State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-1 > 3654

§  3654.  General powers of the authority. Except as otherwise limited  by this title, the authority shall have the following powers in addition  to those specially conferred elsewhere in this title,  subject  only  to  agreements with bondholders:    1. to sue and be sued;    2. to have a seal and alter the same at pleasure;    3.  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 fulfillment of its  purposes under this title;    4. to  make  and  execute  contracts  and  all  other  instruments  or  agreements necessary or convenient to carry out any powers and functions  expressly given in this title;    5.  to  commence  any action to protect or enforce any right conferred  upon it by any law, contract or other agreement;    6. to borrow money and issue bonds, or to  refund  the  same,  and  to  provide for the rights of the holders of its bonds;    7. as security for the payment of the principal of and interest on any  bonds  issued  by  it  pursuant to this title and any agreements made in  connection therewith and for its obligations under bond  facilities,  to  pledge all or any part of its revenues or assets;    8. to procure insurance, letters of credit or other credit enhancement  with  respect  to its bonds, or facilities for the payment of tenders of  such bonds or facilities for the payment  upon  maturity  of  short-term  notes not renewed;    9.  to  enter into interest rate exchange or similar arrangements with  any person  under  such  terms  and  conditions  as  the  authority  may  determine,  not  inconsistent  with  the  general laws of this state and  other  provisions  of  this  title,   including,   without   limitation,  provisions as to default or early termination and indemnification by the  authority  or  any  other party thereto for loss of benefits as a result  thereof; provided, however, that such exchanges or similar  arrangements  shall   be  limited  to  fifty  percent  of  the  amount  authorized  in  subdivision one of section thirty-six hundred fifty-six of this  article  to  pay  the financeable costs described in paragraph (a) of subdivision  eleven of section thirty-six hundred fifty-one of this article;    10.  to  procure  insurance,  letters  of  credit  or   other   credit  enhancement  with  respect to arrangements described in subdivision nine  of this section;    11. to accept gifts,  grants,  loans  or  contributions  of  funds  or  financial  or  other  aid  in any form from the county, state or federal  government or any agency or instrumentality thereof, or from  any  other  source  and  to expend the proceeds for any of its corporate purposes in  accordance with the provisions of this title;    12. subject to the provisions of any  contract  with  bondholders,  to  invest  any  funds  held  in reserves or sinking funds, or any funds not  required for immediate use or disbursement, at  the  discretion  of  the  authority,  in  (a)  obligations  of  the  state  or  the  United States  government, (b) obligations the principal  and  interest  of  which  are  guaranteed   by   the   state  or  the  United  States  government,  (c)  certificates of  deposit,  whether  negotiable  or  non-negotiable,  and  banker's  acceptances  of  any  of the fifty largest banks in the United  States which bank,  at  the  time  of  investment,  has  an  outstanding  unsecured, uninsured and unguaranteed debt issue ranked in either of the  two  highest  rating categories of two nationally recognized independent  rating agencies, (d) commercial paper of any bank or corporation created  under the laws of either the United States or any state  of  the  United  States  which  commercial  paper,  at  the  time  of the investment, hasreceived the highest rating of  two  nationally  recognized  independent  rating   agencies,   (e)   bonds,  debentures,  or  other  evidences  of  indebtedness, issued or guaranteed at the time of the investment by  the  federal  national  mortgage  association,  federal  home  loan  mortgage  corporation, student loan marketing  association,  federal  farm  credit  system, or any other United States government sponsored agency, provided  that  at  the  time  of  the  investment  such  agency  receives, or its  obligations receive, any of the three highest rating categories  of  two  nationally  recognized  independent  rating  agencies,  (f) any bonds or  other obligations of any state or the United States of America or of any  political subdivision thereof or any agency,  instrumentality  or  local  governmental unit of any such state or political subdivision which bonds  or  other  obligations, at the time of the investment, have received any  of the three highest ratings of two  nationally  recognized  independent  rating  agencies,  (g)  any  repurchase agreement with any bank or trust  company organized under the laws of any state of the  United  States  of  America  or  any  national banking association or government bond dealer  reporting to, trading with, and recognized as a primary  dealer  by  the  Federal  Reserve Bank of New York, which agreement is secured by any one  or more of the securities described in paragraph (a), (b) or (e) of this  subdivision which securities shall at all times have a market  value  of  not  less  than  the  full  amount  of  the  repurchase agreement and be  delivered to another bank or trust company organized under the  laws  of  New York State or any national banking association domiciled in New York  State, as custodian, and (h) reverse repurchase agreements with any bank  or  trust  company  organized  under the laws of any state of the United  States of America or any national banking association or government bond  dealer reporting to, trading with, and recognized as a primary dealer by  the Federal Reserve Bank of New York, which agreement is secured by  any  one  or more of the securities described in paragraph (a), (b) or (e) of  this subdivision which securities shall at all times have a market value  of not less than the full amount of  the  repurchase  agreement  and  be  delivered  to  another bank or trust company organized under the laws of  New York State or any national banking association domiciled in New York  State, as custodian.    