Legislation
SECTION 3605
General powers of the corporation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-C, TITLE 5
§ 3605. General powers of the corporation. Except as limited by this
title, the public health law, the mental hygiene law, the social
services law, the education law or any other applicable law or
regulation, the corporation 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, or to refund the same, 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
corporation shall determine;
(b) to acquire by condemnation pursuant to the provisions of the
eminent domain procedures law any real property within the towns
required by the corporation to carry out the powers granted by this
title with the approval of both of the governing boards of the towns;
6. to acquire, construct, 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
corporation may deem desirable;
9. to designate the depositories of its money;
10. to establish its fiscal year;
11. to enter into contracts and to execute all instruments necessary
or convenient or desirable for the purposes of the corporation to carry
out any powers expressly given to it in this title;
12. to appoint such officers, employees and agents as the corporation
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 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. to use employees, agents, consultants and facilities of the towns,
paying such towns their agreed proportion of the compensation or costs
pursuant to an agreement with the towns;
14. to make and adopt plans, surveys and studies necessary, convenient
or desirable to the effectuation of the purposes and powers of the
corporation and to prepare recommendations in regard thereto;
15. except as limited by state law or regulation, to fix and collect
rates, rentals, fees and other charges for the services rendered by or
for use of the facilities or in the exercise of the powers of the
corporation;
16. to enter upon such lands, waters or premises as in the judgment of
the corporation 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 corporation being
liable for actual damage done;
17. the corporation 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;
18. to insure or otherwise to provide for the insurance of the
corporation's property or operations and also contract against such
other risks as the corporation may deem advisable; and
19. to do all things necessary, convenient or desirable, including
ancillary and incidental activities, to carry out its purposes and for
the exercise of the powers granted in this title.
title, the public health law, the mental hygiene law, the social
services law, the education law or any other applicable law or
regulation, the corporation 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, or to refund the same, 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
corporation shall determine;
(b) to acquire by condemnation pursuant to the provisions of the
eminent domain procedures law any real property within the towns
required by the corporation to carry out the powers granted by this
title with the approval of both of the governing boards of the towns;
6. to acquire, construct, 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
corporation may deem desirable;
9. to designate the depositories of its money;
10. to establish its fiscal year;
11. to enter into contracts and to execute all instruments necessary
or convenient or desirable for the purposes of the corporation to carry
out any powers expressly given to it in this title;
12. to appoint such officers, employees and agents as the corporation
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 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. to use employees, agents, consultants and facilities of the towns,
paying such towns their agreed proportion of the compensation or costs
pursuant to an agreement with the towns;
14. to make and adopt plans, surveys and studies necessary, convenient
or desirable to the effectuation of the purposes and powers of the
corporation and to prepare recommendations in regard thereto;
15. except as limited by state law or regulation, to fix and collect
rates, rentals, fees and other charges for the services rendered by or
for use of the facilities or in the exercise of the powers of the
corporation;
16. to enter upon such lands, waters or premises as in the judgment of
the corporation 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 corporation being
liable for actual damage done;
17. the corporation 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;
18. to insure or otherwise to provide for the insurance of the
corporation's property or operations and also contract against such
other risks as the corporation may deem advisable; and
19. to do all things necessary, convenient or desirable, including
ancillary and incidental activities, to carry out its purposes and for
the exercise of the powers granted in this title.