State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-c > 2680-d

§ 2680-d. Powers of the authority. The authority shall have the power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. 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;    4. To acquire, lease as lessee, hold and use by purchase, gift, grant,  transfer, contract or  lease  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.  Any  sale  of  real  property shall be approved by the county legislature. In connection with  the  acquisition  of  any  such  property,  the authority may assume any  obligations of the owner of such property and, to the extent required by  the terms of any  indentures  or  other  instruments  under  which  such  obligations  were  issued, the authority may assume and agree to perform  covenants and observe the restrictions contained  in  such  instruments;  and  furthermore  the  owner  of  the  property  which  the authority is  authorized to acquire is hereby authorized to sell or otherwise transfer  the same to the authority, whereupon the authority shall become  charged  with  the performance of all public duties with respect to such property  with which such owner was charged and such owner shall become discharged  from the performance thereof;    5. To develop, construct, operate, maintain, manage  or  contract  for  the  development,  construction, operation, maintenance or management of  appropriate sports, recreational or cultural facilities and to allow the  use of such facilities by athletic teams for  the  conduct  of  athletic  events  and  activities  related  thereto  and, in its discretion, other  organized public use and to allow the use  of  such  facilities  by  the  residents  of  the county and its school districts for the organized use  of its students, subject only to general  rules  for  the  use  of  such  sports,  recreation  or  cultural  facilities  and reasonable scheduling  requirements; to contract for  the  operation  and  maintenance  of  the  sports,  recreation  or  cultural facility under its jurisdiction or for  services to be performed in connection  therewith;  and  to  rent  parts  thereof and to grant concessions, all on such terms and conditions as it  may determine;    6.  To  lease  the project of the authority to the county or any other  municipality in the county, or any instrumentality  thereof,  upon  such  terms  and  conditions  as  shall  be  determined  by the authority, the  county, the municipality or such instrumentality, as the case may be;    7. 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;    8.  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;    9.  To  obtain  approval  and  permission  prior  to  acquisition  and  construction  from  the  county  planning  board  and   the   applicable  municipality  affected  by  a project under consideration, such approval  and permission is required prior to project commencement;    10. To enter upon such lands 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;11. 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  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;    12. To enter  into  cooperative  agreements  with  other  authorities,  municipalities,  district  corporations,  individuals  or  corporations,  within or without the county,  for  any  lawful  purposes  necessary  or  desirable  to  effect  the  purposes  of  this title upon such terms and  conditions as shall be determined to be reasonable;    13. To make bylaws and rules for the management and regulation of  its  affairs and for the regulation of any project 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. A copy of such bylaws and rules, and all amendments thereto,  duly  certified  by the secretary of the authority shall be filed in the  office of the  county  clerk  of  the  county  and  shall  be  published  thereafter  once  in each of two newspapers having a general circulation  in the county;    14. To fix rates and collect charges for the use of the project so  as  to  provide  revenues  sufficient at all times to pay, as the same shall  become due, the expense of operating and maintaining the project of  the  authority  together  with proper reserves for maintenance, contingencies  and all other obligations and indebtedness of the authority;    15.  With  the  consent  of  the  chief  executive  officers  of   the  municipalities within the service area, to use officers and employees of  such municipalities and to pay a proper portion of compensation or costs  for the services of such officers or employees;    16.  To  establish,  fix, revise, charge, collect and enforce fees and  charges for the use of such facilities so as to provide revenues  which,  together  with  other  earnings  of  the  sports, recreation or cultural  facilities, if any, as  the  same  shall  become  due,  the  expense  of  operating  and  maintaining  the sports, recreation or cultural facility  together with proper reserves for  maintenance,  contingencies  and  all  other obligations and indebtedness of the authority;    17.  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;    18.  To  pledge its revenues and mortgage any or all of its properties  to secure the obligations of the authority; and    19. To  establish  and  maintain  such  reserves,  special  funds  and  accounts,  to  be  held in trust or otherwise, as may be required by any  agreement with bondholders and any municipality.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-c > 2680-d

