Legislation
SECTION 1020-D*2
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A*
* § 1020-d. Powers of the authority. The power conferred by this title
shall be exercised by the members of the authority, subject to the terms
of this title. In the exercise of those powers, either directly or
through its officers and employees, the members may do the following
things, among others, and the following list of powers shall not be
deemed complete or exclusive, or to deny the existence of other powers,
whether similar or different, so long as they are reasonably necessary
for accomplishing the purposes declared and indicated in this title:
1. To determine the location, type, size, construction, lease,
purchase, ownership, acquisition, use and operation of any facilities or
other structure or property, within or without the territorial limits of
the district;
2. To acquire on behalf and in the name of the authority, whether by
agreement with and purchase from the owner or owners, or within the
district by eminent domain, or by lease, the whole or any part of any
existing facilities or of any other property which it is authorized to
acquire under this title; provided, however, that the authority may not
acquire real property of a municipality or a political subdivision of
the state unless such municipality or political subdivision shall
consent thereto; and in connection with the purchase of such properties
the authority may assume any obligations of the owner of such properties
and, to the extent required by the terms of any indentures or other
instruments under which such obligations were issued, the authority may
assume and agree to perform covenants and observe restrictions contained
in such instruments; and furthermore the owner of any properties, which
the authority is authorized to acquire, is hereby authorized to sell or
otherwise transfer the same to the authority. In the exercise of the
power of eminent domain, as herein provided, the property being acquired
shall be deemed, when so determined by the authority, to be for a public
use;
3. To develop, acquire, construct, reconstruct, rehabilitate and
improve facilities for the transmission or distribution of light, heat,
power or any connected service;
4. To maintain, operate and manage, and contract for the maintenance,
operation and management of properties of the authority;
5. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals for
its plans and projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate to accept, in its
discretion, such licenses, permits or approvals as may be tendered to it
by such agencies and officials;
6. To enter upon such lands, waters or premises as in the judgment of
the authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damages done;
7. Subject to its agreement with the village, to supply and sell
light, heat and power and any connected services within the district, to
fix rates and charges for the furnishing or rendition of light, heat or
power or of any connected service, and to collect through bills therefor
the revenues derived therefrom, so as to provide revenues to the
authority sufficient at all times to pay, as the same shall become due,
the principal of and interest on the bonds of the authority together
with the maintenance of proper reserves therefor, in addition to paying
as the same shall become due the expense of operating and maintaining
the properties of the authority together with proper reserves for
maintenance, contingencies and all other obligations and indebtedness of
the authority;
8. To adopt, revise and amend bylaws for the management of its affairs
and, subject to agreements with bondholders, rules for the sale of
light, heat or power or of any connected service, and the collection of
rates and charges therefor. A copy of such rules and bylaws, and all
amendments thereto, duly certified by the secretary of the authority,
shall be filed in the office of the clerk of the village;
9. To enter into cooperative agreements with other authorities,
municipalities, utility companies, individuals, firms or corporations
for the interconnection of facilities and the exchange of interchange or
services and commodities, upon such terms and conditions as shall be
determined to be reasonable;
10. To execute contracts, borrow money, issue bonds and sell or
dispose of the same in such amounts and at such rates of interest as may
be advisable;
11. To appoint and remove a secretary and such clerical, engineering,
legal and other professional assistants as it may deem necessary for the
purposes of this title and to fix their compensation, subject to the
provisions of the civil service law;
12. To appoint and remove all employees, to transfer employees from
their positions to other positions and to consolidate or abolish such
positions, subject to the provisions of the civil service law;
13. To make any plans, studies or investigation which it may deem
necessary, convenient or desirable to enable it effectually to carry out
the provisions of this title;
14. Within ninety days of the first sale of light, heat or power or
any connected service, to promulgate regulations granting to residential
customers, the protections afforded by article two of the public service
law and section one hundred thirty-one-s of the social services law; and
15. To do whatever may be necessary to give effect to the purposes of
this title, and in general to have and exercise all other powers
necessary or incidental to the purposes of this title.
