§ 1115-C — General powers of the authority

§ 1115-c. General powers of the authority. The authority shall have\nthe power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n 4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n 5. To enter into agreements with the water board and the city for the\nfinancing by the authority of projects as herein provided;\n 6. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title, provided, however, the authority\nmay not condemn real property of the city, or of any municipal\ncorporation or district corporation, as such terms are defined in\nsection sixty-six of the general construction law, without the consent\nof the city, or any such municipal corporation or district corporation,\nas the case may be; and, provided, further however, that the authority\nmay not exercise the power of eminent domain with respect to real\nproperty outside the city which is owned by any individual, partnership,\ncorporation (other than a municipal corporation or district\ncorporation), association, trust, or legal entity without the consent\nof: (a) the governing body of a city, other than the city of Albany, if\nsuch real property is wholly located within such city, or (b) the town\nboard if such real property is wholly located within such town, or (c)\nthe governing body of a city, other than the city of Albany, and the\ntown board if such real property is partly located within such city and\npartly located within such town; and to sell, lease as lessor, transfer\nand dispose of any property or interest therein at any time required by\nit in the exercise of its powers;\n 7. To make and amend by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title. A copy of\nsuch rules, regulations and by-laws, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the clerk of the city;\n 8. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n 9. To appoint such officers and employees as are required for the\nperformance of its duties, and to fix and determine their\nqualifications, duties and compensation subject to provisions of the\ncivil service law and the rules of the civil service commission of the\ncity, and to retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice;\n 10. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n 11. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, any municipality or the\nwater board in order to avoid duplication of effort;\n 12. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n 13. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof; and\n 14. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\nprovided that the authority shall not have power, within the city, to\ncollect rentals, charges, rates or fees from the owners of real\nproperty, or the occupants of real property (other than the occupants of\npremises owned or controlled by the authority), for services or\nfacilities furnished or supplied in connection with such real property,\nif such services or facilities are of a character or nature then or\nformerly furnished or supplied by the city.\n