Section 2680-D. 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 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;
        4. To acquire, lease as lessee, hold and use by purchase, gift, grant,
      transfer, contract or  lease  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.  Any  sale  of  real
      property shall be approved by the county legislature. In connection with
      the  acquisition  of  any  such  property,  the authority may assume any
      obligations of the owner of such property and, to the extent required by
      the terms of any  indentures  or  other  instruments  under  which  such
      obligations  were  issued, the authority may assume and agree to perform
      covenants and observe the restrictions contained  in  such  instruments;
      and  furthermore  the  owner  of  the  property  which  the authority is
      authorized to acquire is hereby authorized to sell or otherwise transfer
      the same to the authority, whereupon the authority shall become  charged
      with  the performance of all public duties with respect to such property
      with which such owner was charged and such owner shall become discharged
      from the performance thereof;
        5. To develop, construct, operate, maintain, manage  or  contract  for
      the  development,  construction, operation, maintenance or management of
      appropriate sports, recreational or cultural facilities and to allow the
      use of such facilities by athletic teams for  the  conduct  of  athletic
      events  and  activities  related  thereto  and, in its discretion, other
      organized public use and to allow the use  of  such  facilities  by  the
      residents  of  the county and its school districts for the organized use
      of its students, subject only to general  rules  for  the  use  of  such
      sports,  recreation  or  cultural  facilities  and reasonable scheduling
      requirements; to contract for  the  operation  and  maintenance  of  the
      sports,  recreation  or  cultural facility under its jurisdiction or for
      services to be performed in connection  therewith;  and  to  rent  parts
      thereof and to grant concessions, all on such terms and conditions as it
      may determine;
        6.  To  lease  the project of the authority to the county or any other
      municipality in the county, or any instrumentality  thereof,  upon  such
      terms  and  conditions  as  shall  be  determined  by the authority, the
      county, the municipality or such instrumentality, as the case may be;
        7. 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;
        8.  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;
        9.  To  obtain  approval  and  permission  prior  to  acquisition  and
      construction  from  the  county  planning  board  and   the   applicable
      municipality  affected  by  a project under consideration, such approval
      and permission is required prior to project commencement;
        10. To enter upon such lands 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;
    
        11. 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  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;
        12. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  district  corporations,  individuals  or  corporations,
      within or without the county,  for  any  lawful  purposes  necessary  or
      desirable  to  effect  the  purposes  of  this title upon such terms and
      conditions as shall be determined to be reasonable;
        13. To make bylaws and rules for the management and regulation of  its
      affairs and for the regulation of any project and, subject to agreements
      with  its bondholders, to make and alter rules and regulations governing
      the exercise of its powers and the fulfillment  of  its  purposes  under
      this title. A copy of such bylaws and rules, and all amendments thereto,
      duly  certified  by the secretary of the authority shall be filed in the
      office of the  county  clerk  of  the  county  and  shall  be  published
      thereafter  once  in each of two newspapers having a general circulation
      in the county;
        14. To fix rates and collect charges for the use of the project so  as
      to  provide  revenues  sufficient at all times to pay, as the same shall
      become due, the expense of operating and maintaining the project of  the
      authority  together  with proper reserves for maintenance, contingencies
      and all other obligations and indebtedness of the authority;
        15.  With  the  consent  of  the  chief  executive  officers  of   the
      municipalities within the service area, to use officers and employees of
      such municipalities and to pay a proper portion of compensation or costs
      for the services of such officers or employees;
        16.  To  establish,  fix, revise, charge, collect and enforce fees and
      charges for the use of such facilities so as to provide revenues  which,
      together  with  other  earnings  of  the  sports, recreation or cultural
      facilities, if any, as  the  same  shall  become  due,  the  expense  of
      operating  and  maintaining  the sports, recreation or cultural facility
      together with proper reserves for  maintenance,  contingencies  and  all
      other obligations and indebtedness of the authority;
        17.  To  insure  or  otherwise  to  provide  for  the insurance of the
      corporation's property or operations  and  also  contract  against  such
      other risks as the corporation may deem advisable;
        18.  To  pledge its revenues and mortgage any or all of its properties
      to secure the obligations of the authority; and
        19. To  establish  and  maintain  such  reserves,  special  funds  and
      accounts,  to  be  held in trust or otherwise, as may be required by any
      agreement with bondholders and any municipality.