Legislation
SECTION 1029
Powers of the board
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 2
* § 1029. Powers of the board. The power conferred by this title shall
be exercised by the board of directors of the authority, subject to the
terms of such title. In the exercise of those powers, either directly or
through its officers and employees, the board 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 upon the location, type, size, construction, lease,
purchase, ownership, acquisition, use and operation of any plant or
plants 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 county or the
authority, whether by agreement with and purchase from the owner or
owners, or by condemnation, the whole or any part of any existing plant
or plants or of any other property which it is authorized to acquire
under this title;
3. Subject to the provisions of the public service law, and to its
agreement with any municipality, 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 which shall be rendered
at least once in each calendar month the revenues derived therefrom;
4. To appoint and at pleasure discharge 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;
5. To appoint and at pleasure remove all employees, to transfer
employees from their positions to other positions and to consolidate or
abolish such positions;
6. To enter upon any lands and within any building whenever in its
judgment it may be necessary for the purpose of making surveys and
examinations to accomplish any purpose authorized by this title;
7. When so authorized by resolution of the board of supervisors with
respect to service within any town or by resolution of the governing
body of any other municipality, to investigate the cost of operation of
any light, heat or power utility or service within any municipality, and
for such purpose to examine and inspect the records, books, papers,
accounts and other documents of any owner, whether individual or
corporate, of any plant or plants, within or without the territorial
limits of the district, and to make copies thereof or extracts
therefrom;
8. To make to the public service commission, the annual report
prescribed by subdivision seven of section sixty-six of the public
service law, which report shall be verified by the oath of the president
of the authority;
9. By the whole, or by any one or more, of the members of the
authority, to make any investigation which it may deem necessary to
enable it effectually to carry out the provisions of this title and, for
that purpose, to take and hear proofs and testimony, to compel the
attendance of witnesses and to require the production of records, books,
papers, accounts and other documents including public records;
10. To execute contracts, borrow money, issue bonds, certificates of
indebtedness and other obligations, and sell or dispose of the same in
such amounts and at such rates of interest as may be advisable. This
shall include the power to dispose of its bonds or other obligations to,
and to borrow money from, the Reconstruction Finance Corporation, the
federal emergency administrator of public works or any other federal or
state agency, and it may also accept a grant from such corporation,
administrator or agency, and donations from any public or private
source;
11. To adopt, revise and amend rules and regulations to enable the
authority to carry out the purposes of this title, every such rule and
regulation, and each amendment thereof, to be filed with the county
clerk;
12. Subject to and in accordance with the provisions of section
seventy-seven of the public service law, 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 which may be exercised by a gas and electric corporation
under the transportation corporation law.
* NB Terminated July 1, 1963
be exercised by the board of directors of the authority, subject to the
terms of such title. In the exercise of those powers, either directly or
through its officers and employees, the board 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 upon the location, type, size, construction, lease,
purchase, ownership, acquisition, use and operation of any plant or
plants 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 county or the
authority, whether by agreement with and purchase from the owner or
owners, or by condemnation, the whole or any part of any existing plant
or plants or of any other property which it is authorized to acquire
under this title;
3. Subject to the provisions of the public service law, and to its
agreement with any municipality, 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 which shall be rendered
at least once in each calendar month the revenues derived therefrom;
4. To appoint and at pleasure discharge 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;
5. To appoint and at pleasure remove all employees, to transfer
employees from their positions to other positions and to consolidate or
abolish such positions;
6. To enter upon any lands and within any building whenever in its
judgment it may be necessary for the purpose of making surveys and
examinations to accomplish any purpose authorized by this title;
7. When so authorized by resolution of the board of supervisors with
respect to service within any town or by resolution of the governing
body of any other municipality, to investigate the cost of operation of
any light, heat or power utility or service within any municipality, and
for such purpose to examine and inspect the records, books, papers,
accounts and other documents of any owner, whether individual or
corporate, of any plant or plants, within or without the territorial
limits of the district, and to make copies thereof or extracts
therefrom;
8. To make to the public service commission, the annual report
prescribed by subdivision seven of section sixty-six of the public
service law, which report shall be verified by the oath of the president
of the authority;
9. By the whole, or by any one or more, of the members of the
authority, to make any investigation which it may deem necessary to
enable it effectually to carry out the provisions of this title and, for
that purpose, to take and hear proofs and testimony, to compel the
attendance of witnesses and to require the production of records, books,
papers, accounts and other documents including public records;
10. To execute contracts, borrow money, issue bonds, certificates of
indebtedness and other obligations, and sell or dispose of the same in
such amounts and at such rates of interest as may be advisable. This
shall include the power to dispose of its bonds or other obligations to,
and to borrow money from, the Reconstruction Finance Corporation, the
federal emergency administrator of public works or any other federal or
state agency, and it may also accept a grant from such corporation,
administrator or agency, and donations from any public or private
source;
11. To adopt, revise and amend rules and regulations to enable the
authority to carry out the purposes of this title, every such rule and
regulation, and each amendment thereof, to be filed with the county
clerk;
12. Subject to and in accordance with the provisions of section
seventy-seven of the public service law, 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 which may be exercised by a gas and electric corporation
under the transportation corporation law.
* NB Terminated July 1, 1963