State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-g > 2050-e

§ 2050-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, subject to the approval  of  the  county  legislature  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 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 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 county 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 county,  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 county,  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 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 powerto 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 chairman of the county legislature, to use  officers  or  employees  of  the  county  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  county  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-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 power  expressly given in this title.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-g > 2050-e

§ 2050-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, subject to the approval  of  the  county  legislature  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 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 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 county 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 county,  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 county,  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 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 powerto 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 chairman of the county legislature, to use  officers  or  employees  of  the  county  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  county  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-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 power  expressly given in this title.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-g > 2050-e

§ 2050-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, subject to the approval  of  the  county  legislature  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 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 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 county 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 county,  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 county,  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 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 powerto 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 chairman of the county legislature, to use  officers  or  employees  of  the  county  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  county  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-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 power  expressly given in this title.