N.Y. Public Authorities Law 1115-C – General powers of the authority
§ 1115-c. General powers of the authority. The authority shall have the power:
Terms Used In N.Y. Public Authorities Law 1115-C
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. To sue and be sued;
2. To have a seal and alter the same at pleasure;
3. To borrow money and issue bonds or other obligations and to provide for the rights of the holders thereof;
4. 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;
5. To enter into agreements with the water board and the city for the financing by the authority of projects as herein provided;
6. To acquire, by purchase, gift, grant, transfer, contract or lease or by condemnation pursuant to the eminent domain procedure law, lease as lessee, hold, and use 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, provided, however, the authority may not condemn real property of the city, or of any municipal corporation or district corporation, as such terms are defined in § 66 of the general construction law, without the consent of the city, or any such municipal corporation or district corporation, as the case may be; and, provided, further however, that the authority may not exercise the power of eminent domain with respect to real property outside the city which is owned by any individual, partnership, corporation (other than a municipal corporation or district corporation), association, trust, or legal entity without the consent of: (a) the governing body of a city, other than the city of Albany, if such real property is wholly located within such city, or (b) the town board if such real property is wholly located within such town, or (c) the governing body of a city, other than the city of Albany, and the town board if such real property is partly located within such city and partly located within such town; and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time required by it in the exercise of its powers;
7. To make and amend by-laws for its organization and internal management, and rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this title. A copy of such rules, regulations and by-laws, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the clerk of the city;
8. 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;
9. To appoint such officers and employees as are required for the performance of its duties, and to fix and determine their qualifications, duties and compensation subject to provisions of the civil service law and the rules of the civil service commission of the city, and to retain or employ counsel, auditors, engineers and private consultants on a contract basis or otherwise for rendering professional or technical services and advice;
10. 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;
11. To make use of existing studies, surveys, plans, data and other material in the possession of any state agency, any municipality or the water board in order to avoid duplication of effort;
12. To enter upon such lands, waters 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;
13. 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; and
14. To do all things necessary, convenient or desirable to carry out its purposes and for the exercise of the powers granted in this title; provided that the authority shall not have power, within the city, to collect rentals, charges, rates or fees from the owners of real property, or the occupants of real property (other than the occupants of premises owned or controlled by the authority), for services or facilities furnished or supplied in connection with such real property, if such services or facilities are of a character or nature then or formerly furnished or supplied by the city.