Legislation
SECTION 1855
General powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1855. General powers of the authority. Subject to the other
provisions of this title and the provisions of any contract with
bondholders or noteholders, the authority shall have the following
powers in addition to any powers specifically conferred upon the
authority elsewhere in this title:
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To make and alter by-laws for its organization and internal
management.
4. To make rules and regulations governing the exercise of its
corporate powers and the fulfillment of its corporate purposes under
this title and title nine-A of this article, which shall be filed with
the department of state in the manner provided by section one hundred
two of the executive law.
5. To purchase, receive, lease or otherwise acquire, to hold in the
name of the state or otherwise, and to sell, convey, mortgage, lease,
pledge or otherwise dispose of, upon such terms and conditions as the
authority may deem advisable, real and personal property, together with
such rights and privileges as may be incidental and appurtenant thereto
and to the use thereof, including but not restricted to any real
property acquired or held by the authority pursuant to the provisions of
section eighteen hundred fifty-six of this title and any real or
personal property acquired by the authority in the satisfaction of
obligations contained in contracts, leases or other arrangements.
6. To enter into contracts, leases or other arrangements providing for
the establishment, operation, development and management of any property
or facility under the jurisdiction of the authority.
7. To enter into contracts, leases or other arrangements permitting
any person to use any property or facility under the jurisdiction of the
authority; permitting such person to build or add facilities or
improvements upon such property or facility; and providing, at the
discretion of the authority, for the acquisition by the authority of any
such facilities or improvements built or added by such person, upon such
terms and conditions as the authority may deem advisable.
8. To sell or otherwise make available, upon such terms and conditions
as the authority may deem advisable, any product, by-product or service
produced in or provided by any facility under its jurisdiction.
9. To fix and collect fees, rentals and charges for the use of any
property or facility under its jurisdiction, or for the sale of any
product, by-product or service produced in or provided by any such
facility, and to establish the rights and privileges created upon
payment thereof. Such fees, rentals and charges shall be established by
the authority so as to produce, in the judgment of the authority,
revenues sufficient, together with any other funds available to the
authority, to meet the expenses of maintenance and operation of the
facilities of the authority, to repay any moneys repayable to the state,
to fulfill the terms of agreements with the holders of its bonds, notes
or other obligations, and to provide funds for such other corporate
purposes as the authority may deem appropriate.
10. To enter into any contracts and to execute all instruments
necessary or convenient for the exercise of its corporate powers and the
fulfillment of its corporate purposes under this title.
11. To borrow money and to issue bonds, notes or other obligations and
to provide for the rights of the holders thereof.
12. To enter into agreements to pay annual sums in lieu of taxes to
any municipality or taxing district of the state in respect of any real
property which is owned by the authority, leased by the authority to a
person and located in such municipality or taxing district, provided,
however, that the amount so paid for any year upon any such property
shall not exceed the sum last paid as taxes on such property to such
municipality or taxing district prior to the time of its acquisition by
the authority.
13. To procure insurance, or obtain indemnification from the federal
government or other persons, against any loss in connection with the
assets of the authority and any liability in connection with the
activities of the authority, such insurance or indemnification to be
procured or obtained in such amounts, and from such sources, as the
authority deems to be appropriate.
14. To accept any gifts or 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 from any other
source and to comply, subject to the provisions of this title, with the
terms and conditions thereof.
15. To enter into any lands, waters or premises for the purpose of
making borings, soundings, surveys or other investigations necessary to
the purposes of the authority or to public health and safety.
16. To engage the services of bond counsel, financial advisors,
accountants, engineers, attorneys and other private consultants on a
contract basis for rendering professional and technical assistance and
advice.
17. To do all things necessary or convenient to carry out its
corporate purposes and exercise the powers given and granted by this
title.
provisions of this title and the provisions of any contract with
bondholders or noteholders, the authority shall have the following
powers in addition to any powers specifically conferred upon the
authority elsewhere in this title:
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To make and alter by-laws for its organization and internal
management.
4. To make rules and regulations governing the exercise of its
corporate powers and the fulfillment of its corporate purposes under
this title and title nine-A of this article, which shall be filed with
the department of state in the manner provided by section one hundred
two of the executive law.
5. To purchase, receive, lease or otherwise acquire, to hold in the
name of the state or otherwise, and to sell, convey, mortgage, lease,
pledge or otherwise dispose of, upon such terms and conditions as the
authority may deem advisable, real and personal property, together with
such rights and privileges as may be incidental and appurtenant thereto
and to the use thereof, including but not restricted to any real
property acquired or held by the authority pursuant to the provisions of
section eighteen hundred fifty-six of this title and any real or
personal property acquired by the authority in the satisfaction of
obligations contained in contracts, leases or other arrangements.
6. To enter into contracts, leases or other arrangements providing for
the establishment, operation, development and management of any property
or facility under the jurisdiction of the authority.
7. To enter into contracts, leases or other arrangements permitting
any person to use any property or facility under the jurisdiction of the
authority; permitting such person to build or add facilities or
improvements upon such property or facility; and providing, at the
discretion of the authority, for the acquisition by the authority of any
such facilities or improvements built or added by such person, upon such
terms and conditions as the authority may deem advisable.
8. To sell or otherwise make available, upon such terms and conditions
as the authority may deem advisable, any product, by-product or service
produced in or provided by any facility under its jurisdiction.
9. To fix and collect fees, rentals and charges for the use of any
property or facility under its jurisdiction, or for the sale of any
product, by-product or service produced in or provided by any such
facility, and to establish the rights and privileges created upon
payment thereof. Such fees, rentals and charges shall be established by
the authority so as to produce, in the judgment of the authority,
revenues sufficient, together with any other funds available to the
authority, to meet the expenses of maintenance and operation of the
facilities of the authority, to repay any moneys repayable to the state,
to fulfill the terms of agreements with the holders of its bonds, notes
or other obligations, and to provide funds for such other corporate
purposes as the authority may deem appropriate.
10. To enter into any contracts and to execute all instruments
necessary or convenient for the exercise of its corporate powers and the
fulfillment of its corporate purposes under this title.
11. To borrow money and to issue bonds, notes or other obligations and
to provide for the rights of the holders thereof.
12. To enter into agreements to pay annual sums in lieu of taxes to
any municipality or taxing district of the state in respect of any real
property which is owned by the authority, leased by the authority to a
person and located in such municipality or taxing district, provided,
however, that the amount so paid for any year upon any such property
shall not exceed the sum last paid as taxes on such property to such
municipality or taxing district prior to the time of its acquisition by
the authority.
13. To procure insurance, or obtain indemnification from the federal
government or other persons, against any loss in connection with the
assets of the authority and any liability in connection with the
activities of the authority, such insurance or indemnification to be
procured or obtained in such amounts, and from such sources, as the
authority deems to be appropriate.
14. To accept any gifts or 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 from any other
source and to comply, subject to the provisions of this title, with the
terms and conditions thereof.
15. To enter into any lands, waters or premises for the purpose of
making borings, soundings, surveys or other investigations necessary to
the purposes of the authority or to public health and safety.
16. To engage the services of bond counsel, financial advisors,
accountants, engineers, attorneys and other private consultants on a
contract basis for rendering professional and technical assistance and
advice.
17. To do all things necessary or convenient to carry out its
corporate purposes and exercise the powers given and granted by this
title.