N.Y. Public Authorities Law § 3630: General powers of the corporation

§ 3630. General powers of the corporation. Except as limited by this

title, the public health law, the mental hygiene law, the social

services law, the education law, the civil practice law and rules, or

any other applicable law or regulation, the corporation shall have

power:

1. to sue and be sued and to participate in actions and proceedings,

whether judicial, administrative, or otherwise;

2. to have a seal and to alter such seal, and to use it by causing it

or a facsimile thereof to be affixed, impressed, or reproduced in any

other manner;

3. to borrow money and issue bonds for any of its corporate purposes

or its projects, or to refund the same, and to provide for the rights of

the holders thereof;

4. to make and alter by-laws for its organization and management 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;

5. to purchase, receive, take by grant, gift, devise, bequest, or

otherwise, lease, or otherwise acquire, own, hold, improve, employ, use,

and otherwise deal in and with, real or personal property, or any

interest therein, wherever situated;

6. to purchase, take, receive, subscribe for, or otherwise acquire,

own, hold, vote, employ, sell, lend, lease, exchange, transfer, or

otherwise dispose of, mortgage, pledge, use, and otherwise deal in and

with, bonds and other obligations, shares, or other securities or

interests issued by others, whether engaged in similar or different

business, governmental, or other activities;

7. to accept subventions from other persons or any unit of government;

8. to sell, convey, lease, exchange, transfer, or otherwise dispose

of, mortgage or pledge, or create a security interest in, all or any of

its property, or any interest therein, wherever situated, upon such

terms and conditions and in such manner as the corporation shall

determine;

9. to acquire by condemnation pursuant to the provisions of the

eminent domain procedure law any real property within Erie county

required by the corporation to carry out the powers granted by this

title with the approval of both the Erie county legislature and the

county executive;

10. to make capital contributions to other not-for-profit

corporations;

11. to offer participation in the New York state and local employees'

retirement system for all its officers and employees and to establish

and carry out other retirement plans authorized pursuant to the

retirement and social security law, which may be offered to all of its

officers and employees not participating in the New York state and local

employees' retirement system, and to establish and carry out other

incentive and benefit plans, trusts, and provisions for any or all of

its officers and employees, subject to the applicable provisions of

article fourteen of the civil service law;

12. to be a promoter, partner, member, associate, or manager of other

not-for-profit activities or business enterprises or ventures, or, to

the extent permitted in any other jurisdiction, to be an incorporator of

other corporations of any type or kind;

13. to make contracts, give guarantees, and incur liabilities, borrow

money at such rates of interest as the corporation may determine, issue

notes, bonds, and other obligations, and secure any of its obligations

by mortgage or pledge of all or any of its property or any interest

therein, wherever situated;

14. to issue bonds for any corporate purpose or project, to refund the

same, and to provide for the rights of holders thereof;

15. to accept gifts, grants, loans, or contributions of funds or

property or financial or other aid in any form from, and enter into

contracts or other transactions with, the federal government, the state,

or any public corporation or any other source, and to use any such

gifts, grants, loans, or contributions for any of its corporate

purposes;

16. to grant options to renew any lease with respect to any project or

projects and to grant options to buy any project at such price as the

corporation may deem desirable;

17. to lend money, invest and reinvest its funds, and take and hold

real and personal property as security for the payment of funds so lent

or invested;

18. to designate the depositories of its money;

19. to establish its fiscal year;

20. to conduct the activities of the corporation, have offices, and

exercise the powers granted by this title in any jurisdiction within or

without the United States;

21. to appoint such officers, employees, and agents as the corporation

may require for the performance of its duties and to fix and determine

their qualifications, duties, and compensation, subject to the

provisions of the civil service law and any applicable collective

bargaining agreement, and to retain or employ counsel, auditors,

engineers, and private consultants on a contract basis or otherwise for

rendering professional, management, or technical services and advice;

22. to use employees, agents, consultants, and facilities of the

county, paying the county its agreed proportion of the compensation or

costs pursuant to an agreement with the county;

23. to make and adopt plans, surveys, and studies necessary,

convenient, or desirable to the effectuation of the purposes and powers

of the corporation and to prepare recommendations in regard thereto;

24. except as limited by state law or regulation, to fix and collect

rates, rentals, fees, lease payments, and other charges for the services

rendered by it or for the use of the facilities owned, controlled, or

administered by or in the exercise of the powers of the corporation;

25. to enter upon such lands, waters, or premises as in the judgment

of the corporation may be necessary, convenient, or desirable for the

purpose of making surveys, soundings, borings, and examinations to

accomplish any purpose authorized by this title, the corporation being

liable for actual damage done;

26. the corporation may covenant and consent that the interest on any

of its bonds or notes issued pursuant to this title shall be includable,

under the United States Internal Revenue Code of 1986, as amended (the

"code") or any subsequent corresponding internal revenue law of the

United States, in gross income of the holders of the bonds or notes to

the same extent and in the same manner that the interest on bills,

bonds, notes, or other obligations of the United States is includable in

the gross income of the holders thereof under the code or any such

subsequent law;

27. to make, adopt, amend, enforce, and repeal rules for its

governance and internal management and personnel practices, subject to

article fourteen of the civil service law, where applicable;

28. 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, including the

interest rate risk for obligations it issues bearing interest at a

floating or otherwise adjustable rate which prevents the actual rate

over the term of the debt from being ascertained at the date of its

incurrence, and including the power to make any payments with respect

thereto; and

29. to do all things necessary, convenient, or desirable, including

ancillary and incidental activities, to carry out its purposes and for

the exercise of the powers granted in this title.