13. to appoint such officers and employees as it may require  for  the  performance of its duties and to fix and determine their qualifications,  duties,  and compensation, and to retain or employ counsel, auditors and  private financial consultants and other services on a contract basis  or  otherwise for rendering professional, business or technical services and  advice;  and,  in  taking such actions, the authority shall consider the  financial impact on the county; and    14. to do any and all things necessary or convenient to carry out  its  purposes  and  exercise  the  powers expressly given and granted in this  title; provided, however, such authority shall  under  no  circumstances  acquire,   hold  or  transfer  title  to,  lease,  own  beneficially  or  otherwise, manage, operate or otherwise exercise control over  any  real  property, any improvement to real property or any interest therein other  than  a  lease or sublease of office space deemed necessary or desirable  by the authority.

State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-1 > 3654

§  3654.  General powers of the authority. Except as otherwise limited  by this title, the authority shall have the following powers in addition  to those specially conferred elsewhere in this title,  subject  only  to  agreements with bondholders:    1. to sue and be sued;    2. to have a seal and alter the same at pleasure;    3.  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 fulfillment of its  purposes under this title;    4. to  make  and  execute  contracts  and  all  other  instruments  or  agreements necessary or convenient to carry out any powers and functions  expressly given in this title;    5.  to  commence  any action to protect or enforce any right conferred  upon it by any law, contract or other agreement;    6. to borrow money and issue bonds, or to  refund  the  same,  and  to  provide for the rights of the holders of its bonds;    7. as security for the payment of the principal of and interest on any  bonds  issued  by  it  pursuant to this title and any agreements made in  connection therewith and for its obligations under bond  facilities,  to  pledge all or any part of its revenues or assets;    8. to procure insurance, letters of credit or other credit enhancement  with  respect  to its bonds, or facilities for the payment of tenders of  such bonds or facilities for the payment  upon  maturity  of  short-term  notes not renewed;    9.  to  enter into interest rate exchange or similar arrangements with  any person  under  such  terms  and  conditions  as  the  authority  may  determine,  not  inconsistent  with  the  general laws of this state and  other  provisions  of  this  title,   including,   without   limitation,  provisions as to default or early termination and indemnification by the  authority  or  any  other party thereto for loss of benefits as a result  thereof; provided, however, that such exchanges or similar  arrangements  shall   be  limited  to  fifty  percent  of  the  amount  authorized  in  subdivision one of section thirty-six hundred fifty-six of this  article  to  pay  the financeable costs described in paragraph (a) of subdivision  eleven of section thirty-six hundred fifty-one of this article;    10.  to  procure  insurance,  letters  of  credit  or   other   credit  enhancement  with  respect to arrangements described in subdivision nine  of this section;    11. to accept gifts,  grants,  loans  or  contributions  of  funds  or  financial  or  other  aid  in any form from the county, state or federal  government or any agency or instrumentality thereof, or from  any  other  source  and  to expend the proceeds for any of its corporate purposes in  accordance with the provisions of this title;    12. subject to the provisions of any  contract  with  bondholders,  to  invest  any  funds  held  in reserves or sinking funds, or any funds not  required for immediate use or disbursement, at  the  discretion  of  the  authority,  in  (a)  obligations  of  the  state  or  the  United States  government, (b) obligations the principal  and  interest  of  which  are  guaranteed   by   the   state  or  the  United  States  government,  (c)  certificates of  deposit,  whether  negotiable  or  non-negotiable,  and  banker's  acceptances  of  any  of the fifty largest banks in the United  States which bank,  at  the  time  of  investment,  has  an  outstanding  unsecured, uninsured and unguaranteed debt issue ranked in either of the  two  highest  rating categories of two nationally recognized independent  rating agencies, (d) commercial paper of any bank or corporation created  under the laws of