requesting the authority to sell water or
44 sewerage services, as the case may be, in such served areas;
45 19. To make by-laws for the management and regulation of its affairs
46 and subject to agreements with bondholders, rules for the sale of water
47 or collection of sewage and the collection of rents and charges there-
48 for. A copy of such rules and by-laws, and all amendments thereto, duly
49 certified by the secretary of the authority shall be filed in the office
50 of the secretary of state. In addition, the board of directors of the
51 Sea Gate community by resolution shall have power to prescribe that
52 violation of specific by-laws of the authority, published once in a
53 newspaper having a general circulation in the Sea Gate community, shall
54 be punishable by fine, not exceeding fifty dollars, or by imprisonment
55 for not longer than thirty days, or both such fine and imprisonment;
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1 20. To fix rates and collect charges for the use of the facilities of,
2 or services rendered by, or any commodities furnished by the authority
3 such as to provide revenues sufficient at all times to pay, as the same
4 shall become due, the principal and interest on the bonds or other obli-
5 gations of the authority together with the maintenance of proper
6 reserves therefor, in addition to paying as the same shall become due
7 the expense of operating and maintaining the properties of the authority
8 together with proper reserves for maintenance, contingencies and all
9 other obligations and indebtedness of the authority;
10 21. To enter into cooperative agreements with other authorities, muni-
11 cipalities, counties, towns, villages, water districts, utility compa-
12 nies, individuals, firms or corporations, within or without the territo-
13 rial limits of the district, for the interconnection of facilities, the
14 exchange or interchange of services and commodities, and within the
15 territorial limits of the district to enter into a contract for the
16 construction and operation and maintenance of a water or sewerage system
17 by the authority for any municipality having power to construct and
18 develop a water or sewerage system, upon such terms and conditions as
19 shall be determined to be reasonable including but not limited to the
20 reimbursement of all costs of such construction, or for any other lawful
21 purposes necessary or desirable to effect the purposes of this title;
22 22. To provide for the discontinuance or disconnection of water or
23 sewerage service, or both, as the case may be, for non-payment of fees,
24 rates, rents or other charges therefor imposed by the authority,
25 provided such discontinuance or disconnection of any water or sewerage
26 service, or both, as the case may be, shall not be carried out except in
27 the manner and upon the notice as is required of a waterworks corpo-
28 ration pursuant to subdivisions three-a, three-b and three-c of section
29 eighty-nine-b and section one hundred sixteen of the public service law;
30 and
31 23. To do all things necessary, convenient or desirable to carry out
32 its purposes and for the exercise of the powers granted in this title.
33 § 1114-e. Advances on behalf of the authority; transfer of property to
34 authority; acquisition of property by Sea Gate community for authority.
35 1. In addition to any powers granted to it by law, the Sea Gate communi-
36 ty from time to time may appropriate sums of money to or on behalf of
37 the authority to defray project costs or any other costs and expenses of
38 the authority. Subject to the rights of bondholders, the Sea Gate commu-
39 nity may determine if the moneys so appropriated shall be subject to
40 repayment by the authority to the Sea Gate community and, in such event,
41 the manner and time or times for such repayment.
42 2. The Sea Gate community or any other municipality may give, grant,
43 sell, convey, loan, license the use of or lease to the authority any
44 property or facility which is useful to the authority in order to carry
45 out its powers under this title. Any such transfer of property shall be
46 upon such terms and conditions, subject to the rights of the holders of
47 any bonds, as the authority and the Sea Gate community or other munici-
48 pality may agree.
49 3. The Sea Gate community may acquire by purchase or by exercise of
50 the power of eminent domain real property in the name of the Sea Gate
51 community for any corporate purpose of the authority.
52 4. Notwithstanding the provisions of any other law, general, special
53 or local to the contrary, real property acquired by the authority or the
54 Sea Gate community from the state may be used for any corporate purpose
55 of the authority.
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1 § 1114-f. Governmental capacity of the authority and municipalities.
2 The authority, the Sea Gate community and the other municipalities, in
3 carrying out their respective powers and duties under this title, shall
4 be deemed to be acting in a governmental capacity and in the performance
5 of an essential governmental function.
6 § 1114-g. Transfer of officers and employees. Any public officer or
7 employee in the public service who is selected by the authority may,
8 with the consent of the commission, board, or chief executive officer of
9 the municipality by which he or she has been employed, be transferred to
10 the authority and shall be eligible for such transfer and appointment
11 without examination to comparable offices, positions and employment
12 under the authority. The salary or compensation of any such officer or
13 employee, after such transfer, shall be paid by the authority. Any such
14 officers or employees so transferred to the authority pursuant to this
15 section, who are members of or benefit under any existing pension or
16 retirement fund or system, shall continue to have all rights, privi-
17 leges, obligations and status with respect to such fund or system as are
18 now prescribed by law, but during the period of their employment by the
19 authority, all contributions to such funds or systems to be paid by the
20 employer on account of such officers or employees shall be paid by the
21 authority. All such officers or employees so transferred to the author-
22 ity who have been appointed to positions under the rules and classifica-
23 tions of the civil service commission shall have the same status with
24 respect thereto after transfer to the authority as they had under their
25 original appointment.
