State Codes and Statutes

Statutes > New-york > Gmu > Article-15-a > 554

§  554.  Powers  of  an  agency.  Subject to the provisions of article  fifteen of this chapter, an agency is authorized to plan  and  undertake  one  or  more urban renewal projects and shall have the powers necessary  or convenient to carry out and effectuate such project or  projects  and  the  purposes and provisions of this article and article fifteen of this  chapter, including but not limited to the following powers: (1)  to  sue  and  be  sued; (2) to have a seal and alter the same at pleasure; (3) to  have perpetual succession; (4) to make and  execute  contracts  and  all  other instruments necessary or convenient for the exercise of its powers  and  functions;  (5)  to make and alter by-laws for its organization and  internal management; (6) to acquire or  contract  to  acquire  from  any  person, firm, corporation or government, by subsidy, contribution, gift,  grant,  bequest,  devise,  purchase,  pursuant  to the provisions of the  eminent domain procedure law, or otherwise, real or personal property or  any interest therein, including but  not  limited  to  air  rights,  and  easements or other rights of user, necessary for the use and development  of  such  air  rights,  to  be  developed  as  air  rights sites for the  elimination of the blighting influences over an area or areas consisting  principally of land in  streets,  alleys,  highways,  and  other  public  rights  of way, railway or subway tracks, bridge or tunnel approaches or  entrances, or other similar facilities which have a blighting  influence  on  the  surrounding  area  and  over  which  air rights sites are to be  developed for the elimination of such  blighting  influences,  provided,  however,  that  the  acquisition of any air rights over railroad tracks,  rights-of-way or facilities  and  easements  or  other  rights  of  user  necessary  for  the  use  and  development  of such air rights are to be  subject to the provisions of section fifty-one-a of  the  railroad  law;  (7)  to  appoint officers, agents and employees, prescribe their duties,  fix their compensation and delegate to one or  more  of  such  officers,  agents  or  employees  such  powers or duties as it may deem proper; (8)  with the consent of the  municipality  to  use  agents,  employees,  and  facilities  of  the  municipality, paying to the municipality its agreed  proportion of the compensation or costs; (9) to insure  or  provide  for  the  insurance of its property or operations as required by law and also  against such other risks as it may deem advisable; (10)  to  invest  any  moneys  held  in reserve or sinking funds or any moneys not required for  immediate use or  disbursement  at  the  discretion  of  the  agency  in  obligations  of the state or the United States government or obligations  of which the principal and interest are guaranteed by the state  or  the  United  States government; (11) to cooperate with the federal government  and  apply  for  and  accept   advances,   loans,   grants,   subsidies,  contributions  and  any  other  form  of  financial  assistance from the  federal government, or from the state,  county,  municipality  or  other  public  body  or from any sources public or private, for the purposes of  this article and article fifteen of  this  chapter;  and  to  give  such  security as may be required and to enter into and carry out contracts or  agreements   in   connection  therewith;  provided,  however,  that  any  application for a loan, subsidy or grant to the  federal  government  or  the  state shall be subject to the prior approval of the governing body;  and to include in any contract for financial assistance with the federal  government for or with respect to an  urban  renewal  project,  or  with  respect to any other program authorized under the federal housing act of  nineteen  hundred  forty-nine, and all other federal laws amendatory and  supplemental thereto, such conditions imposed pursuant to  federal  laws  as  the  agency  may  deem  reasonable and appropriate and which are not  inconsistent with the purposes of this article  or  article  fifteen  of  this  chapter.  Such  conditions may include but shall not be limited to  (a) provisions requiring payments  of  not  less  than  certain  minimumsalaries  and  wages  to  architects,  engineers, technicians, laborers,  mechanics and other personnel; (b) provisions  prohibiting  rebates  and  kickbacks;  and  (c) provisions requiring contractors and subcontractors  to  furnish  reports  and  other  data  to  the  secretary of labor; (d)  provisions requiring payment of actual  reasonable  moving  and  related  expenses   as   well   as   supplemental  and  additional  payments,  to  individuals, families, business concerns or non-profit organizations due  to displacement, so that disproportionate injuries are not suffered as a  result of such program, as may be required by and pursuant to a  federal  financial  assistance  contract.  (12) to apply for and accept the local  grants-in-aid  required  under  such  federal  laws,  in  the  form   of  appropriations,  cash,  municipal  services and facilities, or any other  form; (13) to borrow money and issue bonds or other obligations; (14) to  provide  for  demolition  and  clearance  of  property,  improvement  of  property, or development and use of air rights and concomitant easements  or  other  rights  of user necessary for the use and development of such  air rights and air rights sites, including the remedying  of  unsuitable  topographical,   subsoil  or  other  physical  conditions  which  impede  development  within  the  urban  renewal  area,  and   construction   of  foundations  and  platforms  as well as other necessary sitework, by the  agency or by the municipality or by the persons, firm or corporation  to  whom such property, air rights and easements or air rights site, is sold  or  leased,  provided,  however,  that  any  such work upon or affecting  railroad property, right-of-way or facilities shall be  subject  to  the  approval  of  and joint supervision by the railroad company or companies  affected. No work upon or affecting railroad property,  right-of-way  or  facilities  shall  be  progressed  without  the approval of the railroad  company or companies, and in connection with all such projects  upon  or  affecting  railroad  property,  right-of-way  or  facilities appropriate  standards for safety of operations, ventilation and  lighting  shall  be  subject  to  the approval of the railroad company or companies affected;  (15) to develop, test and report methods and techniques  and  carry  out  demonstration  and other activities in relation to or in connection with  one or more programs of urban renewal or other programs relating to  the  arrest  and  prevention  of  conditions  of  deterioration or blight. In  carrying out such demonstration  and  other  activities  an  agency  may  itself  reconstruct, repair, rehabilitate or otherwise improve such real  property or may sell, lease or otherwise dispose of real  property,  for  the  effectuation  of  such  activities  or purposes by the purchaser or  lessee thereof, pursuant to  the  provisions  of  section  five  hundred  fifty-six  of  this  article;  (16) to prepare or cause to be prepared a  general neighborhood renewal plan for an area  consisting  of  an  urban  renewal  area  or  areas,  together  with  any  adjoining  areas  having  specially related problems, and which is of such size that urban renewal  activities may have to be initiated in stages; (17) to prepare or  cause  to  be prepared a community-wide plan or program for urban renewal which  shall conform to the comprehensive community plan for the development of  the  municipality  as  a  whole;  (18)  to  conduct   examinations   and  investigations,  hear  testimony and take proof, under oath at public or  private hearings on any material matters. (19) to convey, assign,  grant  or  otherwise transfer all of its right, title and interest in any urban  renewal program, or part thereof, or any right, title or interest in  or  to  any  real  or  personal  property, contract, claim or other interest  acquired or held by it in connection with such program, or part thereof,  with or without consideration, to the municipality, subject to the prior  approval of the governing body, upon such terms and conditions as may be  reasonable and appropriate to effectuate such transfer not  inconsistent  with  the purposes of this article or article fifteen of this chapter orany contract for financial assistance from the  federal  government,  or  from  the  state  or  other public body, for any of the purposes of such  articles or either of them.

State Codes and Statutes

Statutes > New-york > Gmu > Article-15-a > 554

§  554.  Powers  of  an  agency.  Subject to the provisions of article  fifteen of this chapter, an agency is authorized to plan  and  undertake  one  or  more urban renewal projects and shall have the powers necessary  or convenient to carry out and effectuate such project or  projects  and  the  purposes and provisions of this article and article fifteen of this  chapter, including but not limited to the following powers: (1)  to  sue  and  be  sued; (2) to have a seal and alter the same at pleasure; (3) to  have perpetual succession; (4) to make and  execute  contracts  and  all  other instruments necessary or convenient for the exercise of its powers  and  functions;  (5)  to make and alter by-laws for its organization and  internal management; (6) to acquire or  contract  to  acquire  from  any  person, firm, corporation or government, by subsidy, contribution, gift,  grant,  bequest,  devise,  purchase,  pursuant  to the provisions of the  eminent domain procedure law, or otherwise, real or personal property or  any interest therein, including but  not  limited  to  air  rights,  and  easements or other rights of user, necessary for the use and development  of  such  air  rights,  to  be  developed  as  air  rights sites for the  elimination of the blighting influences over an area or areas consisting  principally of land in  streets,  alleys,  highways,  and  other  public  rights  of way, railway or subway tracks, bridge or tunnel approaches or  entrances, or other similar facilities which have a blighting  influence  on  the  surrounding  area  and  over  which  air rights sites are to be  developed for the elimination of such  blighting  influences,  