Legislation
SECTION 1232-D
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 10-D
§ 1232-d. Powers of the authority. The authority shall have the 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 or other obligations and to provide
for the rights of the holders thereof;
4. To finance or refinance the acquisition, design, construction,
reconstruction, rehabilitation and improvement, or otherwise provide and
furnish and equip facilities for the county, provided, however, that the
county shall have requested such financing or refinancing;
5. To enter into contracts and to execute all instruments necessary,
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title;
6. To acquire, by purchase, gift, grant, transfer, contract or lease,
lease as lessee, hold, use, and lease as lessor, sell or otherwise
convey any real or personal property or any interest therein, as the
authority may deem necessary, convenient or desirable to carry out the
purpose of this title; provided however, that any sale or lease by the
authority must be approved by the county legislature unless the proceeds
therefrom are used to pay debt service on authority bonds. In connection
with the purchase or lease of such properties, the authority may assume
any obligations of the owner of such properties or facilities and, to
the extent required by the terms of any indentures or other instruments
under which such obligations were issued, the authority may assume and
agree to perform covenants and observe the restrictions contained in
such instruments; provided that any acquisition of any real or personal
property or any interest therein from the county or any county agency,
entity or subsidiary shall occur for no consideration or compensation
greater than the amount necessary to defease obligations outstanding
with respect to such property;
7. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals of
its plans or projects as it may deem necessary or advisable, upon such
terms and conditions as it may deem appropriate, and to accept, in its
discretion, such licenses, permits or approvals as may be tendered to it
by such agencies and officials;
8. To apply for and to accept any gifts, grants or loans of funds or
property, or financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof, or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof;
9. To enter into agreements with the county, the state, or any other
person for the financing by the authority of projects as herein
provided; and
10. To do all things necessary, convenient or desirable for the
exercise of the powers granted in this title.
In accordance with the legislative intent, nothing contained within
this title shall be construed to affect, alter or modify the county's
responsibility: (a) to provide sewerage services, (b) to provide storm
water services and (c) to collect moneys generated from charges by the
county related to the provision of sewerage and storm water resources
services.
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To borrow money and issue bonds or other obligations and to provide
for the rights of the holders thereof;
4. To finance or refinance the acquisition, design, construction,
reconstruction, rehabilitation and improvement, or otherwise provide and
furnish and equip facilities for the county, provided, however, that the
county shall have requested such financing or refinancing;
5. To enter into contracts and to execute all instruments necessary,
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title;
6. To acquire, by purchase, gift, grant, transfer, contract or lease,
lease as lessee, hold, use, and lease as lessor, sell or otherwise
convey any real or personal property or any interest therein, as the
authority may deem necessary, convenient or desirable to carry out the
purpose of this title; provided however, that any sale or lease by the
authority must be approved by the county legislature unless the proceeds
therefrom are used to pay debt service on authority bonds. In connection
with the purchase or lease of such properties, the authority may assume
any obligations of the owner of such properties or facilities and, to
the extent required by the terms of any indentures or other instruments
under which such obligations were issued, the authority may assume and
agree to perform covenants and observe the restrictions contained in
such instruments; provided that any acquisition of any real or personal
property or any interest therein from the county or any county agency,
entity or subsidiary shall occur for no consideration or compensation
greater than the amount necessary to defease obligations outstanding
with respect to such property;
7. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals of
its plans or projects as it may deem necessary or advisable, upon such
terms and conditions as it may deem appropriate, and to accept, in its
discretion, such licenses, permits or approvals as may be tendered to it
by such agencies and officials;
8. To apply for and to accept any gifts, grants or loans of funds or
property, or financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof, or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof;
9. To enter into agreements with the county, the state, or any other
person for the financing by the authority of projects as herein
provided; and
10. To do all things necessary, convenient or desirable for the
exercise of the powers granted in this title.
In accordance with the legislative intent, nothing contained within
this title shall be construed to affect, alter or modify the county's
responsibility: (a) to provide sewerage services, (b) to provide storm
water services and (c) to collect moneys generated from charges by the
county related to the provision of sewerage and storm water resources
services.