Section 1147-E. Powers of the authority  


Latest version.
  • The authority shall have power:
        1.  To prepare or cause to be prepared plans, designs and estimates of
      costs for the construction of the project, and from time to time  modify
      such plans, designs or estimates.
        2.  To  construct  the  project  and  any  additions,  betterments and
      extensions to the facilities of the authority by contract or  contracts,
      or through or by means of its own officers, agents and employees.
        3.  To  have  jurisdiction, control, possession and supervision of any
      existing sewer system acquired by the  authority  and  the  project;  to
      maintain,  operate,  reconstruct and improve the same as a comprehensive
      sewerage system  and  to  make  additions,  betterments  and  extensions
      thereto,  and  to  have  all  the  rights,  privileges  and jurisdiction
      necessary  or  proper  for  carrying  such  power  into  execution.   No
      enumeration of powers in this or any other general, special or local law
      shall  operate to restrict the meaning of this general grant of power or
      to exclude other powers comprehended within this general grant.
        4. To sue and be sued.
        5. To have a seal and alter the same at pleasure.
        6. To  borrow  money  and  issue  negotiable  notes,  bonds  or  other
      obligations and provide for the rights of the holders thereof.
        7.  To  enter  into contracts and execute all instruments necessary or
      convenient or desirable for the purposes of the authority to  carry  out
      any powers expressly given it in this title.
        8.  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  and  to  sell, lease as lessor, transfer or
      otherwise dispose of, any real or  personal  property  or  any  interest
      therein,  within  or  without  the  district,  as the authority may deem
      necessary, convenient or desirable to carry out  the  purposes  of  this
      title;  provided,  however,  that  the  authority  may  not condemn real
      property of a municipality without the consent of the governing body  of
      such municipality.
        9.  To  purchase  in  the  name  of  the  authority, any sewer system,
      including but not limited to trunk, intercepting and connecting, lateral
      and  outlet  sewers,  pumping  and  ventilating  stations,  disposal  or
      treatment plants or works, and other appliances and structures, which in
      the judgment of the authority will provide an effective and advantageous
      means  of  relieving  the  area  within  the  bounds  of  the authority,
      including surface and ground waters from  inadequate  sanitary  drainage
      and  for  the  sanitary  disposal or treatment of the sewage thereof, or
      such sections or parts of such system as the authority may from time  to
      time deem it proper or convenient.
        10.  To  construct, improve or rehabilitate sewage disposal facilities
      and appurtenances required for the maintenance, development or expansion
      of the sewage disposal system within the bounds of the authority.
        11. To operate and manage  and  to  contract  for  the  operation  and
      management of facilities of the authority.
        12.  To enter into contracts, and carry out the terms thereof, for the
      wholesale provision of sewerage disposal with municipalities and private
      individuals or corporations.
        13. To apply to the appropriate agencies and officials of the federal,
      state and local governments for such licenses, permits  or  approval  of
      its  plans  or  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.
        14.  To take all necessary and reasonable actions within the bounds of
      the authority to protect from pollution surface and ground waters within
    
      the district, including the making of plans and studies, the adoption of
      rules and regulations relating to the disposal of sewage, the  enforcing
      of  compliance  with all current and future rules and regulations of the
      state sanitary code with regard to sewage disposal, and the providing of
      educational  materials  and  programs  to  the public relating to sewage
      disposal.
        15. To retain or  employ  counsel,  auditors,  engineers  and  private
      consultants  on a contract basis or otherwise for rendering professional
      or technical services and advice.
        16. 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.
        17. To make by-laws for the management and regulation of  its  affairs
      and  rules  and  regulations  for  the  conservation,  preservation  and
      protection of the authority's property, facilities  and  personnel  and,
      subject  to  agreements with bondholders, rules, regulations and by-laws
      relating to the use of the facilities of the authority, including use of
      the sewer system including the imposition and collection  of  rents  and
      charges  therefor. A copy of each rule or regulation and each by-law and
      all  amendments  thereto,  duly  certified  by  the  secretary  of   the
      authority, shall be filed in the office of the municipalities within the
      district  and  thereafter a summary thereof shall be published once in a
      newspaper having general circulation in the district. Such notice  shall
      state  that a copy of such rule or regulation, by-law or amendment is on
      file in the office of each municipality in the  district  and  available
      for  public  review.   Violations of such rules and regulations shall be
      punishable by fine, not exceeding fifty dollars.
        18. To fix rates and collect charges for the use of the facilities of,
      or services rendered by, or any commodities furnished by  the  authority
      such  as to provide revenues sufficient at all times to pay, as the same
      shall become due, the principal and interest  on  the  bonds,  or  other
      obligations  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  maintenance  reserves,  capital reserves, repair
      reserves, and other contingency reserves, and all other obligations  and
      indebtedness  of  the authority; however, no such rates or charges shall
      be changed until a public hearing on such changes shall have  been  held
      upon not less than fourteen days notice thereof to each customer, either
      by mail or by publication once in a newspaper having general circulation
      within the bounds of the authority.
        19.  To  accept  gifts, grants, loans or contributions from the United
      States, the state or any agency or instrumentality of either of them, or
      any municipality or from  any  person  or  corporation,  by  bequest  or
      otherwise, and to expend the proceeds for the purposes of the authority.
        20.  To  contract  with any town or village wholly or partially within
      the bounds of the authority for the purpose of undertaking or paying for
      any capital improvements made by the authority or its  agents  and  such
      contract may provide, among other things consistent with the purposes of
      this  title,  (a)  that any town, acting on behalf of any sewer district
      within the bounds of the authority, shall pay the districts agreed share
      of the cost of such capital improvements and such town  shall  have  the
      authority  to  levy  and  collect special assessments upon real property
      within that area of the town which is benefited by such sewer facilities
      and pay such assessments to the authority as provided in such  contract,
      and  (b)  that  any village within the bounds of the authority shall pay
      its agreed share of the cost  of  such  capital  improvements  and  such
      village shall have the authority to levy and collect special assessments
    
      upon  real  property within the village which is benefited by such sewer
      facilities and pay such special assessments to the authority as provided
      in such contract. In order to carry out the terms of any  such  contract
      each  town  board  shall  have the authority to levy special assessments
      upon the lands benefited in the same manner as special  assessments  are
      levied  for  district  improvements  within  a  town  and  each board of
      trustees shall have the authority to levy special assessments  upon  the
      lands  benefited  in  the  manner  provided  in  article fourteen of the
      village law.
        21. To enter  into  cooperative  agreements  with  other  authorities,
      municipalities,  sewer  districts  and other public corporations for the
      interconnection of facilities, the exchange or interchange  of  services
      and  commodities  and,  within  the territorial limits of the authority,
      enter into contracts for the construction and operation and  maintenance
      of  all or a portion of the sewer system, upon such terms and conditions
      as shall be determined to be reasonable including but not limited to the
      reimbursement of all costs of such construction, or for any other lawful
      purposes necessary or desirable to effect the purposes of this title.
        22. 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.
        23.  For  the  purposes of article fifteen-A of the executive law only
      the authority shall be deemed a state agency as that term is defined  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.
        24.  To  do all things necessary or convenient to carry out the powers
      expressly given in this title.