2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 13-I - (2051-A - 2051-X) COUNTY OF FRANKLIN SOLID WASTE MANAGEMENT AUTHORITY
2051-E - Powers of the authority.

 
    § 2051-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;
    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.
    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 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  have  the  right  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 or otherwise
  dispose of  any  project  or  part  thereof  to  any  person  or  public
  corporation, subject to such conditions and limitations as the authority
  may determine to be in the public interest;
    7.  To assist in the planning, development and construction 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 or operated by the authority,  which  assistance
  may  include  loans  to any person or public corporation. Any such solid
  waste facility producing either  electricity  or  shaft  horsepower  and
  useful  thermal  energy  shall  constitute  a  co-generation facility as
  defined in subdivision two-a of section two of the public service law;
    8. To collect, 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
  authority  to sell and dispose of any products or by-products (including
  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 including
  without limitation 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 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 authority, which 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  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  by-laws  of  the
  authority  shall  constitute offenses or infractions and provide for the
  punishment of violations thereof by civil and criminal penalties;

    11. With the consent of the chairman of the county legislature, 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
  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 rights of the holders thereof;
    15.  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 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;
    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 or public corporation, by bequest or
  otherwise,  and to expend the proceeds for any corporate purposes of the
  authority;
    17. To act as an agency, as such term is used in section  two  hundred
  fifty-one of the county law; and
    18.  To  do all things necessary or convenient to carry out the powers
  expressly given in this title.