§ 1125 — Powers of the authority

* § 1125. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n 4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n 5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title; provided however, that the\nauthority may not condemn real property of a municipality without the\nconsent of the governing body of such municipality;\n 6. To purchase, in the name of the authority, any water facility or\nsewerage facility, and any improvements, extensions and betterments,\nsituated wholly within the district, provided, however, that the\nauthority shall have the power to purchase any source of supply, supply\nfacility, water supply system, transmission facility, sewerage system or\nsewerage facility or any part thereof situated wholly or partly without\nthe territorial limits of the district, provided the same shall be\nnecessary in order to supply water within the district; and in\nconnection with the purchase of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore, the owner of any properties, which\nthe authority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall have become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall have become discharged from the performance thereof, and as\na means of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n 7. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities or sewerage facilities and to pay the costs thereof;\n 8. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n 9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n 10. To enter into contracts with municipalities for the collection,\ntreatment and disposal of sewerage;\n 11. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n 12. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n 13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n 14. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n 15. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purposes\nauthorized by this title, the authority being liable only for actual\ndamage done;\n 16. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n 17. To obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district, and to collect, treat and discharge\nsewerage for such purposes by such generators;\n 18. To purchase water in bulk from any person, private corporation,\npublic corporation or municipality when necessary or convenient for the\noperation of such water system;\n 19. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any public corporation, town water district,\nmunicipality, person, association or corporation; provided, however,\nthat water and sewerage services may be sold at retail to individual\nconsumers only within the district and further provided that in\nexercising the powers granted by this title, the authority shall not\nsell water or sewerage services in any area outside of the town (a)\nwithout town board approval and (b) in any area which is served by a\nwater, sewerage or water and sewerage system owned or operated by a\nmunicipality or special improvement district unless the governing body\nof such municipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served area;\n 20. To make and amend from time to time by-laws for the management and\nregulation of its affairs and rules and regulations for the\nconstruction, preservation and protection of the authority's water\nsupply and, subject to agreements with bondholders, rules for the sale\nof water or collection of sewerage and the collection of rents and\ncharges therefor. A copy of such rules, regulations and by-laws, and any\nrules and regulations adopted pursuant to subdivision twelve of this\nsection, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the clerk of the town. In\naddition, the town board by local law shall have power to prescribe that\nviolation of specific by-laws, rules and regulations of the authority,\npublished once in a newspaper having a general circulation in the town,\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n 21. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves and\nall other obligations and indebtedness of the authority;\n 22. To enter into cooperative agreements with other authorities,\nmunicipalities, water districts, utility companies, individuals, firms\nor corporations, within or without the territorial limits of the\ndistrict, for the interconnection of facilities, the exchange or\ninterchange of services and commodities, and within the territorial\nlimits of the district to enter into a contract for the construction and\noperation and maintenance of a water or sewerage system by the authority\nfor any municipality, public corporation or water or sewer district\nhaving power to construct and develop a water or sewer system, as the\ncase may be, upon such terms and conditions as shall be determined to be\nreasonable including but not limited to the reimbursement of all costs\nof such construction, or for any other lawful purpose necessary or\ndesirable to effect the purposes of this title;\n 23. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for non-payment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water service,\nshall not be carried out except in the manner and upon the notice as is\nrequired of a waterworks corporation pursuant to subdivisions three-a,\nthree-b and three-c of section eighty-nine-b and section one hundred\nsixteen of the public service law;\n 24. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees; and\n 25. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n * NB There are 2 § 1125's\n