* NB There are 2 § 1020-d's
shall be exercised by the members of the authority, subject to the terms
of this title. In the exercise of those powers, either directly or
through its officers and employees, the members may do the following
things, among others, and the following list of powers shall not be
deemed complete or exclusive, or to deny the existence of other powers,
whether similar or different, so long as they are reasonably necessary
for accomplishing the purposes declared and indicated in this title:
1. To determine the location, type, size, construction, lease,
purchase, ownership, acquisition, use and operation of any facilities or
other structure or property, within or without the territorial limits of
the district;
2. To acquire on behalf and in the name of the authority, whether by
agreement with and purchase from the owner or owners, or within the
district by eminent domain, or by lease, the whole or any part of any
existing facilities or of any other property which it is authorized to
acquire under this title; provided, however, that the authority may not
acquire real property of a municipality or a political subdivision of
the state unless such municipality or political subdivision shall
consent thereto; and in connection with the purchase of such properties
the authority may assume any obligations of the owner of such properties
and, to the extent required by the terms of any indentures or other
instruments under which such obligations were issued, the authority may
assume and agree to perform covenants and observe restrictions contained
in such instruments; and furthermore the owner of any properties, which
the authority is authorized to acquire, is hereby authorized to sell or
otherwise transfer the same to the authority. In the exercise of the
power of eminent domain, as herein provided, the property being acquired
shall be deemed, when so determined by the authority, to be for a public
use;
3. To develop, acquire, construct, reconstruct, rehabilitate and
improve facilities for the transmission or distribution of light, heat,
power or any connected service;
4. To maintain, operate and manage, and contract for the maintenance,
operation and management of properties of the authority;
5. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals for
its plans and projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate to accept, in its
discretion, such licenses, permits or approvals as may be tendered to it
by such agencies and officials;
6. To enter upon such lands, waters or premises as in the judgment of
the authority shall be necessary for the purpose of making surveys,
soundings, borings and examinations to accomplish any purpose authorized
by this title, the authority being liable only for actual damages done;
7. Subject to its agreement with the village, to supply and sell
light, heat and power and any connected services within the district, to
fix rates and charges for the furnishing or rendition of light, heat or
power or of any connected service, and to collect through bills therefor
the revenues derived therefrom, so as to provide revenues to the
authority sufficient at all times to pay, as the same shall become due,
the principal of and interest on the bonds of the authority together
with the maintenance of proper reserves therefor, in addition to paying
as the same shall become due the expense of operating and maintaining
the properties of the authority together with proper reserves for
maintenance, contingencies and all other obligations and indebtedness of
the authority;
8. To adopt, revise and amend bylaws for the management of its affairs
and, subject to agreements with bondholders, rules for the sale of
light, heat or power or of any connected service, and the collection of
rates and charges therefor. A copy of such rules and bylaws, and all
amendments thereto, duly certified by the secretary of the authority,
shall be filed in the office of the clerk of the village;
9. To enter into cooperative agreements with other authorities,
municipalities, utility companies, individuals, firms or corporations
for the interconnection of facilities and the exchange of interchange or
services and commodities, upon such terms and conditions as shall be
determined to be reasonable;
10. To execute contracts, borrow money, issue bonds and sell or
dispose of the same in such amounts and at such rates of interest as may
be advisable;
11. To appoint and remove a secretary and such clerical, engineering,
legal and other professional assistants as it may deem necessary for the
purposes of this title and to fix their compensation, subject to the
provisions of the civil service law;
12. To appoint and remove all employees, to transfer employees from
their positions to other positions and to consolidate or abolish such
positions, subject to the provisions of the civil service law;
13. To make any plans, studies or investigation which it may deem
necessary, convenient or desirable to enable it effectually to carry out
the provisions of this title;
14. Within ninety days of the first sale of light, heat or power or
any connected service, to promulgate regulations granting to residential
customers, the protections afforded by article two of the public service
law and section one hundred thirty-one-s of the social services law; and
15. To do whatever may be necessary to give effect to the purposes of
this title, and in general to have and exercise all other powers
necessary or incidental to the purposes of this title.
* NB There are 2 § 1020-d's