2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 10-B - Upper Mohawk Valley Memorial Auditorium Authority › 1944 - Appropriations for Purposes of the Authority; Transfer of Property to the Authority; Acquisition of Property by Municipality for Authority; Contracts

§  1944.  Appropriations  for  purposes  of the authority; transfer of
  property to the authority; acquisition of property by  municipality  for
  authority;  contracts  with municipality.   1. In addition to any powers
  granted to  it  by  law,  any  municipality  may,  from  time  to  time,
  appropriate by resolution sums of money for purposes of the authority to
  defray auditorium costs or any other costs and expenses of the authority
  or  to pay amounts payable or anticipated to be payable to the authority
  pursuant to any agreement authorized  by  this  title.  Subject  to  the
  rights  of bondholders, such municipality may determine if the moneys so
  appropriated shall be subject to repayment by the authority and, in such
  event, the manner and time or times for such repayment.
2. Any municipality may give, grant, sell, convey, loan or license the
  use of or lease to the authority any property, real, personal or  mixed,
  which  is useful to the authority in order to carry out its powers under
  this title. Any such transfer of property shall be  for  such  term  and
  upon such terms and conditions, subject to the rights of bondholders, as
  the  authority  and such municipality may agree, including provision for
  the authority to assume the primary responsibility for  the  payment  of
  any bonds or notes issued by such municipality for such property.
3.  Notwithstanding  the provisions of any other law, general, special
  or local to the contrary, real property acquired by the authority or any
  municipality from the state may be used for any corporate purpose of the
  authority.
4. One or more municipality and/or the authority shall have the  power
  to contract, from time to time, between or among themselves, in relation
  to  the  auditorium  which  contracts  may  include  any  or  all of the
  following provisions: (i) requiring the use by any municipality  of  the
  auditorium;  (ii)  limiting  the  right, including a prohibition, of any
  municipality to construct a facility  which  will  serve  the  same,  or
  substantially  the same, function as the auditorium; (iii) requiring the
  authority to reserve time in the auditorium to assure  the  availability
  to any municipality of a specified use of the auditorium; (iv) providing
  for  specified  minimum  periodic  payments  by  a  municipality  to the
  authority, whether or  not  the  auditorium  is  actually  used  by  the
  municipality,  subject  to  such  limitations, exceptions and provisions
  therein, and (v) requiring any municipality to pay to the authority such
  amounts as shall be necessary to assure the continued operation  of  the
  authority. All such payments shall be determined and paid in such manner
  and at such times as may be provided in such contracts.
5.  Any  gift,  grant,  sale,  conveyance,  loan,  contract  or  lease
  authorized  by  this  section  may  be  made  or  entered  into  by  any
  municipality  and/or  the authority without a public hearing being first
  held therein and no such gift, grant, sale, conveyance,  loan,  contract
  or lease shall be subject to referendum, permissive or otherwise.
6.  Notwithstanding  the  provisions  of  any law, general, special or
  local,  or  charter  provision  to  the  contrary,  the  city,  by   the
  affirmative  vote  of  not  less  than  a  majority of the entire voting
  strength of the board of estimate of said city, may sell or transfer, by
  deed, lease or other arrangement, to the authority the  auditorium.  Any
  such  agreement  of  sale  or  transfer  shall  be  upon  such terms and
  conditions as the governing body of said  city  and  the  authority  may
  agree.