Section 1230-D. Powers of the authority  


Latest version.
  • 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  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 enter into agreements with the water board, the city, any other
      municipality, the state, and any other person for the financing  by  the
      authority of projects as herein provided.
        6. 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,  as  the  authority may deem necessary, convenient or
      desirable to carry out the purpose of this title, provided, however, the
      authority shall not have the power to  condemn  property  of  the  water
      board, the city, or any other municipality.
        7.  To apply to the appropriate agencies and officials of the federal,
      state and  local  governments,  any  municipality,  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  appoint  such  officers  and agents as may be required for the
      performance of its duties, to fix and  determine  their  qualifications,
      duties  and compensation, subject to the provisions of the civil service
      law and the rules of the civil service commission of the  city,  and  to
      retain  or  employ counsel, auditors, engineers, private consultants and
      other  independent  contractors  on  a  contractual  or  otherwise   for
      rendering management, 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  make  use of existing studies, surveys, plans, data and other
      material  in  the  possession  of  any  state  agency,  the  city,   any
      municipality,   any  person  or  the  water  board  in  order  to  avoid
      duplication of effort.
        11. 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 damage done.
        12.  To  apply  for and to accept any gifts, grants, 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.
        13.  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 city clerk and secretary of the water board.
        14. To enter into cooperative agreements with  the  state,  any  state
      agency,  the  city, any municipality, utility companies, 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 shall be determined to be reasonable.
        15.  With  the consent of the chief executive officer of the city or a
      municipality within the service area, to use officers and  employees  of
      the  city or municipality and to pay a proper portion of compensation or
      costs for the services rendered to the authority  by  such  officers  or
      employees.
        16.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted  in  this  title
      provided  that  the  authority shall not have power, within the city, to
      collect rentals,  charges,  rates  or  fees  from  the  owners  of  real
      property, or the occupants of real property (other than the occupants of
      premises  owned  or  controlled  by  the  authority),  for  services  or
      facilities furnished or supplied in connection with such real  property,
      if  such  services  or  facilities  are of a character or nature then or
      formerly furnished or supplied by the city.