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This entry was published on 2014-09-22
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SECTION 3404
General powers of the corporation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-C, TITLE 2
§ 3404. General powers of the corporation. Subject to this title, the
civil practice law and rules, the public health law, the mental hygiene
law, the social services law, the education law or any other applicable
law or regulation, the corporation shall have 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 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. (a) to acquire by purchase, grant, lease, gift, or otherwise and to
hold and use property necessary, convenient or desirable to carry out
its corporate purposes, and to sell, convey, mortgage, lease, pledge,
exchange or otherwise dispose of any such property in such manner as the
corporation shall determine;

(b) to acquire by condemnation pursuant to the provisions of the
eminent domain procedure law any real property within Nassau county
required by the corporation to carry out the powers granted by this
title with the approval of both the county legislature and the county
executive;

6. to acquire, construct, lease, expand, improve, maintain, equip,
furnish, operate one or more projects and, if necessary, to pay or
finance the cost thereof;

7. 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,
the county or any public corporation or any other source, and to use any
such gifts, grants, loans or contributions for any of its corporate
purposes;

8. 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;

9. to designate the depositories of its money;

10. to establish its fiscal year;

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

12. 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;

13. 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;

14. 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;

15. except where otherwise provided by law or regulation, to fix and
collect rates, rentals, fees and other charges for the services rendered
by or for use of the facilities or in the exercise of the powers of the
corporation;

16. 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;

17. 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

18. 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.