§ 858. Purposes and powers of the agency. The purposes of the agency\nshall be to promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing industrial, manufacturing, warehousing, commercial, research,\nrenewable energy and recreation facilities including industrial\npollution control facilities, educational or cultural facilities,\nrailroad facilities, horse racing facilities, automobile racing\nfacilities, renewable energy projects and continuing care retirement\ncommunities, provided, however, that, of agencies governed by this\narticle, only agencies created for the benefit of a county and the\nagency created for the benefit of the city of New York shall be\nauthorized to provide financial assistance in any respect to a\ncontinuing care retirement community, and thereby advance the job\nopportunities, health, general prosperity and economic welfare of the\npeople of the state of New York and to improve their recreation\nopportunities, prosperity and standard of living; and to carry out the\naforesaid purposes, each agency shall have the following powers:\n (1) To sue and be sued;\n (2) To have a seal and alter the same at pleasure;\n (3) To acquire, hold and dispose of personal property for its\ncorporate purposes;\n (4) To acquire by purchase, grant, lease, gift, pursuant to the\nprovisions of the eminent domain procedure law, or otherwise and to use,\nreal property or rights or easements therein necessary for its corporate\npurposes in compliance with the local zoning and planning regulations\nand shall take into consideration regional and local comprehensive land\nuse plans and state designated heritage area management plans, and to\nsell, convey, mortgage, lease, pledge, exchange or otherwise dispose of\nany such property in such manner as the agency shall determine. In the\ncase of railroad facilities, however, the phrase to use real property or\nrights or easements therein shall not be interpreted to include\noperation by the agency of rail service upon or in conjunction with such\nfacilities.\n (5) To make by-laws for the management and regulation of its affairs\nand, subject to agreements with its bondholders, for the regulation of\nthe use of a project or projects.\n (6) With the consent of the municipality, to use agents, employees and\nfacilities of the municipality, paying the municipality its agreed\nproportion of the compensation or costs;\n (7) To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation and to pay the same out of\nfunds of the agency, provided, however, that an elected officer of the\nmunicipality may not serve as a compensated officer, agent or employee\nof the agency;\n (8) (a) To appoint an attorney, who may be the counsel of the\nmunicipality, and to fix the attorney's compensation for services which\nshall be payable to the attorney, and to retain and employ private\nconsultants for professional and technical assistance and advice;\n (b) An attorney acting as bond counsel for a project must file with\nthe agency a written statement in which the attorney identifies each\nparty to the transaction which such attorney represents. If bond counsel\nprovides any legal services to parties other than the agency the written\nstatement must describe the nature of legal services provided by such\nbond counsel to all parties to the transaction, including the nature of\nthe services provided to the agency.\n (9) To make contracts and leases, and to execute all instruments\nnecessary or convenient to or with any person, firm, partnership or\ncorporation, either public or private; provided, however, that any\nextension of an existing contract, lease or other agreement entered into\nby an agency with respect to a project shall be guided by the provisions\nof this article;\n (10) To acquire, construct, reconstruct, lease, improve, maintain,\nequip or furnish one or m
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