New York Laws
Title 6-D - Alfred, Almond, Hornellsville Sewer Authority
1147-E - Powers of the Authority.

§ 1147-e. Powers of the authority. The authority shall have power:

1. To prepare or cause to be prepared plans, designs and estimates of
costs for the construction of the project, and from time to time modify
such plans, designs or estimates.

2. To construct the project and any additions, betterments and
extensions to the facilities of the authority by contract or contracts,
or through or by means of its own officers, agents and employees.

3. To have jurisdiction, control, possession and supervision of any
existing sewer system acquired by the authority and the project; to
maintain, operate, reconstruct and improve the same as a comprehensive
sewerage system and to make additions, betterments and extensions
thereto, and to have all the rights, privileges and jurisdiction
necessary or proper for carrying such power into execution. No
enumeration of powers in this or any other general, special or local law
shall operate to restrict the meaning of this general grant of power or
to exclude other powers comprehended within this general grant.

4. To sue and be sued.

5. To have a seal and alter the same at pleasure.

6. To borrow money and issue negotiable notes, bonds or other
obligations and provide for the rights of the holders thereof.

7. To enter into contracts and execute all instruments necessary or
convenient or desirable for the purposes of the authority to carry out
any powers expressly given it in this title.

8. To acquire, by purchase, gift, grant, transfer, contract or lease
or by condemnation pursuant to the eminent domain procedure law, lease
as lessee, hold and use and to sell, lease as lessor, transfer or
otherwise dispose of, any real or personal property or any interest
therein, within or without the district, as the authority may deem
necessary, convenient or desirable to carry out the purposes of this
title; provided, however, that the authority may not condemn real
property of a municipality without the consent of the governing body of
such municipality.

9. To purchase in the name of the authority, any sewer system,
including but not limited to trunk, intercepting and connecting, lateral
and outlet sewers, pumping and ventilating stations, disposal or
treatment plants or works, and other appliances and structures, which in
the judgment of the authority will provide an effective and advantageous
means of relieving the area within the bounds of the authority,
including surface and ground waters from inadequate sanitary drainage
and for the sanitary disposal or treatment of the sewage thereof, or
such sections or parts of such system as the authority may from time to
time deem it proper or convenient.

10. To construct, improve or rehabilitate sewage disposal facilities
and appurtenances required for the maintenance, development or expansion
of the sewage disposal system within the bounds of the authority.

11. To operate and manage and to contract for the operation and
management of facilities of the authority.

12. To enter into contracts, and carry out the terms thereof, for the
wholesale provision of sewerage disposal with municipalities and private
individuals or corporations.

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

14. To take all necessary and reasonable actions within the bounds of
the authority to protect from pollution surface and ground waters within

the district, including the making of plans and studies, the adoption of
rules and regulations relating to the disposal of sewage, the enforcing
of compliance with all current and future rules and regulations of the
state sanitary code with regard to sewage disposal, and the providing of
educational materials and programs to the public relating to sewage
disposal.

15. To retain or employ counsel, auditors, engineers and private
consultants on a contract basis or otherwise for rendering professional
or technical services and advice.

16. To make plans and studies necessary, convenient or desirable for
the effectuation of the purposes and powers of the authority and to
prepare recommendations in regard thereto.

17. To make by-laws for the management and regulation of its affairs
and rules and regulations for the conservation, preservation and
protection of the authority's property, facilities and personnel and,
subject to agreements with bondholders, rules, regulations and by-laws
relating to the use of the facilities of the authority, including use of
the sewer system including the imposition and collection of rents and
charges therefor. A copy of each rule or regulation and each by-law and
all amendments thereto, duly certified by the secretary of the
authority, shall be filed in the office of the municipalities within the
district and thereafter a summary thereof shall be published once in a
newspaper having general circulation in the district. Such notice shall
state that a copy of such rule or regulation, by-law or amendment is on
file in the office of each municipality in the district and available
for public review. Violations of such rules and regulations shall be
punishable by fine, not exceeding fifty dollars.

18. To fix rates and collect charges for the use of the facilities of,
or services rendered by, or any commodities furnished by the authority
such as to provide revenues sufficient at all times to pay, as the same
shall become due, the principal and interest on the bonds, 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 expense of operating and maintaining the properties of the authority
together with proper maintenance reserves, capital reserves, repair
reserves, and other contingency reserves, and all other obligations and
indebtedness of the authority; however, no such rates or charges shall
be changed until a public hearing on such changes shall have been held
upon not less than fourteen days notice thereof to each customer, either
by mail or by publication once in a newspaper having general circulation
within the bounds of the authority.

19. 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 corporation, by bequest or
otherwise, and to expend the proceeds for the purposes of the authority.

20. To contract with any town or village wholly or partially within
the bounds of the authority for the purpose of undertaking or paying for
any capital improvements made by the authority or its agents and such
contract may provide, among other things consistent with the purposes of
this title, (a) that any town, acting on behalf of any sewer district
within the bounds of the authority, shall pay the districts agreed share
of the cost of such capital improvements and such town shall have the
authority to levy and collect special assessments upon real property
within that area of the town which is benefited by such sewer facilities
and pay such assessments to the authority as provided in such contract,
and (b) that any village within the bounds of the authority shall pay
its agreed share of the cost of such capital improvements and such
village shall have the authority to levy and collect special assessments

upon real property within the village which is benefited by such sewer
facilities and pay such special assessments to the authority as provided
in such contract. In order to carry out the terms of any such contract
each town board shall have the authority to levy special assessments
upon the lands benefited in the same manner as special assessments are
levied for district improvements within a town and each board of
trustees shall have the authority to levy special assessments upon the
lands benefited in the manner provided in article fourteen of the
village law.

21. To enter into cooperative agreements with other authorities,
municipalities, sewer districts and other public corporations for the
interconnection of facilities, the exchange or interchange of services
and commodities and, within the territorial limits of the authority,
enter into contracts for the construction and operation and maintenance
of all or a portion of the sewer system, upon such terms and conditions
as shall be determined to be reasonable including but not limited to the
reimbursement of all costs of such construction, or for any other lawful
purposes necessary or desirable to effect the purposes of this title.

22. 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.

23. For the purposes of article fifteen-A of the executive law only
the authority shall be deemed a state agency as that term is defined in
such article and its contracts for procurement, design, construction,
services and materials shall be deemed state contracts within the
meaning of that term as set forth in such article.

24. To do all things necessary or convenient to carry out the powers
expressly given in this title.