§ 2680-d. Powers of the authority. The authority shall have the power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. 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;    4. To acquire, lease as lessee, hold and use by purchase, gift, grant,  transfer, contract or  lease  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.  Any  sale  of  real  property shall be approved by the county legislature. In connection with  the  acquisition  of  any  such  property,  the authority may assume any  obligations of the owner of such property and, to the extent required by  the terms of any  indentures  or  other  instruments  under  which  such  obligations  were  issued, the authority may assume and agree to perform  covenants and observe the restrictions contained  in  such  instruments;  and  furthermore  the  owner  of  the  property  which  the authority is  authorized to acquire is hereby authorized to sell or otherwise transfer  the same to the authority, whereupon the authority shall become  charged  with  the performance of all public duties with respect to such property  with which such owner was charged and such owner shall become discharged  from the performance thereof;    5. To develop, construct, operate, maintain, manage  or  contract  for  the  development,  construction, operation, maintenance or management of  appropriate sports, recreational or cultural facilities and to allow the  use of such facilities by athletic teams for  the  conduct  of  athletic  events  and  activities  related  thereto  and, in its discretion, other  organized public use and to allow the use  of  such  facilities  by  the  residents  of  the county and its school districts for the organized use  of its students, subject only to general  rules  for  the  use  of  such  sports,  recreation  or  cultural  facilities  and reasonable scheduling  requirements; to contract for  the  operation  and  maintenance  of  the  sports,  recreation  or  cultural facility under its jurisdiction or for  services to be performed in connection  therewith;  and  to  rent  parts  thereof and to grant concessions, all on such terms and conditions as it  may determine;    6.  To  lease  the project of the authority to the county or any other  municipality in the county, or any instrumentality  thereof,  upon  such  terms  and  conditions  as  shall  be  determined  by the authority, the  county, the municipality or such instrumentality, as the case may be;    7. 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;    8.  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;    9.  To  obtain  approval  and  permission  prior  to  acquisition  and  construction  from  the  county  planning  board  and   the   applicable  municipality  affected  by  a project under consideration, such approval  and permission is required prior to project commencement;    10. To enter upon such lands 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;11. 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  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;    12. To enter  into  cooperative  agreements  with  other  authorities,  municipalities,  district  corporations,  individuals  or  corporations,  within or without the county,  for  any  lawful  purposes  necessary  or  desirable  to  effect  the  purposes  of  this title upon such terms and  conditions as shall be determined to be reasonable;    13. To make bylaws and rules for the management and regulation of  its  affairs and for the regulation of any project 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. A copy of such bylaws and rules, and all amendments thereto,  duly  certified  by the secretary of the authority shall be filed in the  office of the  county  clerk  of  the  county  and  shall  be  published  thereafter  once  in each of two newspapers having a general circulation  in the county;    14. To fix rates and collect charges for the use of the project so  as  to  provide  revenues  sufficient at all times to pay, as the same shall  become due, the expense of operating and maintaining the project of  the  authority  together  with proper reserves for maintenance, contingencies  and all other obligations and indebtedness of the authority;    15.  With  the  consent  of  the  chief  executive  officers  of   the  municipalities within the service area, to use officers and employees of  such municipalities and to pay a proper portion of compensation or costs  for the services of such officers or employees;    16.  To  establish,  fix, revise, charge, collect and enforce fees and  charges for the use of such facilities so as to provide revenues  which,  together  with  other  earnings  of  the  sports, recreation or cultural  facilities, if any, as  the  same  shall  become  due,  the  expense  of  operating  and  maintaining  the sports, recreation or cultural facility  together with proper reserves for  maintenance,  contingencies  and  all  other obligations and indebtedness of the authority;    17.  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;    18.  To  pledge its revenues and mortgage any or all of its properties  to secure the obligations of the authority; and    19. To  establish  and  maintain  such  reserves,  special  funds  and  accounts,  to  be  held in trust or otherwise, as may be required by any  agreement with bondholders and any municipality.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-28-c > 2680-d

