§ 1020-D*2 — Powers of the authority

* § 1020-d. Powers of the authority. The power conferred by this title\nshall be exercised by the members of the authority, subject to the terms\nof this title. In the exercise of those powers, either directly or\nthrough its officers and employees, the members may do the following\nthings, among others, and the following list of powers shall not be\ndeemed complete or exclusive, or to deny the existence of other powers,\nwhether similar or different, so long as they are reasonably necessary\nfor accomplishing the purposes declared and indicated in this title:\n 1. To determine the location, type, size, construction, lease,\npurchase, ownership, acquisition, use and operation of any facilities or\nother structure or property, within or without the territorial limits of\nthe district;\n 2. To acquire on behalf and in the name of the authority, whether by\nagreement with and purchase from the owner or owners, or within the\ndistrict by eminent domain, or by lease, the whole or any part of any\nexisting facilities or of any other property which it is authorized to\nacquire under this title; provided, however, that the authority may not\nacquire real property of a municipality or a political subdivision of\nthe state unless such municipality or political subdivision shall\nconsent thereto; and in connection with the purchase of such properties\nthe authority may assume any obligations of the owner of such properties\nand, to the extent required by the terms of any indentures or other\ninstruments under which such obligations were issued, the authority may\nassume and agree to perform covenants and observe restrictions contained\nin such instruments; and furthermore the owner of any properties, which\nthe authority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority. In the exercise of the\npower of eminent domain, as herein provided, the property being acquired\nshall be deemed, when so determined by the authority, to be for a public\nuse;\n 3. To develop, acquire, construct, reconstruct, rehabilitate and\nimprove facilities for the transmission or distribution of light, heat,\npower or any connected service;\n 4. To maintain, operate and manage, and contract for the maintenance,\noperation and management of properties of the authority;\n 5. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals for\nits plans and projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n 6. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damages done;\n 7. Subject to its agreement with the village, to supply and sell\nlight, heat and power and any connected services within the district, to\nfix rates and charges for the furnishing or rendition of light, heat or\npower or of any connected service, and to collect through bills therefor\nthe revenues derived therefrom, so as to provide revenues to the\nauthority sufficient at all times to pay, as the same shall become due,\nthe principal of and interest on the bonds of the authority together\nwith the maintenance of proper reserves therefor, in addition to paying\nas the same shall become due the expense of operating and maintaining\nthe properties of the authority together with proper reserves for\nmaintenance, contingencies and all other obligations and indebtedness of\nthe authority;\n 8. To adopt, revise and amend bylaws for the management of its affairs\nand, subject to agreements with bondholders, rules for the sale of\nlight, heat or power or of any connected service, and the collection of\nrates and charges therefor. A copy of such rules and bylaws, and all\namendments thereto, duly certified by the secretary of the authority,\nshall be filed in the office of the clerk of the village;\n 9. To enter into cooperative agreements with other authorities,\nmunicipalities, utility companies, individuals, firms or corporations\nfor the interconnection of facilities and the exchange of interchange or\nservices and commodities, upon such terms and conditions as shall be\ndetermined to be reasonable;\n 10. To execute contracts, borrow money, issue bonds and sell or\ndispose of the same in such amounts and at such rates of interest as may\nbe advisable;\n 11. To appoint and remove a secretary and such clerical, engineering,\nlegal and other professional assistants as it may deem necessary for the\npurposes of this title and to fix their compensation, subject to the\nprovisions of the civil service law;\n 12. To appoint and remove all employees, to transfer employees from\ntheir positions to other positions and to consolidate or abolish such\npositions, subject to the provisions of the civil service law;\n 13. To make any plans, studies or investigation which it may deem\nnecessary, convenient or desirable to enable it effectually to carry out\nthe provisions of this title;\n 14. Within ninety days of the first sale of light, heat or power or\nany connected service, to promulgate regulations granting to residential\ncustomers, the protections afforded by article two of the public service\nlaw and section one hundred thirty-one-s of the social services law; and\n 15. To do whatever may be necessary to give effect to the purposes of\nthis title, and in general to have and exercise all other powers\nnecessary or incidental to the purposes of this title.\n * NB There are 2 § 1020-d's\n