§ 5 — General powers and duties of corporation

New York § 5

• Jurisdiction: New York
• Law FDC: Facilities Development Corporation Act 359/68

Text

§ 5. General powers and duties of corporation. The corporation shall\nhave the following powers in addition to those specifically conferred\nelsewhere in this act.\n 1. To sue and be sued.\n 2. To have a seal and alter the same at pleasure.\n 3. To make and alter by-laws for its organization and internal\nmanagement.\n 4. With the approval of the comptroller, to prescribe a system of\naccounts.\n 5. To make rules and regulations governing the exercise of its\ncorporate powers and the fulfillment of its corporate purposes, which\nrules and regulations shall be filed with the secretary of state in the\nmanner provided by section one hundred two of the executive law.\n 6. To accept jurisdiction over and to hold, use and improve, in\naccordance with such terms and conditions as the corporation and the\nstate housing finance agency or the state medical care facilities\nfinance agency, as the case may be, shall determine, any or all real\nproperty acquired by such agency for a health facilities improvement\nprogram.\n 7. Subject to the terms and conditions of any lease, sublease, loan or\nother financing agreement with the appropriate commissioner of the\ndepartment or the state housing finance agency or the state medical care\nfacilities finance agency, to possess, hold, use and improve, all mental\nhygiene facilities and all real and personal property acquired by or on\nbehalf of the corporation for a mental hygiene facilities improvement\nprogram so long as its corporate existence shall continue.\n 8. a. With the approval of the appropriate commissioner of the\ndepartment and the director of the budget, to purchase real property\nnecessary or convenient for a mental hygiene facilities improvement\nprogram in the name of the state, except where such purchase is for the\npurpose of providing community mental health and developmental\ndisabilities facilities in which case such purchase shall be in its own\nname; provided, however, that all such purchases shall be made pursuant\nto legislation or appropriations in accordance with section nine of this\nact. Nothing in this section contained shall be construed to prohibit\nthe acquisition of real property by purchase or appropriation by the\nappropriate commissioner of the department pursuant to article\nseventy-one of title E of the mental hygiene law for the purpose of\nmaking mental hygiene facilities available under license or permit from\nthe corporation to a voluntary agency, subject to the terms and\nconditions of any lease, sublease, loan or other financing agreement\nwith the state housing finance agency or the state medical care\nfacilities finance agency, (i) for use in providing community mental\nhealth and developmental disabilities services, including services in a\nresidential care center for adults, or (ii) for the conduct of an\nalcoholism or substance abuse treatment program as defined in article\nnineteen of title D of the mental hygiene law.\n b. To execute and deliver deeds for real property held in its own\nname.\n c. To convey an easement as described in this subdivision, in or over\nstate-owned lands under the jurisdiction of the facilities development\ncorporation for the use of the department of mental hygiene subject to\nprior notice to the commissioner of general services by filing with him\na copy of the proposed easement which shall be followed by such filing\nof a copy of the easement conveyed, to a public corporation or a public\nservice corporation, in perpetuity or otherwise. For the purposes of\nthis subdivision an easement may be granted for the connection of a\nwater main, sewer pipe or other utility line or similar facility\nmaintained for public use, owned by any public corporation or public\nservice corporation, which shall be used for or in connection with any\nfacility occupied, used or serving the program of one of the offices of\nthe department of mental hygiene as defined in subdivision two-a of\nsection three of section one of this act. The consideration for the\ngrant of any such easement may consist of the agreement by the grantee\nto maintain the subject utility facility.\n d. To convey an easement as described in this subdivision, in or over\nprivate lands under the jurisdiction of the facilities development\ncorporation for the use of the department of mental hygiene subject to\nprior notice to the commissioner of general services by filing with him\na copy of the proposed easement which shall be followed by such filing\nof a copy of the easement conveyed, to a public corporation or a public\nservice corporation, in perpetuity or otherwise. For the purposes of\nthis subdivision an easement may be granted for the connection of a\nwater main, sewer pipe or other utility line or similar facility\nmaintained for public use, owned by any public corporation or public\nservice corporation, which shall be used for or in connection with any\nfacility occupied, used or serving the program of one of the offices of\nthe department of mental hygiene as defined in subdivision two-a of\nsection three of section one of this act. The consideration for the\ngrant of any such easement may consist of the agreement by the grantee\nto maintain the subject utility facility.