Section 1020-D. Powers of the authority  


Latest version.
  • The power conferred by this title
      shall be exercised by the members of the authority, subject to the terms
      of  this  title.  In  the  exercise  of those powers, either directly or
      through its officers and employees, the members  may  do  the  following
      things,  among  others,  and  the  following list of powers shall not be
      deemed complete or exclusive, or to deny the existence of other  powers,
      whether  similar  or different, so long as they are reasonably necessary
      for accomplishing the purposes declared and indicated in this title:
        1.  To  determine  the  location,  type,  size,  construction,  lease,
      purchase, ownership, acquisition, use and operation of any facilities or
      other structure or property, within or without the territorial limits of
      the district;
        2.  To  acquire on behalf and in the name of the authority, whether by
      agreement with and purchase from the owner  or  owners,  or  within  the
      district  by  eminent  domain, or by lease, the whole or any part of any
      existing facilities or of any other property which it is  authorized  to
      acquire  under this title; provided, however, that the authority may not
      acquire real property of a municipality or a  political  subdivision  of
      the  state  unless  such  municipality  or  political  subdivision shall
      consent thereto; and in connection with the purchase of such  properties
      the authority may assume any obligations of the owner of such properties
      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 restrictions contained
      in  such instruments; and furthermore the owner of any properties, which
      the authority is authorized to acquire, is hereby authorized to sell  or
      otherwise  transfer  the  same  to the authority. In the exercise of the
      power of eminent domain, as herein provided, the property being acquired
      shall be deemed, when so determined by the authority, to be for a public
      use;
        3. To  develop,  acquire,  construct,  reconstruct,  rehabilitate  and
      improve  facilities for the transmission or distribution of light, heat,
      power or any connected service;
        4. To maintain, operate and manage, and contract for the  maintenance,
      operation and management of properties of the authority;
        5.  To apply to the appropriate agencies and officials of the federal,
      state and local governments for such licenses, permits or approvals  for
      its  plans  and projects as it may deem necessary or advisable, and upon
      such terms and conditions as it may deem appropriate to accept,  in  its
      discretion, such licenses, permits or approvals as may be tendered to it
      by such agencies and officials;
        6.  To enter upon such lands, waters 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 damages done;
        7.  Subject  to  its  agreement  with  the village, to supply and sell
      light, heat and power and any connected services within the district, to
      fix rates and charges for the furnishing or rendition of light, heat  or
      power or of any connected service, and to collect through bills therefor
      the  revenues  derived  therefrom,  so  as  to  provide  revenues to the
      authority sufficient at all times to pay, as the same shall become  due,
      the  principal  of  and  interest on the bonds of the authority together
      with the maintenance of proper reserves therefor, in addition to  paying
      as  the  same  shall become due the expense of operating and maintaining
      the properties of  the  authority  together  with  proper  reserves  for
      maintenance, contingencies and all other obligations and indebtedness of
      the authority;
    
        8. To adopt, revise and amend bylaws for the management of its affairs
      and,  subject  to  agreements  with  bondholders,  rules for the sale of
      light, heat or power or of any connected service, and the collection  of
      rates  and  charges  therefor.  A copy of such rules and bylaws, and all
      amendments  thereto,  duly  certified by the secretary of the authority,
      shall be filed in the office of the clerk of the village;
        9. To  enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  utility  companies,  individuals, firms or corporations
      for the interconnection of facilities and the exchange of interchange or
      services and commodities, upon such terms and  conditions  as  shall  be
      determined to be reasonable;
        10.  To  execute  contracts,  borrow  money,  issue  bonds and sell or
      dispose of the same in such amounts and at such rates of interest as may
      be advisable;
        11. To appoint and remove a secretary and such clerical,  engineering,
      legal and other professional assistants as it may deem necessary for the
      purposes  of  this  title  and to fix their compensation, subject to the
      provisions of the civil service law;
        12. To appoint and remove all employees, to  transfer  employees  from
      their  positions  to  other positions and to consolidate or abolish such
      positions, subject to the provisions of the civil service law;
        13. To make any plans, studies or  investigation  which  it  may  deem
      necessary, convenient or desirable to enable it effectually to carry out
      the provisions of this title;
        14.  Within  ninety  days of the first sale of light, heat or power or
      any connected service, to promulgate regulations granting to residential
      customers, the protections afforded by article two of the public service
      law and section one hundred thirty-one-s of the social services law; and
        15. To do whatever may be necessary to give effect to the purposes  of
      this  title,  and  in  general  to  have  and  exercise all other powers
      necessary or incidental to the purposes of this title.
        * NB There are 2 § 1020-d's