N.Y. Arts and Cultural Affairs Law § 22.07: Special powers of the trust relating to assisting participating cultural institutions

§ 22.07. Special powers of the trust relating to assisting

participating cultural institutions. In addition to such powers as are

conferred elsewhere in article twenty of this chapter and this article,

the trust shall have the following powers which may be exercised, at the

discretion of the board of trustees, solely and exclusively in

furtherance of its corporate purposes with or without public auction or

bidding:

1. to undertake surveys of the present and anticipated needs of

not-for-profit cultural organizations in the county, including without

limitation the need for development of the facilities of such

organizations, in order to determine whether or not the trust may

effectively exercise its powers and fulfill its purposes in cooperation

with any such organizations;

2. to develop facilities for not-for-profit cultural organizations or

cause such facilities to be developed, in accordance with this article

and article twenty of this chapter, to acquire in connection therewith

real property of a not-for-profit cultural organization, subject to the

retention or creation by such organization of any future or remainder

interests in such property, all of which shall be valid notwithstanding

any rule against perpetuities, and in connection therewith, to install

or cause to be installed water, fuel, gas, electrical, telephone,

heating, air-conditioning and other utility services, including

appropriate connections;

3. to maintain, repair, keep up, manage and operate its real property

and any facility for a not-for-profit cultural organization or part

thereof developed by or pursuant to an agreement with it, by means which

may include the enforcement of its rules and regulations in the manner

described in subdivision d of section two hundred two of the

not-for-profit corporation law with the same effect as though such

subdivision applied to the trust and to such property and facility;

4. to offer to convey and to convey all or any part of the

non-institutional portion of a facility or any interest therein, and to

take any and all actions deemed necessary or appropriate by the trust to

advertise, promote, encourage, and effect such conveyances, all future

or remainder interests created or retained by the trust in connection

therewith which shall be valid notwithstanding any rule against

perpetuities;

5. to convey with or without consideration, to a not-for-profit

cultural organization the institutional portion of a facility developed

in cooperation with such organization and any real property held by the

trust in connection with such development;

6. to enter into a partnership, joint venture or other enterprise in

any capacity deemed by it to be appropriate, for the purpose of

developing and operating a facility for a not-for-profit cultural

organization or any part thereof;

7. to convey, without public auction or bidding, any real property to

a developer for the purpose of developing therein or thereon a facility,

or a part or portion thereof, subject to the creation or retention by

the trust of such future or remainder interests in such property as it

deems appropriate, all of which shall be valid notwithstanding any rule

against perpetuities;

8. to purchase or lease the institutional portion of a facility from

the developer thereof for use and occupancy by a not-for-profit cultural

organization;

9. to furnish not-for-profit cultural organizations with advice and

with technical and other assistance; to act as liaison with federal,

state and municipal and other local authorities and with users and

occupants of facilities with respect to the cultural, recreational and

educational activities provided by not-for-profit cultural

organizations; and otherwise to foster and encourage greater public

knowledge of, and participation in, the cultural, recreational and

educational activities of such organizations;

10. to organize one or more wholly-owned subsidiary corporations under

any applicable provision of law and to perform through such subsidiaries

or cause such subsidiaries to perform all or any part of its powers and

functions;

11. to establish and promulgate such rules and regulations as the

trust may deem necessary, convenient or desirable for the use and

operation of any facility, or part thereof, and for the use of any real

property developed or to be developed by or pursuant to an agreement

with it, including but not limited to rules and regulations governing

the conduct and safety of the public on such premises;

12. to make and execute such agreements, including without limitation,

instruments of conveyance and agreements with not-for-profit cultural

organizations with respect to the architectural and design

characteristics of any facility, as are necessary or convenient for the

exercise of its corporate powers and the fulfillment of its purposes;

and

13. to make loans in accordance with article twenty of this chapter.