§ 1147-E — Powers of the authority

§ 1147-e. Powers of the authority. The authority shall have power:\n 1. To prepare or cause to be prepared plans, designs and estimates of\ncosts for the construction of the project, and from time to time modify\nsuch plans, designs or estimates.\n 2. To construct the project and any additions, betterments and\nextensions to the facilities of the authority by contract or contracts,\nor through or by means of its own officers, agents and employees.\n 3. To have jurisdiction, control, possession and supervision of any\nexisting sewer system acquired by the authority and the project; to\nmaintain, operate, reconstruct and improve the same as a comprehensive\nsewerage system and to make additions, betterments and extensions\nthereto, and to have all the rights, privileges and jurisdiction\nnecessary or proper for carrying such power into execution. No\nenumeration of powers in this or any other general, special or local law\nshall operate to restrict the meaning of this general grant of power or\nto exclude other powers comprehended within this general grant.\n 4. To sue and be sued.\n 5. To have a seal and alter the same at pleasure.\n 6. To borrow money and issue negotiable notes, bonds or other\nobligations and provide for the rights of the holders thereof.\n 7. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title.\n 8. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use and to sell, lease as lessor, transfer or\notherwise dispose of, any real or personal property or any interest\ntherein, within or without the district, as the authority may deem\nnecessary, convenient or desirable to carry out the purposes of this\ntitle; provided, however, that the authority may not condemn real\nproperty of a municipality without the consent of the governing body of\nsuch municipality.\n 9. To purchase in the name of the authority, any sewer system,\nincluding but not limited to trunk, intercepting and connecting, lateral\nand outlet sewers, pumping and ventilating stations, disposal or\ntreatment plants or works, and other appliances and structures, which in\nthe judgment of the authority will provide an effective and advantageous\nmeans of relieving the area within the bounds of the authority,\nincluding surface and ground waters from inadequate sanitary drainage\nand for the sanitary disposal or treatment of the sewage thereof, or\nsuch sections or parts of such system as the authority may from time to\ntime deem it proper or convenient.\n 10. To construct, improve or rehabilitate sewage disposal facilities\nand appurtenances required for the maintenance, development or expansion\nof the sewage disposal system within the bounds of the authority.\n 11. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority.\n 12. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of sewerage disposal with municipalities and private\nindividuals or corporations.\n 13. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approval of\nits plans or 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 14. To take all necessary and reasonable actions within the bounds of\nthe authority to protect from pollution surface and ground waters within\nthe district, including the making of plans and studies, the adoption of\nrules and regulations relating to the disposal of sewage, the enforcing\nof compliance with all current and future rules and regulations of the\nstate sanitary code with regard to sewage disposal, and the providing of\neducational materials and programs to the public relating to sewage\ndisposal.\n 15. To retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice.\n 16. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto.\n 17. To make by-laws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's property, facilities and personnel and,\nsubject to agreements with bondholders, rules, regulations and by-laws\nrelating to the use of the facilities of the authority, including use of\nthe sewer system including the imposition and collection of rents and\ncharges therefor. A copy of each rule or regulation and each by-law and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the municipalities within the\ndistrict and thereafter a summary thereof shall be published once in a\nnewspaper having general circulation in the district. Such notice shall\nstate that a copy of such rule or regulation, by-law or amendment is on\nfile in the office of each municipality in the district and available\nfor public review. Violations of such rules and regulations shall be\npunishable by fine, not exceeding fifty dollars.\n 18. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due,\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, and other contingency reserves, and all other obligations and\nindebtedness of the authority; however, no such rates or charges shall\nbe changed until a public hearing on such changes shall have been held\nupon not less than fourteen days notice thereof to each customer, either\nby mail or by publication once in a newspaper having general circulation\nwithin the bounds of the authority.\n 19. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person or corporation, by bequest or\notherwise, and to expend the proceeds for the purposes of the authority.\n 20. To contract with any town or village wholly or partially within\nthe bounds of the authority for the purpose of undertaking or paying for\nany capital improvements made by the authority or its agents and such\ncontract may provide, among other things consistent with the purposes of\nthis title, (a) that any town, acting on behalf of any sewer district\nwithin the bounds of the authority, shall pay the districts agreed share\nof the cost of such capital improvements and such town shall have the\nauthority to levy and collect special assessments upon real property\nwithin that area of the town which is benefited by such sewer facilities\nand pay such assessments to the authority as provided in such contract,\nand (b) that any village within the bounds of the authority shall pay\nits agreed share of the cost of such capital improvements and such\nvillage shall have the authority to levy and collect special assessments\nupon real property within the village which is benefited by such sewer\nfacilities and pay such special assessments to the authority as provided\nin such contract. In order to carry out the terms of any such contract\neach town board shall have the authority to levy special assessments\nupon the lands benefited in the same manner as special assessments are\nlevied for district improvements within a town and each board of\ntrustees shall have the authority to levy special assessments upon the\nlands benefited in the manner provided in article fourteen of the\nvillage law.\n 21. To enter into cooperative agreements with other authorities,\nmunicipalities, sewer districts and other public corporations for the\ninterconnection of facilities, the exchange or interchange of services\nand commodities and, within the territorial limits of the authority,\nenter into contracts for the construction and operation and maintenance\nof all or a portion of the sewer system, upon such terms and conditions\nas shall be determined to be reasonable including but not limited to the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title.\n 22. 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 23. For the purposes of article fifteen-A of the executive law only\nthe authority shall be deemed a state agency as that term is defined in\nsuch article and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n 24. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n