§ 2053-E — Powers of the authority

§ 2053-e. 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.\nIn selecting the location for any real property to be acquired or\nleased, the authority shall give consideration to the present and any\nproposed land use character of the area in which such site is to be\nlocated and shall be subject to and exempt from the zoning laws or\nregulations, if any, otherwise generally applicable to such area to the\nsame extent that the county is subject to and exempt from the zoning\nlaws or regulations otherwise generally applicable to such area. The\nauthority shall not acquire or lease any interest in real property\nexcept upon compliance with the procedure set forth in section two\nthousand fifty-three-f of this title.\n 4. To condemn in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the county and required\nby the authority to carry out the powers granted by this title, subject\nto the provisions of section two thousand fifty-three-f of this title.\n 5. To collect, receive, transfer, transport, process, dispose of,\nsell, store, convey, recycle, compost, combust and deal with, in any\nlawful manner and way, solid waste and any products or by-products\nthereof now or hereafter developed or discovered, including any\nrecovered materials, compost or energy produced or generated by the\noperation of any solid waste management facility. Any such disposal or\nsale may be effected on such terms and in such manner as the authority\nmay deem proper.\n 6. To plan, develop and construct projects and to pay the cost thereof\nand to contract in relation thereto with municipalities or persons\nwithin or without the county 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, grant a security interest in,\npledge, encumber, or otherwise dispose of any project or part thereof to\nany person, municipality or public corporation, subject to such\nconditions and limitations as the authority may determine to be in the\npublic interest, and to apply for, hold and perform its obligations\nunder any permit, license, approval, or other legal entitlement which\nmay be required for its projects, services or exercise of powers.\n 7. To assist in the planning, development, construction and operation\nof and the financing of the cost of any solid waste management facility\nto be located in the county whether or not such solid waste management\nfacility is to be owned 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\ncounty, any other municipality or public corporation or person, subject\nto the limitations of section two thousand fifty-three-f of this title,\nsolid waste for the purpose of treatment or disposal thereof, with the\nright of the authority to sell and dispose of any products or\nby-products (including recovered materials, compost or energy) of such\nprocess of treatment or disposal, as the authority may deem proper.\n 9. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of receiving, treating and disposing of solid waste or for any\nother purpose authorized hereunder, including, without limitation, the\npower 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 solid waste management facility.\n 10. To make rules, regulations and by-laws pertaining to and governing\nthe management and regulation of its affairs and, subject to agreements\nwith bondholders, the use of any project or other property of the\nauthority and the provision of any service by the authority, which\nrules, regulations and by-laws and all amendments thereto, duly\ncertified by the secretary of the authority, shall be filed in the\noffice of the authority and in the office of the clerk of the county,\nand to provide for the enforcement of such rules, regulations and\nby-laws by legal or equitable proceedings which are or may be provided\nor authorized by law. In addition, the county legislature shall have\npower to prescribe that violations of specific rules, regulations and\nby-laws of the authority shall constitute violations and provide for the\nenforcement of violations thereof by civil penalties, including any such\nrules, regulations and by-laws requiring the payment of generator, user\nor hauler fees by any person in connection with the service or\navailability or service by any facility owned or under contract to the\nauthority.\n 11. With the consent of the county executive, to use officers or\nemployees of the county and to pay a proper portion of the compensation\nor costs for the services for such officers or employees.\n 12. To make contracts and to execute all necessary or convenient\nagreements, documents and instruments, including evidences of\nindebtedness, negotiable or non-negotiable.\n 13. 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 14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the right of the holders thereof.\n 15. To procure insurance, letters of credit, lines of credit, or other\ncredit enhancement with respect to its bonds or notes issued pursuant to\nthis title, or facilities for the payment of tenders of such bonds or\nnotes or facilities for the payment upon maturity of short-term notes\nnot renewed.\n 16. To enter into interest rate exchange or similar arrangements with\nany person under such terms and conditions as the authority may\ndetermine including, without limitation, provisions as to default or\nearly termination and indemnification by the authority or any other\nparty thereto for loss of benefits as a result thereof.\n 17. To fix and collect, as more fully set forth in section two\nthousand fifty-three-g of this title, rates, rentals, fees and other\ncharges for the use of the facilities of, or services provided by, or\nany commodities furnished by, the authority, and to contract with any\nmunicipality in respect thereto, so as to provide revenues sufficient at\nall times to pay, as the same shall become due, the principal and\ninterest on the bonds of the authority, together with the maintenance of\nproper reserves therefor, in addition to paying, as the same shall\nbecome due, the expenses of operating and maintaining the properties and\nbusiness of the authority and meeting all of its contractual and other\nobligations, together with proper reserves for debt service,\ndepreciation, maintenance and contingencies and all other obligations\nand indebtedness of the authority.\n 18. To enter into agreements, in its direction, to pay annual sums in\nlieu of taxes to any municipality in respect to any real property which\nis owned by the authority and located in such municipality, political\nsubdivision or taxing district.\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 public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority.\n 20. To covenant and consent that the interest on any of its bonds or\nnotes issued pursuant to this title shall be includible, under the\nUnited States Internal Revenue Code of 1986, as amended, or any\nsubsequent corresponding internal revenue law of the United States, in\ngross income of the holder of the bonds or notes to the same extent and\nin the same manner that the interest on bills, bonds, notes or other\nobligations of the United States is includible in the gross income of\nthe holders thereof under said Internal Revenue Code or any such\nsubsequent law.\n 21. To act as an agency, as such term is used in section two hundred\nfifty-one of the county law.\n 22. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities for the purposes of operating an animal shelter and\nproviding animal management services on behalf of one or more\nmunicipalities located in the county of Rockland pursuant to the\nagriculture and markets law and will be subject to regulation by the\ndepartment of agriculture and markets for the purposes of registration,\ninspection, and any oversight or regulation.\n 23. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n