2680-D - Powers of the authority.
§ 2680-d. 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 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; 4. To acquire, lease as lessee, hold and use by purchase, gift, grant, transfer, contract or lease 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. Any sale of real property shall be approved by the county legislature. In connection with the acquisition of any such property, the authority may assume any obligations of the owner of such property and, to the extent required by the terms of any indentures or other instruments under which such obligations were issued, the authority may assume and agree to perform covenants and observe the restrictions contained in such instruments; and furthermore the owner of the property which the authority is authorized to acquire is hereby authorized to sell or otherwise transfer the same to the authority, whereupon the authority shall become charged with the performance of all public duties with respect to such property with which such owner was charged and such owner shall become discharged from the performance thereof; 5. To develop, construct, operate, maintain, manage or contract for the development, construction, operation, maintenance or management of appropriate sports, recreational or cultural facilities and to allow the use of such facilities by athletic teams for the conduct of athletic events and activities related thereto and, in its discretion, other organized public use and to allow the use of such facilities by the residents of the county and its school districts for the organized use of its students, subject only to general rules for the use of such sports, recreation or cultural facilities and reasonable scheduling requirements; to contract for the operation and maintenance of the sports, recreation or cultural facility under its jurisdiction or for services to be performed in connection therewith; and to rent parts thereof and to grant concessions, all on such terms and conditions as it may determine; 6. To lease the project of the authority to the county or any other municipality in the county, or any instrumentality thereof, upon such terms and conditions as shall be determined by the authority, the county, the municipality or such instrumentality, as the case may be; 7. 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; 8. 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; 9. To obtain approval and permission prior to acquisition and construction from the county planning board and the applicable municipality affected by a project under consideration, such approval and permission is required prior to project commencement; 10. To enter upon such lands 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;11. 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 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; 12. To enter into cooperative agreements with other authorities, municipalities, district corporations, individuals or corporations, within or without the county, for any lawful purposes necessary or desirable to effect the purposes of this title upon such terms and conditions as shall be determined to be reasonable; 13. To make bylaws and rules for the management and regulation of its affairs and for the regulation of any project 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. A copy of such bylaws and rules, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the county clerk of the county and shall be published thereafter once in each of two newspapers having a general circulation in the county; 14. To fix rates and collect charges for the use of the project so as to provide revenues sufficient at all times to pay, as the same shall become due, the expense of operating and maintaining the project of the authority together with proper reserves for maintenance, contingencies and all other obligations and indebtedness of the authority; 15. With the consent of the chief executive officers of the municipalities within the service area, to use officers and employees of such municipalities and to pay a proper portion of compensation or costs for the services of such officers or employees; 16. To establish, fix, revise, charge, collect and enforce fees and charges for the use of such facilities so as to provide revenues which, together with other earnings of the sports, recreation or cultural facilities, if any, as the same shall become due, the expense of operating and maintaining the sports, recreation or cultural facility together with proper reserves for maintenance, contingencies and all other obligations and indebtedness of the authority; 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; 18. To pledge its revenues and mortgage any or all of its properties to secure the obligations of the authority; and 19. To establish and maintain such reserves, special funds and accounts, to be held in trust or otherwise, as may be required by any agreement with bondholders and any municipality.