provided,  however,  that  the  acquisition of any air rights over railroad tracks,  rights-of-way or facilities  and  easements  or  other  rights  of  user  necessary  for  the  use  and  development  of such air rights are to be  subject to the provisions of section fifty-one-a of  the  railroad  law;  (7)  to  appoint officers, agents and employees, prescribe their duties,  fix their compensation and delegate to one or  more  of  such  officers,  agents  or  employees  such  powers or duties as it may deem proper; (8)  with the consent of the  municipality  to  use  agents,  employees,  and  facilities  of  the  municipality, paying to the municipality its agreed  proportion of the compensation or costs; (9) to insure  or  provide  for  the  insurance of its property or operations as required by law and also  against such other risks as it may deem advisable; (10)  to  invest  any  moneys  held  in reserve or sinking funds or any moneys not required for  immediate use or  disbursement  at  the  discretion  of  the  agency  in  obligations  of the state or the United States government or obligations  of which the principal and interest are guaranteed by the state  or  the  United  States government; (11) to cooperate with the federal government  and  apply  for  and  accept   advances,   loans,   grants,   subsidies,  contributions  and  any  other  form  of  financial  assistance from the  federal government, or from the state,  county,  municipality  or  other  public  body  or from any sources public or private, for the purposes of  this article and article fifteen of  this  chapter;  and  to  give  such  security as may be required and to enter into and carry out contracts or  agreements   in   connection  therewith;  provided,  however,  that  any  application for a loan, subsidy or grant to the  federal  government  or  the  state shall be subject to the prior approval of the governing body;  and to include in any contract for financial assistance with the federal  government for or with respect to an  urban  renewal  project,  or  with  respect to any other program authorized under the federal housing act of  nineteen  hundred  forty-nine, and all other federal laws amendatory and  supplemental thereto, such conditions imposed pursuant to  federal  laws  as  the  agency  may  deem  reasonable and appropriate and which are not  inconsistent with the purposes of this article  or  article  fifteen  of  this  chapter.  Such  conditions may include but shall not be limited to  (a) provisions requiring payments  of  not  less  than  certain  minimumsalaries  and  wages  to  architects,  engineers, technicians, laborers,  mechanics and other personnel; (b) provisions  prohibiting  rebates  and  kickbacks;  and  (c) provisions requiring contractors and subcontractors  to  furnish  reports  and  other  data  to  the  secretary of labor; (d)  provisions requiring payment of actual  reasonable  moving  and  related  expenses   as   well   as   supplemental  and  additional  payments,  to  individuals, families, business concerns or non-profit organizations due  to displacement, so that disproportionate injuries are not suffered as a  result of such program, as may be required by and pursuant to a  federal  financial  assistance  contract.  (12) to apply for and accept the local  grants-in-aid  required  under  such  federal  laws,  in  the  form   of  appropriations,  cash,  municipal  services and facilities, or any other  form; (13) to borrow money and issue bonds or other obligations; (14) to  provide  for  demolition  and  clearance  of  property,  improvement  of  property, or development and use of air rights and concomitant easements  or  other  rights  of user necessary for the use and development of such  air rights and air rights sites, including the remedying  of  unsuitable  topographical,   subsoil  or  other  physical  conditions  which  impede  development  within  the  urban  renewal  area,  and   construction   of  foundations  and  platforms  as well as other necessary sitework, by the  agency or by the municipality or by the persons, firm or corporation  to  whom such property, air rights and easements or air rights site, is sold  or  leased,  provided,  however,  that  any  such work upon or affecting  railroad property, right-of-way or facilities shall be  subject  to  the  approval  of  and joint supervision by the railroad company or companies  affected. No work upon or affecting railroad property,  right-of-way  or  facilities  shall  be  progressed  without  the approval of the railroad  company or companies, and in connection with all such projects  upon  or  affecting  railroad  property,  right-of-way  or  facilities appropriate  standards for safety of operations, ventilation and  lighting  shall  be  subject  to  the approval of the railroad company or companies affected;  (15) to develop, test and report methods and techniques  and  carry  out  demonstration  and other activities in relation to or in connection with  one or more programs of urban renewal or other programs relating to  the  arrest  and  prevention  of  conditions  of  deterioration or blight. In  carrying out such demonstration  and  other  activities  an  agency  may  itself  reconstruct, repair, rehabilitate