\n e. Nothing contained in paragraphs c and d of this subdivision shall\nlimit, restrict or affect the authority of the commissioner of general\nservices under section three of the public lands law.\n 9. To purchase, receive, lease or otherwise acquire in accordance with\nthe requirements of article eleven of the state finance law, personal\nproperty necessary and convenient for its corporate purposes, including\nthe original furnishings, equipment, machinery and apparatus required\nfor mental hygiene or health facilities upon the completion of work: (i)\nin the case of a mental hygiene facility to transfer, sublease or\notherwise make such personal property available to the department of\nmental hygiene or to a city or county, in accordance with the terms and\nconditions of any agreement with the appropriate commissioner of the\ndepartment, the commissioner of general services, such city or county or\nthe state housing finance agency; (ii) in the case of a health facility\nto transfer or otherwise make such personal property available to a\nmunicipality in accordance with the terms and conditions of any\nagreement with such municipality, the state housing finance agency or\nthe state medical care facilities finance agency.\n 10. To design, construct, acquire, reconstruct, rehabilitate and\nimprove health facilities, facilities for the department of corrections\nand community supervision and mental hygiene facilities, or cause such\nfacilities to be designed, constructed, acquired, reconstructed,\nrehabilitated and improved, in accordance with the provisions of this\nact.\n 11. In connection with such design, construction, acquisition,\nreconstruction, rehabilitation and improvement, to install or cause to\nbe installed water, sewer, gas, electrical, telephone, heating, air\nconditioning and other utility services, including appropriate\nconnections.\n 12. Subject to the terms and conditions of any lease, sublease, loan\nor other financing agreement between the corporation and the state\nhousing finance agency or the state medical care facilities finance\nagency, as the case may be, or between such agency and a municipality,\nas the case may be, and in the case of mental hygiene facilities with\nthe appropriate commissioner of the department, to maintain, repair and\nkeep up the real property held by it pursuant to this act.\n 13. (a) Subject to the terms and conditions of any lease, sublease,\nloan or other financing agreement with the state housing finance agency\nor the state medical care facilities finance agency, and to the\ndetermination of the appropriate commissioner of the department, and in\nthe case of community mental health and developmental disabilities\nfacilities, of the city or county, that such real property held for the\npurposes of a mental hygiene facilities improvement program is\nunnecessary for the present or foreseeable future needs of a mental\nhygiene facility, with the approval of the director of the budget, to\nconvey for fair value, except as otherwise provided in paragraph (b) of\nthis subdivision, any right, title or interest of the people of the\nstate of New York in and to such real property to any appropriate state\nagency, or public corporation, city or county for other public use or\nfor sale, lease or other disposition in accordance with law, real\nproperty held by the corporation, provided, however, nothing in this\nsubdivision shall be deemed to supersede the provisions of section 41.34\nof the mental hygiene law and provided further that any such conveyance\nshall be subject to, and consistent with the terms and objectives of,\nany plan developed by the state interagency council on mental hygiene\nproperty utilization. The corporation shall provide written notice at\nleast thirty days in advance of the effective date of any conveyance to\nthe governor, the majority leader of the senate and the speaker of the\nassembly. No conveyance as authorized in this subdivision that may\nadversely affect the tax exempt nature of any such lease, sublease, loan\nor other financing agreement with the state housing finance agency or\nthe New York state medical care facilities finance agency may occur\nuntil the attorney general or other designated bond counsel determines\nin writing that the conveyance is consistent with all applicable state\nand federal laws, rules and regulations, and with deeds, leases,\nsubleases, loan agreements, financing agreements, and bond resolutions\nrelating to or affected by the conveyance, and that the conveyance does\nnot impair the tax exempt status of outstanding obligations issued by\nthe state housing finance agency or the New York state medical care\nfacilities finance agency to finance or refinance the design,\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof mental health service facilities as defined in the New York state\nmedical care facilities finance agency act.