Legislation
SECTION 1226-D
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 10
§ 1226-d. Powers of the authority. The authority shall have the power:
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To borrow money and issue bonds or other obligations for its
corporate purposes and to provide for the rights of the holders thereof.
4. To enter into contracts and to execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given to it in this title.
5. To enter into agreements with the water board, the board of water
supply and any municipality for the financing by the authority of
projects as herein provided.
6. To acquire by purchase, gift, grant, transfer, contract or lease or
by condemnation pursuant to the eminent domain procedure law, lease as
lessee, hold, and use any property, real, personal or mixed or any
interest therein, as the authority may deem necessary, convenient or
desirable to carry out the purpose of this title, provided, however, the
authority shall not have the power to condemn property of the water
board.
7. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals of
its plans or projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate, and to accept, in
its discretion, such licenses, permits or approvals as may be tendered
to it by such agencies and officials.
8. To appoint such officers and employees as may be required for the
performance of its duties, to fix and determine their qualifications,
duties and compensation, and to retain or employ counsel, auditors,
engineers and private consultants on a contract basis or otherwise for
rendering professional or technical services and advice.
9. To make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto.
10. To make use of existing studies, surveys, plans, data and other
material in the possession of any state agency, any municipality or the
water board in order to avoid duplication of effort.
11. 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 damage done.
12. To apply for and to accept any gifts or grants or loans of funds
or property or financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof.
13. To make and amend by-laws for its organization and management and
regulation of its affairs and rules and regulations governing the
exercise of its powers and the fulfillment of its purposes under this
title. A copy of such rules, regulations and by-laws, and all amendments
thereto, duly certified by the secretary of the authority shall be filed
in the office of the clerk of each municipality within the service area.
14. To enter into cooperative agreements with other authorities, the
board of water supply, municipalities, utility companies, individuals,
or corporations, within or without the service area, for any lawful
purposes necessary or desirable to effect the purposes of this title
upon such terms and conditions as shall be determined to be reasonable.
15. With the consent of the chief executive officer of a municipality
within the service area, to use officers and employees of such
municipality and to pay a proper portion of compensation or costs for
the services of such officers or employees.
16. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for procurement, design, construction,
services and materials shall be deemed state contracts within the
meaning of that term as set forth in such article.
17. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. To borrow money and issue bonds or other obligations for its
corporate purposes and to provide for the rights of the holders thereof.
4. To enter into contracts and to execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given to it in this title.
5. To enter into agreements with the water board, the board of water
supply and any municipality for the financing by the authority of
projects as herein provided.
6. To acquire by purchase, gift, grant, transfer, contract or lease or
by condemnation pursuant to the eminent domain procedure law, lease as
lessee, hold, and use any property, real, personal or mixed or any
interest therein, as the authority may deem necessary, convenient or
desirable to carry out the purpose of this title, provided, however, the
authority shall not have the power to condemn property of the water
board.
7. To apply to the appropriate agencies and officials of the federal,
state and local governments for such licenses, permits or approvals of
its plans or projects as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate, and to accept, in
its discretion, such licenses, permits or approvals as may be tendered
to it by such agencies and officials.
8. To appoint such officers and employees as may be required for the
performance of its duties, to fix and determine their qualifications,
duties and compensation, and to retain or employ counsel, auditors,
engineers and private consultants on a contract basis or otherwise for
rendering professional or technical services and advice.
9. To make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto.
10. To make use of existing studies, surveys, plans, data and other
material in the possession of any state agency, any municipality or the
water board in order to avoid duplication of effort.
11. 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 damage done.
12. To apply for and to accept any gifts or grants or loans of funds
or property or financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof.
13. To make and amend by-laws for its organization and management and
regulation of its affairs and rules and regulations governing the
exercise of its powers and the fulfillment of its purposes under this
title. A copy of such rules, regulations and by-laws, and all amendments
thereto, duly certified by the secretary of the authority shall be filed
in the office of the clerk of each municipality within the service area.
14. To enter into cooperative agreements with other authorities, the
board of water supply, municipalities, utility companies, individuals,
or corporations, within or without the service area, for any lawful
purposes necessary or desirable to effect the purposes of this title
upon such terms and conditions as shall be determined to be reasonable.
15. With the consent of the chief executive officer of a municipality
within the service area, to use officers and employees of such
municipality and to pay a proper portion of compensation or costs for
the services of such officers or employees.
16. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for procurement, design, construction,
services and materials shall be deemed state contracts within the
meaning of that term as set forth in such article.
17. To do all things necessary, convenient or desirable to carry out
its purposes and for the exercise of the powers granted in this title.