Legislation
SECTION 2782
General powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 32
§ 2782. General powers of the authority. Except as otherwise limited
by this title, the authority shall have 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 for any of its corporate purposes
or its projects and to provide for the rights of the holders thereof;
4. to make and alter by-laws for its organization and management, and,
subject to agreements with its bondholders, to make and alter rules and
regulations governing the exercise of its powers and the fulfillment of
its purposes under this title;
5. (a) to acquire by purchase, grant, lease, gift, or otherwise and to
hold and use property necessary, convenient or desirable to carry out
its corporate purposes, and to sell, convey, mortgage, lease, pledge,
exchange or otherwise dispose of any such property in such manner as the
authority shall determine;
(b) to acquire by condemnation pursuant to the provisions of the
eminent domain procedure law with the approval of the county
legislature;
6. to acquire, construct, reconstruct, lease, expand, improve,
maintain, equip, furnish, operate one or more projects and, if
necessary, to pay or finance the cost thereof;
7. to accept gifts, grants, loans, or contributions of funds or
property or financial or other aid in any form from, and enter into
contracts or other transactions with, the federal government, the state
or any public corporation or any other source, and to use any such
gifts, grants, loans or contributions for any of its corporate purposes;
8. to grant options to renew any lease with respect to any project or
projects and to grant options to buy any project at such price as the
authority may deem desirable;
9. to designate the depositories of its money;
10. to establish its fiscal year;
11. to enter into contracts, agreements and leases with the federal
government, the state, the county, any person or other public
corporation and to execute all instruments necessary or convenient to
accomplishing its corporate purposes;
12. to appoint such officers, employees and agents as the authority
may require for the performance of its duties, and to fix and determine
their qualifications, duties, and compensation subject to the provisions
of the civil service law and any applicable collective bargaining
agreement, and to retain or employ counsel, auditors, engineers and
private consultants on a contract basis or otherwise for rendering
professional, management or technical services and advice;
13. with the consent of the county executive, to use employees,
agents, consultants and facilities of the county, paying the county its
agreed proportion of the compensation or costs;
14. to make and adopt plans, surveys, and studies necessary,
convenient or desirable to the effectuation of the purposes and powers
of the authority and to prepare recommendations in regard thereto;
15. to enter upon such lands, waters or premises as in the judgement
of the authority may be necessary, convenient or desirable for the
purpose of making surveys, soundings, borings and examinations to
accomplish any purpose authorized by this title, the authority being
liable for actual damage done;
16. the authority may covenant and consent that the interest on any of
its bonds or notes issued pursuant to this title shall be includable,
under the United States Internal Revenue Code of 1986, as amended (the
"code") or any subsequent corresponding internal revenue law of the
United States, in gross income of the holders of the bonds or notes to
the same extent and in the same manner that the interest on bills,
bonds, notes or other obligations of the United States is includable in
the gross income of the holders thereof under the code or any such
subsequent law;
17. to do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title;
18. to insure or provide for the insurance of the authority's property
or operations as required by law and also against such other risks as
the authority may deem advisable.
by this title, the authority shall have 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 for any of its corporate purposes
or its projects and to provide for the rights of the holders thereof;
4. to make and alter by-laws for its organization and management, and,
subject to agreements with its bondholders, to make and alter rules and
regulations governing the exercise of its powers and the fulfillment of
its purposes under this title;
5. (a) to acquire by purchase, grant, lease, gift, or otherwise and to
hold and use property necessary, convenient or desirable to carry out
its corporate purposes, and to sell, convey, mortgage, lease, pledge,
exchange or otherwise dispose of any such property in such manner as the
authority shall determine;
(b) to acquire by condemnation pursuant to the provisions of the
eminent domain procedure law with the approval of the county
legislature;
6. to acquire, construct, reconstruct, lease, expand, improve,
maintain, equip, furnish, operate one or more projects and, if
necessary, to pay or finance the cost thereof;
7. to accept gifts, grants, loans, or contributions of funds or
property or financial or other aid in any form from, and enter into
contracts or other transactions with, the federal government, the state
or any public corporation or any other source, and to use any such
gifts, grants, loans or contributions for any of its corporate purposes;
8. to grant options to renew any lease with respect to any project or
projects and to grant options to buy any project at such price as the
authority may deem desirable;
9. to designate the depositories of its money;
10. to establish its fiscal year;
11. to enter into contracts, agreements and leases with the federal
government, the state, the county, any person or other public
corporation and to execute all instruments necessary or convenient to
accomplishing its corporate purposes;
12. to appoint such officers, employees and agents as the authority
may require for the performance of its duties, and to fix and determine
their qualifications, duties, and compensation subject to the provisions
of the civil service law and any applicable collective bargaining
agreement, and to retain or employ counsel, auditors, engineers and
private consultants on a contract basis or otherwise for rendering
professional, management or technical services and advice;
13. with the consent of the county executive, to use employees,
agents, consultants and facilities of the county, paying the county its
agreed proportion of the compensation or costs;
14. to make and adopt plans, surveys, and studies necessary,
convenient or desirable to the effectuation of the purposes and powers
of the authority and to prepare recommendations in regard thereto;
15. to enter upon such lands, waters or premises as in the judgement
of the authority may be necessary, convenient or desirable for the
purpose of making surveys, soundings, borings and examinations to
accomplish any purpose authorized by this title, the authority being
liable for actual damage done;
16. the authority may covenant and consent that the interest on any of
its bonds or notes issued pursuant to this title shall be includable,
under the United States Internal Revenue Code of 1986, as amended (the
"code") or any subsequent corresponding internal revenue law of the
United States, in gross income of the holders of the bonds or notes to
the same extent and in the same manner that the interest on bills,
bonds, notes or other obligations of the United States is includable in
the gross income of the holders thereof under the code or any such
subsequent law;
17. to do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title;
18. to insure or provide for the insurance of the authority's property
or operations as required by law and also against such other risks as
the authority may deem advisable.