\n (b) Notwithstanding any other provision of law to the contrary, for\nthe purposes of transferring and conveying the westernmost portion of\nthat certain property commonly known as the Kingsboro Psychiatric\nCenter, located at 681 Clarkson Avenue in Brooklyn, New York to a\nhousing development fund corporation formed pursuant to article XI of\nthe private housing finance law, for the purposes described below, the\nterm "fair value" shall be deemed to be an amount determined to be in\nthe public interest and agreed upon between the commissioner of the\noffice of mental health and the commissioner of the division of housing\nand community renewal, provided, however, that such agreed upon amount\nmay be less than the appraised fair value, in order to facilitate the\ndevelopment of the public benefit Vital Brooklyn project and in\nreflection of the Vital Brooklyn initiative and the intended use of the\nproperty, to increase access to open spaces, increase access and quality\nof health care services and preventative care, create affordable\nhousing, and to provide at least one hundred supportive housing units\nfor office of mental health recipients. The description of the lands to\nbe transferred and conveyed as set forth above is not intended to be a\nlegal description but, intended only to identify the property subject to\nthis paragraph.\n 13-a. Subject to the terms and conditions of any lease, sublease, loan\nor other financing agreement with the state housing finance agency or\nthe state medical care facilities finance agency and to the\ndetermination of the appropriate commissioner of the department, to make\na mental hygiene facility available under lease, sublease, license or\npermit from the corporation to a voluntary agency, or, notwithstanding\nthe provisions of the public lands law or any other general or special\nlaw to the contrary, to convey the right, title and interest of the\npeople of the state of New York in and to such facility and the land\nappurtenant thereto to such voluntary agency upon such terms and\nconditions as shall be provided in an agreement among the appropriate\ncommissioner of the department, the corporation and such voluntary\nagency with the approval of the director of the budget, the comptroller\nand the commissioner of any office of the department having programmatic\nor fiscal jurisdiction or licensing or certifying authority over that\nvoluntary agency with respect to the intended use.\n 13-b. Subject to the terms and conditions of any deed, lease,\nsublease, loan or other financing agreement with the state housing\nfinance agency or the New York state medical care facilities finance\nagency, and upon the determination of the appropriate commissioner of\nthe department of mental hygiene, to sublease as sublessor, in its own\nname, mental hygiene facilities leased to the corporation by the New\nYork state medical care facilities finance agency, and to lease as\nlessor real property held by the corporation, upon such terms and\nconditions as may be provided in an agreement among the appropriate\ncommissioner of the department, the corporation, and such sublessee or\nlessee, with the approval of the director of the budget, and, where\npertinent, the commissioner of any office of the department having\nprogrammatic or fiscal jurisdiction or licensing or certifying authority\nover a voluntary agency or any other sublessee or lessee entity with\nrespect to the intended use. Such a sublease or lease shall be effective\nonly after the attorney general or other designated bond counsel\ndetermines, in writing, that it is consistent with all applicable\nfederal and state laws, rules and regulations, and all deeds, leases,\nsubleases, loan agreements, financing agreements and bond resolutions\nrelating to or affected by the premises being sublet or let, and that\nsuch a sublease or lease does not impair the tax-exempt status of\noutstanding obligations issued by the housing finance agency or the New\nYork state medical care facilities finance agency.\n 13-c. To lease, as lessee, and to sublease, as sublessor, in its own\nname, mental hygiene facilities owned or leased by one or more voluntary\nagencies that are to be financed, refinanced, designed, constructed,\nacquired, reconstructed, rehabilitated and improved under any lease,\nsublease, loan or other financing agreement entered into with such\nvoluntary agencies or the medical care facilities finance agency in\naccordance with regulations that shall be promulgated by either one of\nthe appropriate commissioners or directors of the department and\napproved by the director of the budget, which regulations shall require\nthat any mental hygiene facility owned or leased by a voluntary agency\nthe design, construction, reconstruction, acquisition, rehabilitation or\nimprovement of which is to be financed or refinanced in whole or in part\nwith proceeds of mental health services facilities improvement bonds or\nnotes issued by the medical care facilities finance agency, and any\nother mental hygiene facilities that may be constructed or acquired with\nfunds realized by or returned to such voluntary agency or jointly to\nsuch voluntary agency and one more voluntary agencies which will operate\nsuch facility as a result of such financing or refinancing, be approved\nfor financing or refinancing pursuant to this act by the director of the\nbudget and be operated, while such bonds or notes are outstanding, in a\nmanner and for purposes pursuant to the mental hygiene law.