§ 1230-D — Powers of the authority

New York § 1230-D

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 10-B: Niagara Falls Public Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1230-d. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued.\n 2. To have a seal and alter the same at pleasure.\n 3. To borrow money and issue bonds or other obligations for its\ncorporate purposes and to provide for the rights of the holders thereof.\n 4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given to it in this title.\n 5. To enter into agreements with the water board, the city, any other\nmunicipality, the state, and any other person for the financing by the\nauthority of projects as herein provided.\n 6. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any property, real, personal or mixed or any\ninterest therein, as the authority may deem necessary, convenient or\ndesirable to carry out the purpose of this title, provided, however, the\nauthority shall not have the power to condemn property of the water\nboard, the city, or any other municipality.\n 7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments, any municipality, for such licenses,\npermits or approvals of its plans or projects as it may deem necessary\nor advisable, and upon such terms and conditions as it may deem\nappropriate, and to accept, in its discretion, such licenses, permits or\napprovals as may be tendered to it by such agencies and officials.\n 8. To appoint such officers and agents as may be required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, subject to the provisions of the civil service\nlaw and the rules of the civil service commission of the city, and to\nretain or employ counsel, auditors, engineers, private consultants and\nother independent contractors on a contractual or otherwise for\nrendering management, professional or technical services and advice.\n 9. 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 10. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, the city, any\nmunicipality, any person or the water board in order to avoid\nduplication of effort.\n 11. 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 damage done.\n 12. To apply for and to accept any gifts, grants, loans of funds or\nproperty, or financial or other aid, in any form, from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof.\n 13. To make and amend by-laws for its organization and management and\nregulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle. A copy of such rules, regulations and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the city clerk and secretary of the water board.\n 14. To enter into cooperative agreements with the state, any state\nagency, the city, any municipality, utility companies, individuals, or\ncorporations, within or without the service area, for any lawful\npurposes necessary or desirable to effect the purposes of this title\nupon such terms and conditions as shall be determined to be reasonable.\n 15. With the consent of the chief executive officer of the city or a\nmunicipality within the service area, to use officers and employees of\nthe city or municipality and to pay a proper portion of compensation or\ncosts for the services rendered to the authority by such officers or\nemployees.\n 16. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title\nprovided that the authority shall not have power, within the city, to\ncollect rentals, charges, rates or fees from the owners of real\nproperty, or the occupants of real property (other than the occupants of\npremises owned or controlled by the authority), for services or\nfacilities furnished or supplied in connection with such real property,\nif such services or facilities are of a character or nature then or\nformerly furnished or supplied by the city.\n