N.Y. Public Authorities Law § 1147-e: Powers of the authority

§ 1147-e. 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 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 through or by means of its own officers, agents and employees.

3. To have jurisdiction, control, possession and supervision of any

existing sewer system acquired by the authority 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 borrow money and issue negotiable notes, bonds or other

obligations and provide for the rights of the holders thereof.

7. To enter into contracts and execute all instruments necessary or

convenient or desirable for the purposes of the authority to carry out

any powers expressly given it in this title.

8. 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 and to sell, lease as lessor, transfer or

otherwise dispose of, any real or personal property or any interest

therein, within or without the district, as the authority may deem

necessary, convenient or desirable to carry out the purposes of this

title; provided, however, that the authority may not condemn real

property of a municipality without the consent of the governing body of

such municipality.

9. To purchase in the name of the authority, any sewer system,

including but not limited to trunk, intercepting and connecting, lateral

and outlet sewers, pumping and ventilating stations, disposal or

treatment plants or works, and other appliances and structures, which in

the judgment of the authority will provide an effective and advantageous

means of relieving the area within the bounds of the authority,

including surface and ground waters from inadequate sanitary drainage

and for the sanitary disposal or treatment of the sewage thereof, or

such sections or parts of such system as the authority may from time to

time deem it proper or convenient.

10. To construct, improve or rehabilitate sewage disposal facilities

and appurtenances required for the maintenance, development or expansion

of the sewage disposal system within the bounds of the authority.

11. To operate and manage and to contract for the operation and

management of facilities of the authority.

12. To enter into contracts, and carry out the terms thereof, for the

wholesale provision of sewerage disposal with municipalities and private

individuals or corporations.

13. To apply to the appropriate agencies and officials of the federal,

state and local governments for such licenses, permits or approval of

its plans or 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.

14. To take all necessary and reasonable actions within the bounds of

the authority to protect from pollution surface and ground waters within

the district, including the making of plans and studies, the adoption of

rules and regulations relating to the disposal of sewage, the enforcing

of compliance with all current and future rules and regulations of the

state sanitary code with regard to sewage disposal, and the providing of

educational materials and programs to the public relating to sewage

disposal.

15. To retain or employ counsel, auditors, engineers and private

consultants on a contract basis or otherwise for rendering professional

or technical services and advice.

16. 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.

17. To make by-laws for the management and regulation of its affairs

and rules and regulations for the conservation, preservation and

protection of the authority's property, facilities and personnel and,

subject to agreements with bondholders, rules, regulations and by-laws

relating to the use of the facilities of the authority, including use of

the sewer system including the imposition and collection of rents and

charges therefor. A copy of each rule or regulation and each by-law and

all amendments thereto, duly certified by the secretary of the

authority, shall be filed in the office of the municipalities within the

district and thereafter a summary thereof shall be published once in a

newspaper having general circulation in the district. Such notice shall

state that a copy of such rule or regulation, by-law or amendment is on

file in the office of each municipality in the district and available

for public review. Violations of such rules and regulations shall be

punishable by fine, not exceeding fifty dollars.

18. To fix rates and collect charges for the use of the facilities of,

or services rendered by, or any commodities furnished by the authority

such as to provide revenues sufficient at all times to pay, as the same

shall become due, the principal and interest on the bonds, or other

obligations 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 maintenance reserves, capital reserves, repair

reserves, and other contingency reserves, and all other obligations and

indebtedness of the authority; however, no such rates or charges shall

be changed until a public hearing on such changes shall have been held

upon not less than fourteen days notice thereof to each customer, either

by mail or by publication once in a newspaper having general circulation

within the bounds of the authority.

19. To accept gifts, grants, loans or contributions from the United

States, the state or any agency or instrumentality of either of them, or

any municipality or from any person or corporation, by bequest or

otherwise, and to expend the proceeds for the purposes of the authority.

20. To contract with any town or village wholly or partially within

the bounds of the authority for the purpose of undertaking or paying for

any capital improvements made by the authority or its agents and such

contract may provide, among other things consistent with the purposes of

this title, (a) that any town, acting on behalf of any sewer district

within the bounds of the authority, shall pay the districts agreed share

of the cost of such capital improvements and such town shall have the

authority to levy and collect special assessments upon real property

within that area of the town which is benefited by such sewer facilities

and pay such assessments to the authority as provided in such contract,

and (b) that any village within the bounds of the authority shall pay

its agreed share of the cost of such capital improvements and such

village shall have the authority to levy and collect special assessments

upon real property within the village which is benefited by such sewer

facilities and pay such special assessments to the authority as provided

in such contract. In order to carry out the terms of any such contract

each town board shall have the authority to levy special assessments

upon the lands benefited in the same manner as special assessments are

levied for district improvements within a town and each board of

trustees shall have the authority to levy special assessments upon the

lands benefited in the manner provided in article fourteen of the

village law.

21. To enter into cooperative agreements with other authorities,

municipalities, sewer districts and other public corporations for the

interconnection of facilities, the exchange or interchange of services

and commodities and, within the territorial limits of the authority,

enter into contracts for the construction and operation and maintenance

of all or a portion of the sewer system, upon such terms and conditions

as shall be determined to be reasonable including but not limited to the

reimbursement of all costs of such construction, or for any other lawful

purposes necessary or desirable to effect the purposes of this title.

22. 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.

23. For the purposes of article fifteen-A of the executive law only

the authority shall be deemed a state agency as that term is defined 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.

24. To do all things necessary or convenient to carry out the powers

expressly given in this title.