N.Y. Pub. Auth. Law § 1020-D

Current through 2024 NY Law Chapter 553

Section 1020-D - [Multiple versions] Powers of the authority

The power conferred by this title shall be exercised by the members of the authority, subject to the terms of this title. In the exercise of those powers, either directly or through its officers and employees, the members 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 the location, type, size, construction, lease, purchase, ownership, acquisition, use and operation of any facilities 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 authority, whether by agreement with and purchase from the owner or owners, or within the district by eminent domain, or by lease, the whole or any part of any existing facilities or of any other property which it is authorized to acquire under this title; provided, however, that the authority may not acquire real property of a municipality or a political subdivision of the state unless such municipality or political subdivision shall consent thereto; and in connection with the purchase of such properties the authority may assume any obligations of the owner of such properties and, to the extent required by the terms of any indentures or other instruments under which such obligations were issued, the authority may assume and agree to perform covenants and observe restrictions contained in such instruments; and furthermore the owner of any properties, which the authority is authorized to acquire, is hereby authorized to sell or otherwise transfer the same to the authority. In the exercise of the power of eminent domain, as herein provided, the property being acquired shall be deemed, when so determined by the authority, to be for a public use;

3. To develop, acquire, construct, reconstruct, rehabilitate and improve facilities for the transmission or distribution of light, heat, power or any connected service;

4. To maintain, operate and manage, and contract for the maintenance, operation and management of properties of the authority;

5. To apply to the appropriate agencies and officials of the federal, state and local governments for such licenses, permits or approvals for its plans and 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;

6. 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;

7. Subject to its agreement with the village, to supply and sell light, heat and power and any connected services within the district, 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 the revenues derived therefrom, so as to provide revenues to the authority sufficient at all times to pay, as the same shall become due, the principal of 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 expense of operating and maintaining the properties of the authority together with proper reserves for maintenance, contingencies and all other obligations and indebtedness of the authority;

8. To adopt, revise and amend bylaws for the management of its affairs and, subject to agreements with bondholders, rules for the sale of light, heat or power or of any connected service, and the collection of rates and charges therefor. A copy of such rules and bylaws, and all amendments thereto, duly certified by the secretary of the authority, shall be filed in the office of the clerk of the village;

9. To enter into cooperative agreements with other authorities, municipalities, utility companies, individuals, firms or corporations for the interconnection of facilities and the exchange of interchange or services and commodities, upon such terms and conditions as shall be determined to be reasonable;

10. To execute contracts, borrow money, issue bonds and sell or dispose of the same in such amounts and at such rates of interest as may be advisable;

11. To appoint and remove 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, subject to the provisions of the civil service law;

12. To appoint and remove all employees, to transfer employees from their positions to other positions and to consolidate or abolish such positions, subject to the provisions of the civil service law;

13. To make any plans, studies or investigation which it may deem necessary, convenient or desirable to enable it effectually to carry out the provisions of this title;

14. Within ninety days of the first sale of light, heat or power or any connected service, to promulgate regulations granting to residential customers, the protections afforded by article two of the public service law and section one hundred thirty-one-s of the social services law; and

15. 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.

N.Y. Pub. Auth. Law § 1020-D