Section 3954. 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, notes or other obligations, or  to
      refund  the  same,  and  to provide for the rights of the holders of its
      bonds, notes or other obligations;
        7. as security for the payment of the principal of and interest on any
      bonds, notes or other obligations 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, notes or other obligations, or facilities for
      the  payment  of  tenders  of  such bonds, notes or other obligations 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  twenty-five  percent of the amount authorized in
      subdivision one of section thirty-nine hundred sixty-two of  this  title
      to pay the financeable costs described in paragraph (a), (b), (d) or (e)
      of subdivision thirteen of section thirty-nine hundred fifty-one of this
      title;
        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 in
      respect of escrow accounts to secure bonds that have  been  refunded  or
      debt  service  funds  in  which  revenues are deposited to secure bonds,
      notes or other indebtedness issued under this act, 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  by  two  nationally  recognized  independent  rating
      agencies  at  a  rating  category that is no lower than the then current
      rating of  the  authority's  bonds,  notes  or  other  obligations,  (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  the  state  or  any
      national  banking  association domiciled in the 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 the state or any
      national banking association domiciled in the 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.
        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.