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This entry was published on 2014-09-22
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General powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6
§ 1115-c. General powers of the authority. The authority shall have
the power:

1. To sue and be sued;

2. To have a seal and alter the same at pleasure;

3. To borrow money and issue bonds or other obligations and to provide
for the rights of the holders thereof;

4. To enter into contracts and to execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title;

5. To enter into agreements with the water board and the city for the
financing by the authority of projects as herein provided;

6. To acquire, by purchase, gift, grant, transfer, contract or lease
or by condemnation pursuant to the eminent domain procedure law, lease
as lessee, hold, and use any real or personal property or any interest
therein, as the authority may deem necessary, convenient or desirable to
carry out the purpose of this title, provided, however, the authority
may not condemn real property of the city, or of any municipal
corporation or district corporation, as such terms are defined in
section sixty-six of the general construction law, without the consent
of the city, or any such municipal corporation or district corporation,
as the case may be; and, provided, further however, that the authority
may not exercise the power of eminent domain with respect to real
property outside the city which is owned by any individual, partnership,
corporation (other than a municipal corporation or district
corporation), association, trust, or legal entity without the consent
of: (a) the governing body of a city, other than the city of Albany, if
such real property is wholly located within such city, or (b) the town
board if such real property is wholly located within such town, or (c)
the governing body of a city, other than the city of Albany, and the
town board if such real property is partly located within such city and
partly located within such town; and to sell, lease as lessor, transfer
and dispose of any property or interest therein at any time required by
it in the exercise of its powers;

7. To make and amend by-laws for its organization and internal
management, and rules and regulations governing the exercise of its
powers and the fulfillment of its purposes under this title. A copy of
such rules, regulations and by-laws, and all amendments thereto, duly
certified by the secretary of the authority shall be filed in the office
of the clerk of the city;

8. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals of
its plans or projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate, and to accept, in
its discretion, such licenses, permits or approvals as may be tendered
to it by such agencies and officials;

9. To appoint such officers and employees as are required for the
performance of its duties, and to fix and determine their
qualifications, duties and compensation subject to provisions of the
civil service law and the rules of the civil service commission of the
city, and to retain or employ counsel, auditors, engineers and private
consultants on a contract basis or otherwise for rendering professional
or technical services and advice;

10. To make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto;

11. To make use of existing studies, surveys, plans, data and other
material in the possession of any state agency, any municipality or the
water board in order to avoid duplication of effort;

12. To enter upon such lands, waters or premises as in the judgment of
the authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damage done;

13. To apply for and to accept any gifts or 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, or from the state
or any agency or instrumentality thereof or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof; and

14. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title;
provided that the authority shall not have power, within the city, to
collect rentals, charges, rates or fees from the owners of real
property, or the occupants of real property (other than the occupants of
premises owned or controlled by the authority), for services or
facilities furnished or supplied in connection with such real property,
if such services or facilities are of a character or nature then or
formerly furnished or supplied by the city.