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This entry was published on 2014-09-22
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SECTION 22.07
Special powers of the trust relating to assisting participating cultural institutions
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE E, ARTICLE 22
§ 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.