Legislation
SECTION 2052-D
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-L
§ 2052-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 enter into contracts and to execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title;
4. To acquire, lease as lessee, hold and use by purchase, gift, grant,
transfer, contract or lease 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. In connection with the
acquisition of any such property, the authority may assume any
obligations of the owner of such property 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;
and furthermore the owner of any property which the authority is
authorized to acquire is hereby authorized to sell or otherwise transfer
the same to the authority, whereupon the authority shall become charged
with the performance of all public duties with respect to such property
with which such owner was charged and such owner shall become discharged
from the performance thereof;
5. To develop, construct, operate, maintain, manage or contract for
the operation, maintenance or management of Murnane Field; to allow the
use of Murnane Field by professional athletic teams for the conduct of
professional and amateur athletic events and activities related thereto
and, in its discretion, other organized public use and to allow the use
of Murnane Field by the Utica city school district for the organized use
of its students, subject only to general rules for the use of such
sports facility and reasonable scheduling requirements; to contract for
the operation and maintenance of the sports facility under its
jurisdiction or for services to be performed in connection therewith; to
rent parts thereof and to grant concessions, all on such terms and
conditions as it may determine;
6. To lease the project of the authority to the county or any other
municipality in the county, or any instrumentality thereof, upon such
terms and conditions as shall be determined by the authority, the
county, the municipality or such instrumentality, as the case may be;
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, and 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 make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto;
9. To enter upon such lands or premises as in the judgment of the
authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damage done;
10. To apply for and 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 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;
11. To enter into cooperative agreements with other authorities,
municipalities, district corporations, individuals or corporations,
within or without the county, for any lawful purposes necessary or
desirable to effect the purposes of this title upon such terms and
conditions as shall be determined to be reasonable;
12. To make bylaws and rules for the management and regulation of its
affairs and for the regulation of any project. A copy of such bylaws and
rules, and all amendments thereto, duly certified by the secretary of
the authority shall be filed in the office of the county clerk of the
county and shall be published thereafter once in each of two newspapers
having a general circulation in the county. Violations of such rules
shall be punishable by fine, not exceeding fifty dollars, or by
imprisonment for not longer than thirty days, or both;
13. To fix rates and collect charges for the use of the project so as
to provide revenues sufficient at all times to pay, as the same shall
become due, the expense of operating and maintaining the project of the
authority together with proper reserves for maintenance, contingencies
and all other obligations and indebtedness of the authority;
14. With the consent of the county board of legislators, to use
officers and employees of the county, including the county attorney's
office, and to pay a proper portion of compensation or costs for the
services of such officers or employees; and
15. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To enter into contracts and to execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title;
4. To acquire, lease as lessee, hold and use by purchase, gift, grant,
transfer, contract or lease 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. In connection with the
acquisition of any such property, the authority may assume any
obligations of the owner of such property 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;
and furthermore the owner of any property which the authority is
authorized to acquire is hereby authorized to sell or otherwise transfer
the same to the authority, whereupon the authority shall become charged
with the performance of all public duties with respect to such property
with which such owner was charged and such owner shall become discharged
from the performance thereof;
5. To develop, construct, operate, maintain, manage or contract for
the operation, maintenance or management of Murnane Field; to allow the
use of Murnane Field by professional athletic teams for the conduct of
professional and amateur athletic events and activities related thereto
and, in its discretion, other organized public use and to allow the use
of Murnane Field by the Utica city school district for the organized use
of its students, subject only to general rules for the use of such
sports facility and reasonable scheduling requirements; to contract for
the operation and maintenance of the sports facility under its
jurisdiction or for services to be performed in connection therewith; to
rent parts thereof and to grant concessions, all on such terms and
conditions as it may determine;
6. To lease the project of the authority to the county or any other
municipality in the county, or any instrumentality thereof, upon such
terms and conditions as shall be determined by the authority, the
county, the municipality or such instrumentality, as the case may be;
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, and 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 make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto;
9. To enter upon such lands or premises as in the judgment of the
authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damage done;
10. To apply for and 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 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;
11. To enter into cooperative agreements with other authorities,
municipalities, district corporations, individuals or corporations,
within or without the county, for any lawful purposes necessary or
desirable to effect the purposes of this title upon such terms and
conditions as shall be determined to be reasonable;
12. To make bylaws and rules for the management and regulation of its
affairs and for the regulation of any project. A copy of such bylaws and
rules, and all amendments thereto, duly certified by the secretary of
the authority shall be filed in the office of the county clerk of the
county and shall be published thereafter once in each of two newspapers
having a general circulation in the county. Violations of such rules
shall be punishable by fine, not exceeding fifty dollars, or by
imprisonment for not longer than thirty days, or both;
13. To fix rates and collect charges for the use of the project so as
to provide revenues sufficient at all times to pay, as the same shall
become due, the expense of operating and maintaining the project of the
authority together with proper reserves for maintenance, contingencies
and all other obligations and indebtedness of the authority;
14. With the consent of the county board of legislators, to use
officers and employees of the county, including the county attorney's
office, and to pay a proper portion of compensation or costs for the
services of such officers or employees; and
15. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.