§ 3630 — General powers of the corporation

§ 3630. General powers of the corporation. Except as limited by this\ntitle, the public health law, the mental hygiene law, the social\nservices law, the education law, the civil practice law and rules, or\nany other applicable law or regulation, the corporation shall have\npower:\n 1. to sue and be sued and to participate in actions and proceedings,\nwhether judicial, administrative, or otherwise;\n 2. to have a seal and to alter such seal, and to use it by causing it\nor a facsimile thereof to be affixed, impressed, or reproduced in any\nother manner;\n 3. to borrow money and issue bonds for any of its corporate purposes\nor its projects, or to refund the same, and to provide for the rights of\nthe holders thereof;\n 4. to make and alter by-laws for its organization and management and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n 5. to purchase, receive, take by grant, gift, devise, bequest, or\notherwise, lease, or otherwise acquire, own, hold, improve, employ, use,\nand otherwise deal in and with, real or personal property, or any\ninterest therein, wherever situated;\n 6. to purchase, take, receive, subscribe for, or otherwise acquire,\nown, hold, vote, employ, sell, lend, lease, exchange, transfer, or\notherwise dispose of, mortgage, pledge, use, and otherwise deal in and\nwith, bonds and other obligations, shares, or other securities or\ninterests issued by others, whether engaged in similar or different\nbusiness, governmental, or other activities;\n 7. to accept subventions from other persons or any unit of government;\n 8. to sell, convey, lease, exchange, transfer, or otherwise dispose\nof, mortgage or pledge, or create a security interest in, all or any of\nits property, or any interest therein, wherever situated, upon such\nterms and conditions and in such manner as the corporation shall\ndetermine;\n 9. to acquire by condemnation pursuant to the provisions of the\neminent domain procedure law any real property within Erie county\nrequired by the corporation to carry out the powers granted by this\ntitle with the approval of both the Erie county legislature and the\ncounty executive;\n 10. to make capital contributions to other not-for-profit\ncorporations;\n 11. to offer participation in the New York state and local employees'\nretirement system for all its officers and employees and to establish\nand carry out other retirement plans authorized pursuant to the\nretirement and social security law, which may be offered to all of its\nofficers and employees not participating in the New York state and local\nemployees' retirement system, and to establish and carry out other\nincentive and benefit plans, trusts, and provisions for any or all of\nits officers and employees, subject to the applicable provisions of\narticle fourteen of the civil service law;\n 12. to be a promoter, partner, member, associate, or manager of other\nnot-for-profit activities or business enterprises or ventures, or, to\nthe extent permitted in any other jurisdiction, to be an incorporator of\nother corporations of any type or kind;\n 13. to make contracts, give guarantees, and incur liabilities, borrow\nmoney at such rates of interest as the corporation may determine, issue\nnotes, bonds, and other obligations, and secure any of its obligations\nby mortgage or pledge of all or any of its property or any interest\ntherein, wherever situated;\n 14. to issue bonds for any corporate purpose or project, to refund the\nsame, and to provide for the rights of holders thereof;\n 15. to accept gifts, grants, loans, or contributions of funds or\nproperty or financial or other aid in any form from, and enter into\ncontracts or other transactions with, the federal government, the state,\nor any public corporation or any other source, and to use any such\ngifts, grants, loans, or contributions for any of its corporate\npurposes;\n 16. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\ncorporation may deem desirable;\n 17. to lend money, invest and reinvest its funds, and take and hold\nreal and personal property as security for the payment of funds so lent\nor invested;\n 18. to designate the depositories of its money;\n 19. to establish its fiscal year;\n 20. to conduct the activities of the corporation, have offices, and\nexercise the powers granted by this title in any jurisdiction within or\nwithout the United States;\n 21. to appoint such officers, employees, and agents as the corporation\nmay require for the performance of its duties and to fix and determine\ntheir qualifications, duties, and compensation, subject to the\nprovisions of the civil service law and any applicable collective\nbargaining agreement, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional, management, or technical services and advice;\n 22. to use employees, agents, consultants, and facilities of the\ncounty, paying the county its agreed proportion of the compensation or\ncosts pursuant to an agreement with the county;\n 23. to make and adopt plans, surveys, and studies necessary,\nconvenient, or desirable to the effectuation of the purposes and powers\nof the corporation and to prepare recommendations in regard thereto;\n 24. except as limited by state law or regulation, to fix and collect\nrates, rentals, fees, lease payments, and other charges for the services\nrendered by it or for the use of the facilities owned, controlled, or\nadministered by or in the exercise of the powers of the corporation;\n 25. to enter upon such lands, waters, or premises as in the judgment\nof the corporation may be necessary, convenient, or desirable for the\npurpose of making surveys, soundings, borings, and examinations to\naccomplish any purpose authorized by this title, the corporation being\nliable for actual damage done;\n 26. the corporation may covenant and consent that the interest on any\nof its bonds or notes issued pursuant to this title shall be includable,\nunder the United States Internal Revenue Code of 1986, as amended (the\n"code") or any subsequent corresponding internal revenue law of the\nUnited States, in gross income of the holders of the bonds or notes to\nthe same extent and in the same manner that the interest on bills,\nbonds, notes, or other obligations of the United States is includable in\nthe gross income of the holders thereof under the code or any such\nsubsequent law;\n 27. to make, adopt, amend, enforce, and repeal rules for its\ngovernance and internal management and personnel practices, subject to\narticle fourteen of the civil service law, where applicable;\n 28. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and also contract against such\nother risks as the corporation may deem advisable, including the\ninterest rate risk for obligations it issues bearing interest at a\nfloating or otherwise adjustable rate which prevents the actual rate\nover the term of the debt from being ascertained at the date of its\nincurrence, and including the power to make any payments with respect\nthereto; and\n 29. to do all things necessary, convenient, or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n