Section 478. General powers and duties of fund  


Latest version.
  • The fund shall have the
      following powers in addition to those specifically  conferred  elsewhere
      in this article:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3.  To  make  and  alter  by-laws  for  its  organization and internal
      management;
        4. With the approval of the commissioner of finance  of  the  city  of
      Yonkers to prescribe a system of accounts;
        5.  To  make  rules  and  regulations  governing  the  exercise of its
      corporate powers and the fulfillment of  its  corporate  purposes  under
      this  article,  which  rules  and  regulations  shall  be filed with the
      secretary of state in the manner provided by section one hundred two  of
      the executive law;
        6.  With the approval of the board of education, to purchase, receive,
      lease or otherwise acquire  real  and  personal  property  necessary  or
      convenient for its corporate purposes;
        7. Subject to the terms and conditions of any lease, sublease or other
      agreement with the board of education, to possess, hold, use and improve
      real  and personal property acquired by or on behalf of the fund so long
      as its corporate existence shall continue;
        8. Upon a two-thirds vote of the trustees of the fund, and subject  to
      the  approval  of the board of education, to design, construct, acquire,
      reconstruct, rehabilitate and improve combined occupancy structures  and
      incidental  or  appurtenant facilities thereto, or cause such structures
      and facilities to be  designed,  constructed,  acquired,  reconstructed,
      rehabilitated  and  improved  in  accordance with the provisions of this
      article;
        9.  In  connection  with  such  design,   construction,   acquisition,
      reconstruction,  rehabilitation  and improvement, to install or cause to
      be installed water, sewer,  gas,  electrical,  telephone,  heating,  air
      conditioning   and   other   utility   services,  including  appropriate
      connections;
        10. Subject to the terms and conditions  of  any  lease,  sublease  or
      other  agreement  with  the  board of education, to maintain, repair and
      keep up the  real  property  held  by  it  and  all  combined  occupancy
      structures   and   facilities   constructed,   acquired,  reconstructed,
      rehabilitated or improved pursuant to this article;
        11. Subject to the terms and conditions  of  any  lease,  sublease  or
      other agreement with third parties and to the determination of the board
      of  education  that such real property is unnecessary for the present or
      foreseeable future school building needs of  the  city  of  Yonkers,  to
      surrender  to the appropriate city official, for other public use or for
      sale, lease or other disposition in accordance with law,  real  property
      held by the fund for its corporate purposes;
        12.  Subject to the approval of the corporation counsel as to form, to
      make and execute contracts, leases, subleases, and all other instruments
      or agreements necessary or convenient for the exercise of its  corporate
      powers and the fulfillment of its corporate purposes under this article;
      the  term  of any such lease or sublease or renewal thereof shall not be
      limited by any provision of any general, special or local law or charter
      applicable to the city of Yonkers or to the board of  education  of  the
      city of Yonkers;
        13.  To  procure  insurance  against  any  loss in connection with its
      property and other assets in such amounts and from such insurers  as  it
      deems desirable;
        14.  With  the  consent  of  the board of education to use the agents,
      employees and facilities of the board;
    
        15.   To   engage   the   services   of   construction,   engineering,
      architectural,   legal   and   financial   consultants,   surveyors  and
      appraisers, on a  contract  basis  or  as  employees,  for  professional
      service and technical assistance and advice;
        16.  To  assist  generally, the public works department of the city of
      Yonkers in making land  surveys,  topographical  surveys  and  valuation
      appraisals  of  real  property  sought  to  be  acquired by the board of
      education of the city of Yonkers;
        17. To borrow  money  and  issue  negotiable  notes,  bonds  or  other
      obligations and to provide for the rights of the holders thereof;
        18.  To  invest  any  funds  held in reserves or sinking funds, or any
      funds not required for immediate use or disbursement, at the  discretion
      of  the fund, in obligations of the city, the state or the United States
      government or obligations  the  principal  and  interest  of  which  are
      guaranteed by the city, the state or the United States government;
        19.  To  accept  any gifts or grants or loans of funds and property or
      financial or other aid in any form from the federal  government  or  any
      agency  or  instrumentality  thereof or from the state or from any other
      source and to comply, subject to the provisions of  this  article,  with
      the terms and conditions thereof;
        20.  At the request or with the approval of the board of education, to
      grant, sell, lease or  otherwise  transfer  without  public  auction  or
      bidding any real property or any rights or interests therein or thereto,
      including  fee interests, easements, space rights or air rights, held by
      it and occupied or reserved for school purposes and needed therefor,  to
      a  private  individual  or  private  or  public  corporation  solely and
      exclusively for the purpose of developing and  constructing  therein  or
      thereon  a  combined  occupancy structure, or a part or portion thereof,
      within the meaning of this article subject to a  prior  and  enforceable
      agreement  approved  by  the  board  of  education for the reconveyance,
      retransfer or lease back of the school portion thereof, upon completion,
      for use and occupancy by the said board of education; provided, however,
      that no such sale, lease or transfer  of  lands  or  rights  therein  or
      thereto  is  authorized  where  the  development of a combined occupancy
      structure  contemplates  the  erection  of   nonschool   facilities   or
      improvements  over an existing school or playground unless such combined
      occupancy structure to be constructed over such playground shall provide
      playground area at least equal in size to the then  existing  playground
      area;
        21.  At the request or with the approval of the board of education, to
      contract with the owner or  other  developer  of  a  combined  occupancy
      structure  for  the purchase or lease of the school portion thereof upon
      completion for use and occupancy by the board of education of  the  city
      of Yonkers;
        22.  To  grant,  sell,  lease, sublease or otherwise convey the school
      portion of combined occupancy structures to the city of Yonkers for  use
      and occupancy by the board of education of the city of Yonkers; and
        23.  To do any and all things necessary or convenient to carry out its
      corporate purposes and exercise the powers given and granted  to  it  in
      this article.