26 § 1114-h. Bonds of the authority. 1. The authority shall have the
27 power and is hereby authorized from time to time to issue bonds in such
28 principal amounts as it may determine to be necessary to pay the cost of
29 any project or for any other corporate purpose, including incidental
30 expenses in connection therewith. The authority shall have power and is
31 hereby authorized to enter into such agreements and perform such acts as
32 may be required under any applicable federal legislation to secure a
33 federal guarantee of any bonds. The authority shall have power from time
34 to time to refund any bonds by the issuance of new bonds, whether the
35 bonds to be refunded have or have not matured, and may issue bonds part-
36 ly to refund bonds then outstanding and partly for any other corporate
37 purpose. Bonds issued by the authority may be general obligations
38 secured by the faith and credit of the authority or may be special obli-
39 gations payable solely out of particular revenues or other moneys as may
40 be designated in the proceedings of the authority under which the bonds
41 shall be authorized to be issued, subject only to any agreements with
42 the holders of outstanding bonds pledging any particular revenues, earn-
43 ings, or moneys.
44 2. The authority is authorized to obtain from any department or agency
45 of the United States of America or the state or any non-governmental
46 insurer or financial institution any insurance, guaranty or other credit
47 support device, to the extent now or hereafter available, as to, or for
48 the payment or repayment of interest or principal, or both, or any part
49 thereof, on any bonds issued by the authority and to enter into any
50 agreement or contract with respect to any such insurance or guaranty,
51 except to the extent that the same would in any way impair or interfere
52 with the ability of the authority to perform and fulfill the terms of
53 any agreement made with the holders of outstanding bonds of the authori-
54 ty.
55 3. Bonds shall be authorized by resolution of the authority, be in
56 such denominations, bear such date or dates and mature at such time or
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1 times as such resolution may provide, except that bonds and any renewals
2 thereof shall mature within forty years from the date of original issu-
3 ance of any such bonds. Obligations with a maturity of five years or
4 less from the date of their original issuance may be designated as
5 notes. Bonds shall be subject to such terms of redemption, bear interest
6 at such rate or rates per annum payable at such times, be in such form,
7 carry such registration privileges, be executed in such manner, be paya-
8 ble in such medium of payment at such place or places, and be subject to
9 such terms and conditions as such resolution may provide. Bonds may be
10 sold at public or private sale for such price or prices as the authority
11 shall determine, provided that no bonds of the authority, other than
12 obligations designated as notes, may be sold by the authority at private
13 sale unless such sale and the terms thereof have been approved in writ-
14 ing by the comptroller, where such sale is not to be to such comp-
15 troller, or by the state director of the budget, where such sale is to
16 be to the comptroller. The authority may pay all expenses, premiums and
17 commissions which it may deem necessary or advantageous in connection
18 with the issuance and sale of bonds.
19 4. Any resolution or resolutions authorizing bonds or any issue of
20 bonds may contain provisions which may be a part of the contract with
21 the holders of the bonds thereby authorized as to:
22 (a) pledging all or any part of the revenues of the authority, togeth-
23 er with any other moneys or property of the authority to secure the
24 payment of the bonds, including but not limited to any contracts, earn-
25 ings or proceeds of any grant to the authority received from any private
26 or public source;
27 (b) the setting aside of reserves and the creation of sinking funds
28 and the regulation and disposition thereof;
29 (c) limitations on the purpose to which the proceeds from the sale of
30 bonds may be applied;
31 (d) the rates, rents, fees and other charges to be fixed and collected
32 by the authority and the amount to be raised in each year thereby, and
33 the use and disposition of revenues;
34 (e) limitations on the right of the authority to restrict and regulate
35 the use of the project or part thereof in connection with which bonds
36 are issued;
37 (f) limitations on the issuance of additional bonds, the terms upon
38 which additional bonds may be issued and secured and the refunding of
39 outstanding or other bonds;
40 (g) the procedure, if any, by which the terms of any contract with
41 bondholders may be amended or abrogated, the amount of bonds the holders
42 of which must consent thereto, and the manner in which such consent may
43 be given;
44 (h) the creation of special funds into which any revenues or moneys
45 may be deposited;
46 (i) the terms and provisions of any trust, deed, mortgage or indenture
47 securing the bonds under which the bonds may be issued;
48 (j) vesting in a trustee or trustees such properties, rights, powers
49 and duties in trust as the authority may determine which may include any
50 or all of the rights, powers and duties of the trustee appointed by the
51 bondholders pursuant to section one thousand one hundred fourteen-i of
52 this title and limiting or abrogating the rights of the bondholders to
53 appoint a trustee under such section or limiting the rights, duties and
54 powers of such trustee;
55 (k) defining the acts or omissions to act which may constitute a
56 default in the obligations and duties of the authority to the bondhold-
A. 5020 11
1 ers and providing for the rights and remedies of the bondholders in the
2 event of such default, including as a matter of right the appointment of
3 a receiver, provided, however, that such rights and remedies shall not
4 be inconsistent with the general laws of the state and other provisions
5 of this title;
6 (l) limitations on the power of the authority to sell or otherwise
7 dispose of any project or any part thereof;
8 (m) limitations on the amount of revenues and other moneys to be
9 expended for operating, administrative or other expenses of the authori-
10 ty;
11 (n) the payment of the proceeds of bonds, revenues and other moneys to
12 a trustee or other depository, and for the method of disbursement there-
13 of with such safeguards and restrictions as the authority may determine;
14 and
15 (o) any other matters of like or different character which may in any
16 way affect the security or protection of the bonds or the rights and
17 remedies of bondholders.