or otherwise improve such real  property or may sell, lease or otherwise dispose of real  property,  for  the  effectuation  of  such  activities  or purposes by the purchaser or  lessee thereof, pursuant to  the  provisions  of  section  five  hundred  fifty-six  of  this  article;  (16) to prepare or cause to be prepared a  general neighborhood renewal plan for an area  consisting  of  an  urban  renewal  area  or  areas,  together  with  any  adjoining  areas  having  specially related problems, and which is of such size that urban renewal  activities may have to be initiated in stages; (17) to prepare or  cause  to  be prepared a community-wide plan or program for urban renewal which  shall conform to the comprehensive community plan for the development of  the  municipality  as  a  whole;  (18)  to  conduct   examinations   and  investigations,  hear  testimony and take proof, under oath at public or  private hearings on any material matters. (19) to convey, assign,  grant  or  otherwise transfer all of its right, title and interest in any urban  renewal program, or part thereof, or any right, title or interest in  or  to  any  real  or  personal  property, contract, claim or other interest  acquired or held by it in connection with such program, or part thereof,  with or without consideration, to the municipality, subject to the prior  approval of the governing body, upon such terms and conditions as may be  reasonable and appropriate to effectuate such transfer not  inconsistent  with  the purposes of this article or article fifteen of this chapter orany contract for financial assistance from the  federal  government,  or  from  the  state  or  other public body, for any of the purposes of such  articles or either of them.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-15-a > 554

§  554.  Powers  of  an  agency.  Subject to the provisions of article  fifteen of this chapter, an agency is authorized to plan  and  undertake  one  or  more urban renewal projects and shall have the powers necessary  or convenient to carry out and effectuate such project or  projects  and  the  purposes and provisions of this article and article fifteen of this  chapter, including but not limited to the following powers: (1)  to  sue  and  be  sued; (2) to have a seal and alter the same at pleasure; (3) to  have perpetual succession; (4) to make and  execute  contracts  and  all  other instruments necessary or convenient for the exercise of its powers  and  functions;  (5)  to make and alter by-laws for its organization and  internal management; (6) to acquire or  contract  to  acquire  from  any  person, firm, corporation or government, by subsidy, contribution, gift,  grant,  bequest,  devise,  purchase,  pursuant  to the provisions of the  eminent domain procedure law, or otherwise, real or personal property or  any interest therein, including but  not  limited  to  air  rights,  and  easements or other rights of user, necessary for the use and development  of  such  air  rights,  to  be  developed  as  air  rights sites for the  elimination of the blighting influences over an area or areas consisting  principally of land in  streets,  alleys,  highways,  and  other  public  rights  of way, railway or subway tracks, bridge or tunnel approaches or  entrances, or other similar facilities which have a blighting  influence  on  the  surrounding  area  and  over  which  air rights sites are to be  developed for the elimination of such  blighting  influences,  provided,  however,  that  the  acquisition of any air rights over railroad tracks,  rights-of-way or facilities  and  easements  or  other  rights  of  user  necessary  for  the  use  and  development  of such air rights are to be  subject to the provisions of section fifty-one-a of  the  railroad  law;  (7)  to  appoint officers, agents and employees, prescribe their duties,  fix their compensation and delegate to one or  more  of  such  officers,  agents  or  employees  such  powers or duties as it may deem proper; (8)  with the consent of the  municipality  to  use  agents,  employees,  and  facilities  of  the  municipality, paying to the municipality its agreed  proportion of the compensation or costs; (9) to insure  or  provide  for  the  insurance of its property or operations as required by law and also  against such other risks as it may deem advisable; (10)  to  invest  any  moneys  held  in reserve or sinking funds or any moneys not required for  immediate use or  disbursement  at  the  discretion  of  the  agency  in  obligations  of the state or the United States government or obligations  of which the principal and interest are guaranteed by the state  or  the  United  States government; (11) to cooperate with the federal government  and  apply  for  and  accept   advances,   loans,   grants,   subsidies,  contributions  and  any  other  form  of  financial  assistance from the  federal government, or from the state,  county,  municipality  or  other  public  body  or from any sources public or private, for the purposes of  this article and article fifteen of  this  chapter;  and  to  give  such  security as may be required and to enter into and carry out contracts or  agreements   in   connection  therewith;  provided,  however,  that  any  application for a loan, subsidy or grant to the  federal  government  or  the  state shall be subject to the prior approval of the governing body;  and to include in any contract for financial assistance with the federal  government for or with respect to an  urban  renewal  project,  or  with  respect to any other program authorized under the federal housing act of  nineteen  hundred  forty-nine, and all other federal laws amendatory and  supplemental thereto, such conditions imposed pursuant to  federal  laws  as  the  agency  may  deem  reasonable and appropriate and which are not  inconsistent with the purposes of this article  or  article  fifteen  of  this  chapter.  