Legislation
SECTION 1428
Purpose and powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 7, TITLE 2
§ 1428. Purpose and powers of the authority. The purpose of the
authority shall be to construct, operate and maintain one or more
projects in the city. To carry out said purpose, the authority shall
have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes, including the power to purchase prospective or tentative
awards in connection with the condemnation of real property;
4. To acquire by purchase, grant, lease, gift, condemnation or
otherwise, and use real property necessary or convenient for its
corporate purposes and to sell, convey, mortgage, lease, pledge,
exchange, or otherwise dispose of such property in such manner as the
authority may determine; provided that the location of the site of any
project shall be subject to the prior approval of the planning board of
the city. All real property acquired by the authority by condemnation
shall be acquired in the manner provided in the eminent domain procedure
law or in the manner provided by law for the condemnation of land by the
city;
5. To make by-laws for the management and regulation of its affairs,
and, subject to agreements with bondholders, for the regulation of the
project;
6. With the consent of the city to use agents, employees, and
facilities of the city, including the corporation counsel, paying to the
city its agreed proportion of the compensation or costs;
7. To appoint officers, agents and employees, to prescribe their
qualifications and to fix their compensation; subject, however, to the
provisions of the civil service law, as hereinafter provided;
8. To make contracts and leases, and to execute all instruments
necessary or convenient;
9. To construct such buildings, structures and facilities as may be
necessary or convenient;
10. To construct, develop, maintain and operate the projects and to
contract in relation thereto with the city and with other persons, and
to sell, lease or otherwise dispose of any project or part thereof to
any person, provided such person shall undertake to operate and maintain
any project or part thereof subject to such conditions and limitations
as the authority may determine to be in the public interest and
consistent with its public purposes;
11. To accept grants, loans or contributions from the United States,
the state of New York, or any agency or instrumentality of either of
them, or the city, and to expend the proceeds for any purposes of the
authority;
12. To fix and collect rentals, fees and other charges for the use of
the projects or any of them subject to and in accordance with such
agreements with bondholders as may be made as hereinafter provided;
13. To construct, operate or maintain in the projects all facilities
necessary or convenient in connection therewith; and to contract for the
construction, operation or maintenance of any parts thereof or for
services to be performed; to rent parts thereof, and grant concessions,
all on such terms and conditions as it may determine.
14. To enter into agreements with one or more financing agencies to
provide for the acceptance by the authority of credit cards as a means
of payment of rentals, rates, fees and other charges owed by a person to
the authority. Any such agreement shall govern the terms and conditions
upon which a credit card proffered as means of payment of a fee, rate,
rent or other charge shall be accepted or declined and the manner in and
conditions upon which the financing agency shall pay to the authority
the amount of fees, rates, rents or other charges paid by means of a
credit card pursuant to such agreement. Any such agreement may provide
for the payment by the authority to such financing agency of fees for
the services provided by such financing agency pursuant to such
agreement, which fees may consist of a discount deducted from or payable
in respect to the amount of such fee, rate, rent or other charge or
otherwise as the agreement may provide. If the authority has entered
into an agreement pursuant to this subdivision, it may accept credit
cards as a means of payment of fees, rates, rents or other charges, as
provided in any such agreement and may pay such fees as are specified in
such agreement to such financing agency thereunder. The authority may
promulgate any rules or regulations necessary to carry out the
provisions of this subdivision. For the purposes of this subdivision,
the terms "credit card," "financing agency" and "person" shall have the
same meaning as provided in subdivision (a) of section five of the
general municipal law.
authority shall be to construct, operate and maintain one or more
projects in the city. To carry out said purpose, the authority shall
have power:
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To acquire, hold and dispose of personal property for its corporate
purposes, including the power to purchase prospective or tentative
awards in connection with the condemnation of real property;
4. To acquire by purchase, grant, lease, gift, condemnation or
otherwise, and use real property necessary or convenient for its
corporate purposes and to sell, convey, mortgage, lease, pledge,
exchange, or otherwise dispose of such property in such manner as the
authority may determine; provided that the location of the site of any
project shall be subject to the prior approval of the planning board of
the city. All real property acquired by the authority by condemnation
shall be acquired in the manner provided in the eminent domain procedure
law or in the manner provided by law for the condemnation of land by the
city;
5. To make by-laws for the management and regulation of its affairs,
and, subject to agreements with bondholders, for the regulation of the
project;
6. With the consent of the city to use agents, employees, and
facilities of the city, including the corporation counsel, paying to the
city its agreed proportion of the compensation or costs;
7. To appoint officers, agents and employees, to prescribe their
qualifications and to fix their compensation; subject, however, to the
provisions of the civil service law, as hereinafter provided;
8. To make contracts and leases, and to execute all instruments
necessary or convenient;
9. To construct such buildings, structures and facilities as may be
necessary or convenient;
10. To construct, develop, maintain and operate the projects and to
contract in relation thereto with the city and with other persons, and
to sell, lease or otherwise dispose of any project or part thereof to
any person, provided such person shall undertake to operate and maintain
any project or part thereof subject to such conditions and limitations
as the authority may determine to be in the public interest and
consistent with its public purposes;
11. To accept grants, loans or contributions from the United States,
the state of New York, or any agency or instrumentality of either of
them, or the city, and to expend the proceeds for any purposes of the
authority;
12. To fix and collect rentals, fees and other charges for the use of
the projects or any of them subject to and in accordance with such
agreements with bondholders as may be made as hereinafter provided;
13. To construct, operate or maintain in the projects all facilities
necessary or convenient in connection therewith; and to contract for the
construction, operation or maintenance of any parts thereof or for
services to be performed; to rent parts thereof, and grant concessions,
all on such terms and conditions as it may determine.
14. To enter into agreements with one or more financing agencies to
provide for the acceptance by the authority of credit cards as a means
of payment of rentals, rates, fees and other charges owed by a person to
the authority. Any such agreement shall govern the terms and conditions
upon which a credit card proffered as means of payment of a fee, rate,
rent or other charge shall be accepted or declined and the manner in and
conditions upon which the financing agency shall pay to the authority
the amount of fees, rates, rents or other charges paid by means of a
credit card pursuant to such agreement. Any such agreement may provide
for the payment by the authority to such financing agency of fees for
the services provided by such financing agency pursuant to such
agreement, which fees may consist of a discount deducted from or payable
in respect to the amount of such fee, rate, rent or other charge or
otherwise as the agreement may provide. If the authority has entered
into an agreement pursuant to this subdivision, it may accept credit
cards as a means of payment of fees, rates, rents or other charges, as
provided in any such agreement and may pay such fees as are specified in
such agreement to such financing agency thereunder. The authority may
promulgate any rules or regulations necessary to carry out the
provisions of this subdivision. For the purposes of this subdivision,
the terms "credit card," "financing agency" and "person" shall have the
same meaning as provided in subdivision (a) of section five of the
general municipal law.