§ 2049-D — Powers of the authority

§ 2049-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;\n 3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes;\n 4. To condemn, with the consent of the town board and the supervisor,\nin the name of the authority, pursuant to the eminent domain procedure\nlaw, any real property required by the authority to carry out the powers\ngranted by this title provided that condemnation of any real property\nnot located within the town shall require the consent of the board of\nthe town where such real property is located;\n 5. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle and deal with, in any lawful manner and way,\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or discovered, including any energy generated by the operation\nof any facility on such terms and in such manner as the authority may\ndeem proper;\n 6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons and to own and operate, maintain, repair,\nimprove, reconstruct, enlarge and extend, subject to the provisions of\nthis title, any of its projects acquired or constructed under this\ntitle, and to sell, lease, mortgage or otherwise dispose of any project\nor part thereof to any person or public corporation, subject to such\nconditions and limitations as the authority may determine to be in the\npublic interest;\n 7. To assist in the planning, development and construction of and the\nfinancing of the cost of any facility whether or not such facility is to\nbe owned or operated by the authority, which assistance may include\nloans to any person or public corporation;\n 8. To collect or receive from the United States, the state, the town,\nany other municipality or public corporation or person solid waste for\nthe purpose of treatment or disposal thereof, with the right of the\nauthority to sell and dispose of any products or by-products, including\nenergy, of such process of treatment or disposal, as the authority may\ndeem proper;\n 9. To contract with the town, other municipalities, state agencies,\npublic corporations or persons, for the purpose of collecting,\nreceiving, treating and disposing of solid waste, including, without\nlimitation, to contract with municipalities, state agencies, public\ncorporations or persons for the delivery of all solid waste generated\nwithin a stated area to a specific facility;\n 10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of the town, and to provide for the enforcement of\nsuch by-laws by legal or equitable proceedings which are or may be\nprovided or authorized by law. In addition, the town shall have power to\nprescribe under the town code that violations of specific by-laws of the\nauthority, including, without limitation, any failure to comply with any\nby-law requiring the payment of any fee or other charge by any person in\nconnection with the delivery of solid waste to any facility or any other\nuse of any facility by such person, shall constitute offenses or\ninfractions and provide for the punishment of violations thereof by\ncivil and criminal penalties;\n 11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n 12. To enter on any lands, waterways or premises for the purpose of\nmaking surveys, soundings and examinations, any liability for which\nshall not exceed actual damages;\n 13. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof;\n 14. To fix and collect rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, or any commodities\nfurnished by, the authority so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority;\n 15. 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 public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority; and\n 16. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n