Legislation
SECTION 903
General purpose and powers of authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 4, TITLE 5
§ 903. General purpose and powers of authority. The purpose of the
authority shall be to acquire, construct, reconstruct, improve, equip,
operate and maintain adequate regional wholesale market facilities
within the service area for the buying and selling of agricultural
commodities and commercial fishing products and to conduct such other
business activities as reasonably incidental thereto and in furtherance
of the convenient, efficient, profitable and successful operation of
such regional wholesale market facilities.
To enable the authority to carry out such purposes, 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 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. 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 consistent with and subject to local zoning
ordinances and laws;
6. To condemn real property within Suffolk county which shall be
necessary for its corporate purposes, in the manner provided in the
eminent domain procedure law, consistent with and subject to local
zoning ordinances and laws, provided, further, that the approval of the
county executive must be granted before such power is exercised;
7. To acquire, construct, lease, expand, improve, maintain, equip,
furnish, operate one or more projects consistent with and subject to the
local zoning ordinances and laws, and, if necessary, to pay or finance
the cost thereof;
8. 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;
9. 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;
10. To designate the depositories of its money;
11. To establish its fiscal year;
12. 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 to it in this title;
13. 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;
14. To use employees, agents, consultants and facilities of the
county, paying the county its agreed proportion of the compensation or
costs pursuant to an agreement with the county;
15. 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;
16. 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
authority;
17. To enter upon such lands 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;
18. To insure or otherwise to provide for the insurance of the
authority's property or operations;
19. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for procurement, design, construction,
services and materials shall be deemed state contracts within the
meaning of that term as set forth in such article; and
20. 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.
authority shall be to acquire, construct, reconstruct, improve, equip,
operate and maintain adequate regional wholesale market facilities
within the service area for the buying and selling of agricultural
commodities and commercial fishing products and to conduct such other
business activities as reasonably incidental thereto and in furtherance
of the convenient, efficient, profitable and successful operation of
such regional wholesale market facilities.
To enable the authority to carry out such purposes, 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 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. 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 consistent with and subject to local zoning
ordinances and laws;
6. To condemn real property within Suffolk county which shall be
necessary for its corporate purposes, in the manner provided in the
eminent domain procedure law, consistent with and subject to local
zoning ordinances and laws, provided, further, that the approval of the
county executive must be granted before such power is exercised;
7. To acquire, construct, lease, expand, improve, maintain, equip,
furnish, operate one or more projects consistent with and subject to the
local zoning ordinances and laws, and, if necessary, to pay or finance
the cost thereof;
8. 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;
9. 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;
10. To designate the depositories of its money;
11. To establish its fiscal year;
12. 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 to it in this title;
13. 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;
14. To use employees, agents, consultants and facilities of the
county, paying the county its agreed proportion of the compensation or
costs pursuant to an agreement with the county;
15. 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;
16. 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
authority;
17. To enter upon such lands 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;
18. To insure or otherwise to provide for the insurance of the
authority's property or operations;
19. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for procurement, design, construction,
services and materials shall be deemed state contracts within the
meaning of that term as set forth in such article; and
20. 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.