18 5. In addition to the powers herein conferred upon the authority to
19 secure its bonds, the authority shall have power in connection with the
20 issuance of bonds to enter into such agreements as the authority may
21 deem necessary, convenient or desirable concerning the use or disposi-
22 tion of its revenues or other moneys or property, including the mortgag-
23 ing of any of its properties and the entrusting, pledging or creation of
24 any other security interest in any such revenues, moneys or properties
25 and the doing of any act (including refraining from doing any act) which
26 the authority would have the right to do in the absence of such agree-
27 ments. The authority shall have power to enter into amendments of any
28 such agreements within the powers granted to the authority by this title
29 and to perform such agreements. The provisions of any such agreements
30 may be made a part of the contract with the holders of bonds of the
31 authority.
32 6. Any provision of the uniform commercial code to the contrary
33 notwithstanding, any pledge of or other security interest in revenues,
34 moneys, accounts, contract rights, general intangibles or other personal
35 property made or created by the authority shall be valid, binding and
36 perfected from the time when such pledge is made or other security
37 interest attaches without any physical delivery of the collateral or
38 further act, and the lien of any such pledge or other security interest
39 shall be valid, binding and perfected against all parties having claims
40 of any kind in tort, contract or otherwise against the authority irre-
41 spective of whether or not such parties have notice thereof. No instru-
42 ment by which such a pledge or security interest is created nor any
43 financing statement need be recorded or filed.
44 7. Whether or not the bonds are of such form and character as to be
45 negotiable instruments under the terms of the uniform commercial code,
46 the bonds are hereby made negotiable instruments within the meaning of
47 and for all the purposes of the uniform commercial code, subject only to
48 the provisions of the bonds for registration.
49 8. Neither the members of the authority nor any person executing bonds
50 shall be liable personally thereon or be subject to any personal liabil-
51 ity or accountability by reason of the issuance thereof.
52 9. The authority, subject to such agreements with bondholders as then
53 may exist, shall have power out of any moneys available therefor to
54 purchase bonds of the authority, which shall thereupon be cancelled.
A. 5020 12
1 § 1114-i. Remedies of bondholders. Subject to any resolution or resol-
2 utions adopted pursuant to paragraph (j) of subdivision four of section
3 one thousand one hundred fourteen-h of this title:
4 1. In the event that the authority shall default in the payment of
5 principal or of interest on any issue of bonds after the same shall
6 become due, whether at maturity or upon call for redemption, and such
7 default shall continue for a period of thirty days, or in the event that
8 the authority shall fail or refuse to comply with the provisions of this
9 title or shall default in any agreement made with the holders of any
10 issue of bonds, the holders of twenty-five percent in aggregate princi-
11 pal amount of the bonds of such issue then outstanding, by instrument or
12 instruments filed in the office of the clerk of the secretary of state
13 and proved or acknowledged in the same manner as a deed to be recorded,
14 may appoint a trustee to represent the holders of such bonds for the
15 purpose herein provided.
16 2. Such trustee may and, upon written request of the holders of twen-
17 ty-five percent in principal amount of such bonds outstanding, shall in
18 his, her or its own name:
19 (a) by action or proceeding in accordance with the civil practice law
20 and rules, enforce all rights of the bondholders, including the right to
21 require the authority to collect rents, rates and charges adequate to
22 carry out any agreement as to, or pledge of, such rents, rates and
23 charges and to require the authority to carry out any other agreements
24 with the holders of such bonds to perform its duties under this title;
25 (b) bring an action or proceeding upon such bonds;
26 (c) by action or proceeding, require the authority to account as if it
27 were the trustee of an express trust for the holders of such bonds;
28 (d) by action or proceeding, enjoin any acts or things which may be
29 unlawful or in violation of the rights of the holders of such bonds; and
30 (e) declare all such bonds due and payable, and if all defaults shall
31 be made good, then with the consent of the holders of twenty-five
32 percent of the principal amount of such bonds then outstanding, annul
33 such declaration and its consequences.
34 3. Such trustee shall in addition to the foregoing have and possess
35 all of the powers necessary or appropriate for the exercise of any func-
36 tions specifically set forth herein or incident to the general represen-
37 tation of bondholders in the enforcement and protection of their rights.
38 4. The supreme court shall have jurisdiction of any action or proceed-
39 ing by the trustee on behalf of such bondholders. The venue of any such
40 action or proceeding shall be laid in the county of Kings.
41 5. Before declaring the principal of bonds due and payable, the trus-
42 tee shall first give thirty days notice in writing to the authority.