§ 2680-d. Powers of the authority. The authority shall have the power:    1. To sue and be sued;    2. To have a seal and alter the same at pleasure;    3. 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;    4. To acquire, lease as lessee, hold and use by purchase, gift, grant,  transfer, contract or  lease  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.  Any  sale  of  real  property shall be approved by the county legislature. In connection with  the  acquisition  of  any  such  property,  the authority may assume any  obligations of the owner of such property and, to the extent required by  the terms of any  indentures  or  other  instruments  under  which  such  obligations  were  issued, the authority may assume and agree to perform  covenants and observe the restrictions contained  in  such  instruments;  and  furthermore  the  owner  of  the  property  which  the authority is  authorized to acquire is hereby authorized to sell or otherwise transfer  the same to the authority, whereupon the authority shall become  charged  with  the performance of all public duties with respect to such property  with which such owner was charged and such owner shall become discharged  from the performance thereof;    5. To develop, construct, operate, maintain, manage  or  contract  for  the  development,  construction, operation, maintenance or management of  appropriate sports, recreational or cultural facilities and to allow the  use of such facilities by athletic teams for  the  conduct  of  athletic  events  and  activities  related  thereto  and, in its discretion, other  organized public use and to allow the use  of  such  facilities  by  the  residents  of  the county and its school districts for the organized use  of its students, subject only to general  rules  for  the  use  of  such  sports,  recreation  or  cultural  facilities  and reasonable scheduling  requirements; to contract for  the  operation  and  maintenance  of  the  sports,  recreation  or  cultural facility under its jurisdiction or for  services to be performed in connection  therewith;  and  to  rent  parts  thereof and to grant concessions, all on such terms and conditions as it  may determine;    6.  To  lease  the project of the authority to the county or any other  municipality in the county, or any instrumentality  thereof,  upon  such  terms  and  conditions  as  shall  be  determined  by the authority, the  county, the municipality or such instrumentality, as the case may be;    7. 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;    8.  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;    9.  To  obtain  approval  and  permission  prior  to  acquisition  and  construction  from  the  county  planning  board  and   the   applicable  municipality  affected  by  a project under consideration, such approval  and permission is required prior to project commencement;    10. To enter upon such lands 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;11. 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  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;    12. To enter  into  cooperative  agreements  with  other  authorities,  municipalities,  district  corporations,  individuals  or  corporations,  within or without the county,  for  any  lawful  purposes  necessary  or  desirable  to  effect  the  purposes  of  this title upon such terms and  conditions as shall be determined to be reasonable;    13. To make bylaws and rules for the management and regulation of  its  affairs and for the regulation of any project 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. A copy of such bylaws and rules, and all amendments thereto,  duly  certified  by the secretary of the authority shall be filed in the  office of the  county  clerk  of  the  county  and  shall  be  published  thereafter  once  in each of two newspapers having a general circulation  in the county;    14. To fix rates and collect charges for the use of the project so  as  to  provide  revenues  sufficient at all times to pay, as the same shall  become due, the expense of operating and maintaining the project of  the  authority  together  with proper reserves for maintenance, contingencies  and all other obligations and indebtedness of the authority;    15.  With  the  consent  of  the  chief  executive  officers  of   the  municipalities within the service area, to use officers and employees of  such municipalities and to pay a proper portion of compensation or costs  for the services of such officers or employees;    16.  To  establish,  fix, revise, charge, collect and enforce fees and  charges for the use of such facilities so as to provide revenues  which,  together  with  other  earnings  of  the  sports, recreation or cultural  facilities, if any, as  the  same  shall  become  due,  the  expense  of  operating  and  maintaining  the sports, recreation or cultural facility  together with proper reserves for  maintenance,  contingencies  and  all  other obligations and indebtedness of the authority;    17.  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;    18.  To  pledge its revenues and mortgage any or all of its properties  to secure the obligations of the authority; and    19. To  establish  and  maintain  such  reserves,  special  funds  and  accounts,  to  be  held in trust or otherwise, as may be required by any  agreement with bondholders and any municipality.