§ 1196-D — General powers of an authority

New York § 1196-D

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-A: New York State Local Water and Sewer Authority Act
• Art. 5: Public Utility Authorities

Text

§ 1196-d. General powers of an authority. Except as otherwise limited\nby this title, an authority shall have 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 negotiable or non-negotiable notes,\nbonds, or other obligations and to provide for the rights of the holders\nthereof;\n 4. To enter into contracts and to 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 an\nauthority may not acquire, condemn or otherwise receive real property of\na municipality without the consent of the governing body of such\nmunicipality;\n 6. To construct, improve or rehabilitate water supply or sewerage\nfacilities required for the maintenance, development or expansion of\nwater supply sources or sewerage facilities;\n 7. To construct, improve or rehabilitate distribution, transmission,\nand sewerage facilities;\n 8. To operate and manage and to contract for the operation and\nmanagement of facilities constructed by 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\nand 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 sewage;\n 11. 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, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n 12. To appoint such officers and employees as are required for the\nperformance of its duties, and to fix and determine their\nqualifications, duties and compensation, and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice;\n 13. 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 14. To enter upon such lands, waters, or premises as in the judgment\nof the authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n 15. 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 16. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district and to\ncollect, treat and discharge sewage produced for such purposes by such\ngenerators;\n 17. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater system;\n 18. To produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; and to\npurchase water from any municipal corporation, town water district,\nperson, association or corporation; provided, however, that water may be\nsold at retail to individual consumers only within the district and\nfurther provided that in exercising the powers granted by this title,\nthe authority shall not sell water in any area which is served by a\nwater system owned or operated by a municipality or special improvement\ndistrict unless the governing body of such municipality or district\nshall adopt a resolution requesting the authority to sell water in such\nserved areas;\n 19. To make bylaws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nor collection of sewage and the collection of rents and charges\ntherefor. A copy of such rules and bylaws, and all amendments thereto,\nduly certified by the secretary of the authority shall be filed in the\noffice of the sponsoring municipality or municipalities and thereafter\npublished once in two newspapers having a general circulation in the\nsponsoring municipality or municipalities. Violation of such rules shall\nbe punishable by fine, not exceeding fifty dollars, or by imprisonment\nfor not longer than thirty days, or both;\n 20. 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, notes or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue, the expense of operating and maintaining the properties of the\nauthority together with proper reserves for maintenance, contingencies\nand all other obligations and indebtedness of the authority;\n 21. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, and\nwithin the territorial limits of the district to enter into a contract\nfor the construction and operation and maintenance of a water supply and\ndistribution or sewerage system by the authority for any municipality\nhaving power to construct and develop a water supply and distribution or\nsewerage system, upon such terms and conditions as shall be determined\nto be reasonable including, but not limited to the reimbursement of all\ncosts of such construction, or for any other lawful purposes necessary\nor desirable to effect the purposes of this title;\n 22. To provide for the discontinuance or disconnection of the supply\nof water or the provision of sewerage service, or both, as the case may\nbe, for non-payment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water or the provision of sewerage service, or both, as\nthe case may be, shall not be carried out except in the manner and upon\nthe notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law; and\n 23. 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