Title PBA, Public Authorities

* § 1142. Town may levy tax within district. Should it appear to the town board at any time that the revenue of the authority is or will be insufficient to provide for the payment of any bonds issued under this title and to reimburse the town for any moneys that it may have adva…

* § 1142. Dutchess county water district. There is hereby defined and established an area to be known as the "Dutchess county water district" which shall embrace all the territory located within the county. After the establishment of the Dutchess county water district, such dist…

* § 1143. Contracts for design, construction, service and materials. For the purposes of article fifteen-A of the executive law only, the authority shall be deemed a state agency as that term is used in such article, and its contracts for design, construction, services and mater…

* § 1143. Separability. If any section, clause or provision in this title shall be held by a competent court to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and no other sec…

* § 1144. Authority to take affirmative action. The authority shall ensure that all employees and applicants for employment are afforded equal opportunity without discrimination. * NB There are 2 § 1144's

* § 1144. Effect of inconsistent provisions. Insofar as the provisions of this title are inconsistent with the provisions of any other act, general or special, or of any charter, local law, ordinance or resolution of the county, or other municipality, the provisions of this titl…

§ 1145. Separability. If any section, clause or provisions of this title shall be held by a competent court to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and no other sect…

§ 1146. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other act, general or special, or of any charter, local law, ordinance or resolution of the town, or other municipality, the provisions of this title …

§ 1147. Short title. This title may be cited as the "Alfred, Almond, Hornellsville Sewer Authority Project Act".

§ 1147-a. Definitions. As used in this title, unless a different meaning clearly appears from the context: 1. The term "authority" shall mean the corporation created by section eleven hundred forty-seven-c of this title. 2. "Board of directors" shall mean the governing board of …

§ 1147-b. Sewer districts created. There are hereby created four separate sewer districts: one encompassing the village of Almond, to be known as the Almond village sewer district; one encompassing all of that portion of the town of Alfred outside the village of Alfred, to be kn…

§ 1147-c. Sewer authority created. 1. A corporation known as the Alfred, Almond, Hornellsville Sewer Authority is hereby created for the purposes and charged with the duties and having the powers provided in this title. The authority shall be a corporate governmental agency cons…

§ 1147-d. Responsibilities of the authority. The authority shall have the responsibility to investigate, analyze and evaluate various options for the collection, treatment and disposal of sewage generated within the district, including, but not limited to the following: 1. The p…

§ 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 …

§ 1147-f. Charges by the authority; method of collection. The\nauthority may fix and collect, on any equitable basis, rates, fees and\nother charges for the use of its facilities or of the services or\ncommodities provided by the authority. Such rates, rentals, fees and\nother c…

§ 1147-g. Governmental capacity of the authority and municipalities. The authority, the county and the other municipalities, in carrying out their respective powers and duties under this title, shall be deemed to be acting in a governmental capacity and in the performance of an …

§ 1147-h. Transfer of officers and employees. 1. In accordance with the provisions of section seventy of the civil service law, any officer or employee of the municipality served by the authority, may, at the request of the authority and with the consent of the chief executive o…

§ 1147-i. Environmental applications, proceedings, approvals and permits. Any application in relation to the purposes of or contemplated by this title heretofore filed, or any proceeding heretofore commenced, by the county or any agency thereof with the state department of envir…

§ 1147-j. Limited liability. Neither the members of the authority, nor any municipality, officer or employee acting on behalf of the authority, while acting within the scope of their authority, shall be subject to any personal liability resulting from the construction, maintenan…

§ 1147-k. Bonds of the authority. 1. The authority shall have the power and is hereby authorized from time to time to issue bonds, notes or other obligations to pay the cost of any project or for any other corporate purpose, including the establishment of reserves to secure the …

§ 1147-l. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to subdivision five of section eleven hundred forty-seven-k of this title: 1. In the event that the authority shall default in the payment of principal of or interest on any issue of bon…

§ 1147-m. State, county and municipalities not liable on bonds of the authority. Neither the state, county nor any other municipality or public corporation shall be liable on the bonds of the authority and such bonds shall not be a debt of the state, county or any other municipa…

§ 1147-n. Moneys of the authority. All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and shall be deposited forthwith in interest bearing accounts in a bank or banks in the state designated by the governing body. The moneys …

§ 1147-o. Bonds and notes as legal investment. The bonds of the authority are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, all ba…

§ 1147-p. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds or notes issued by the authority pursuant to this title that the state will not alter or limit the rights hereby vested in the authority to purchase, construct, maintain, …