\n 13-d. 1. Subject to the terms and conditions of any lease, sublease,\nloan or other financing agreement with the medical care facilities\nfinance agency in accordance with subdivision 13-c of this section, to\nmake loans to voluntary agencies for the purpose of financing or\nrefinancing the design, construction, acquisition, reconstruction,\nrehabilitation and improvement of mental hygiene facilities owned or\nleased by such voluntary agencies provided, however, that with respect\nto such facilities which are leased by a voluntary agency, the term of\nrepayment of such loan shall not exceed the term of such lease including\nany option to renew such lease. Notwithstanding any other provisions of\nlaw, such loans may be made jointly to one or more voluntary agencies\nwhich own and one or more voluntary agencies which will operate any such\nmental hygiene facility.\n 2. Subject to the terms and conditions of any lease, sublease, loan or\nother financing agreement with the medical care facilities finance\nagency, to make grants to voluntary agencies or provide proceeds of\nmental health services facilities bonds or notes to the department to\nmake grants to voluntary agencies or to reimburse disbursements made\ntherefor, in each case, for the purpose of financing or refinancing the\ndesign, construction, acquisition, reconstruction, rehabilitation and\nimprovement of mental hygiene facilities owned or leased by such\nvoluntary agencies.\n 13-e. To receive from the comptroller state aid payments pledged or\nagreed to be paid by any voluntary agency in accordance with any lease,\nsublease, loan or other financing agreement entered into with such\nvoluntary agency. Such pledges may be made from sources of state aid\nincluding but not limited to payments made pursuant to: articles\nnineteen, twenty-five and forty-one of the mental hygiene law.\n 13-f. The executive director of the facilities development corporation\nis authorized and empowered to enter into and implement agreements under\nwhich the facilities development corporation may designate the\ncommissioner of the office of mental health, the commissioner of the\noffice for people with developmental disabilities, the commissioner of\nalcoholism and substance abuse services, with respect to their\nrespective facilities, as agents for the facilities development\ncorporation with respect to the financing of voluntary provider\nnot-for-profit community development, and under which such commissioners\nand directors may act as its agent, with respect to any and all duties\nfor such corporation as set forth and contained in this act. The\ncommissioners, the directors, and the executive director shall enter\ninto such agreements, subject to the approval of the director of the\nbudget, which delineate the respective duties of each party when such\ncommissioners and directors are designated agents of such corporation.\n 14. To make and execute contracts and all other instruments or\nagreements necessary or convenient for the exercise of its corporate\npowers or the fulfillment of its corporate purposes.\n 15. To engage the services of construction, engineering,\narchitectural, legal and financial consultants, surveyors and\nappraisers, on a contract basis or as employees, for professional\nservices and technical assistance and advice.\n 16. To procure insurance against any loss in connection with any\nfacility in such amounts and from such insurers as it deems desirable.\n 17. With the consent of the commissioner of health, or the appropriate\ncommissioner of the department, as the case may be, to use the agents,\nemployees and facilities of the respective agencies.\n 18. Subject to the approval of the commissioner of health or the\nappropriate commissioner of the department, as the case may be, to apply\nfor, accept, administer and disburse federal aid.\n 19. To accept any gifts or grants or loans of funds or property or\nfinancial or other aid in any form from the federal government or any\nagency or instrumentality thereof or from the state, including\nappropriations, or from any other source, and to comply with the terms\nand conditions thereof.\n 20. To do any and all things necessary or convenient to carry out its\ncorporate purposes and exercise the powers given and granted it in this\nact.\n