Section 1840-D. General powers and duties of the authority  


Latest version.
  • Subject to the
      other provisions of this title and the provisions of any  contract  with
      bondholders  or  noteholders,  the  authority  shall  have the following
      powers in  addition  to  the  powers  specifically  conferred  upon  the
      authority elsewhere in this title:
        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 internal
      management;
        4. To make  rules  and  regulations  governing  the  exercise  of  its
      corporate  powers  and  the  fulfillment of its corporate purposes under
      this title, which rules and regulations shall be filed with  the  county
      clerks of each respective county;
        5.  To  develop  and  make  available to the public an annual economic
      development plan, in cooperation with the bi-county planning commission,
      which  shall  provide  (i)  information  on  the   physical   geography,
      population,  labor  force,  natural  and  man-made  resources,  economic
      activities, and problems  that  restrict  growth  within  the  bi-county
      region;  (ii)  information  on  the  planned  goals  of  the  authority,
      including any areas of the bi-county  region  where  financial  activity
      will  be concentrated, or any categories of eligible business facilities
      where activity will be  concentrated;  and  (iii)  information  for  the
      continuing planning and development programs of the authority;
        6.  To make loans secured by loan agreements, mortgages, contracts and
      all other instruments necessary or convenient for the  exercise  of  its
      corporate  powers  and  the  fulfillment of its corporate purposes under
      this title;
        7. To acquire  by  purchase,  grant,  lease,  gift,  condemnation,  or
      otherwise  and  to use, real or personal property or rights or easements
      therein necessary for its corporate purposes taking  into  consideration
      the  local zoning and planning regulations as well as regional and local
      comprehensive land use plans, and  to  sell,  convey,  mortgage,  lease,
      pledge,  exchange  or  otherwise  dispose  of  any such property in such
      manner as the authority shall determine;
        8. To require  the  inclusion  in  any  loan,  lease,  sale  or  other
      agreement  in  respect to a project such provisions as to the use of the
      project as the  authority  may  deem  necessary  or  desirable  for  the
      fulfillment of its corporate purposes;
        9.  To  make  and collect such fees and charges as the authority shall
      determine to be reasonable in connection with any loan, lease,  sale  or
      other   agreement  in  respect  to  a  project  or  any  application  or
      commitments therefor;
        10. To sell at public or  private  sale,  or  pledge  or  assign,  any
      mortgage or other obligation securing a loan made by the authority;
        11.  To  borrow money, to issue bonds and notes, and to fund or refund
      the same  pursuant  to  the  provisions  of  sections  eighteen  hundred
      forty-e,  eighteen hundred forty-g, and eighteen hundred forty-h of this
      title, and to provide  for  the  rights  of  the  holders  of  authority
      obligations.
        12.  To  grant  options to renew any lease with respect to any project
      and to grant options to buy any project at such price as  the  authority
      may  deem  desirable,  provided that such purchase price at least equals
      any remaining principal or interest payments on outstanding  obligations
      associated with the project.
        13.  To  foreclose  on  any property in respect of which it has made a
      loan, lease, sale, or other agreement or commence or join in any  action
      or  proceeding  to protect or enforce any right conferred upon it by law
      or by contract and  to  bid  for  and  purchase  such  property  at  any
    
      foreclosure  or  at  any other sale or acquire or take possession of any
      such property; and in such event the authority  may  operate,  maintain,
      administer, pay the principal of and interest on any obligation incurred
      in connection with such property, and otherwise deal with, such property
      in  such manner as may be necessary or desirable to protect the interest
      of the authority therein;
        14. To enter into agreements to pay annual sums in lieu  of  taxes  to
      any  municipality  or taxing district of the bi-county region in respect
      of any real property which is owned by the authority and located in such
      municipality or taxing district;
        15. To provide financial assistance to eligible commercial facilities,
      only after such projects have  been  affirmatively  recommended  by  the
      board of supervisors of Nassau county, the county legislature of Suffolk
      county,  and  the  governing  body of each city, town, and/or village in
      which the facility or any part thereof is, or will be located, provided,
      however, that such affirmative  recommendation  required  shall  not  be
      provided until the authority has first:
        (a) Filed a certified statement in the office of the clerk of any such
      municipality  setting  forth that, with respect to the geographical area
      reasonably influenced by the project, (i) there is a  demonstrable  need
      for the facility and (ii) there will result a maintenance or increase in
      employment after the completion of the facility; and
        (b)  Published a notice in one newspaper of general circulation within
      the bi-county region and within each city, town and/or village in  which
      the  facility  or  any part thereof is, or will be located, which notice
      shall state that the aforesaid certified statement has been filed at the
      office of the clerk and that a public hearing will be  held  to  discuss
      such certified statement at a specified time and place on a date no less
      than seven nor more than thirty days after such publication; and
        (c)  Notified  the  chief executive officer of each municipality whose
      affirmation is required of the date and time of such public hearing; and
        (d) Conducted a public hearing pursuant to the aforesaid notice; and
        (e) Afforded any person an opportunity to present written comments  on
      the  certified  statement  within  fifteen  days  after the date of such
      hearing. Each municipality  required  to  affirmatively  recommend  such
      project  shall,  within forty-five days after the public hearing held in
      accordance with this  subdivision,  determine  by  resolution  that  the
      certified  statement  submitted  by  the  authority has been reviewed to
      determine that the authority's  findings  are  supported  by  fact.  The
      failure  of  any  such  municipality to adopt a resolution in accordance
      with the provisions of this subdivision either approving or disapproving
      such facility within forty-five  days  of  the  conclusion  such  public
      hearing  shall  be  deemed  to  be  a  negative  recommendation  by such
      municipality.
        16. To procure insurance for the benefit of its officers and employees
      insuring against any loss for damage arising out of  any  act  committed
      within  the  scope of their authority and against any loss in connection
      with any loan, lease, sale, or other agreement in respect to  a  project
      or  with  real and personal property or other assets of the authority of
      any nature whatsoever in such amounts, and from  such  insurers,  as  it
      deems desirable;
        17.  To  consent  to  the  modification  of the time of payment of any
      installment of principal or interest, the rate of interest  (within  the
      limits  prescribed by section eighteen hundred forty-m), to security, or
      any other terms of any mortgage, loan,  loan  commitment,  lease,  sale,
      contract  or  agreement  of  any  kind to which the authority is a party
      whenever it deems it necessary or desirable in the  fulfillment  of  the
      purposes of this title;
    
        18.  To  encourage  the organization of local development corporations
      and to cooperate with such corporations in the formation  of  plans  for
      improving employment opportunities within their areas of operation;
        19.  To cooperate and act in conjunction with any organization, public
      or private, the objects of which within any area of the bi-county region
      are similar to the purposes of the authority;
        20. To accept gifts, grants, loans or contributions  from,  and  enter
      into  contracts  or other transactions with any federal or state agency,
      any municipality, any private organization or any other source;
        21. To use, with the consent of  the  municipality  and  as  otherwise
      permitted by law, agents, employees, and facilities of any municipality,
      paying  the  municipality  its  agreed proportion of the compensation or
      costs.
        22. To engage the services  of  bond  counsel,  accountants  or  other
      private  consultants  on a contract basis for rendering professional and
      technical assistance and advice;
        23. To do any and all things necessary or convenient to carry out  its
      corporate  purposes  and  exercise  the powers given and granted in this
      title.