Section 1728. Powers and duties of the authority

The authority shall have
  the following powers and duties:
    1. To sue and be sued;
    2. To have a seal or alter the same at pleasure;
    3. To make and alter by-laws for the organization and  the  management
  and regulation of its affairs;
    4.  To  appoint  officers  and  employees,  fix their compensation and
  require background investigations, including  but  not  limited  to  the
  criminal  history  of  all  applicants  for  employment to determine the
  suitability of such applicants for employment. Such investigation  shall
  include  but  not  be  limited  to  the  taking  of fingerprints of such
  officers and employees  as  a  prerequisite  for  employment;  provided,
  however,   that  every  set  of  fingerprints  taken  pursuant  to  this
  subdivision shall be promptly submitted  to  the  division  of  criminal
  justice services where it shall be appropriately processed and forwarded
  to  the  federal  bureau  of  investigation,  at a rate required by such
  agencies for state and national criminal history record checks;
    5. To design, construct, reconstruct, improve, rehabilitate, maintain,
  furnish, repair, equip and otherwise provide for educational facilities,
  as defined in section twenty-five hundred ninety-a of the education law,
  for the city board pursuant to agreements with the city board;
    6. To acquire real and personal property, or any interest therein,  by
  any  method,  including but not limited to purchase or condemnation, for
  the purpose of constructing, reconstructing, improving,  rehabilitating,
  maintaining, repairing, furnishing, equipping or otherwise providing for
  educational  facilities  for the city board; provided, however, that the
  authority shall use such condemnation power only  if  the  authority  is
  unable  to  purchase  property  by  negotiation  or bidding and provided
  further that, except to the  extent  permitted  by  subdivision  two  of
  section  seventeen  hundred twenty-nine of this title, the authority may
  not condemn property dedicated to use, used or mapped as a  city  street
  or  any  other property owned by, or subject to any interest therein, of
  the city of New York;
    7. To make and execute contracts and all other  instruments  necessary
  or  convenient  for  the  exercise  of its functions, powers and duties,
  provided that  the  authority  may  not  unless  otherwise  specifically
  authorized by law issue negotiable bonds or notes;
    8.  To  engage the services of private consultants on a contract basis
  for rendering professional and technical assistance and advice;
    9. To enter into agreements with the city board pursuant to which  the
  authority will be responsible for the acquisition, design, construction,
  reconstruction,  improvement,  rehabilitation,  maintaining,  repairing,
  furnishing,  equipping  of  and  otherwise  providing  for   educational
  facilities for the city board, provided, however, that (i) any agreement
  under  which  the authority shall engage in maintenance shall be limited
  to maintenance that is attendant to the authority's implementation of  a
  five-year educational facilities capital plan; (ii) nothing herein shall
  be  deemed  to  diminish  the  rights of school custodians and custodian
  engineers as established in the existing collective bargaining agreement
  with the city board or  other  custodian  or  maintenance  employees  as
  established  in  their  respective collective bargaining agreements; and
  (iii) further provided that the authority is not empowered to engage  in
  custodial operations;
    10.  Notwithstanding  the  provisions  of  section  two  thousand five
  hundred four of the insurance law or any other law, to procure insurance
  on behalf of itself and others against any loss in connection  with  its
  activities,  properties  and other assets, in such amounts and from such
  insurers as it deems desirable; provided that the  authority  may  enter

  into  agreements with the city, acting by the mayor alone, providing for
  indemnification by the city of the authority against tort  and  contract
  judgments  and claims, which agreements may contain provisions requiring
  legal  representation of the authority by the corporation counsel of the
  city and specifying any insurance to be carried by the authority,  which
  provisions  shall  supersede  any agreements with the city board on such
  subject;
    11. Upon  completion  of  the  design,  construction,  reconstruction,
  improvement,   rehabilitation,   maintaining,   repairing,   furnishing,
  equipping of or  otherwise  providing  for  educational  facilities,  to
  convey  title  to any such facilities to the city for use as educational
  facilities by the city board. In  the  case  of  educational  facilities
  leased  by  the  authority,  the  city  board  may occupy or sublet such
  facilities from the authority without compensation and  without  further
  approval and, upon transfer or assignment of the authority's interest in
  these  facilities  to  the  city  board, the city board shall assume all
  rights and obligations of the authority under such lease;
    12. To dispose of personal property and, with the consent of the city,
  acting by the mayor and the council, to dispose of real property, or any
  interest therein, held by the authority and not required for educational
  purposes of the city board,  by  sale,  lease,  sublease  or  otherwise,
  provided  that  such  disposition is pursuant to the implementation of a
  five-year educational facilities capital plan;
    13. To enter into  agreements  with  the  city's  department  of  city
  planning to render any services the authority may request, including but
  not  limited  to  professional  and  technical  assistance  by  planning
  experts, engineers, architects and any other staff as may be  necessary,
  and  the use of the premises, personnel, equipment and personal property
  of the department of city planning.  The  authority  shall  provide  for
  reimbursement  to the department of city planning from the authority for
  any expenses incurred by the department of city planning in carrying out
  the terms of any such agreements;
    14. To enter into agreements with the city board to  render  services,
  including  but  not  limited  to  the use of the premises, personnel and
  personal property of the city board, and to provide for reimbursement to
  the city board from the authority for any expenses incurred by the  city
  board in carrying out the terms of these agreements;
    15. To enter into agreements with the city board pursuant to which the
  city board may make available to the authority the services of employees
  of  the  city  board  who  are  contemplated  to  be  transferred to the
  authority pursuant to a plan for  such  transfers  for  the  purpose  of
  rendering  assistance  in  establishing the operations of the authority;
  provided, however, that such employees shall no longer be  available  to
  the  authority pursuant to the terms of this subdivision beyond one year
  following the effective date of this title;
    16. To apply for or accept any gifts, 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, from the  state  or
  any  agency  or  instrumentality thereof, from the city or any agency or
  instrumentality thereof or from any other source, for any or all of  the
  purposes  specified  in  this  title,  and it may comply, subject to the
  provisions of this title, with the terms and conditions thereof; and
    17. To do any and all things necessary or convenient to carry out  and
  exercise the powers given and granted by this section.