43 6. Any such trustee, whether or not the issue of bonds represented by
44 such trustee has been declared due and payable, shall be entitled as of
45 right to the appointment of a receiver of any part or parts of the prop-
46 erties the revenues of which are pledged for the security of the bonds
47 of such issue, and, subject to any pledge or agreement with holders of
48 such bonds, such receiver may enter and take possession of such part or
49 parts of the properties and shall take possession of all moneys and
50 other property derived from such part or parts of such properties and
51 proceed with any construction thereon or the acquisition of any proper-
52 ty, real or personal, in connection therewith which the authority is
53 under obligation to do, and to operate, maintain and reconstruct such
54 part or parts of the properties and collect and receive all revenues
55 thereafter arising therefrom subject to any pledge thereof or agreement
56 with bondholders relating thereto and perform the public duties and
A. 5020 13
1 carry out the agreements and obligations of the authority under the
2 direction of the court. In any suit, action or proceeding by the trus-
3 tee, the fees, counsel fees and expenses of the trustee and of the
4 receiver, if any, shall constitute taxable disbursements and all costs
5 and disbursements allowed by the court shall be a first charge on any
6 revenues derived from the properties.
7 § 1114-j. State and Sea Gate community not liable on authority bonds.
8 Neither the state nor the Sea Gate community shall be liable on the
9 bonds of the authority and such bonds shall not be a debt of the state,
10 or the Sea Gate community, and such bonds shall contain, on the face
11 thereof, a statement to such effect.
12 § 1114-k. Moneys of the authority. All moneys of the authority from
13 whatever source derived shall be paid to the treasurer of the authority
14 and shall be deposited forthwith in a bank or banks in the state desig-
15 nated by the governing body. The moneys in such accounts shall be paid
16 out on check of the treasurer upon requisition by the governing body or
17 of such other person or persons as the governing body may authorize to
18 make such requisitions. All deposits of such moneys shall be secured by
19 obligations of the United States or of the state or of the Sea Gate
20 community of a market value equal at all times to the amount on deposit
21 and all banks and trust companies are authorized to give such security
22 for such deposits. The authority shall have power, notwithstanding the
23 provisions of this section, to contract with the holders of any bonds as
24 to the custody, collection, security, investment and payment of any
25 moneys of the authority or any moneys held in trust or otherwise for the
26 payment of bonds or in any way to secure bonds, and to carry out any
27 such contract notwithstanding that such contract may be inconsistent
28 with the provisions of this section. Moneys held in trust or otherwise
29 for the payment of bonds or in any way to secure bonds and deposits of
30 such moneys may be secured in the same manner as moneys of the authority
31 and all banks and trust companies are authorized to give such security
32 for such deposits. Any moneys of the authority not required for immedi-
33 ate use or disbursement may, at the discretion of the authority, be
34 invested in those obligations specified pursuant to the provisions of
35 section ninety-eight-a of the state finance law. Subject to the
36 provisions of any contract with bondholders and with the approval of the
37 comptroller, the authority shall prescribe a system of accounts.
38 § 1114-l. Bonds legal investments for fiduciaries. The bonds of the
39 authority are hereby made securities in which all public officials and
40 bodies of the state and all municipalities, all insurance companies and
41 associations and other persons carrying on an insurance business, all
42 banks, bankers, trust companies, savings banks and savings associations,
43 including savings and loan associations, investment companies and other
44 persons carrying on a banking business, and administrators, guardians,
45 executors, trustees and other fiduciaries and all other persons whatso-
46 ever, who are now or may hereafter be authorized to invest in bonds or
47 other obligations of the state, may properly and legally invest funds
48 including capital in their control or belonging to them. The bonds are
49 also hereby made securities which may be deposited with and may be
50 received by all public officers and bodies of this state and all munici-
51 palities for any purposes for which the deposit of bonds or other obli-
52 gations of this state is now or hereafter may be authorized.
53 § 1114-m. Agreement of the state. The state does hereby pledge to and
54 agree with the holders of any bonds issued by the authority pursuant to
55 this title that the state will not alter or limit the rights hereby
56 vested in the authority to purchase, construct, maintain, operate,
A. 5020 14
1 repair, improve, increase, enlarge, extend, reconstruct, renovate, reha-
2 bilitate or dispose of any project, or any part or parts thereof, for
3 which bonds of the authority shall have been issued, to establish and
4 collect rates, rents, fees and other charges referred to in this title
5 and to fulfill the terms of any agreement made with or for the benefit
6 of the holders of the bonds or with any public corporation or person
7 with reference to such project or part thereof, or in any way impair the
8 rights and remedies of the bondholders, until the bonds, together with
9 the interest thereon, including interest on any unpaid installments of
10 interest, and all costs and expenses in connection with any action or
11 proceeding by or on behalf of such holders, are fully met and
12 discharged. The authority is authorized to include this pledge and
13 agreement of the state in any agreement with bondholders.
