Section 1232-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 and to provide
      for the rights of the holders thereof;
        4.  To  finance  or  refinance  the acquisition, design, construction,
      reconstruction, rehabilitation and improvement, or otherwise provide and
      furnish and equip facilities for the county, provided, however, that the
      county shall have requested such financing or refinancing;
        5. To enter into contracts and to execute all  instruments  necessary,
      convenient  or  desirable for the purposes of the authority to carry out
      any powers expressly given it in this title;
        6. To acquire, by purchase, gift, grant, transfer, contract or  lease,
      lease  as  lessee,  hold,  use,  and  lease as lessor, sell or otherwise
      convey any real or personal property or any  interest  therein,  as  the
      authority  may  deem necessary, convenient or desirable to carry out the
      purpose of this title; provided however, that any sale or lease  by  the
      authority must be approved by the county legislature unless the proceeds
      therefrom are used to pay debt service on authority bonds. In connection
      with  the purchase or lease of such properties, the authority may assume
      any obligations of the owner of such properties or  facilities  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; provided that any acquisition of any real or  personal
      property  or  any interest therein from the county or any county agency,
      entity or subsidiary shall occur for no  consideration  or  compensation
      greater  than  the  amount  necessary to defease obligations outstanding
      with respect to such property;
        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 or projects as it may deem necessary or advisable,  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 apply for and to accept any gifts, 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;
        9. To enter into agreements with the county, the state, or  any  other
      person  for  the  financing  by  the  authority  of  projects  as herein
      provided; and
        10. To do all  things  necessary,  convenient  or  desirable  for  the
      exercise of the powers granted in this title.
        In  accordance  with  the legislative intent, nothing contained within
      this title shall be construed to affect, alter or  modify  the  county's
      responsibility:  (a)  to provide sewerage services, (b) to provide storm
      water services and (c) to collect moneys generated from charges  by  the
      county  related  to  the provision of sewerage and storm water resources
      services.