§ 1147-q. Exemption from taxes, assessments and certain fees. 1. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the village of Almond and the people of the towns of Alm…

§ 1147-s. Actions against the authority. 1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against the authority for personal injury or damage to real or personal property alleged to have been sustained by reason of the …

§ 1147-t. Arbitration of disputes. In the event any dispute arises relating to the construction, improvement, extension, operation, funding or any other matter pertaining to the providing of sewer facilities or the operation of the sewer system and which any village or town whol…

§ 1147-u. Construction and purchase contracts. The authority shall let contracts for construction or purchase of supplies, materials, or equipment pursuant to sections one hundred one and one hundred three of the general municipal law and shall be let in accordance with the prov…

§ 1147-v. Code of ethics. 1. Definition. As used in this section the term "authority employee" shall mean any member, officer or employee of the authority. 2. Rule with respect to conflicts of interest. No authority employee should have any interest, financial or otherwise, dire…

§ 1147-w. Equal employment opportunity. The authority shall ensure that all employees or applicants for employment are afforded equal employment opportunity without discrimination.

§ 1147-x. Audit and annual report. In conformity with the provisions of section five of article ten of the constitution, the accounts of the authority shall be subject to the supervision of the comptroller and an annual audit shall be performed by an independent certified accoun…

§ 1147-y. Separability clause. If any section, clause or provision in this title shall be held by a competent court to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective, and no ot…

§ 1147-z. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other act, general or special, or of any charter, local law, ordinance or resolution of any municipality, the provisions of this title shall be cont…

§ 1149. Short title. This title shall be known and may be cited as the "Seneca county water and sewer authority act".

§ 1149-a. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context: 1. "Authority" shall mean the corporation created by section one thousand one hundred forty-nine-c of this title. 2. "Board" shall mean the members of the au…

§ 1149-b. Seneca county water and sewer authority district. There is hereby defined and established a district to be known as the "Seneca county water and sewer authority district" which shall embrace all of the territory located within the county of Seneca.

§ 1149-c. Seneca county water and sewer authority. 1. A public corporation known as the "Seneca county water and sewer authority" is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be a corporat…

§ 1149-d. 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 at pleasure; 3. To borrow money and issue negotiable notes, bonds, or other obligations and to provide for the rights of the holders thereof; 4. To …

§ 1149-e. Advances on behalf of the authority; transfer of property to the authority; acquisition of property by county for authority. 1. In addition to any powers granted to it by law, the county from time to time may appropriate sums of money, after approval by the board of su…

§ 1149-f. Transfer of officers and employees. Any officer or employee under civil service who is selected by the authority and may be transferred to the authority and shall be eligible for such transfer and appointment without examination to comparable offices, positions and emp…

§ 1149-g. Bonds of the authority. 1. The authority shall have the power and is hereby authorized from time to time to issue bonds in conformance with the applicable provisions of the uniform commercial code in such principal amounts as it may determine to be necessary to pay the…

§ 1149-h. Remedies of bondholders. Subject to any resolution or resolutions adopted pursuant to applicable provisions of this title: 1. In the event that the authority shall default in the payment of principal of or interest on any issue of the bonds after the same shall become …

§ 1149-i. State and municipalities not liable on authority bonds. Neither the state nor any municipality shall be liable on the bonds of the authority and such bonds shall not be a debt of the state or of any municipality.

§ 1149-j. Moneys of the authority. All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and shall be deposited forthwith in one or more banks and/or trust companies in the state designated by the authority. The moneys in such a…

§ 1149-k. Bonds legal investments for fiduciaries. The bonds of the authority are hereby made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations and other persons carrying on an insurance business, al…

§ 1149-l. Agreement with the state. The state does hereby pledge to and agree with the holders of any bonds issued by the authority pursuant to this title that the state will not alter or limit the rights hereby vested in the authority to purchase, construct, maintain, operate, …

§ 1149-m. Exemption from taxes, assessments and certain fees; payments in lieu of taxes. 1. It is hereby determined that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the county and the state and …

§ 1149-n. Actions against the authority. 1. Except in an action for wrongful death, no action or special proceeding shall be prosecuted or maintained against the authority for personal injury or damage to real or personal property alleged to have been sustained by reason of the …

§ 1149-o. Interest in contracts prohibited. It shall be a misdemeanor for any member or any officer, agent, servant or employee of an authority to be in any way or manner interested, directly or indirectly, in the furnishing of work, materials, supplies or labor, or in any contr…