14 § 1114-n. Exemption from taxes, assessments and certain fees. 1. It
15 is hereby determined that the creation of the authority and the carrying
16 out of its corporate purposes is in all respects for the benefit of the
17 people of the Sea Gate community and the state and is a public purpose
18 and the authority shall be regarded as performing a governmental func-
19 tion in the exercise of the powers conferred upon it by this title and
20 shall not be required to pay any taxes, special ad valorem levies or
21 special assessments upon any property owned by it or under its jurisdic-
22 tion, control or supervision or upon its activities, or any filing,
23 recording or transfer fees or taxes in relation to instruments filed,
24 recorded or transferred by it or on its behalf. The construction, use,
25 occupation or possession of any property owned by the authority or the
26 Sea Gate community, including improvements thereon, by any person or
27 public corporation under a lease, lease and sublease or any other agree-
28 ment shall not operate to abrogate or limit the foregoing exemption,
29 notwithstanding that the lessee, user, occupant or person in possession
30 shall claim ownership for federal income tax purposes.
31 2. Any bonds issued pursuant to this title together with the income
32 therefrom shall be exempt from taxation except for transfer and estate
33 taxes. The revenues, moneys and other properties and activities of the
34 authority shall be exempt from taxes and governmental fees or charges,
35 whether imposed by the state or any municipality, including real estate
36 taxes, franchise taxes, sales taxes or other excise taxes.
37 3. The state hereby covenants with the purchaser and with all subse-
38 quent holders and transferees of bonds issued by the authority pursuant
39 to this title, in consideration of the acceptance of and payment for the
40 bonds, that the bonds of the authority issued pursuant to this title and
41 the income therefrom shall be exempt from taxation, as aforestated in
42 subdivision two of this section, and that all revenues, moneys, and
43 other property pledged to secure the payment of such bonds shall at all
44 times be free from such taxation as aforestated in such subdivision.
45 § 1114-o. Actions against authority. 1. Except in an action for wrong-
46 ful death, no action or special proceeding shall be prosecuted or main-
47 tained against the authority for personal injury or damage to real or
48 personal property alleged to have been sustained by reason of the negli-
49 gence or wrongful act of the authority or of any member, officer, agent
50 or employee thereof, unless (a) a notice of claim shall have been made
51 and served upon the authority within the time limit prescribed by and in
52 compliance with section fifty-e of the general municipal law, (b) it
53 shall appear by and as an allegation in the complaint or moving papers
54 that at least thirty days have elapsed since the service of such notice
55 and that adjustment or payment thereof has been neglected or refused,
56 and (c) the action or special proceeding shall be commenced within one
A. 5020 15
1 year and ninety days after the happening of the event upon which the
2 claim is based. An action against the authority for wrongful death shall
3 be commenced in accordance with the notice of claim and time limitation
4 provisions of title eleven of article nine of this chapter.
5 2. Wherever a notice of claim is served upon the authority, it shall
6 have the right to demand an examination of the claimant relative to the
7 occurrence and extent of the injuries or damages for which claim is
8 made, in accordance with the provisions of section fifty-h of the gener-
9 al municipal law.
10 3. The authority may require any person, presenting for settlement an
11 account or claim for any cause whatever against the authority, to be
12 sworn before a member, counsel, officer or employee of the authority
13 designated for such purpose concerning such account or claim and, when
14 so sworn, to answer orally as to any facts relative to such account or
15 claim. The authority shall have power to settle or adjust all claims in
16 favor of or against the authority.
17 4. The rate of interest to be paid by the authority upon any judgment
18 for which it is liable, other than a judgment on its bonds, shall be the
19 rate prescribed by section three-a of the general municipal law. Inter-
20 est on payments of principal or interest on any bonds in default shall
21 accrue at the rate or rates set forth in such bonds from the due date
22 thereof until paid or otherwise satisfied.
23 § 1114-p. Contracts. 1. All contracts or orders for work, material or
24 supplies performed or furnished in connection with construction shall be
25 awarded by the authority pursuant to resolution of the governing body
26 except as hereinafter provided. Such awards, when applicable, shall be
27 made in compliance with paragraph (e) of subdivision four and subdivi-
28 sion seven of section one hundred twenty-w of the general municipal law.
29 In any construction contract, the authority may provide a program for
30 the payment of damages for delays and incentive awards in order to
31 encourage timely project completion. An action, suit or proceeding
32 contesting the validity of a contract awarded pursuant to this section,
33 or the validity of the procedures relating to such award, shall be
34 governed by the provisions of subdivision six of section one hundred
35 twenty-w of the general municipal law and the term "municipality" as
36 used in such subdivision six shall mean the authority.
