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This entry was published on 2014-09-22
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SECTION 2704
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 29
§ 2704. Powers of the authority. Except as otherwise limited by this
title, the authority shall have power:

1. to make and alter by-laws for the regulation of its affairs and the
conduct of its business;

2. to adopt an official seal and alter the same at pleasure;

3. to maintain a principal office in the city of Watertown, and
regional offices at such place or places as it may designate within the
participating counties;

4. to sue and be sued;

5. to make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under this
title;

6. pursuant to a plan approved, or amended and approved, pursuant to
section twenty-seven hundred five of this title, in connection with any
project, to determine the feasibility, location and character of such
project and to acquire, construct, or to acquire any interest in or
right to capacity in, and to reconstruct, renovate, replace, maintain,
repair, enlarge, extend, operate, lease, as lessee or lessor, and
regulate such project, to enter into contracts for any or all of such
purposes, to enter into contracts for the management and operation of a
project and, to enter into contracts for any or all of such purposes,
including contracts for the management and operation of such project and
to sell, lease, mortgage or otherwise dispose of any project or part
thereof to the state, any person, public corporation or municipality;

7. to borrow money and to issue bonds of the authority for any of its
corporate purposes, to secure the same with its revenues or other funds
and otherwise to provide for and secure the payment thereof and to
provide for the rights of holders thereof and to fund or refund the
same.

8. to make contracts and to execute all necessary or convenient
instruments, including evidences of indebtedness, negotiable or
nonnegotiable in each case for securing its bonds or to provide direct
payment of any costs which the authority is authorized to pay;

9. subject to any limitation imposed or authorized by law, to fix and
revise from time to time and charge and collect rates, rents, fees and
charges for the use of and for the services furnished or to be furnished
by a project or any portion thereof and to contract with any person,
partnership, association or authority or other body public or private
including a public corporation in respect thereof provided, however,
that the authority shall not have the power, within any city, to collect
rentals, charges, rates or fees from the owners of real estate, or the
occupants of real estate (other than the occupants of premises owned or
controlled by such authority, or by the state or any civil division
thereof), for services or facilities furnished or supplied in connection
with such real estate, if such services or facilities are of a character
or nature that as of the enactment of this act or formerly were
furnished or supplied by the city, unless the electors of the city shall
approve the granting to such authority of such powers by a majority vote
at a general or special election in such city;

10. pursuant to a plan approved, or amended and approved, pursuant to
section twenty-seven hundred five of this title and upon approval by
resolution of the governing body of the county in which such property is
located, to condemn, in the name of the authority, pursuant to the
eminent domain procedure law, any real property within the participating
counties required by the authority for any project to carry out the
powers granted by this title;

11. to employ consulting engineers, architects, attorneys,
accountants, construction and financial experts, superintendents,
managers, and such other agents as may be necessary in its judgment, and
to fix their compensation;

12. pursuant to a plan approved, or amended and approved, pursuant to
section twenty-seven hundred five of this title, to assist in the
planning, development and construction of and the financing of, the cost
of any project whether or not such project is to be owned or operated by
the authority, including any project as defined in title one of article
eighteen-A of the general municipal law, provided, however, that the
authority shall not assist in the construction of or financing of the
cost of a project as defined in title one of article eighteen-A of the
general municipal law unless such project has first been approved by
resolution of the governing body of each municipality in which such
project is located;

13. to receive and accept loans, grants, aid in any form, gifts or
contributions from any source of either money, property, labor or other
things of value and, subject to the provisions of this title, to comply
with the terms and conditions thereof;

14. to enter into any lease of or to mortgage any property, project
and the site thereof;

15. subject to any agreement with the holders of its bonds, to invest
moneys of the authority not required for immediate use in obligations of
the state or the United States or obligations the principal and interest
of which are guaranteed by the state or the United States or in
certificates of deposit or time deposits secured in such manner as the
authority shall determine, or in obligations of any agency of the state
or the United States which may from time to time be legally purchased by
savings banks within the state as an investment of funds belonging to
them or in their control, or in any other obligations in which the
comptroller of the state is authorized to invest pursuant to section
ninety-eight of the state finance law or any successor provision of law;

16. subject to any agreement with the holders of its bonds, to
purchase bonds, of the authority out of any funds or moneys of the
authority available therefore, and to hold, cancel or resell the bonds;

17. to contract to render and to render such services to the United
States, or any public agency, public authority, municipality or
political subdivision of the state, as the United States, such public
agency, public authority, municipality or political subdivision shall
request, with respect to the custody, administration, management or
servicing of obligations, projects and property of such entity,
including but not limited to the use of the premises, personnel and
property of the authority, and may provide for reimbursement to the
authority for any expenses necessarily incurred by the authority in
rendering such services;

18. to appoint such officers, employees and agents as it may require,
prescribe their duties and qualifications and fix their compensation;

19. to establish such reserves as the authority deems necessary or
appropriate;

20. to acquire by lease, purchase or gift, hold and dispose of real
and personal property (whether tangible or intangible), which are
located within the state, or any interest therein, for its corporate
purposes, and, subject to any agreement with the holders of its bonds,
to sell any mortgage or loan or other personal property acquired by the
authority, at a public or private sale and at such price or prices as it
shall determine;

21. to enter into agreements, in its discretion, to pay annual sums in
lieu of taxes to any municipality, political subdivision or taxing
district of the state in respect of any real property which is owned by
the authority and located in such municipality, political subdivision or
taxing district;

22. to contract with persons, municipalities and the United States for
the use of projects and for the fixing and collection of rates, rentals,
fees and other charges for the use of such projects, or services
rendered by, or any commodities furnished by the authority so as to
provide revenues sufficient at all times to pay, as the same shall
become due, the principal and interest on the bonds, notes or other
obligations of the authority together with the maintenance of proper
reserves therefor, in addition to paying, as the same shall become due,
the expenses of operating and maintaining the properties of the
authority, together with proper reserves for debt service, depreciation,
maintenance and contingencies and all other obligations and indebtedness
of the authority;

23. to coordinate the activities of state agencies and authorities to
provide community facilities in the region;

24. to participate in federal programs for the insurance of loans
including programs which require the authority to share any loss arising
out of any loan insured by the federal government; and

25. to do all things necessary or convenient to carry out the purposes
of the authority.