Such  conditions may include but shall not be limited to  (a) provisions requiring payments  of  not  less  than  certain  minimumsalaries  and  wages  to  architects,  engineers, technicians, laborers,  mechanics and other personnel; (b) provisions  prohibiting  rebates  and  kickbacks;  and  (c) provisions requiring contractors and subcontractors  to  furnish  reports  and  other  data  to  the  secretary of labor; (d)  provisions requiring payment of actual  reasonable  moving  and  related  expenses   as   well   as   supplemental  and  additional  payments,  to  individuals, families, business concerns or non-profit organizations due  to displacement, so that disproportionate injuries are not suffered as a  result of such program, as may be required by and pursuant to a  federal  financial  assistance  contract.  (12) to apply for and accept the local  grants-in-aid  required  under  such  federal  laws,  in  the  form   of  appropriations,  cash,  municipal  services and facilities, or any other  form; (13) to borrow money and issue bonds or other obligations; (14) to  provide  for  demolition  and  clearance  of  property,  improvement  of  property, or development and use of air rights and concomitant easements  or  other  rights  of user necessary for the use and development of such  air rights and air rights sites, including the remedying  of  unsuitable  topographical,   subsoil  or  other  physical  conditions  which  impede  development  within  the  urban  renewal  area,  and   construction   of  foundations  and  platforms  as well as other necessary sitework, by the  agency or by the municipality or by the persons, firm or corporation  to  whom such property, air rights and easements or air rights site, is sold  or  leased,  provided,  however,  that  any  such work upon or affecting  railroad property, right-of-way or facilities shall be  subject  to  the  approval  of  and joint supervision by the railroad company or companies  affected. No work upon or affecting railroad property,  right-of-way  or  facilities  shall  be  progressed  without  the approval of the railroad  company or companies, and in connection with all such projects  upon  or  affecting  railroad  property,  right-of-way  or  facilities appropriate  standards for safety of operations, ventilation and  lighting  shall  be  subject  to  the approval of the railroad company or companies affected;  (15) to develop, test and report methods and techniques  and  carry  out  demonstration  and other activities in relation to or in connection with  one or more programs of urban renewal or other programs relating to  the  arrest  and  prevention  of  conditions  of  deterioration or blight. In  carrying out such demonstration  and  other  activities  an  agency  may  itself  reconstruct, repair, rehabilitate or otherwise improve such real  property or may sell, lease or otherwise dispose of real  property,  for  the  effectuation  of  such  activities  or purposes by the purchaser or  lessee thereof, pursuant to  the  provisions  of  section  five  hundred  fifty-six  of  this  article;  (16) to prepare or cause to be prepared a  general neighborhood renewal plan for an area  consisting  of  an  urban  renewal  area  or  areas,  together  with  any  adjoining  areas  having  specially related problems, and which is of such size that urban renewal  activities may have to be initiated in stages; (17) to prepare or  cause  to  be prepared a community-wide plan or program for urban renewal which  shall conform to the comprehensive community plan for the development of  the  municipality  as  a  whole;  (18)  to  conduct   examinations   and  investigations,  hear  testimony and take proof, under oath at public or  private hearings on any material matters. (19) to convey, assign,  grant  or  otherwise transfer all of its right, title and interest in any urban  renewal program, or part thereof, or any right, title or interest in  or  to  any  real  or  personal  property, contract, claim or other interest  acquired or held by it in connection with such program, or part thereof,  with or without consideration, to the municipality, subject to the prior  approval of the governing body, upon such terms and conditions as may be  reasonable and appropriate to effectuate such transfer not  inconsistent  with  the purposes of this article or article fifteen of this chapter orany contract for financial assistance from the  federal  government,  or  from  the  state  or  other public body, for any of the purposes of such  articles or either of them.