37 2. The bidder whose bid is accepted shall give security for the faith-
38 ful performance of the contract, and such other security as the authori-
39 ty may require, and may be required to maintain any construction done
40 under the contract for such period as shall be stipulated, all in the
41 manner prescribed and required by the authority, and the sufficiency of
42 such security shall, in addition to the justification and acknowledge-
43 ment, be approved by the authority. All bids or proposals shall be
44 publicly opened by the governing body or its duly authorized agent. If
45 the bidder whose bid or proposal has been accepted after advertising
46 shall neglect or refuse to accept the contract within five days after
47 written notice that the contract has been awarded to him on his bid or
48 proposal, or if he accepts but does not execute the contract and give
49 proper security, the authority shall have the right to declare his
50 deposit forfeited. In case any work shall be abandoned by any contrac-
51 tor, the authority may, if it determines that the public interest is
52 thereby served, adopt on behalf of the authority any or all subcontracts
53 made by such contractor for such work and all such subcontractors shall
54 be bound by such adoption if made. No bid or proposal shall be accepted
55 from, or any contract awarded to, any person or corporation who is in
56 arrears to the authority or the Sea Gate community upon any obligation
A. 5020 16
1 of the authority or of the Sea Gate community. Every contract involving
2 an expenditure of more than five thousand dollars when made and entered
3 into as herein provided for shall be executed in duplicate, one copy of
4 which shall be held by the authority and one copy of which shall be
5 delivered to the contractor. The authority may adopt, utilize, ratify
6 and confirm any request for proposals, invitation for sealed bids,
7 plans, specifications and notices heretofore or hereafter published by
8 the Sea Gate community with respect to any proposed project, and the
9 authority may adopt, utilize, accept and confirm any bids or proposals
10 submitted to the Sea Gate community and heretofore or hereafter received
11 and publicly opened by the Sea Gate community. The provisions of this
12 section shall supersede any inconsistent provisions of the general
13 municipal law, any other general, special or local law, or the charter
14 of the Sea Gate community.
15 § 1114-q. Interest in contracts prohibited. It shall be a misdemeanor
16 for any member of the governing body or any officer, agent, servant or
17 employee of the authority to be in any way or manner interested, direct-
18 ly or indirectly, in the furnishing of work, materials, supplies or
19 labor, or in any contract therefor which the authority is empowered by
20 this title to make.
21 § 1114-r. Audit and annual report. In conformity with the provisions
22 of section five of article ten of the constitution, the accounts of the
23 authority shall be subject to the supervision of the comptroller. The
24 authority shall annually submit to the governor and comptroller and to
25 the state legislature a detailed report pursuant to the provisions of
26 section two thousand eight hundred of this chapter, and a copy of such
27 report shall be filed with the chief executive officer. The authority
28 shall comply with the provisions of sections two thousand eight hundred
29 one, two thousand eight hundred two, and two thousand eight hundred
30 three of this chapter.
31 § 1114-s. Limited liability. Neither the members of the governing
32 body, nor any municipality, officer or employee acting in its behalf,
33 while acting within the scope of their authority, shall be subject to
34 any personal liability resulting from the construction, maintenance or
35 operation of any of the properties of the authority or from carrying out
36 any of the powers expressly given in this title; provided, however, that
37 this section shall not be held to apply to any independent contractor.
38 § 1114-t. Environmental applications, proceedings, approvals and
39 permits. 1. Any application in relation to the purposes of or contem-
40 plated by this title heretofore filed, or any proceeding heretofore
41 commenced, by the Sea Gate community with the state department of envi-
42 ronmental conservation, the department of transportation or any other
43 state agency or instrumentality or with the United States environmental
44 protection agency or any other federal agency or instrumentality shall
45 inure to and for the benefit of the authority to the same extent and in
46 the same manner as if the authority had been a party to such application
47 or proceeding from its inception, and the authority shall be deemed a
48 party thereto, to the extent not prohibited by any federal law. Any
49 license, approval, permit or decision heretofore or hereafter issued or
50 granted pursuant to or as a result of any such application or proceeding
51 shall inure to the benefit of and be binding upon the authority and
52 shall be assigned and transferred by the Sea Gate community to the
53 authority, unless such assignment and transfer is prohibited by federal
54 law.
55 2. All such applications, proceedings, licenses, approvals, permits
56 and decisions shall further inure to and for the benefit of and be bind-
A. 5020 17
1 ing upon any person leasing, acquiring, constructing, maintaining, using
2 or occupying any facility financed in whole or in part by the authority.
3 § 1114-u. Sea Gate community may levy tax within district. Should it
4 appear to the board of directors of the Sea Gate community at any time
5 that the revenue of the authority is or will be insufficient to provide
6 for the payment of any bonds issued under this title and to reimburse
7 the Sea Gate community for any moneys that it may have advanced to the
8 authority, the board of directors of the Sea Gate community shall deter-
9 mine the amount of money of necessary to be raised for such purpose, and
10 shall levy a tax on the territory of the district located within the Sea
11 Gate community and upon the several parcels of real estate in the
12 district located within the Sea Gate community in an amount sufficient
13 to produce the amount necessary to be raised as aforesaid; provided that
14 such tax shall not be levied to pay any bonds of the authority unless
15 the authority with the consent of the board of directors of the Sea Gate
16 community has pledged such tax prior to the issuance of such bonds. Such
17 tax shall be levied and apportioned upon such territory located within
18 the Sea Gate community and collected from the several parcels of real
19 estate in the district located within the Sea Gate community in like
20 manner as other Sea Gate community taxes. It is hereby determined that
21 the liability imposed upon the territory included in the district
22 located within the Sea Gate community is based upon the special benefit
23 to such territory accruing under this title and that the tax to be
24 levied because of such liability and in proportion to the taxable value
25 of real estate in such territory will be in proportion to such benefits.
26 § 1114-v. Authority and water board to take affirmative action. 1.
