§ 22.07 — Special powers of the trust relating to assisting participating cultural institutions

New York § 22.07

• Jurisdiction: New York
• Law ACA: Arts and Cultural Affairs
• Title E: New York State Cultural Resources Act
• Art. 22: Trust For Cultural Resources of the County of Onondaga

Text

§ 22.07. Special powers of the trust relating to assisting\nparticipating cultural institutions. In addition to such powers as are\nconferred elsewhere in article twenty of this chapter and this article,\nthe trust shall have the following powers which may be exercised, at the\ndiscretion of the board of trustees, solely and exclusively in\nfurtherance of its corporate purposes with or without public auction or\nbidding:\n 1. to undertake surveys of the present and anticipated needs of\nnot-for-profit cultural organizations in the county, including without\nlimitation the need for development of the facilities of such\norganizations, in order to determine whether or not the trust may\neffectively exercise its powers and fulfill its purposes in cooperation\nwith any such organizations;\n 2. to develop facilities for not-for-profit cultural organizations or\ncause such facilities to be developed, in accordance with this article\nand article twenty of this chapter, to acquire in connection therewith\nreal property of a not-for-profit cultural organization, subject to the\nretention or creation by such organization of any future or remainder\ninterests in such property, all of which shall be valid notwithstanding\nany rule against perpetuities, and in connection therewith, to install\nor cause to be installed water, fuel, gas, electrical, telephone,\nheating, air-conditioning and other utility services, including\nappropriate connections;\n 3. to maintain, repair, keep up, manage and operate its real property\nand any facility for a not-for-profit cultural organization or part\nthereof developed by or pursuant to an agreement with it, by means which\nmay include the enforcement of its rules and regulations in the manner\ndescribed in subdivision d of section two hundred two of the\nnot-for-profit corporation law with the same effect as though such\nsubdivision applied to the trust and to such property and facility;\n 4. to offer to convey and to convey all or any part of the\nnon-institutional portion of a facility or any interest therein, and to\ntake any and all actions deemed necessary or appropriate by the trust to\nadvertise, promote, encourage, and effect such conveyances, all future\nor remainder interests created or retained by the trust in connection\ntherewith which shall be valid notwithstanding any rule against\nperpetuities;\n 5. to convey with or without consideration, to a not-for-profit\ncultural organization the institutional portion of a facility developed\nin cooperation with such organization and any real property held by the\ntrust in connection with such development;\n 6. to enter into a partnership, joint venture or other enterprise in\nany capacity deemed by it to be appropriate, for the purpose of\ndeveloping and operating a facility for a not-for-profit cultural\norganization or any part thereof;\n 7. to convey, without public auction or bidding, any real property to\na developer for the purpose of developing therein or thereon a facility,\nor a part or portion thereof, subject to the creation or retention by\nthe trust of such future or remainder interests in such property as it\ndeems appropriate, all of which shall be valid notwithstanding any rule\nagainst perpetuities;\n 8. to purchase or lease the institutional portion of a facility from\nthe developer thereof for use and occupancy by a not-for-profit cultural\norganization;\n 9. to furnish not-for-profit cultural organizations with advice and\nwith technical and other assistance; to act as liaison with federal,\nstate and municipal and other local authorities and with users and\noccupants of facilities with respect to the cultural, recreational and\neducational activities provided by not-for-profit cultural\norganizations; and otherwise to foster and encourage greater public\nknowledge of, and participation in, the cultural, recreational and\neducational activities of such organizations;\n 10. to organize one or more wholly-owned subsidiary corporations under\nany applicable provision of law and to perform through such subsidiaries\nor cause such subsidiaries to perform all or any part of its powers and\nfunctions;\n 11. to establish and promulgate such rules and regulations as the\ntrust may deem necessary, convenient or desirable for the use and\noperation of any facility, or part thereof, and for the use of any real\nproperty developed or to be developed by or pursuant to an agreement\nwith it, including but not limited to rules and regulations governing\nthe conduct and safety of the public on such premises;\n 12. to make and execute such agreements, including without limitation,\ninstruments of conveyance and agreements with not-for-profit cultural\norganizations with respect to the architectural and design\ncharacteristics of any facility, as are necessary or convenient for the\nexercise of its corporate powers and the fulfillment of its purposes;\nand\n 13. to make loans in accordance with article twenty of this chapter.\n