Section 3654. General powers of the authority  


Latest version.
  • Except as otherwise limited
      by this title, the authority shall have the following powers in addition
      to those specially conferred elsewhere in this title,  subject  only  to
      agreements with bondholders:
        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 management and,
      subject to agreements with its bondholders, to make and alter rules  and
      regulations  governing the exercise of its powers and fulfillment of its
      purposes under this title;
        4. to  make  and  execute  contracts  and  all  other  instruments  or
      agreements necessary or convenient to carry out any powers and functions
      expressly given in this title;
        5.  to  commence  any action to protect or enforce any right conferred
      upon it by any law, contract or other agreement;
        6. to borrow money and issue bonds, or to  refund  the  same,  and  to
      provide for the rights of the holders of its bonds;
        7. as security for the payment of the principal of and interest on any
      bonds  issued  by  it  pursuant to this title and any agreements made in
      connection therewith and for its obligations under bond  facilities,  to
      pledge all or any part of its revenues or assets;
        8. to procure insurance, letters of credit or other credit enhancement
      with  respect  to its bonds, or facilities for the payment of tenders of
      such bonds or facilities for the payment  upon  maturity  of  short-term
      notes not renewed;
        9.  to  enter into interest rate exchange or similar arrangements with
      any person  under  such  terms  and  conditions  as  the  authority  may
      determine,  not  inconsistent  with  the  general laws of this state and
      other  provisions  of  this  title,   including,   without   limitation,
      provisions as to default or early termination and indemnification by the
      authority  or  any  other party thereto for loss of benefits as a result
      thereof; provided, however, that such exchanges or similar  arrangements
      shall   be  limited  to  fifty  percent  of  the  amount  authorized  in
      subdivision one of section thirty-six hundred fifty-six of this  article
      to  pay  the financeable costs described in paragraph (a) of subdivision
      eleven of section thirty-six hundred fifty-one of this article;
        10.  to  procure  insurance,  letters  of  credit  or   other   credit
      enhancement  with  respect to arrangements described in subdivision nine
      of this section;
        11. to accept gifts,  grants,  loans  or  contributions  of  funds  or
      financial  or  other  aid  in any form from the county, state or federal
      government or any agency or instrumentality thereof, or from  any  other
      source  and  to expend the proceeds for any of its corporate purposes in
      accordance with the provisions of this title;
        12. subject to the provisions of any  contract  with  bondholders,  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
      authority,  in  (a)  obligations  of  the  state  or  the  United States
      government, (b) obligations the principal  and  interest  of  which  are
      guaranteed   by   the   state  or  the  United  States  government,  (c)
      certificates of  deposit,  whether  negotiable  or  non-negotiable,  and
      banker's  acceptances  of  any  of the fifty largest banks in the United
      States which bank,  at  the  time  of  investment,  has  an  outstanding
      unsecured, uninsured and unguaranteed debt issue ranked in either of the
      two  highest  rating categories of two nationally recognized independent
      rating agencies, (d) commercial paper of any bank or corporation created
      under the laws of either the United States or any state  of  the  United
      States  which  commercial  paper,  at  the  time  of the investment, has
    
      received the highest rating of  two  nationally  recognized  independent
      rating   agencies,   (e)   bonds,  debentures,  or  other  evidences  of
      indebtedness, issued or guaranteed at the time of the investment by  the
      federal  national  mortgage  association,  federal  home  loan  mortgage
      corporation, student loan marketing  association,  federal  farm  credit
      system, or any other United States government sponsored agency, provided
      that  at  the  time  of  the  investment  such  agency  receives, or its
      obligations receive, any of the three highest rating categories  of  two
      nationally  recognized  independent  rating  agencies,  (f) any bonds or
      other obligations of any state or the United States of America or of any
      political subdivision thereof or any agency,  instrumentality  or  local
      governmental unit of any such state or political subdivision which bonds
      or  other  obligations, at the time of the investment, have received any
      of the three highest ratings of two  nationally  recognized  independent
      rating  agencies,  (g)  any  repurchase agreement with any bank or trust
      company organized under the laws of any state of the  United  States  of
      America  or  any  national banking association or government bond dealer
      reporting to, trading with, and recognized as a primary  dealer  by  the
      Federal  Reserve Bank of New York, which agreement is secured by any one
      or more of the securities described in paragraph (a), (b) or (e) of this
      subdivision which securities shall at all times have a market  value  of
      not  less  than  the  full  amount  of  the  repurchase agreement and be
      delivered to another bank or trust company organized under the  laws  of
      New York State or any national banking association domiciled in New York
      State, as custodian, and (h) reverse repurchase agreements with any bank
      or  trust  company  organized  under the laws of any state of the United
      States of America or any national banking association or government bond
      dealer reporting to, trading with, and recognized as a primary dealer by
      the Federal Reserve Bank of New York, which agreement is secured by  any
      one  or more of the securities described in paragraph (a), (b) or (e) of
      this subdivision which securities shall at all times have a market value
      of not less than the full amount of  the  repurchase  agreement  and  be
      delivered  to  another bank or trust company organized under the laws of
      New York State or any national banking association domiciled in New York
      State, as custodian.
        13. to appoint such officers and employees as it may require  for  the
      performance of its duties and to fix and determine their qualifications,
      duties,  and compensation, and to retain or employ counsel, auditors and
      private financial consultants and other services on a contract basis  or
      otherwise for rendering professional, business or technical services and
      advice;  and,  in  taking such actions, the authority shall consider the
      financial impact on the county; and
        14. to do any and all things necessary or convenient to carry out  its
      purposes  and  exercise  the  powers expressly given and granted in this
      title; provided, however, such authority shall  under  no  circumstances
      acquire,   hold  or  transfer  title  to,  lease,  own  beneficially  or
      otherwise, manage, operate or otherwise exercise control over  any  real
      property, any improvement to real property or any interest therein other
      than  a  lease or sublease of office space deemed necessary or desirable
      by the authority.