27 Each contracting agency which awards contracts for design, construction,
28 services or materials for water projects authorized by this title shall
29 require that such contracts and documents soliciting bids or proposals
30 therefor shall contain or make reference to the following provisions:
31 (a) The contractor will not discriminate against employees or appli-
32 cants for employment because of race, creed, color, national origin,
33 sex, age, disability, or marital status, and will undertake or continue
34 programs of affirmative action to insure that minority group persons and
35 women are afforded equal employment opportunity without discrimination.
36 Such action shall be taken with reference, but not be limited to
37 recruitment, employment, job assignment, promotion, upgrading, demotion,
38 transfer, layoff, termination, rates of pay or other forms of compen-
39 sation, and selections for training or retraining, including apprentice-
40 ship and on-the-job training.
41 (b) At the request of the contracting agency, the contractor shall
42 request each employment agency, labor union, or authorized represen-
43 tative of workers with which he has a collective bargaining or other
44 agreement or understanding, to furnish a written statement that such
45 employment agency, labor union or representative shall not discriminate
46 because of race, creed, color, national origin, sex, age, disability or
47 marital status and that such union or representative will cooperate in
48 the implementation of the contractor's obligations hereunder.
49 (c) The contractor will state, in all solicitations or advertisements
50 for employees placed by or on behalf of the contractor, in performance
51 of the contract that all qualified applicants will be afforded equal
52 employment opportunity without discrimination because of race, creed,
53 color, national origin, sex, age, disability or marital status.
54 (d) The contractor will include the provisions of paragraphs (a), (b)
55 and (c) of this subdivision in every subcontract or purchase order in
A. 5020 18
1 such a manner that such provisions will be binding upon each subcontrac-
2 tor or vendor as to its working connection with a contract.
3 2. Each contracting agency shall establish procedures and guidelines
4 to ensure that contractors and subcontractors undertake programs of
5 affirmative action as required by this section. Such procedures may
6 require, after notice in a bid solicitation, the submission of an affir-
7 mative action program prior to the award of any contract, or at any time
8 thereafter, and may require the submission of compliance reports relat-
9 ing to the operation and implementation of any affirmative action
10 program adopted hereunder. Such procedures and guidelines shall be
11 consistent with the guidelines promulgated by the office of federal
12 contract compliance programs of the United States department of labor
13 pursuant to presidential executive order eleven thousand two hundred
14 forty-six, as amended, and any state statutory or regulatory require-
15 ments. A contracting agency shall, in the promulgation of procedures and
16 guidelines pursuant to this section, cooperate with any federal, state
17 or local agency established for the purpose of implementing affirmative
18 action compliance programs.
19 3. Any contracting agency empowered to award contracts for design,
20 construction, services or materials shall seek meaningful participation
21 in the performance of contracts by minority business enterprises and
22 shall establish measures and procedures to identify those contracts and
23 items of work for which minority business enterprises may best bid to
24 actively and affirmatively promote and assist their participation so as
25 to facilitate the award of a fair share of contracts to such enter-
26 prises. For purposes hereof, "minority business enterprise" shall mean
27 any business enterprise which is at least fifty-one per centum owned by,
28 or in the case of a publicly owned business, at least fifty-one per
29 centum of the stock of which is owned by citizens or permanent resident
30 aliens who are Black, Hispanic, Asian, American Indian or women, and
31 such ownership interest is real, substantial and continuing. The
32 provisions of this subdivision shall not be construed to limit the abil-
33 ity of any minority business enterprise to bid on any contract.
34 4. In the implementation of subdivisions two and three of this
35 section, the contracting agency shall consider compliance by any
36 contractor with the requirements of any federal, state or local law
37 concerning minority business enterprises or equal employment opportu-
38 nity, which may effectuate the requirements of this section. If the
39 contracting agency determines that by virtue of the imposition of the
40 requirements of any such law, in respect to contracts affected by this
41 section, that the provisions thereof duplicate or conflict with such
42 law, the contracting agency shall waive the applicability of this
43 section to the extent of such duplication or conflict.
44 5. In order to implement the requirements and objectives of this
45 section, contracting agencies shall be responsible for monitoring the
46 contractors' compliance with the provisions hereof, for advising
47 contractors on the availability of competing qualified minority business
48 enterprises to perform contracts proposed to be awarded and for making
49 recommendations to contractors to improve the access of minority busi-
50 ness enterprises to such contracts.
51 § 1114-w. Separability. If any section, clause or provision in this
52 title shall be held by a competent court to be unconstitutional or inef-
53 fective in whole or in part, to the extent that it is not unconstitu-
54 tional or ineffective, it shall be valid and effective, and no other
55 section, clause or provision shall on account thereof be deemed invalid
56 or ineffective.
A. 5020 19
1 § 1114-x. Effect of inconsistent provisions. Insofar as the provisions
2 of this title are inconsistent with the provisions of any other act,
3 general or special, or of any charter, local law, ordinance or resol-
4 ution of the Sea Gate community, or other municipality, the provisions
5 of this title shall be controlling. Nothing contained in this section
6 shall be held to supplement or otherwise expand the powers or duties of
7 the authority otherwise set forth in this title.
