Section 1115-C. General powers of the authority  


Latest version.
  • The authority shall have
      the power:
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3. To borrow money and issue bonds or other obligations and to provide
      for the rights of the holders thereof;
        4. To enter into contracts and to execute all instruments necessary or
      convenient or desirable for the purposes of the authority to  carry  out
      any powers expressly given it in this title;
        5.  To enter into agreements with the water board and the city for the
      financing by the authority of projects as herein provided;
        6. To acquire, by purchase, gift, grant, transfer, contract  or  lease
      or  by  condemnation pursuant to the eminent domain procedure law, lease
      as lessee, hold, and use any real or personal property or  any  interest
      therein, as the authority may deem necessary, convenient or desirable to
      carry  out  the  purpose of this title, provided, however, the authority
      may not  condemn  real  property  of  the  city,  or  of  any  municipal
      corporation  or  district  corporation,  as  such  terms  are defined in
      section sixty-six of the general construction law, without  the  consent
      of  the city, or any such municipal corporation or district corporation,
      as the case may be; and, provided, further however, that  the  authority
      may  not  exercise  the  power  of  eminent  domain with respect to real
      property outside the city which is owned by any individual, partnership,
      corporation  (other   than   a   municipal   corporation   or   district
      corporation),  association,  trust,  or legal entity without the consent
      of: (a) the governing body of a city, other than the city of Albany,  if
      such  real  property is wholly located within such city, or (b) the town
      board if such real property is wholly located within such town,  or  (c)
      the  governing  body  of  a city, other than the city of Albany, and the
      town board if such real property is partly located within such city  and
      partly  located within such town; and to sell, lease as lessor, transfer
      and dispose of any property or interest therein at any time required  by
      it in the exercise of its powers;
        7.  To  make  and  amend  by-laws  for  its  organization and internal
      management, and rules and regulations  governing  the  exercise  of  its
      powers  and  the fulfillment of its purposes under this title. A copy of
      such rules, regulations and by-laws, and all  amendments  thereto,  duly
      certified by the secretary of the authority shall be filed in the office
      of the clerk of the city;
        8.  To apply to the appropriate agencies and officials of the federal,
      state and local governments for such licenses, permits or  approvals  of
      its  plans  or  projects as it may deem necessary or advisable, and upon
      such terms and conditions as it may deem appropriate, and to accept,  in
      its  discretion,  such licenses, permits or approvals as may be tendered
      to it by such agencies and officials;
        9. To appoint such officers and employees  as  are  required  for  the
      performance   of   its   duties,   and   to   fix  and  determine  their
      qualifications, duties and compensation subject  to  provisions  of  the
      civil  service  law and the rules of the civil service commission of the
      city, and to retain or employ counsel, auditors, engineers  and  private
      consultants  on a contract basis or otherwise for rendering professional
      or technical services and advice;
        10. To make plans and studies necessary, convenient or  desirable  for
      the  effectuation  of  the  purposes  and powers of the authority and to
      prepare recommendations in regard thereto;
        11. To make use of existing studies, surveys, plans,  data  and  other
      material  in the possession of any state agency, any municipality or the
      water board in order to avoid duplication of effort;
    
        12. To enter upon such lands, waters or premises as in the judgment of
      the authority shall be necessary for  the  purpose  of  making  surveys,
      soundings, borings and examinations to accomplish any purpose authorized
      by this title, the authority being liable only for actual damage done;
        13.  To  apply for and to accept any gifts or grants or loans of funds
      or property or financial or other aid  in  any  form  from  the  federal
      government  or  any agency or instrumentality thereof, or from the state
      or any agency or instrumentality thereof or from any other  source,  for
      any  or  all  of  the  purposes  specified in this title, and to comply,
      subject to the provisions of this title, with the terms  and  conditions
      thereof; and
        14.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in  this  title;
      provided  that  the  authority shall not have power, within the city, to
      collect rentals,  charges,  rates  or  fees  from  the  owners  of  real
      property, or the occupants of real property (other than the occupants of
      premises  owned  or  controlled  by  the  authority),  for  services  or
      facilities furnished or supplied in connection with such real  property,
      if  such  services  or  facilities  are of a character or nature then or
      formerly furnished or supplied by the city.