N.Y. Pub. Auth. Law § 2040-F

Current through 2024 NY Law Chapter 553
Section 2040-F - Powers

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 acquire, in the name of the authority, hold and dispose of real and personal property or any interest therein for its corporate purposes, provided that the acquisition of any real property by the authority (i) within the area of operation shall be subject to prior approval by the town boards, and (ii) without the area of operation shall be subject to prior approval by the town board of the town in which such property is located or, if located within the boundaries of a village, subject to the prior approval of the board of trustees of such village;
4. To receive, transport, process, dispose of, sell, store, convey, recycle, and deal with, in any lawful manner and way, solid waste and any by-products thereof now or hereafter developed or discovered;
5. Subject to prior approval by the town boards, to condemn, in the name of the authority, pursuant to the eminent domain procedure law, within the area of operation, any lands, easements or rights in land required by the authority to carry out the powers granted by this title;
6. To construct and develop projects and to have the right to contract in relation thereto with the towns and with other municipalities or persons within or without the area of operation and to own and operate, maintain, repair, improve, reconstruct, enlarge, and extend, subject to the provisions of this title, any of its properties acquired or constructed under this title, and to sell, lease, mortgage or otherwise dispose of any project or part thereof to any person or municipality, subject to such conditions and limitations as the authority may determine to be in the public interest;
6-a. To assist in the construction, development and financing of any solid waste disposal facility to be located in the area of operation whether or not such solid waste disposal facility is to be owned or operated by the authority, which assistance may include loans to any person or public corporation;
7. To receive from the United States, the state, the towns, any other municipality or public corporation or person, within the area of operations, or from such other sources as the authority may deem proper, solid wastes for the purpose of treatment or disposal thereof, with the right of the authority to sell and dispose of any products or by-products of such process of treatment or disposal, as the authority may deem proper;
8. To contract with the towns, other municipalities, state agencies or authorities, or persons within or without the area of operation, for the purpose of receiving, treating and disposing of solid waste by the authority;
9. To adopt by-laws for the management and regulation of its affairs and, subject to agreements with bondholders and noteholders, rules for the receiving and disposing of solid wastes and charges therefor. A copy of such rules and by-laws, and all amendments thereto, duly certified by the secretary of the authority shall be filed in the office of the authority;
10. To contract with the towns, for the use of the officers or employees of the towns, any such contract to provide for the payment by the authority of a proper portion of the compensation for the services of such officers or employees;
11. To make contracts and to execute all necessary or convenient instruments, including evidences of indebtedness, negotiable or non-negotiable;
12. To enter on any lands, waterways and premises for the purpose of making surveys, soundings, and examinations, and liability therefor shall not exceed actual damages;
13. To borrow money and to issue negotiable bonds or notes or other obligations and to fund or refund the same, and to provide for the rights of the holders of its bonds or notes;
14. To fix and collect rates, rentals, fees and other charges for the use of the facilities of, or services rendered by, or any commodities furnished by the authority so as to provide revenues sufficient at all times to pay, as the same shall become due, the principal and interest on the bonds, notes 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 expenses of operating and maintaining the properties of the authority, together with proper reserves for debt service, depreciation, maintenance and contingencies and all other obligations and indebtedness of the authority;
15. To accept grants, loans, or contributions from the United States, the state of New York, or any agency or instrumentality of either of them, or the county, or any municipality or individual, by bequest or otherwise, and to expend the proceeds for any purposes of the authority;
16. To do all things necessary or convenient to carry out the powers expressly given in this title.

N.Y. Pub. Auth. Law § 2040-F