8 § 2. Creation of Sea Gate police department. Notwithstanding the
9 provisions of any law, general or special, the board of directors of the
10 Sea Gate community in the city of New York, upon the adoption of propo-
11 sitions therefor, may determine to create a police department for such
12 community to be known as the Sea Gate police department. Such police
13 department shall have a chief of police, to be appointed by such board
14 of directors.
15 § 3. Transfer of functions, powers and duties. All functions, powers,
16 duties and obligations of the former Sea Gate police department are
17 hereby transferred to Sea Gate police department created pursuant to
18 section two of this act.
19 § 4. Transfer of employees. Upon transfer of the functions of the
20 former Sea Gate police department to the Sea Gate police department
21 created pursuant to section two of this act, provisions shall be made
22 for the transfer to such police department of those employees of such
23 former police department who were engaged in carrying out the functions
24 transferred by this act.
25 § 5. Transfer of records. All books, papers and property of the former
26 Sea Gate police department are to be delivered to the police department
27 created pursuant to section two of this act at such place and time, and
28 in such manner as such police department shall require.
29 § 6. Continuity of authority. For the purpose of succession to all
30 functions, powers, duties and obligations of the former Sea Gate police
31 department transferred to and assumed by the police department created
32 pursuant to section two of this act, such police department shall
33 continue the operation thereof as if performed by such former depart-
34 ment.
35 § 7. Completion of unfinished business. Any business or other matter
36 undertaken or commenced by the former Sea Gate police department
37 pertaining to or connected with the functions, powers, duties and obli-
38 gations transferred and assigned to the police department created pursu-
39 ant to section two of this act and pending on the effective date of this
40 act shall be conducted and completed by the police department created by
41 section two of this act in the same manner and under the same terms and
42 conditions and with the same effect as if conducted and completed by
43 such former police department.
44 § 8. Continuation of rules and regulations. All rules, regulations,
45 acts, orders, determinations and decisions of the former Sea Gate police
46 department in force at the time of such transfer and assumption, shall
47 continue in force and effect as rules, regulations, acts, orders, deter-
48 minations and decisions of the police department created pursuant to
49 section two of this act until duly modified or abrogated.
50 § 9. Terms occurring in laws, contracts and other documents. Whenever
51 the former Sea Gate police department is referred to or designated in
52 any law, contract or document pertaining to the functions, powers, obli-
53 gations and duties transferred and assigned pursuant to this act, such
54 reference or designation shall be deemed to refer to the police depart-
55 ment created pursuant to section two of this act.
A. 5020 20
1 § 10. Existing rights and remedies preserved. No existing right or
2 remedy of any character shall be lost, impaired or affected by reason of
3 any transfer or assignment pursuant to this act.
4 § 11. Pending actions or proceedings. No action or proceeding pending
5 upon the effective date of this act relating to the functions, powers
6 and duties of the former Sea Gate police department transferred to the
7 police department created pursuant to section two of this act, brought
8 by or against such former police department, shall be affected by any
9 provision of this act, but the same may be prosecuted or defended in the
10 name of the police department created pursuant to section two of this
11 act. In all such actions and proceedings, the police department created
12 by section two of this act, upon application to the court, shall be
13 substituted as a party.
14 § 12. Transfer of appropriations heretofore made. Subject to the
15 approval of the director of the division of the budget, all appropri-
16 ations and reappropriations heretofore made to the former Sea Gate
17 police department for the purposes and functions transferred pursuant to
18 this act to the police department created pursuant to section two of
19 this act, to the extent of remaining unexpended or unencumbered balance
20 thereof, whether allocated or unallocated, and whether obligated or
21 unobligated, are hereby transferred to and made available for use and
22 expenditure by the police department created pursuant to section two of
23 this act for the same purposes for which originally appropriated or
24 reappropriated and shall be payable on vouchers certified or approved by
25 the executive director on audit and warrant of the comptroller. Payments
26 for liabilities for expenses of personal services, maintenance and oper-
27 ation heretofore incurred by and for liabilities incurred and to be
28 incurred in completing the affairs of the former Sea Gate police depart-
29 ment with respect to the powers, duties and functions transferred in
30 this act, shall also be made on vouchers or certificates approved by the
31 executive director on audit and warrant of the comptroller.
32 § 13. Transfer of assets and liabilities. All assets and liabilities
33 of the former Sea Gate police department are hereby transferred to and
34 assumed by the police department created by section two of this act.
35 § 14. The police department created by section two of this act is
36 hereby directed to immediately take any and all actions necessary to
37 enable it to assume all powers, duties and functions of the former Sea
38 Gate police department within 90 days of the effective date of this act.
39 § 15. Severability clause. If any clause, sentence, paragraph, subdi-
40 vision, section or part of this act shall be adjudged by any court of
41 competent jurisdiction to be invalid, such judgment shall not affect,
42 impair, or invalidate the remainder thereof, but shall be confined in
43 its operation to the clause, sentence, paragraph, subdivision, section
44 or part thereof directly involved in the controversy in which such judg-
45 ment shall have been rendered. It is hereby declared to be the intent of
46 the legislature that this act would have been enacted even if such
47 invalid provisions had not been included herein.
48 § 16. This act shall take effect immediately.
