Legislation
SECTION 1178
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8
§ 1178. Powers of the authority. The authority shall have power:
1. To prepare or cause to be prepared plans, designs and estimates of
costs for the construction of the project, and from time to time to
modify such plans, designs or estimates;
2. To construct the project and any additions, betterments and
extensions to the facilities of the authority by contract or contracts,
or under, through, or by means of its own officers, agents and
employees;
3. To have jurisdiction, control, possession and supervision of the
existing sewer system and the project; to maintain, operate, reconstruct
and improve the same as a comprehensive sewerage system and to make
additions, betterments and extensions thereto, and to have all the
rights, privileges and jurisdiction necessary or proper for carrying
such power into execution. No enumeration of powers in this or any other
general, special or local law shall operate to restrict the meaning of
this general grant of power or to exclude other powers comprehended
within this general grant;
4. To sue and be sued;
5. To have a seal and alter the same at pleasure;
6. To acquire, hold and dispose of personal property for its corporate
purposes;
7. To acquire, in the name of the city, by purchase or condemnation,
real property or rights or easements therein, necessary or convenient
for its corporate purposes and to use the same so long as its corporate
existence shall continue;
8. To make by-laws for the management and regulation of its affairs
and, subject to agreements with bondholders, for the regulation of the
use of its property and the establishment and collection of rates,
rentals and charges;
9. To make contracts and execute all instruments necessary or
convenient;
10. To borrow money and to issue negotiable bonds and to provide for
the rights of the holders thereof;
11. To fix and collect rates, rentals and other charges for goods or
services rendered by the authority, subject to and in accordance with
such agreements with holders of bonds as may be made as hereinafter
provided;
12. To enter on any lands, water and premises as in the judgment of
the authority shall be necessary for the purpose of making borings,
samples, surveys, soundings and examinations of any effluent source and
to accomplish any purpose authorized by this title;
13. To accept, treat and dispose of the sewage and waste of all
municipal corporations in the county of Erie and from any other persons
from whatever source derived;
14. To do all things necessary or convenient to carry out the powers
expressly given by this title;
15. To establish, adopt, amend or cancel and issue such rules,
regulations, permits and orders as it deems necessary, desirable or
convenient, for the jurisdiction, control, supervision, possession and
use of the facilities and for the administration and enforcement of this
title and such rules, regulations, permits and orders applicable to all
users;
16. To enforce the rules, regulations, orders and permits of the
authority for all users and in the event of non-compliance therewith,
the authority may take any enforcement action, as may be established in
the authority's rules and regulations or otherwise allowed by this
title. The rules, regulations, permits and orders of the authority shall
be enforced in jurisdictions outside of the city pursuant to agreements
with the county of Erie or the respective sewer districts,
municipalities or political subdivisions for effluent sources located
therein. In the absence of such agreements, the authority is authorized
to enforce its rules, regulations, permits and orders in such
jurisdictions located outside the city directly upon users who violate
the authority's rules, regulations, permits or orders, where such
violations are not discontinued and remedied, to the authority's
satisfaction, by the county of Erie or the respective sewer district,
municipality or political subdivision wherein such effluent source is
located.
1. To prepare or cause to be prepared plans, designs and estimates of
costs for the construction of the project, and from time to time to
modify such plans, designs or estimates;
2. To construct the project and any additions, betterments and
extensions to the facilities of the authority by contract or contracts,
or under, through, or by means of its own officers, agents and
employees;
3. To have jurisdiction, control, possession and supervision of the
existing sewer system and the project; to maintain, operate, reconstruct
and improve the same as a comprehensive sewerage system and to make
additions, betterments and extensions thereto, and to have all the
rights, privileges and jurisdiction necessary or proper for carrying
such power into execution. No enumeration of powers in this or any other
general, special or local law shall operate to restrict the meaning of
this general grant of power or to exclude other powers comprehended
within this general grant;
4. To sue and be sued;
5. To have a seal and alter the same at pleasure;
6. To acquire, hold and dispose of personal property for its corporate
purposes;
7. To acquire, in the name of the city, by purchase or condemnation,
real property or rights or easements therein, necessary or convenient
for its corporate purposes and to use the same so long as its corporate
existence shall continue;
8. To make by-laws for the management and regulation of its affairs
and, subject to agreements with bondholders, for the regulation of the
use of its property and the establishment and collection of rates,
rentals and charges;
9. To make contracts and execute all instruments necessary or
convenient;
10. To borrow money and to issue negotiable bonds and to provide for
the rights of the holders thereof;
11. To fix and collect rates, rentals and other charges for goods or
services rendered by the authority, subject to and in accordance with
such agreements with holders of bonds as may be made as hereinafter
provided;
12. To enter on any lands, water and premises as in the judgment of
the authority shall be necessary for the purpose of making borings,
samples, surveys, soundings and examinations of any effluent source and
to accomplish any purpose authorized by this title;
13. To accept, treat and dispose of the sewage and waste of all
municipal corporations in the county of Erie and from any other persons
from whatever source derived;
14. To do all things necessary or convenient to carry out the powers
expressly given by this title;
15. To establish, adopt, amend or cancel and issue such rules,
regulations, permits and orders as it deems necessary, desirable or
convenient, for the jurisdiction, control, supervision, possession and
use of the facilities and for the administration and enforcement of this
title and such rules, regulations, permits and orders applicable to all
users;
16. To enforce the rules, regulations, orders and permits of the
authority for all users and in the event of non-compliance therewith,
the authority may take any enforcement action, as may be established in
the authority's rules and regulations or otherwise allowed by this
title. The rules, regulations, permits and orders of the authority shall
be enforced in jurisdictions outside of the city pursuant to agreements
with the county of Erie or the respective sewer districts,
municipalities or political subdivisions for effluent sources located
therein. In the absence of such agreements, the authority is authorized
to enforce its rules, regulations, permits and orders in such
jurisdictions located outside the city directly upon users who violate
the authority's rules, regulations, permits or orders, where such
violations are not discontinued and remedied, to the authority's
satisfaction, by the county of Erie or the respective sewer district,
municipality or political subdivision wherein such effluent source is
located.