either the United States or any state  of  the  United  States  which  commercial  paper,  at  the  time  of the investment, hasreceived the highest rating of  two  nationally  recognized  independent  rating   agencies,   (e)   bonds,  debentures,  or  other  evidences  of  indebtedness, issued or guaranteed at the time of the investment by  the  federal  national  mortgage  association,  federal  home  loan  mortgage  corporation, student loan marketing  association,  federal  farm  credit  system, or any other United States government sponsored agency, provided  that  at  the  time  of  the  investment  such  agency  receives, or its  obligations receive, any of the three highest rating categories  of  two  nationally  recognized  independent  rating  agencies,  (f) any bonds or  other obligations of any state or the United States of America or of any  political subdivision thereof or any agency,  instrumentality  or  local  governmental unit of any such state or political subdivision which bonds  or  other  obligations, at the time of the investment, have received any  of the three highest ratings of two  nationally  recognized  independent  rating  agencies,  (g)  any  repurchase agreement with any bank or trust  company organized under the laws of any state of the  United  States  of  America  or  any  national banking association or government bond dealer  reporting to, trading with, and recognized as a primary  dealer  by  the  Federal  Reserve Bank of New York, which agreement is secured by any one  or more of the securities described in paragraph (a), (b) or (e) of this  subdivision which securities shall at all times have a market  value  of  not  less  than  the  full  amount  of  the  repurchase agreement and be  delivered to another bank or trust company organized under the  laws  of  New York State or any national banking association domiciled in New York  State, as custodian, and (h) reverse repurchase agreements with any bank  or  trust  company  organized  under the laws of any state of the United  States of America or any national banking association or government bond  dealer reporting to, trading with, and recognized as a primary dealer by  the Federal Reserve Bank of New York, which agreement is secured by  any  one  or more of the securities described in paragraph (a), (b) or (e) of  this subdivision which securities shall at all times have a market value  of not less than the full amount of  the  repurchase  agreement  and  be  delivered  to  another bank or trust company organized under the laws of  New York State or any national banking association domiciled in New York  State, as custodian.    13. to appoint such officers and employees as it may require  for  the  performance of its duties and to fix and determine their qualifications,  duties,  and compensation, and to retain or employ counsel, auditors and  private financial consultants and other services on a contract basis  or  otherwise for rendering professional, business or technical services and  advice;  and,  in  taking such actions, the authority shall consider the  financial impact on the county; and    14. to do any and all things necessary or convenient to carry out  its  purposes  and  exercise  the  powers expressly given and granted in this  title; provided, however, such authority shall  under  no  circumstances  acquire,   hold  or  transfer  title  to,  lease,  own  beneficially  or  otherwise, manage, operate or otherwise exercise control over  any  real  property, any improvement to real property or any interest therein other  than  a  lease or sublease of office space deemed necessary or desirable  by the authority.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-1 > 3654

§  3654.  General powers of the authority. Except as otherwise limited  by this title, the authority shall have the following powers in addition  to those specially conferred elsewhere in this title,  subject  only  to  agreements with bondholders:    1. to sue and be sued;    2. to have a seal and alter the same at pleasure;    3.  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 fulfillment of its  purposes under this title;    4. to  make  and  execute  contracts  and  all  other  instruments  or  agreements necessary or convenient to carry out any powers and functions  expressly given in this title;    5.  to  commence  any action to protect or enforce any right conferred  upon it by any law, contract or other agreement;    6. to borrow money and issue bonds, or to  refund  the  same,  and  to  provide for the rights of the holders of its bonds;    7. as security for the payment of the principal of and interest on any  bonds  issued  by  it  pursuant to this title and any agreements made in  connection therewith and for its obligations under bond  facilities,  to  pledge all or any part of its revenues or assets;    8. to procure insurance, letters of credit or other credit enhancement  with  respect  to its bonds, or facilities for the payment of tenders of  such bonds or facilities for the payment  upon  maturity  of  short-term  notes not renewed;    9.  