2006 New York Code - Powers Of The Authority.

 
    § 1199-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 bonds or other obligations and to provide
  for the rights of the holders thereof;
    4. To enter into contracts and to 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;
    5. 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 any real or personal property or  any  interest
  therein, as the authority may deem necessary, convenient or desirable to
  carry  out  the  purpose  of  this  title;  provided  however,  that the
  authority may not condemn real property of a municipality of  the  state
  unless such municipality shall consent thereto;
    6.  To  purchase,  in the name of the authority, any water facility or
  sewerage facility, and any  improvements,  extensions  and  betterments,
  situated  wholly  within  the  district,  provided,  however,  that  the
  authority shall have the power to purchase any source of supply,  supply
  facility or transmission facility or any part thereof situated wholly or
  partly without the territorial limits of the district, provided the same
  shall  be necessary in order to supply water within the district; and in
  connection with the purchase  of  such  properties,  the  authority  may
  assume  any  obligations  of  the  owner  of such properties and, to the
  extent required by the terms of  any  indentures  or  other  instruments
  under  which  such obligations were issued, the authority may assume and
  agree to perform covenants and observe  the  restrictions  contained  in
  such instruments; and furthermore the owner of any properties, which the
  authority  is  authorized  to  acquire,  is hereby authorized to sell or
  otherwise transfer the same to the authority,  whereupon  the  authority
  shall  become  charged  with  the  performance of all public duties with
  respect to such properties with which such owner was  charged  and  such
  owner  shall  become  discharged  from the performance thereof, and as a
  means of so acquiring for such purpose, the authority may  purchase  all
  of  the  stock  of  any  existing  privately  owned water corporation or
  company and in the case of a sale or other transfer of properties  of  a
  public utility corporation pursuant to this provision, upon the purchase
  of  the  stock  of  such  corporation  or  company it shall be lawful to
  dissolve such corporation within a reasonable time;
    7. To construct, improve, maintain, develop,  expand  or  rehabilitate
  water facilities or sewerage facilities;
    8.  To  operate  and  manage  and  to  contract  for the operation and
  management of properties of the authority;
    9. To enter into contracts, and carry out the terms thereof,  for  the
  wholesale  provision  of water produced by supply facilities constructed
  and operated by the  authority,  to  municipalities  and  private  water
  companies  and  to  carry out the terms thereof, for the transmission of
  water from new or existing supply facilities;
    10. To enter into contracts with municipalities  for  the  collection,
  treatment and disposal of sewage;
    11. To apply to the appropriate agencies and officials of the federal,
  state  and  local governments for such licenses, permits or approvals of
  its plans or projects as it may deem necessary or  advisable,  and  upon
  such  terms and conditions as it may deem appropriate, and to accept, in
  its discretion, such licenses, permits or approvals as may  be  tendered
  to it by such agencies and officials;
    12.  To  appoint  such  officers and employees as are required for the
  performance of its duties, to fix and  determine  their  qualifications,
  duties  and  compensation,  and  to  retain or employ counsel, auditors,
  engineers and private consultants on a contract basis or  otherwise  for
  rendering professional or technical services and advice;
    13.  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;
    14. 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 damage done;
    15. To apply for and to accept any gifts or grants or loans  of  funds
  or  property  or  financial  or  other  aid in any form from the federal
  government or any agency or instrumentality thereof, or from  the  state
  or  any  agency or instrumentality thereof or from any other source, for
  any or all of the purposes specified  in  this  title,  and  to  comply,
  subject  to  the provisions of this title, with the terms and conditions
  thereof;
    16. To supply and sell  water  for  domestic,  commercial  and  public
  purposes  at  retail  to individual consumers within the district and to
  collect, treat and discharge sewage produced for such purposes  by  such
  generators;
    17.  To purchase water in bulk from any person, private corporation or
  municipality when necessary or convenient  for  the  operation  of  such
  water system;
    18.  To  produce,  develop,  distribute  and  sell  water  or sewerage
  services within or without the territorial limits of the  district;  and
  to  purchase  water from any municipal corporation, town water district,
  person, association or corporation; provided, however,  that  water  and
  sewerage  services  may  be  sold at retail to individual consumers only
  within the district and further provided that in exercising  the  powers
  granted  by  this  title, the authority shall not sell water or sewerage
  services in any area which is served  by  a  water  system  or  sewerage
  system  owned  or  operated  by  a  municipality  or special improvement
  district unless the governing body  of  such  municipality  or  district
  shall  adopt  a  resolution  requesting  the  authority to sell water or
  sewerage services, as the case may be, in such served areas;
    19. To make by-laws for the management and regulation of  its  affairs
  and  subject to agreements with bondholders, rules for the sale of water
  or collection  of  sewage  and  the  collection  of  rents  and  charges
  therefor.  A copy of such rules and by-laws, and all amendments thereto,
  duly  certified  by the secretary of the authority shall be filed in the
  office of the county clerk  of  the  county.  In  addition,  the  county
  legislature by local law shall have power to prescribe that violation of
  specific  by-laws of the authority, published once in a newspaper having
  a general circulation in the county, shall be punishable  by  fine,  not
  exceeding  fifty  dollars, or by imprisonment for not longer than thirty
  days, or both;
    20. 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  reserves  for maintenance, contingencies and all
  other obligations and indebtedness of the authority;
    21. To enter  into  cooperative  agreements  with  other  authorities,
  municipalities,  counties,  towns,  villages,  water  districts, utility
  companies, individuals, firms or corporations,  within  or  without  the
  territorial   limits   of  the  district,  for  the  interconnection  of
  facilities, the exchange or interchange of services and commodities, and
  within  the  territorial limits of the district to enter into a contract
  for the construction  and  operation  and  maintenance  of  a  water  or
  sewerage  system  by  the authority for any municipality having power to
  construct and develop a water or sewerage 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 provide for the discontinuance or  disconnection  of  water  or
  sewerage  service, or both, as the case may be, for non-payment of fees,
  rates, rents  or  other  charges  therefor  imposed  by  the  authority,
  provided  such  discontinuance or disconnection of any water or sewerage
  service, or both, as the case may be, shall not be carried out except in
  the  manner  and  upon  the  notice  as  is  required  of  a  waterworks
  corporation  pursuant  to  subdivisions  three-a, three-b and three-c of
  section eighty-nine-b and section one  hundred  sixteen  of  the  public
  service law;
    23.  To act as a county water agency in accordance with the provisions
  of article five-A of the county law; and
    24. To do all things necessary, convenient or desirable to  carry  out
  its purposes and for the exercise of the powers granted in this title.