N.Y. Public Authorities Law § 2053-e: Powers of the authority

§ 2053-e. 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.

3. To acquire in the name of the authority, hold, sell, lease,

mortgage or otherwise dispose of property, real, personal or mixed, or

any interest therein, without limitation, for its corporate purposes.

In selecting the location for any real property to be acquired or

leased, the authority shall give consideration to the present and any

proposed land use character of the area in which such site is to be

located and shall be subject to and exempt from the zoning laws or

regulations, if any, otherwise generally applicable to such area to the

same extent that the county is subject to and exempt from the zoning

laws or regulations otherwise generally applicable to such area. The

authority shall not acquire or lease any interest in real property

except upon compliance with the procedure set forth in section two

thousand fifty-three-f of this title.

4. To condemn in the name of the authority pursuant to the eminent

domain procedure law, any real property within the county and required

by the authority to carry out the powers granted by this title, subject

to the provisions of section two thousand fifty-three-f of this title.

5. To collect, receive, transfer, transport, process, dispose of,

sell, store, convey, recycle, compost, combust and deal with, in any

lawful manner and way, solid waste and any products or by-products

thereof now or hereafter developed or discovered, including any

recovered materials, compost or energy produced or generated by the

operation of any solid waste management facility. Any such disposal or

sale may be effected on such terms and in such manner as the authority

may deem proper.

6. To plan, develop and construct projects and to pay the cost thereof

and to contract in relation thereto with municipalities or persons

within or without the county and to own and operate, maintain, repair,

improve, reconstruct, enlarge and extend, subject to the provisions of

this title, any of its projects acquired or constructed under this

title, and to sell, lease, mortgage, grant a security interest in,

pledge, encumber, or otherwise dispose of any project or part thereof to

any person, municipality or public corporation, subject to such

conditions and limitations as the authority may determine to be in the

public interest, and to apply for, hold and perform its obligations

under any permit, license, approval, or other legal entitlement which

may be required for its projects, services or exercise of powers.

7. To assist in the planning, development, construction and operation

of and the financing of the cost of any solid waste management facility

to be located in the county whether or not such solid waste management

facility is to be owned by the authority, which assistance may include

loans to any person or public corporation.

8. To collect or receive from the United States, the state, the

county, any other municipality or public corporation or person, subject

to the limitations of section two thousand fifty-three-f of this title,

solid waste for the purpose of treatment or disposal thereof, with the

right of the authority to sell and dispose of any products or

by-products (including recovered materials, compost or energy) of such

process of treatment or disposal, as the authority may deem proper.

9. To contract with the county, other municipalities, state agencies,

public corporations or persons within or without the county, for the

purpose of receiving, treating and disposing of solid waste or for any

other purpose authorized hereunder, including, without limitation, the

power to contract with municipalities, state agencies, public

corporations or persons for the delivery of all solid waste generated

within a stated area to a specific solid waste management facility.

10. To make rules, regulations and by-laws pertaining to and governing

the management and regulation of its affairs and, subject to agreements

with bondholders, the use of any project or other property of the

authority and the provision of any service by the authority, which

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 authority and in the office of the clerk of the county,

and to provide for the enforcement of such rules, regulations and

by-laws by legal or equitable proceedings which are or may be provided

or authorized by law. In addition, the county legislature shall have

power to prescribe that violations of specific rules, regulations and

by-laws of the authority shall constitute violations and provide for the

enforcement of violations thereof by civil penalties, including any such

rules, regulations and by-laws requiring the payment of generator, user

or hauler fees by any person in connection with the service or

availability or service by any facility owned or under contract to the

authority.

11. With the consent of the county executive, to use officers or

employees of the county and to pay a proper portion of the compensation

or costs for the services for such officers or employees.

12. To make contracts and to execute all necessary or convenient

agreements, documents and instruments, including evidences of

indebtedness, negotiable or non-negotiable.

13. To enter on any lands, waterways or premises for the purpose of

making surveys, soundings and examinations, any liability for which

shall not exceed actual damages.

14. To borrow money and to issue bonds and to fund or refund the same,

and to provide for the right of the holders thereof.

15. To procure insurance, letters of credit, lines of credit, or other

credit enhancement with respect to its bonds or notes issued pursuant to

this title, or facilities for the payment of tenders of such bonds or

notes or facilities for the payment upon maturity of short-term notes

not renewed.

16. To enter into interest rate exchange or similar arrangements with

any person under such terms and conditions as the authority may

determine including, without limitation, provisions as to default or

early termination and indemnification by the authority or any other

party thereto for loss of benefits as a result thereof.

17. To fix and collect, as more fully set forth in section two

thousand fifty-three-g of this title, rates, rentals, fees and other

charges for the use of the facilities of, or services provided by, or

any commodities furnished by, the authority, and to contract with any

municipality in respect thereto, so as to provide revenues sufficient at

all times to pay, as the same shall become due, the principal 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 expenses of operating and maintaining the properties and

business of the authority and meeting all of its contractual and other

obligations, together with proper reserves for debt service,

depreciation, maintenance and contingencies and all other obligations

and indebtedness of the authority.

18. To enter into agreements, in its direction, to pay annual sums in

lieu of taxes to any municipality in respect to any real property which

is owned by the authority and located in such municipality, political

subdivision or taxing district.

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 public corporation, by bequest or

otherwise, and to expend the proceeds for any corporate purposes of the

authority.

20. To covenant and consent that the interest on any of its bonds or

notes issued pursuant to this title shall be includible, under the

United States Internal Revenue Code of 1986, as amended, or any

subsequent corresponding internal revenue law of the United States, in

gross income of the holder of the bonds or notes to the same extent and

in the same manner that the interest on bills, bonds, notes or other

obligations of the United States is includible in the gross income of

the holders thereof under said Internal Revenue Code or any such

subsequent law.

21. To act as an agency, as such term is used in section two hundred

fifty-one of the county law.

22. The authority may acquire, hold, own, lease, establish, construct,

effectuate, operate, maintain, renovate, improve, extend or repair any

of its facilities for the purposes of operating an animal shelter and

providing animal management services on behalf of one or more

municipalities located in the county of Rockland pursuant to the

agriculture and markets law and will be subject to regulation by the

department of agriculture and markets for the purposes of registration,

inspection, and any oversight or regulation.

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

expressly given in this title.