2006 New York Code - Powers Of The Agency.

 
    § 2051-e*. Powers of the agency. The agency 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 agency, hold, sell, lease, mortgage
  or otherwise dispose of  property,  real,  personal  or  mixed,  or  any
  interest  therein,  without  limitation,  for  its  corporate  purposes;
  provided,  however,  that  in  the  acquisition  of  any  real  property
  designated  as  the  site  for  any  facility,  the  agency  shall  give
  consideration to the present and any proposed land use character of  the
  area  in which the site is to be located and zoning laws or regulations,
  if any, otherwise generally applicable to such area;
    4. To take by eminent domain, in the name of the agency,  pursuant  to
  the  eminent domain procedure law, within the area of operation any real
  property required by the agency to carry out the powers granted by  this
  title;
    5.  To  collect, receive, transport, process, dispose of, sell, store,
  convey, recycle, 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 energy generated by the operation of any
  solid waste management-resource recovery facility. Any such disposal  or
  sale  may be effected on such terms and in such manner as the agency may
  deem proper;
    6. To plan, develop and construct projects and to pay the cost thereof
  and  to  have  the  right  to  contract   in   relation   thereto   with
  municipalities  or  persons  within  or  without the town 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 or otherwise
  dispose of  any  project  or  part  thereof  to  any  person  or  public
  corporation,  subject  to  such conditions and limitations as the agency
  may determine to be in the public interest;
    7. To assist  in  the  planning,  development,  construction  and  the
  financing  of  the  cost of any solid waste management-resource recovery
  facility to be located in the town  whether  or  not  such  solid  waste
  management-resource  recovery facility is to be owned or operated by the
  agency, which assistance may include  loans  to  any  person  or  public
  corporation;
    8.  Subject  to the provisions of any laws or resolutions of the town,
  to collect or receive from the United States, the state, the county, any
  other municipality or public corporation or person, solid waste for  the
  purpose  of  treatment or disposal thereof, with the right of the agency
  to sell and dispose of any products or by-products (including energy) of
  such process of treatment or disposal, as the agency may deem proper;
    9. Subject to the provisions of any laws or resolutions of  the  town,
  to  contract  with  the county, or other municipalities, state agencies,
  public corporations or persons within or without  the  county,  for  the
  purpose  of collecting, receiving, treating and disposing of solid waste
  including without limitation to contract with persons for  the  delivery
  of  all  solid  waste generated within a stated area to a specific solid
  waste management-resource recovery facility;
    10. To make by-laws for the management and regulation of  its  affairs
  and,  subject  to agreements with bondholders, for the regulation of the
  use of any project or other property of the agency,  which  by-laws  and
  all  amendments  thereto, duly certified by the secretary of the agency,
  shall be filed in the office of the agency and  in  the  office  of  the
  clerk of the town, and to provide for the enforcement of such by-laws by
  legal  or  equitable  proceedings  which  are  or  may  be  provided  or
  authorized by law. In addition, the  town  board  shall  have  power  to
  prescribe  that  violations  of  specific  by-laws  of  the agency shall
  constitute offenses or infractions and provide  for  the  punishment  of
  violations thereof by civil penalty;
    11.  With  the consent of the supervisor, to use officers or employees
  of the town and to pay a proper portion of compensation or costs for the
  services for such officers or employees;
    12. To make contracts and  to  execute  all  necessary  or  convenient
  instruments,   including   evidences   of  indebtedness,  negotiable  or
  nonnegotiable;
    13. To enter on any lands, waterways and premises within the town  for
  the purpose of making surveys, soundings and examinations, and liability
  therefor 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 rights of the holders thereof;
    15.  Subject  to  any  limitations imposed by any contract pursuant to
  subdivision two of section two thousand fifty-one-t of  this  title,  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 agency 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 agency, 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  agency,  together  with
  proper   reserves   for  debt  service,  depreciation,  maintenance  and
  contingencies and all other obligations and indebtedness of the agency;
    16. 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, by bequest or otherwise, and to
  expend the proceeds for any corporate purposes of the agency; and
    17. To do all things necessary or convenient to carry out  the  powers
  expressly given in this title.