Section 1226-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 board of water
      supply and any municipality  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.
        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, 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 employees as may be required  for  the
      performance  of  its  duties, to fix and determine their qualifications,
      duties and compensation, and to  retain  or  employ  counsel,  auditors,
      engineers  and  private consultants on a contract basis or otherwise for
      rendering 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, any municipality 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 or 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.
        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 clerk of each municipality within the service area.
        14. To enter into cooperative agreements with other  authorities,  the
      board  of  water supply, municipalities, 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 a  municipality
      within  the  service  area,  to  use  officers  and  employees  of  such
      municipality and to pay a proper portion of compensation  or  costs  for
      the services of such officers or employees.
        16.  For  the purposes of article fifteen-A of the executive law only,
      the authority shall be deemed a state agency as that  term  is  used  in
      such  article,  and its contracts for procurement, design, construction,
      services and materials  shall  be  deemed  state  contracts  within  the
      meaning of that term as set forth in such article.
        17.  To  do all things necessary, convenient or desirable to carry out
      its purposes and for the exercise of the powers granted in this title.