to  enter into interest rate exchange or similar arrangements with  any person  under  such  terms  and  conditions  as  the  authority  may  determine,  not  inconsistent  with  the  general laws of this state and  other  provisions  of  this  title,   including,   without   limitation,  provisions as to default or early termination and indemnification by the  authority  or  any  other party thereto for loss of benefits as a result  thereof; provided, however, that such exchanges or similar  arrangements  shall   be  limited  to  fifty  percent  of  the  amount  authorized  in  subdivision one of section thirty-six hundred fifty-six of this  article  to  pay  the financeable costs described in paragraph (a) of subdivision  eleven of section thirty-six hundred fifty-one of this article;    10.  to  procure  insurance,  letters  of  credit  or   other   credit  enhancement  with  respect to arrangements described in subdivision nine  of this section;    11. to accept gifts,  grants,  loans  or  contributions  of  funds  or  financial  or  other  aid  in any form from the county, state or federal  government or any agency or instrumentality thereof, or from  any  other  source  and  to expend the proceeds for any of its corporate purposes in  accordance with the provisions of this title;    12. subject to the provisions of any  contract  with  bondholders,  to  invest  any  funds  held  in reserves or sinking funds, or any funds not  required for immediate use or disbursement, at  the  discretion  of  the  authority,  in  (a)  obligations  of  the  state  or  the  United States  government, (b) obligations the principal  and  interest  of  which  are  guaranteed   by   the   state  or  the  United  States  government,  (c)  certificates of  deposit,  whether  negotiable  or  non-negotiable,  and  banker's  acceptances  of  any  of the fifty largest banks in the United  States which bank,  at  the  time  of  investment,  has  an  outstanding  unsecured, uninsured and unguaranteed debt issue ranked in either of the  two  highest  rating categories of two nationally recognized independent  rating agencies, (d) commercial paper of any bank or corporation created  under the laws of either the United States or any state  of  the  United  States  which  commercial  paper,  at  the  time  of the investment, hasreceived the highest rating of  two  nationally  recognized  independent  rating   agencies,   (e)   bonds,  debentures,  or  other  evidences  of  indebtedness, issued or guaranteed at the time of the investment by  the  federal  national  mortgage  association,  federal  home  loan  mortgage  corporation, student loan marketing  association,  federal  farm  credit  system, or any other United States government sponsored agency, provided  that  at  the  time  of  the  investment  such  agency  receives, or its  obligations receive, any of the three highest rating categories  of  two  nationally  recognized  independent  rating  agencies,  (f) any bonds or  other obligations of any state or the United States of America or of any  political subdivision thereof or any agency,  instrumentality  or  local  governmental unit of any such state or political subdivision which bonds  or  other  obligations, at the time of the investment, have received any  of the three highest ratings of two  nationally  recognized  independent  rating  agencies,  (g)  any  repurchase agreement with any bank or trust  company organized under the laws of any state of the  United  States  of  America  or  any  national banking association or government bond dealer  reporting to, trading with, and recognized as a primary  dealer  by  the  Federal  Reserve Bank of New York, which agreement is secured by any one  or more of the securities described in paragraph (a), (b) or (e) of this  subdivision which securities shall at all times have a market  value  of  not  less  than  the  full  amount  of  the  repurchase agreement and be  delivered to another bank or trust company organized under the  laws  of  New York State or any national banking association domiciled in New York  State, as custodian, and (h) reverse repurchase agreements with any bank  or  trust  company  organized  under the laws of any state of the United  States of America or any national banking association or government bond  dealer reporting to, trading with, and recognized as a primary dealer by  the Federal Reserve Bank of New York, which agreement is secured by  any  one  or more of the securities described in paragraph (a), (b) or (e) of  this subdivision which securities shall at all times have a market value  of not less than the full amount of  the  repurchase  agreement  and  be  delivered  to  another bank or trust company organized under the laws of  New York State or any national banking association domiciled in New York  State, as custodian.    13. to appoint such officers and employees as it may require  for  the  performance of its duties and to fix and determine their qualifications,  duties,  and compensation, and to retain or employ counsel, auditors and  private financial consultants and other services on a contract basis  or  otherwise for rendering professional, business or technical services and  advice;  and,  in  taking such actions, the authority shall consider the  financial impact on the county; and    14. to do any and all things necessary or convenient to carry out  its  purposes  and  exercise  the  powers expressly given and granted in this  title; provided, however, such authority shall  under  no  circumstances  acquire,   hold  or  transfer  title  to,  lease,  own  beneficially  or  otherwise, manage, operate or otherwise exercise control over  any  real  property, any improvement to real property or any interest therein other  than  a  lease or sublease of office space deemed necessary or desirable  by the authority.