New York Laws
Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority
1943 - Powers of the Authority.

§ 1943. Powers of the authority. Except as otherwise limited by this
title, 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, notes or other obligations for its
corporate purposes 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 to it in this title.

5. 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 property, real, personal or mixed or any
interest therein constituting or for use in connection with the
auditorium, as the authority may deem necessary, convenient or desirable
to carry out the purpose of this title and, subject to any limitations
in any agreement entered into pursuant to this title, to sell, lease as
lessor, transfer or otherwise dispose of any such property or interest
therein. 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 any 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.

6. To develop, construct, operate, maintain and manage or contract for
the operation, maintenance or management of, or for services to be
performed in connection with, the auditorium; to allow the use of the
auditorium for the conduct of professional and amateur athletic events,
entertainment, cultural and artistic events and, or, civic events and
activities related thereto; and to rent parts thereof and to grant
concessions, all on such terms and conditions as the authority may
determine.

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 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 appoint such officers and employees as are required for the
performance of its duties, to fix and determine their qualifications,
duties and compensation, 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.

9. 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.

10. To enter upon such lands or premises as in the judgment of the
authority shall be necessary for the purpose of making surveys,
sounding, boring 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 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.

12. To make and amend by-laws for its organization and management and
regulation of its affairs 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 county clerk.

13. To enter into cooperative agreements with other authorities, with
municipalities, individuals, or corporations, within or without the
service area, for any lawful purposes necessary or desirable to effect
the purposes of this title upon such terms and conditions as the
authority shall be determined to be reasonable.

14. With the consent of the chief executive officer of 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.

15. To establish, fix, revise, charge, collect and enforce fees and
charges for the use of the auditorium so as to provide revenues which,
together with other earnings of the auditorium, if any, are at least
sufficient at all times to pay, as the same shall become due, the
expense of operating and maintaining the auditorium together with proper
reserves for maintenance, contingencies and all other obligations and
indebtedness of the authority.

16. To pledge its revenues and mortgage any or all of its properties
to secure the obligations of the authority.

17. 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, or, any municipality.

18. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for procurement, design, construction,
services, and materials shall be deemed state contracts within the
meaning of that term as set forth in such article.

19. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.